[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Rules and Regulations]
[Pages 5139-5143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2736]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / 
Rules and Regulations

[[Page 5139]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 94-016F]
RIN 0583-AC25


Poultry Inspection: Revision of Finished Product Standards With 
Respect to Fecal Contamination

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule; Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
poultry products inspection regulations to clarify and strengthen the 
enforcement of FSIS's zero-tolerance policy regarding visible fecal 
material on poultry carcasses. FSIS is amending its regulations to 
codify an existing standard that ensures poultry carcasses contaminated 
with fecal material do not enter the chilling tank. In order to clarify 
the enforcement of this policy, this rule removes ``feces'' as a 
nonconformance element in the finished product standards for poultry.
    In addition, the Agency is seeking comments on the relationship 
between ingesta and the presence of microbial pathogens on raw poultry.

DATES: This rule is effective on May 5, 1997. There is no due date for 
comments requested on the relationship between ingesta and microbial 
pathogens on raw poultry.

ADDRESSES: Submit one original and two copies of written comments to: 
FSIS Docket Clerk, DOCKET #94-016F, U.S. Department of Agriculture, 
Food Safety and Inspection Service, Room 3806 South Agriculture 
Building, 1400 Independence Ave., SW., Washington, DC 20250-3700. All 
comments submitted will be available for public inspection in the 
Docket Clerk's Office between 8:30 a.m. and 1:00 p.m. and 2:00 p.m. and 
4:30 p.m., Monday through Friday. To review the research and other 
background information used by FSIS in developing this document, 
interested persons may visit the Docket Clerk's office during the times 
listed above.

FOR FURTHER INFORMATION CONTACT: Dr. Isabel Arrington, Staff Officer, 
Slaughter Operations, Office of Field Operations; (202) 720-7905.

SUPPLEMENTARY INFORMATION:

Background

    To enforce the ``zero tolerance'' policy regarding visible fecal 
contamination on poultry, FSIS program employees look at every carcass 
to ensure it is not contaminated by visible fecal contamination. This 
visual check of all carcasses occurs after evisceration but prior to 
the separation of the viscera from the carcass and prior to the final 
wash and entry of the carcass into the chilling tank. Should visible 
fecal contamination be observed, existing regulations permit 
establishments to reprocess contaminated carcasses by a number of 
approved methods, including washing and trimming on or off the line. 
Regardless of the method chosen, the end result must be removal of all 
visible specks of contamination prior to the carcasses' entering the 
chiller. This zero tolerance policy for visible fecal contamination is 
an important food safety standard because fecal contamination is a 
major vehicle for spreading pathogenic microorganisms, such as 
Salmonella, to raw poultry.
    Under current rules, FSIS ensures removal of all visible fecal 
contamination subsequent to postmortem inspection through off-line 
reinspection, direct on-line observations by an inspector, and 
application of finished product standards (FPS). The FPS are applied to 
samples of product prior to its entering the chiller and after product 
has left the chiller as a means of measuring an establishment's 
performance in meeting organoleptic (detectable by the unaided senses) 
standards, including the removal of visible fecal contamination.
    Under an FPS program, the poultry establishment checks carcasses 
entering and leaving the chiller for nonconformance to the FPS. If the 
incidence of nonconformances determined by the FPS test indicates that 
the establishment's process is out of control, the establishment must 
take corrective action. Any bird in the sample taken found to be 
contaminated with feces is set aside for rework or condemnation. FSIS 
inspectors located before the chiller also evaluate performance by 
visually observing carcasses, checking quality control data, and 
sampling product. The establishment and FSIS apply a statistical method 
to determine if the establishment's processes are under control and 
producing consistently sound product. In the event an establishment 
does not meet statistical criteria, the establishment's process is 
determined to be out of control and corrective action is required. The 
application of FPS does not preclude the inspector's directing the 
establishment to take corrective action any time carcasses visibly 
contaminated with fecal matter are observed.
    On July 13, 1994, FSIS published a proposed rule, ``Enhanced 
Poultry Inspection,'' in the Federal Register (59 FR 35659) to clarify 
and strengthen substantially the Agency's zero-tolerance policy for 
visible fecal contamination. The proposed rule would have implemented a 
single system of postmortem inspection for all poultry species. 
Establishment personnel would have been required to pre-sort birds 
before inspection to exclude those with diseases and condemnable 
conditions. In addition, the inspection sequence would have been 
changed to permit inspectors to conduct on-line checks for 
contamination. The proposal would have required all reprocessed birds 
to be returned to the main processing line for inspection.
    FSIS also proposed the mandatory use of antimicrobial rinses in all 
establishments, use of establishment employees to sort poultry, 
revision of the FPS, and addition of recordkeeping and verification 
procedures. The proposal included the removal of ``feces'' from the 
list of nonconformances in the FPS and a mandatory line speed reduction 
triggered by any finding of visible fecal contamination during an FPS 
review or at other times when such contamination was detected.
    Since the proposed rule was published, FSIS has adopted a

[[Page 5140]]

comprehensive, preventive food safety strategy to reduce the incidence 
and prevalence of foodborne illness in the United States. The 
centerpiece of this strategy is the ``Pathogen Reduction; Hazard 
Analysis and Critical Control Points (HACCP) Systems'' final rule (61 
FR 38805-38989, July 25, 1996). HACCP is a system of preventive 
controls designed to improve the safety of food products.
    The Pathogen Reduction/HACCP regulations require each establishment 
to conduct a hazard analysis and develop a HACCP plan applicable to 
every product it produces. Fecal contamination is a reliable indicator 
of the likely presence of microbial pathogens, a food safety hazard 
which all slaughtering establishments will necessarily address in their 
HACCP plans. Poultry processing establishments must adopt HACCP 
controls that they can demonstrate are effective in reducing the 
occurrence of microbial pathogens; those controls include preventing 
the fecal contamination of carcasses and thus preventing fecally 
contaminated carcasses from entering the chilling tanks. They will be 
required to monitor, verify, and record results which demonstrate the 
effective operation of those controls on a continuing basis.
    Under the Pathogen Reduction/HACCP rule, in addition to controls 
for reducing microbial pathogens, such as ensuring that all poultry 
carcasses are free of visible fecal contamination before entering the 
chiller, slaughtering establishments will verify their process controls 
by testing sampled carcasses for generic Escherichia coli (Biotype I). 
In addition, FSIS has established pathogen reduction performance 
standards based on Salmonella prevalence in raw product. These 
standards, which FSIS will enforce through its own Salmonella testing 
program, complement the process control performance criteria for 
visible fecal contamination and E. coli testing.
    The Pathogen Reduction/HACCP rule establishes a more comprehensive 
framework for food safety protection than did the 1994 proposal, and 
therefore supersedes it. It couples HACCP-based process control to 
prevent visible fecal contamination (and other hazards) with microbial 
testing and pathogen reduction performance standards to scientifically 
verify the effectiveness of the HACCP plan. Some of the concepts in the 
July 1994 proposal, such as antimicrobial processes and the role of 
FSIS inspectors, may be addressed by future rulemakings if the concepts 
appear to provide substantial food safety benefits in a HACCP context.
    The zero-tolerance standard for visible fecal contamination, an 
indicator of likely microbial contamination, is one that must be 
achieved by processing control and therefore is consistent with the 
HACCP framework. The HACCP regulations require all establishments to 
identify all food safety hazards reasonably likely to occur in a 
specific process, and to identify critical control points adequate to 
prevent them. Fecal contamination is a food safety hazard because of 
its direct link to microbiological contamination and foodborne illness. 
Preventing carcasses with visible fecal contamination from entering the 
chiller is critical for preventing cross-contamination of other 
carcasses. The final carcass wash before the carcasses enter the 
chiller is a critical control point for preventing cross-contamination 
of other carcasses. Critical control points to eliminate visible fecal 
contamination are predictable and essential components of the HACCP 
plans for all slaughter establishments. For establishments' HACCP plans 
to be validated, they will have to achieve the zero tolerance for 
visible contamination at the point where carcasses enter the chiller.
    Though the zero-tolerance policy has not been codified in the 
regulations until now, it is implicit in some of the regulations. For 
example, Sec. 381.91(b), provides that poultry accidentally 
contaminated with digestive tract contents need not be condemned if 
promptly reprocessed under the supervision of an inspector and found 
not to be adulterated. The codification of the zero-tolerance policy 
for visible fecal contamination and removal of ``feces'' as a 
nonconformance element in the finished product standards for poultry 
provide a clear and unambiguous standard that poultry slaughtering 
establishments must meet today and, eventually, incorporate into their 
HACCP systems.
    FSIS will continue to verify that establishments are meeting the 
zero-tolerance standard through visual observations, data collection, 
and sampling. However, consistent with the policy, any indication of 
visible fecal contamination will require establishments to take 
immediate corrective action after deviations occur, rather than after a 
certain statistical measure of control is exceeded over a period of 
time.
    The bulk of the comments on the July 1994 proposal addressed 
provisions that are unrelated to this final rule. Of the 434 comments 
received, 64 addressed the zero-tolerance policy on fecal 
contamination. Forty-eight commenters were clearly in favor of the 
policy; 16 expressed various reservations, such as: (1) Fecal material 
was undefined; (2) visible feces should be trimmed, not washed; (3) 
since FSIS has a zero tolerance policy for fecal contamination, a rule 
change is not necessary; and (4) a zero tolerance policy should also be 
established for ingesta and other intestinal tract contents.
    In response to the commenters who stated that fecal material and/or 
feces should be defined, FSIS has developed guidelines for inspectors 
to use in identifying feces on carcasses. In these guidelines, three 
factors--color, consistency, and composition-- are essential in 
positively identifying fecal contamination. In general, fecal material 
color ranges from varying shades of yellow to green, brown, and white; 
the consistency of feces is usually semi-solid to a paste; and the 
composition of feces may include plant material. Inspectors use the 
feces identification guidelines to verify that establishments prevent 
carcasses with visible fecal contamination from entering the chilling 
tanks.
    Several commenters also felt that any contamination on the carcass 
should be trimmed, and that washing, including reprocessing, should not 
be permitted as an alternative to trimming. The regulations (9 CFR 
381.91(b)) permit poultry contaminated during slaughter with digestive 
tract contents, such as feces, to be reprocessed in lieu of being 
condemned. These regulations were promulgated in 1978 and were based, 
in part, on an Agricultural Research Service (ARS) study, published in 
the Journal of Food Science, which concluded that effective washing of 
contaminated poultry carcasses produced carcasses with microbiological 
levels essentially equal to normally processed and inspected 
carcasses.<SUP>1 A subsequent ARS study supported this finding.<SUP>2
---------------------------------------------------------------------------

    \1\ Blankenship LC, Cox NA, Craven SE, Mercuri AJ, and Wilson 
RL. Comparison of the Microbiological Quality of Inspection-Passed 
and Fecal Contamination-Condemned Broiler Carcasses. J. Food Science 
1975; 40:1236-1238.
    \2\ Blankenship LC, Bailey JS, Cox NA, Musgrove MT, Berrang ME, 
Wilson RL, Rose MJ, and Dua SK. A Research Note: Broiler Carcass 
Reprocessing, A Further Explanation. J. Food Prot. 1993; 56:983-985.
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    Several commenters stated that FSIS has a zero tolerance policy for 
feces and, therefore, a change to the regulations was not needed. 
However, the apparent incompatibility between FSIS's zero tolerance 
policy for fecal material on individual poultry carcasses and the 
existence of a process measure that

[[Page 5141]]

includes a tolerance for ``feces'' in the finished product standards 
has continued to cause confusion. To clarify the zero tolerance policy, 
FSIS is amending the poultry products inspection regulations by 
removing ``feces'' as a nonconformance element from the finished 
product standards.
    Several commenters stated that there should be a zero tolerance 
policy for ingesta and other digestive tract contents, in addition to 
feces. Ingesta are processing defects generally consisting of 
undigested feed remaining in a bird's crop, esophagus, and gizzard. 
Ingesta contamination and attached portions of the crop and esophagus 
are processing defects counted as FPS nonconformances. Ingesta 
contamination of poultry was not directly addressed in the July 1994 
proposal.
    A research report <SUP>3 recently identified the crop as a 
potential source of Salmonella contamination for broiler carcasses. The 
report noted that crops may be ruptured during processing, suggesting 
that the crop may serve as a source of carcass contamination if 
exposure to pathogenic microbes occurs during the last week before 
slaughter. The fact that birds are especially likely to pick up fecal 
droppings during the feed withdrawal period prior to slaughter could 
explain the presence of Salmonella in the crops.
---------------------------------------------------------------------------

    \3\ Hargis BM, Caldwell DJ, Brewer RL, Corrier DE, DeLoach JR, 
An Evaluation of the Chicken Crop as a Source of Salmonella 
Contamination for Broiler Carcasses. Poult Sci 1995; 74:1548-52.
---------------------------------------------------------------------------

    Comments and information on ingesta contamination would be useful 
to the Agency in its consideration of the need for additional 
regulatory measures regarding ingesta. Such information would also be 
helpful to establishments in identifying hazards and determining 
critical control points in their HACCP systems. FSIS would like to have 
more information on how the presence of ingesta on dressed poultry 
carcasses relates to the presence of microbial pathogens and, 
consequently, the food safety profile of ready-to-cook raw poultry. 
Specific information is requested on (1) the capacity of current 
technology to prevent ingesta contamination, (2) the consumer 
perspective on the presence of ingesta on ready-to-cook raw poultry, 
(3) the tolerance level and defect categories in the current FPS 
program for ingesta, crop, and esophagus, and (4) the availability and 
cost of new technology and its capacity to prevent ingesta 
contamination.

The Final Rule

    In summary, this final rule amends the poultry products inspection 
regulations by explicitly prohibiting dressed poultry carcasses 
contaminated with feces from entering the chiller. It also removes 
``feces'' from the list of nonconformance elements in the poultry 
finished product standards. Any visible fecal contamination found by 
the establishment during the finished product standards check means 
that the establishment has failed to meet the standard and that 
immediate corrective action is required, irrespective of the overall 
FPS results. Under this final rule, FSIS inspectors will continue their 
current practice of verifying the establishment's process control 
through visual observation of carcasses and off-line checks of sampled 
birds.
    Additionally, beginning on the effective date of this rule and 
prior to HACCP implementation, FSIS inspectors will, during each shift 
in all poultry slaughtering operations, check at least two more 10-bird 
samples on each evisceration line for visible fecal contamination after 
the final wash, before the carcasses enter the chiller. Any amount of 
visible fecal contamination found by FSIS inspectors during these 
checks will be regarded as a lack of process control requiring 
immediate correction.
    FSIS will continue to verify the effectiveness of the 
establishment's corrective actions and, if the actions prove 
ineffective, will prohibit birds on affected lines from entering the 
chilling tank directly until the establishment demonstrates, and FSIS 
verifies, that the zero-tolerance standard for visible fecal 
contamination is being met. This prohibition may result in slowing or 
stopping the line until the problem is solved. FSIS also will check 
carcasses on the affected lines after they exit the chilling tank.
    After HACCP systems are implemented in slaughtering establishments, 
FSIS personnel will determine the effectiveness of preventive controls 
and corrective actions for visible fecal contamination as they verify 
HACCP system adequacy. They will continue close oversight of processor 
efforts to prevent visible fecal contamination, sampling birds at the 
same frequency as before HACCP implementation. The presence of visible 
fecal contamination on poultry carcasses entering the chiller will mean 
that controls to prevent such contamination have failed. The finding of 
fecal matter on carcasses entering the chiller even after corrective 
actions have been taken to prevent its recurrence will constitute 
evidence of a HACCP system failure. FSIS will consider a documented 
pattern of repeated system failures to be evidence that the 
establishment's HACCP plan is inadequate. The Agency will take 
immediate action to ensure proper disposition of adulterated product, 
including its condemnation. Additionally, if appropriate, the Agency 
will undertake proceedings to withdraw inspection from the 
establishment.
    FSIS plans to review the application of this standard during the 
implementation of HACCP in affected establishments. The Agency would 
certainly welcome input from interested parties on the application of 
this standard in a HACCP environment.
    FSIS expects that its zero-fecal-contamination policy, together 
with the Pathogen Reduction/HACCP rule, will improve the safety of raw 
poultry products and help bring about measurable declines in foodborne 
illness attributable to poultry consumption.

Executive Order 12866 and Effect on Small Entities

    This final rule has been determined to be significant and was 
reviewed by OMB under Executive Order 12866.
    This rule codifies as a standard the existing FSIS zero-tolerance 
policy for the presence of visible fecal contamination on poultry 
carcasses entering the chilling tank, and removes ``feces'' as a 
nonconformance element in the FPS for poultry. The rule does not 
require any facility changes nor does it stipulate what steps 
establishments must take to comply with the standard. Furthermore, this 
rule is compatible with the mandatory HACCP program for meat and 
poultry establishments.
    The rule will affect about 520 poultry slaughtering establishments 
subject to inspection under the Poultry Products Inspection Act. 
Approximately 360 of these are inspected by FSIS, about 300 operating 
under inspection systems incorporating FPS; the other 60 or so--most 
processing low-consumption-volume species, such as ducks and geese--
operating under ``traditional'' systems. In the ``traditional'' 
establishments, inspectors check outgoing product using lot acceptance 
plans from which entries for ``feces'' are being removed by Agency 
directive. The final rule will also affect about 160 poultry 
slaughtering establishments where States maintain inspection that is 
``at least equal to'' Federal inspection.

Alternatives Considered

    As discussed in the preamble to the proposal, FSIS considered two

[[Page 5142]]

alternatives to the proposed regulatory amendments that would have met 
the objectives of strengthening poultry products inspection, reducing 
the occurrence of pathogens on raw product, and enforcing a ``zero 
tolerance'' for visible fecal contamination of raw product. The first 
of the alternatives would have required detaching the viscera from the 
carcass before post-mortem inspection and presenting the organs and the 
carcass for inspection at the same time, rather than sequentially. A 
separate belt or tray would have been provided to prevent the viscera 
from contaminating the carcass. However, preliminary estimates 
indicated that costs to the industry of equipment acquisition and 
installation and downtime for construction would have approached $1 
billion.
    The second alternative would have involved retaining the current 
postmortem inspection procedures while positioning an additional 
inspector at the end of the evisceration line at a point after viscera 
removal to examine each carcass for fecal contamination. Under this 
alternative, the Government could have incurred an additional $16 
million per annum in personnel costs, which was unacceptable to FSIS, 
and production rates could have been slowed by 30 to 50 percent if 
fewer inspectors were assigned to perform the required tasks. The 
annual cost to the industry and consumers of slowed linespeeds could 
have been as high as $5.2 billion. In the Agency's judgment, either of 
these alternatives would have posed unacceptable costs.
    The alternative proposed by the Agency included a single postmortem 
inspection system for all kinds and classes of poultry, a requirement 
for the establishment to present for inspection birds that had been 
pre-sorted to exclude those with diseases and condemnable conditions, a 
change in the inspection sequence to include on-line checks for 
contamination, the return of all reprocessed birds to the main 
processing line for reinspection, and mandatory antimicrobial treatment 
of all dressed poultry. In addition, some establishments would have had 
to install adjustable inspection stands and enhanced lighting. A 
completely revised FPS, without a nonconformance element for feces, 
would have been applied to all poultry. An FSIS inspector would have 
been required to stop or slow the line upon finding any fecally 
contaminated bird. The Agency estimated the cost of the proposal to 
industry at about $7 million. Cost estimates supplied by industry 
commenters indicated costs would substantially exceed the Agency's 
estimate.
    Since the proposal was published, the Agency has adopted a 
comprehensive food safety strategy based on mandatory HACCP systems for 
meat and poultry establishments. The Pathogen Reduction/HACCP rule 
implementing this policy supersedes the July 1994 proposal. 
Accordingly, FSIS has limited this final rule to the codification of 
the zero tolerance policy for visible fecal contamination and to the 
removal of the ``feces'' nonconformance element from the poultry FPS.

Costs

    As mentioned, visible fecal contamination of poultry carcasses 
currently is addressed at postmortem inspection by off-line 
reprocessing of accidentally contaminated poultry, through pre-chill 
FPS checks, and at other times that visible fecal contamination is 
detected. FSIS estimates that the frequency of corrective actions 
required because establishments fail an FPS test due to visible fecal 
contamination nonconformances is, at most, 1 time a year per 
establishment. Normally, the presence of visible fecal contamination 
found during an FPS review is at a level such that it will cause an FPS 
failure and trigger immediate corrective action. A typical 
establishment may fail a pre-chill FPS test once a month or less 
because nonconformances other than visible fecal contamination, such as 
the presence of feathers or other dressing defects, have been observed. 
Such an establishment may fail a post-chill FPS test about six times a 
year, usually because extraneous matter is found on the carcass. Some 
establishments operate for 2 or 3 years without failing an FPS test.
    The Agency will have to shift the allocation of Federal poultry 
inspection resources during the period after this rule becomes 
effective. Upon the effective date of this rule, FSIS inspectors will 
be sampling additional birds at pre-chill to examine them for visible 
fecal contamination, a task that will require as many as 10 staff-years 
to perform. This cost can be absorbed within FSIS's current resources.
    As mentioned, this final rule removes the nonconformance element 
for ``feces'' from the current FPS for poultry and codifies the policy 
prohibiting poultry carcasses contaminated with visible feces from 
entering the chiller tank. As stated elsewhere in this preamble, this 
rule establishes a standard that is compatible with the Agency's 
Pathogen Reduction/HACCP regulations. It will take effect, however, 
before mandatory HACCP plans are implemented in most federally 
inspected poultry products establishments.
    When this final rule becomes effective, the detection of visible 
fecal contamination during the pre-chill FPS or at any other time that 
visible fecal contamination is detected on the carcasses before the 
carcasses enter the chiller will trigger corrective actions to prevent 
recurrence of the problem. The Agency foresees that initially, when 
this final rule goes into effect, there may be an increase in the 
frequency of corrective actions. Establishments may incur costs 
attributed to slowing or temporary stoppage of production lines, 
equipment adjustments, product rework, and the placing of additional 
personnel on the processing line, at a somewhat higher rate than 
previously.
    These costs are likely to result from two primary causes. First, 
following the effective date, establishments will be placing increased 
emphasis on preventing carcasses with visible fecal contamination from 
entering chiller tanks. The increased vigilance of establishment 
personnel initially may cause some production slowdowns. Second, FSIS 
inspectors will be sampling birds at an increased rate to enforce the 
zero-tolerance policy. It is possible that a prevalence level of fecal 
contamination that had not been detected previously in FPS tests will 
now be shown to occur, and that processing lines may be slowed or 
stopped more often for corrective actions to be taken.
    FSIS estimates that the industry-wide cost of stopping or slowing 
the processing line when fecal contamination is found on dressed 
poultry could be as high as $15 million during the first year this 
final rule is in effect. This estimate is derived from data submitted 
by commenters on estimated efficiency losses--including losses due to 
stopping or slowing the processing lines--that the proposed rule might 
have caused. An assumption of the commenters, which FSIS does not 
share, was that the efficiency reduction costs would recur annually.
    FSIS sees any such cost increases as short-term. Once 
establishments adjust to the new inspection procedures and adopt more 
stringent operating standards, the need for corrective action should be 
reduced, and there will be greater assurance that product entering 
chillers is free of visible fecal contamination.

Benefits

    FSIS expects the net benefits to society from this rule will be in 
the form of fewer outbreaks of foodborne disease

[[Page 5143]]

attributable to poultry products. The rule will help ensure that raw 
poultry entering chiller tanks is free of contamination that may harbor 
pathogens and, thus, that there will be less cross-contamination in the 
chiller tanks. FSIS expects that this reduced cross-contamination will 
mean that raw poultry shipped in commerce will have fewer pathogens and 
that the risk of illness due to improper handling of raw product after 
it leaves the inspected establishment will be reduced.
    The Administrator, FSIS, has determined that this final rule will 
not have a significant impact on a substantial number of small 
entities. The small entities affected by this rule are the 
approximately 220 small poultry slaughtering establishments that meet 
the Small Business Administration size standard of 500 or fewer 
employees. This is a significant number of small entities but, for 
reasons given above, costs to establishments, whether they be small or 
large entities, should not be significantly affected by this rule. 
Thus, the rule will not have a significant impact on a substantial 
number of small entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule (1) preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Requirements

    The July 13, 1994, proposed rule required paperwork and 
recordkeeping activities that would have provided FSIS with information 
to ensure that establishments were in compliance with the proposed 
regulations. As noted above, however, FSIS is withdrawing the 
provisions of the proposal that would have required such paperwork and 
recordkeeping.

List of Subjects in 9 CFR Part 381

    Poultry inspection, Poultry and poultry products.

    For the reasons discussed in the preamble, FSIS is amending part 
381 of the poultry products inspection regulations as set forth below:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    1. The authority citation for part 381 continues to read as 
follows:

    Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18, 
2.53.

Subpart I--Operating Procedures

    2. Section 381.65 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 381.65  Operations and procedures, generally.

* * * * *
    (e) Poultry carcasses contaminated with visible fecal material 
shall be prevented from entering the chilling tank.
* * * * *

Subpart K--Post Mortem Inspection; Disposition of Carcasses and 
Parts


Sec. 381.76   [Amended]

    3. Section 381.76(b)(3)(vi), Table 1--Definitions of 
Nonconformances, is amended in paragraph A-1 by removing the word 
``feces,'' by removing the end note from paragraph A-2 regarding feces, 
by removing paragraph A-8, ``Feces <gr-thn-eq>\1/8\,'' and by 
renumbering paragraphs A-9 through A-20 as A-8 through A-19.
* * * * *
    Done at Washington, DC, on Janaury 30, 1997.
Thomas J. Billy,
Administrator.
[FR Doc. 97-2736 Filed 1-30-97; 3:30 pm]
BILLING CODE 3410-DM-P