[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63471-63473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31178]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / 
Proposed Rules

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 70

[Docket No. PY-97-004]


Voluntary Poultry and Rabbit Grading Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend the 
regulations governing the voluntary poultry and rabbit grading 
programs. The proposed revisions would simplify the definition about 
feathers on poultry, provide an alternative grademark for poultry and 
rabbit products, provide for the use of a ``Prepared From'' grademark 
to officially identify specialized products that originate from 
officially graded poultry, change the sample plan used by graders, and 
increase the lighting intensity required at grading stations. From time 
to time, sections in the regulations are affected by changes in poultry 
processing technology. This rule updates the regulations to reflect 
these changes.

DATES: Comments must be received on or before January 30, 1998.

ADDRESSES: Send written comments to Douglas C. Bailey, Chief, 
Standardization Branch, Poultry Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Stop 0259, 1400 Independence 
Avenue, SW, Washington, D.C. 20250-0259. Comments received may be 
reviewed at this location between 8:00 a.m. and 4:30 p.m., Eastern 
Time, Monday through Friday, except holidays. State that your comments 
refer to Docket No. PY-97-004.

FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch, 
202-720-3271.

SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be 
not significant for purposes of Executive Order 12866 and has not been 
reviewed by the Office of Management and Budget (OMB).
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on small entities as defined in the RFA (5 U.S.C. 601). There 
are some 200 plants using the Agency's voluntary poultry grading 
services and many of them are small entities.
    The definition Free from protruding pinfeathers, diminutive 
feathers, or hairs would be simplified by removing the words 
``pinfeathers'' and ``diminutive,'' words no longer commonly used when 
discussing feathers and poultry quality. Additionally, in the 
definition for Ready-to-cook poultry, the word ``pinfeathers'' would be 
changed to ``feathers.'' These changes merely reflect current practices 
and should not have any additional economic impact on entities using 
voluntary poultry grading services.
    One proposal would allow poultry and rabbit processors to use a 
shield displayed in three colors as an alternative form of the USDA 
grademark to officially identify USDA graded products. Similarly, 
another proposal would allow producers of products originating from A 
quality poultry, for which there are no U.S. grade standards, to use a 
``Prepared From'' grademark on packaging materials. These proposals 
would give processors greater flexibility in packaging and marketing 
their products. Since it is at the processors' discretion to use these 
proposals, any economic impact caused by these proposals will be by the 
choice of the processors.
    Changing the sampling plan would enable graders to select a more 
representative sample upon which to base grading decisions. The 
economic impact should be no greater than under the current sampling 
plan. Increasing the lighting intensity required at grading stations 
would enhance the grader's ability to visually evaluate products. Both 
proposals would provide processors with fairer, more accurate 
evaluations. Better lighting could also help avoid the economic burden 
of reprocessing product or diverting product unnecessarily downgraded 
because of inadequate lighting. The costs, if any, for increasing the 
lighting intensity should be minor.

    For the above reasons, the Agency has certified that this action 
would have no economic impact on small entities.

Background and Proposed Changes

    Poultry and rabbit grading are voluntary programs provided under 
the Agricultural Marketing Act of 1946, as amended, and are offered on 
a fee-for-service basis. They are designed to assist the orderly 
marketing of poultry and rabbits by providing for the official 
certification of quality, quantity, class, temperature, packaging, and 
other factors. Changing processing technology requires that the 
regulations governing poultry and rabbit grading be updated.
    Freedom from feathers is one of the factors considered in poultry 
grading. The definition Free from protruding pinfeathers, diminutive 
feathers, or hairs (Sec. 70.1) would be revised by removing the words 
``pinfeathers'' and ``diminutive.'' These words are no longer commonly 
used when discussing feathers and poultry quality. Nor are they needed 
to achieve the quality standards set by the regulations. To be 
consistent, in the definition Ready-to-cook poultry, the word 
``pinfeathers'' would be changed to ``feathers.''
    The Agency is proposing to permit the use of alternative grademarks 
(Sec. 70.51) so processors can have additional flexibility in packaging 
and marketing their products. Processors wanting to use a USDA 
grademark to identify their consumer-pack USDA graded poultry and 
rabbit products would have the option of using the current grademark or 
a proposed grademark containing horizontal bands of three colors. 
Processors who use USDA Grade A poultry to produce specialized poultry 
products, for which there are no U.S. grade standards, would be 
permitted to use a ``Prepared From'' grademark on the specialized 
products. The proposal would also reorganize the section for clarity.

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    The regulations contain a sampling plan to guide graders when they 
select samples upon which to base grading decisions (Sec. 70.80(b)). 
The sampling plan would be changed so that the sample size more closely 
reflects the size of the lot being sampled, thereby fostering a more 
representative sample of each lot.
    The regulations also specify the lighting intensity required at 
grading stations in the processing plants (Sec. 70.110). The lighting 
intensity would be increased from 50-foot candles to 100-foot candles 
to improve the graders ability to visually evaluate the products being 
graded. This is the same intensity required by USDA's Food Safety and 
Inspection Service at all of their inspection stations.
    Effective December 4, 1995, the voluntary U.S. grade standards were 
removed from the Code of Federal Regulations (CFR) as part of the 
National Performance Review program to eliminate unnecessary 
regulations and to improve those that remain in force. The voluntary 
standards will continue to be administered by AMS and will maintain 
their existing numbering system. Hence the voluntary poultry and rabbit 
grade standards are referred to as AMS 70.200 et seq. and AMS 70.300 et 
seq., respectively.

List of Subjects in 7 CFR Part 70

    Food grades and standards, Food labeling, Poultry and poultry 
products, Rabbits and rabbit products, Reporting and recordkeeping 
requirements.

    Accordingly, under the authority of Title 7, Chapter I, it is 
proposed that 7 CFR part 70 be amended as follows:

PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS

    1. The heading for part 70 is revised to read as set forth above.
    1a. The authority citation for part 70 continues to read as 
follows:

    Authority: 7 U.S.C. 1621-1627.

    2. In Sec. 70.1, the definition for Ready-to-cook poultry is 
amended by removing the word ``pinfeathers'' and adding in its place 
the word ``feathers'' and the definition for Free from protruding 
pinfeathers, diminutive feathers, or hairs is revised to read as 
follows:


Sec. 70.1  Definitions.

* * * * *
    Free from protruding feathers or hairs means that a poultry 
carcass, part, or poultry product with the skin on is free from 
protruding feathers or hairs which are visible to a grader during an 
examination at normal operating speeds. However, a poultry carcass, 
part, or poultry product may be considered as being free from 
protruding feathers or hairs if it has a generally clean appearance and 
if not more than an occasional protruding feather or hair is evidenced 
during a more careful examination.
* * * * *
    3. Section 70.51 would be revised to read as follows:


Sec. 70.51  Form of grademark and information required.

    (a) Form of official identification symbol and grademark. (1) The 
shield set forth in Figure 1 of this section shall be the official 
identification symbol for purposes of this part and when used, 
imitated, or simulated in any manner in connection with poultry or 
rabbits, shall be deemed prima facia to constitute a representation 
that the product has been officially graded for the purposes of 
Sec. 70.2.
    (2) Except as otherwise authorized, the grademark permitted to be 
used to officially identify USDA consumer-graded poultry and rabbit 
products shall be of the form and design indicated in Figures 2 through 
4 of this section. The shield shall be of sufficient size so that the 
printing and other information contained therein is legible and in 
approximately the same proportion as shown in these figures.
    (3) The ``Prepared From'' grademark in Figure 5 of this section may 
be used to identify specialized poultry products for which there are no 
official U.S. grade standards, provided that these products are 
approved by the Agency and are prepared from U.S. Consumer Grade A 
poultry carcasses, parts, or other products that comply with the 
requirements of AMS Sec. 70.220. All poultry products shall be 
processed and labeled in accordance with 9 CFR part 381.
    (b) Information required on grademark. (1) Except as otherwise 
authorized by the Administrator, each grademark used shall include the 
letters ``USDA'' and the U.S. grade of the product it identifies, such 
as ``A Grade,'' as shown in Figure 2 of this section. Such information 
shall be printed with the shield and the wording within the shield in 
contrasting colors in a manner such that the design is legible and 
conspicuous on the material upon which it is printed.
    (2) Except as otherwise authorized, the bands of the shield in 
Figure 4 of this section shall be displayed in three colors, with the 
color of the top, middle, and bottom bands being blue, white, and red, 
respectively.
    (3) The ``Prepared From'' grademark in Figure 5 of this section may 
be any one of the designs shown in Figures 2 through 4 of this section. 
The text outside the shield shall be conspicuous, legible, and in 
approximately the same proportion and close proximity to the shield as 
shown in Figure 5 of this section.
    (c) Products that may be individually grade marked. The grademarks 
set forth in Figures 2 through 4 of this section may be applied 
individually to ready-to-cook poultry, rabbits, and specified poultry 
food products for which consumer grades are provided in the U.S. 
Classes, Standards, and Grades for Poultry and Rabbits, AMS 
Secs. 70.200 and 70.300 et seq., respectively, or to the containers in 
which such products are enclosed for the purpose of display and sale to 
household consumers, only when such products qualify for the particular 
grade indicated in accordance with the consumer grades.

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    4. In Sec. 70.80, the table would be revised to read as follows:


Sec. 70.80  General.

* * * * *

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             Containers in lot                  Containers in sample    
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1-4.......................................  All.                        
5-50......................................  4                           
51-100....................................  5                           
101-200...................................  6                           
201-400...................................  7                           
401-600...................................  8                           
For each additional 100 containers, or      Include one additional      
 fraction thereof, in excess of 600          container.                 
 containers.                                                            
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    5. In Sec. 70.110, paragraph (b) would be revised to read as 
follows:


Sec. 70.110  Requirements for sanitation, facilities, and operating 
procedures in official plants.

* * * * *
    (b) With respect to grading services, there shall be a minimum of 
100-foot candles of light intensity at grading stations; and acceptable 
means, when necessary, of maintaining control and identity of products 
segregated for quality, class, condition, weight, lot, or any other 
factor which may be used to distinguish one type of product from 
another.

    Dated: November 20, 1997.
Thomas A. O'Brien,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 97-31178 Filed 11-28-97; 8:45 am]
BILLING CODE 3410-02-P