This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

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rulings, delegations of authority, filing of

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statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

5809 

Vol. 90, No. 11 

Friday, January 17, 2025 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2022–0014] 

Availability of Revised Guideline for 

Controlling Retained Water in Raw 

Meat and Poultry 

AGENCY: Food Safety and Inspection 

Service (FSIS), U.S. Department of 

Agriculture (USDA). 

ACTION: Notice of availability; response 

to comments. 

SUMMARY: FSIS is announcing updates 

to and responding to comments on its 

guideline to assist meat (including 

Siluriformes fish and fish products) and 

poultry establishments in meeting the 

regulatory requirements for calculating 

the correct retained water percentage in 

raw livestock, poultry, and Siluriformes 

fish carcasses and parts resulting from 

post-evisceration processing. FSIS is 

providing clarification based on 

arithmetic errors commonly 

encountered in protocol reviews. 

DATES: Establishments will have until 

March 3, 2025, to submit their revised 

protocols to the Risk Management and 

Innovations Staff (RMIS) via askFSIS for 

review. 

Establishments will have until 

January 1, 2026, to make any necessary 

label changes. 

The Office of Field Operations will 

start reviewing establishments’ retained 

water protocols on October 1, 2025. 

ADDRESSES: A downloadable version of 

the guideline is available at https://

www.fsis.usda.gov/policy/fsisguidelines. 

FOR FURTHER INFORMATION CONTACT: 

Rachel A. Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development, FSIS; USDA, 

Telephone: (202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 1, 2024, FSIS published a 

revised guideline to assist meat and 

poultry establishments in meeting the 

regulatory requirements found in the 

final rule ‘‘Retained Water in Raw Meat 

and Poultry Products; Poultry Chilling 

Requirements’’ (66 FR 1750), which set 

limits for water retained by raw, singleingredient, meat and poultry products 

from post-evisceration processing, such 

as carcass washing and chilling. Under 

9 CFR 441.10, raw livestock, poultry, 

and Siluriformes fish carcasses and 

parts (hereinafter, ‘‘meat and poultry 

products’’) are not permitted to retain 

water from post-evisceration processing 

unless the establishment preparing 

those carcasses and parts demonstrates 

to FSIS, with data collected in 

accordance with a written Retained 

Water Protocol (RWP) that any water 

retained is from addressing food safety 

requirements. In addition, the 

establishment is required to disclose on 

the product’s label the maximum 

percentage of retained water in the raw 

product (9 CFR 441.10(b)). The required 

labeling statement is intended to help 

consumers make informed purchasing 

decisions. 

In the Federal Register notice 

announcing the availability of the 

revised guideline (89 FR 22331), FSIS 

explained that it revised its guidance 

because it conducted a review of older 

RWPs and found that establishments 

were not correctly applying formulas 

when determining changes in total 

moisture percentage in products after 

water spray or immersion processing. 

For example, many establishments 

subtract the pre-pack moisture 

percentages from the post-evisceration 

moisture percentages to calculate the 

retained water. However, these 

percentages are represented by different 

bases (or denominators). 

After review and consideration of all 

comments, FSIS has made changes to 

and clarified certain aspects of the 

guideline. The revisions to the guideline 

are summarized below in FSIS’ 

responses to comments. The updated 

guideline is available on the FSIS 

guidance web page at: https://

www.fsis.usda.gov/policy/fsisguidelines. Although comments on this 

guideline will no longer be accepted 

through www.regulations.gov, FSIS will 

continue to update this document as 

necessary. 

The updated guideline represents the 

Agency’s current thinking on retained 

water requirements. FSIS is encouraging 

establishments that have been using the 

previous version of the guideline to 

update their RWPs following the 

recommendations in the new guideline 

to ensure their data are reproducible 

and statistically verifiable. 

Summary of Comments and Responses 

The Agency received three comments 

on the guideline from organizations 

representing the meat and poultry 

industry and one comment from an 

individual. The individual supported 

FSIS’ retained water regulations but did 

not specifically comment on the revised 

guideline. 

Use of Guidance To Clarify Retained 

Water Policy 

Comment: Two organizations 

representing the poultry industry stated 

that the changes included in the revised 

guideline are significant, and that the 

Agency should undertake rulemaking to 

propose the changes. One commenter 

stated that the revised guideline will 

impose new and additional 

requirements for establishments to 

calculate retained water amounts in 

products that substantively differ from 

FSIS’ previous requirements. The 

commenter further stated that the 

Agency should provide specific 

direction on how establishments may 

satisfy existing regulatory requirements 

other than by using the formulas for 

calculating retained water provided in 

the revised guideline. 

Response: As stated in the preface to 

the revised guideline, the document 

clarifies how establishments can meet 

requirements to collect and use data to 

demonstrate the amount of retained 

water in the product covered by the 

RWP and how to accurately label 

product to reflect the amount of water 

retained. The guidance also provides 

information on how to correctly apply 

formulas to calculated retained water. 

The contents of the document, as with 

all Agency guidance, do not have the 

force and effect of law and are not 

meant to bind the public in any way. 

The document is intended only to 

provide clarity to industry regarding 

existing requirements under the 

regulations in 9 CFR 441.10. 

The revised guideline provides 

examples of acceptable methods for 

calculating retained water, including 


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5810 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

discussion of safe harbors and common 

errors or unsupportable approaches. As 

stated in the revised guideline, 

establishments may decide to develop 

alternative methods for calculating 

retained water to demonstrate that they 

meet the regulatory requirements in 9 

CFR 441.10. 

Scope of Products and Processes 

Subject to Retained Water Labeling 

Requirements 

Comment: Three commenters 

representing the meat and poultry 

industry stated that additional 

information from FSIS is needed to 

clarify which meat and poultry products 

and production processes may be 

subject to retained water labeling 

changes based on the revised guideline. 

For example, two of these commenters 

stated that in the 2001 retained water 

final rule, FSIS stated that the 

requirements in 9 CFR 441.10 apply to 

all amenable products, including offal 

(66 FR 1750,1759). However, the 

commenters noted, the Agency later 

clarified through guidance that certain 

products are not subject to the 

requirements under 9 CFR 441.10 and, 

therefore, do not need to be covered by 

an RWP. 

Response: The 2001 final rule (66 FR 

1750) addresses which products are 

subject to 9 CFR 441.10. However, FSIS 

does note that the 2001 final rule does 

not cover which processes are subject to 

9 CFR 441.10, and that FSIS Directive 

6700.1 is the only source of that 

information. As such, FSIS is clarifying 

in this Federal Register notice and the 

guideline that the following processes 

are subject to 9 CFR 441.10: 

• Carcass washing with or without an 

antimicrobial; 

• Spray chilling carcasses, parts, 

trimmings, byproducts, bones, or other 

edible parts with or without an 

antimicrobial; 

• Water or ice chilling with or 

without an antimicrobial; 

• Post-chill spraying with or without 

an antimicrobial; and 

• Application of any aqueous 

antimicrobial or processing aid. 

FSIS further clarifies that the 

following processes are not subject to 9 

CFR 441.10: 

• Scalding or flushing gastrointestinal 

organs to remove digestive tract 

contents; 

• Flushing beef heads to remove 

digestive tract contents; and 

• Washing parts to remove excess 

blood. 

FSIS updated the guideline with this 

information. 

Comment: One commenter 

representing the meat industry 

recommended including the Agency’s 

longstanding position that product 

containing retained water at ≤ 0.49 

percent is not required to have a 

retained water label statement earlier in 

the guideline. 

Response: FSIS agrees and moved the 

statement up in the document. 

Agency Support for Revised Formula 

To Calculate Retained Water 

Percentages 

Comment: Three organizations 

representing the meat and poultry 

industry stated that, before 

implementing the revised guideline, 

FSIS should more sufficiently explain 

the reasoning behind its determination 

that the mathematical formula for 

calculating retained water percentages 

for the purposes of the regulatory 

requirements under 9 CFR 441.10 is 

incorrect. Two commenters stated that 

standard industry practice, when using 

moisture percentages instead of weights, 

is to subtract the moisture content of the 

post-evisceration sample from the 

moisture content of the pre-packaging 

sample to determine the difference and, 

therefore, the added moisture. The 

commenters noted that the Agency 

approved retained water protocols using 

this method for more than 20 years. 

One organization representing the 

poultry industry noted that the Agency 

stated in the revised guideline that the 

changes to the prior version of the 

guideline are based on the latest 

scientific information. However, the 

commenter stated, FSIS failed to explain 

that science to industry and, instead, 

only provided the revised formula. The 

commenter concluded that, for industry 

to adequately submit comments on the 

revised guideline, FSIS should explain 

what the new science is and why the 

new science supports the determination 

that the existing Agency guidance 

needed to be revised. 

Response: The updated guideline 

explains basic math. A difference in 

moisture percentages does not equal the 

amount of retained water as a 

percentage of the product weight, as 

defined in the 2001 Federal Register 

final rule (66 FR 1750). The side-by-side 

comparison in the Appendix of the 

guideline clearly demonstrates that 

subtraction grossly underrepresents the 

percentage of retained water in a 

product when compared to the 

uncontested formula used to calculate 

retained water from product weights. 

The formula provided in the guideline 

demonstrates that it provides the same 

retained water percentage as when using 

product weights. FSIS has provided an 

attachment in the guideline that goes 

through the math step-by-step. 

Differences Between Existing and 

Revised Retained Water Calculations 

Comment: Three organizations 

representing the meat and poultry 

industry stated that the new 

mathematical formula discussed in the 

revised guideline will result in 

significantly different calculated results 

in retained water percentages than the 

formula used in the Agency’s existing 

guidance. Commenters stated that these 

different results will cause confusion 

and concern for customers and industry, 

as the same product may be labeled 

with different retained water 

declarations before and after 

implementation of the revised 

guideline. One organization 

representing the poultry industry stated 

that this confusion could lead to 

consumer distrust in both industry and 

FSIS. 

One organization representing the 

poultry industry specifically stated that 

the new formulas will result in different 

retained water calculations for a variety 

of reasons unrelated to the calculation 

methodology including, but not limited 

to dwell time, antimicrobial used, pH of 

the chiller, amount of time from the 

chiller to point of pack, temperature in 

second processing, and type of chicken 

part. The commenter stated that some of 

the percentages resulting from following 

the revised guideline represent water 

retention that is physically impossible 

to achieve. 

Response: FSIS provided a formula 

that allows establishments to compare 

moisture percentages and still provide 

the same result as if they were using 

product weights. FSIS disagrees that the 

results would be physically impossible 

to achieve. If the establishment used 

product weights instead of moisture 

percentages, they would get the same 

results as when using the formula in the 

guideline. There is nothing new for 

consumers to understand. FSIS is still 

requiring establishments to provide the 

maximum amount of retained water as 

a percentage of the product weight. If 

the retained water amounts are 

different, before and after 

implementation of the revised 

guideline, the establishment previously 

used incorrect math to calculate their 

products’ retained water. Correcting this 

miscalculation is important so that 

consumers receive truthful and accurate 

information on product labels. 

Comment: Two organizations 

representing the meat and poultry 

industry stated that the dry and wet 

methods will return different results. 

One organization representing the 

poultry industry stated that industry 

findings demonstrate that using the 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 5811 

revised guideline results in values that 

increase the retained moisture 

percentage from 50% to over 400%, 

even though products were 

manufactured at the same facility using 

the same production process and 

contain a substantially similar amount 

of retained water. The commenter stated 

that the only change which accounts for 

the difference is the revised guideline 

formula, which consists of an additional 

step on top of the existing guideline. 

Response: Members of industry may 

have been underrepresenting their 

retained water percentages for as long as 

they have been using subtraction to 

calculate differences in moisture 

percentages, rather than the amount of 

retained water as a percentage of the 

product weight. FSIS published this 

guideline to help members of industry 

ensure that they are not underreporting 

retained water in the future. 

Comment: One organization 

representing the poultry industry noted 

that, in the revised guideline, FSIS 

distinguishes between the calculation of 

moisture percentage for products with 

water added incidentally due to 

processing and for products with 

solutions, including water, added 

purposefully to change the nature of the 

product. 

Response: When adding an aqueous 

solution as an ingredient, the weight of 

the added solution is known. However, 

with retained water, the amount that is 

added is an unknown. Therefore, the 

formulas to calculate added solutions as 

ingredients versus retained water are 

different. The guideline makes clear that 

it only applies to the retained water 

regulations and does not apply to the 

added solution regulations. If the 

product has added solutions, then that 

product must be labeled in accordance 

with 9 CFR 317.2(e)(2) for meat and 9 

CFR 381.117(h) for poultry. 

Comment: A member of the meat 

industry stated that if the 

establishment’s data supports that the 

product has no retained water (≤0.49 

percent), then it is not required to have 

a retained water label statement. The 

commenter said that it would be more 

useful for this information to be 

provided early in the guideline when 

outlining the scope of the document 

instead of almost halfway through as a 

note. 

Response: FSIS made the requested 

change. The Agency clarified when 

protocols are not needed earlier in the 

guideline. 

Comment: During a RWP review, a 

member of the poultry industry 

requested that FSIS change the format of 

its moisture content formula for dry 

basis to match the format of the wet 

basis formula. 

Response: FSIS made the requested 

change to improve readability. 

Validation of New Retained Water 

Formulas 

Comment: One organization 

representing the meat industry stated 

that studies should be conducted to 

validate that the calculations provided 

in the revised guideline will produce 

the same retained water percentage as 

the traditional wet weight method used 

under existing Agency guidance. The 

commenter stated that the revised 

guideline should be withdrawn to allow 

for such validation studies to be 

conducted. The commenter offered to 

partner with FSIS to conduct the studies 

and provide additional training and 

support to industry depending on the 

results. 

Response: FSIS disagrees that the 

guidance requires additional validation 

by FSIS. The guidance explains basic 

math. The math doesn’t change through 

repetitions of side-by-side comparisons. 

FSIS provided the side-by-side 

comparison in the Appendix of the 

guideline that clearly demonstrates that 

subtraction grossly underrepresents the 

percentage of retained water in a 

product when compared to the 

uncontested formula used to calculate 

retained water from product weights. 

The formula provided in the guideline 

demonstrates that it provides the same 

retained water percentage as when using 

product weights. However, FSIS 

encourages any additional industry 

validation of guidance or support that 

would facilitate accurate labeling. 

Comment: One commenter stated that, 

prior to implementing the revised 

guideline on water retention, FSIS 

should engage with consumers to fully 

understand how they interpret retained 

water statements and what those 

statements mean to end users. 

Response: Current retained water 

regulations went through rulemaking 

and provided opportunity for consumer 

comment. As explained above, the 

guideline explains basic math. FSIS 

requested comments on the updated 

guideline and met with industry groups 

after it announced the updated 

guideline. The clarifications provided in 

the revised guideline will ensure that 

establishments label their products with 

accurate, supportable retained water 

statements. 

Sample Size Calculation Disparity in 

Revised Guideline 

Comment: One organization 

representing the poultry industry stated 

that, when it used the sample size 

calculator provided on page 10 of the 

revised guideline, the organization 

produced a different sample size than 

reported in the guideline. Specifically, 

the commenter stated that, in the 

provided examples with a 6% mean 

water retention and a standard deviation 

of 3.1 percent, the calculator indicates 

that establishments would need a 

sample size of 105, as compared to the 

40 samples reported in the revised 

guideline. 

Response: FSIS acknowledges that the 

revised guideline did not include 

sufficient information regarding the 

provided calculator for establishments 

to enter the values and replicate the 

tool. The Agency updated the revised 

guideline to clarify the examples. 

Deadline To Submit Revised RWPs to 

FSIS and Compliance Date for Labeling 

Changes 

Comment: A few organizations 

representing the meat and poultry 

industry stated that the Agency’s 

announced September 30, 2024, 

deadline for establishments to submit to 

FSIS for approval any revised RWPs did 

not provide them enough time to 

develop and submit revised RWPs. 

Three organizations representing the 

meat and poultry industry also stated 

that the Agency’s announced April 1, 

2025, timeline for companies to make 

label changes in response to the revised 

guideline is inadequate. The 

commenters stated that, at a minimum, 

FSIS should follow the Agency’s 

uniform compliance date for labeling, 

under which companies would have 

until January 1, 2026, to make any 

necessary label changes. 

Response: FSIS announced in the 

August 30, 2024, Constituent Update 

that the Agency has extended the 

deadlines. The deadline for 

establishments to submit retained water 

protocols to the Agency has been moved 

to March 3, 2025. OFO will start 

reviewing RWPs on October 1, 2025. 

Meanwhile, the deadline for 

establishments to make any labeling 

changes will be the Uniform 

Compliance Date, which is January 1, 

2026. 

Trade Considerations 

Comment: One organization 

representing the poultry industry stated 

that the revised guideline could impact 

trade and the ability of domestic 

producers to export poultry products 

from the United States. 

Response: Some countries restrict 

how much retained water certain 

products can retain. However, the 

changes in this guideline do not affect 

foreign countries’ regulations. FSIS is 


KHAMMOND on DSK9W7S144PROD with NOTICES
5812 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

providing clarification based on 

arithmetic errors commonly 

encountered in protocol reviews. In 

addition, the formula FSIS uses for 

retained water using product weights 

matches that of other countries, 

including Canada and countries in the 

European Union. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this notice online through the 

FSIS web page located at: https://

www.fsis.usda.gov/wps/portal/fsis/ 

topics/regulations/federal-register . 

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to our constituents and 

stakeholders. The Constituent Update is 

available on the FSIS web page. In 

addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

https://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password-protect their 

accounts. 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and USDA civil rights 

regulations and policies, USDA, its 

Mission Areas, agencies, staff offices, 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program, political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Program information may be made 

available in languages other than 

English. Persons with disabilities who 

require alternative means of 

communication to obtain program 

information (e.g., Braille, large print, 

audiotape, American Sign Language) 

should contact the responsible Mission 

Area, agency, or staff office; the USDA 

TARGET Center at (202) 720–2600 

(voice and TTY); or the Federal Relay 

Service at (800) 877–8339. 

To file a program discrimination 

complaint, a complainant should 

complete a Form AD–3027, USDA 

Program Discrimination Complaint 

Form, which can be obtained online at 

https://www.usda.gov/forms/electronicforms, from any USDA office, by calling 

(866) 632–9992, or by writing a letter 

addressed to USDA. The letter must 

contain the complainant’s name, 

address, telephone number, and a 

written description of the alleged 

discriminatory action in sufficient detail 

to inform the Assistant Secretary for 

Civil Rights (ASCR) about the nature 

and date of an alleged civil rights 

violation. The completed AD–3027 form 

or letter must be submitted to USDA by: 

(1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; or 

(2) Fax: (833) 256–1665 or (202) 690– 

7442; or 

(3) Email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Done, at Washington, DC 

Denise Eblen, 

Administrator. 

[FR Doc. 2025–01103 Filed 1–16–25; 8:45 am] 

BILLING CODE 3410–DM–P 

COMMISSION ON CIVIL RIGHTS 

State Advisory Committees; Renewal 

AGENCY: Commission on Civil Rights. 

ACTION: Notice of renewal of the 51 State 

advisory committees charter. 

SUMMARY: The Commission on Civil 

Rights announces the charter renewal of 

the Agency’s 51 State advisory 

committees, Federal advisory 

committees in each State and the 

District of Columbia that advise the 

Commission on civil rights issues 

within their respective geographical 

jurisdiction. 

DATES: This charter renewal will take 

effect on January 30, 2025, and expires 

after two years unless otherwise 

renewed. 

FOR FURTHER INFORMATION CONTACT: 

David Mussatt, US Commission on Civil 

Rights, 230 S. Dearborn St, Suite 2120, 

Chicago, IL 60604, telephone (312) 353– 

8311, email dmussatt@usccr.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 14(a)(2)(A) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463), the Commission on Civil Rights 

(USCCR) is giving notice of the charter 

renewal that will go into effect on 

January 30, 2025, for the 51 nondiscretionary advisory committees that 

Congress mandated per 42 U.S.C. 

1975a(d). These advisory committees, 

created in each State and the District of 

Columbia, provide advice and 

recommendations to the USCCR on civil 

rights issues within their respective 

geographical jurisdiction. The advisory 

committees are composed of 

representatives of the diverse political 

perspectives of the bipartisan 

Commissioners. The diversity of the 

committees ensure the requisite range of 

views and expertise necessary to 

discharge their responsibilities. For 

more information on the advisory 

committees and to access copies of their 

reports and documents of their 

meetings, visit the USCCR advisory 

committees page on the USCCR website 

at https://www.usccr.gov/advisorycommittees. 

Dated: January 13, 2025. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2025–01080 Filed 1–16–25; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 2173] 

Establishment of a Foreign-Trade Zone 

Under the Alternative Site Framework 

in Clallam County, Washington 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a–81u), 

the Foreign-Trade Zones Board (the 

Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones 

(FTZ) Act provides for ‘‘. . . the 

establishment . . . of foreign-trade 

zones in ports of entry of the United 

States, to expedite and encourage 

foreign commerce, and for other 

purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified 

corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board adopted the 

alternative site framework (ASF) (15 

CFR 400.2(c)) as an option for the 

establishment or reorganization of 

zones; 

Whereas, the Port of Port Angeles (the 

Grantee), a Washington public agency, 

made application to the Board (B–24– 


KHAMMOND on DSK9W7S144PROD with NOTICES