[Federal Register: November 2, 2001 (Volume 66, Number 213)]
[Proposed Rules]
[Page 55601-55603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no01-25]
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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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[[Page 55601]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 319
[Docket No. 01-018P]
Definitions and Standards of Identity or Composition: Elimination
of the Pizza Standard
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the Federal meat inspection regulations to remove the standards
of identity for ``pizza with meat'' and ``pizza with sausage.'' The
Agency has determined that these standards may be inhibiting
manufacturers of federally inspected frozen pizzas from producing and
marketing the new styles of pizzas that today's consumers demand. This
proposed rule responds to a petition submitted to the Agency by the
National Frozen Pizza Institute (NFPI).
DATES: Comments must be received on or before January 2, 2002.
ADDRESSES: Send an original and two copies of comments to:
FSIS Docket Clerk, Docket #01-018P, Room 102, Cotton Annex, 300 C
Street, SW, Washington, DC 20250-3700. Reference materials cited in
this document and any comments received will be available for public
inspection in the FSIS Docket Room from 8:30 a.m. to 4:30 p.m., Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director,
Labeling and Consumer Protection Staff, Office of Policy, Program
Development and Evaluation, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250-3700; (202) 205-0279.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 1999, NFPI petitioned FSIS to amend part 319 of the
Federal meat inspection regulations to eliminate the standards of
identity for ``pizza with meat'' and ``pizza with sausage.'' In support
of the petition, NFPI submitted data to demonstrate that the current
standards are restricting the development of new products by the frozen
pizza industry, and that consumers' expectations of what is meant by
the term ``pizza'' are broader that what is prescribed by the current
standards. In the petition, NFPI also demonstrated that, because of the
prescribed meat content and cheese requirement, the current pizza
standards restrict the frozen pizza industry from developing and
marketing products with reductions in constituents that may be of
health concern to some consumers, such as cholesterol and saturated
fat. The petition and supporting data are available for public viewing
in the FSIS docket room.
Under the Federal Meat Inspection Act (FMIA), a product is
misbranded, in part, ``if it purports to be or is represented as a food
for which a definition and standard of identity or composition has been
prescribed * * * unless * * * it conforms to such definition and
standards * * *'' (21 U.S.C. 601(n)(7)). The current standard for
``Pizza with Meat'' requires that the product consist of a bread base
with tomato sauce, cheese, and meat topping. The product must contain
cooked meat made from not less than 15 percent raw meat (9 CFR
319.600(a)). The current standard for ``Pizza with Sausage'' requires
that the product consist of a bread base with tomato sauce, cheese, and
not less than 12 percent cooked sausage or 10 percent dry sausage (9
CFR 319.600(b)). Thus, if a product subject to FSIS jurisdiction fails
to contain any of these components, its labeling can not bear the term
``pizza.''
Pizzas prepared by restaurants have not been required to meet these
prescribed standards. In fact, in support of the petition, NFPI
provided information to show that several national and regional
restaurant chains sell pizzas that do not contain the four traditional
components required by the Federal standards (i.e., meat, cheese,
tomato sauce, and bread-based crust). The information provided by the
petitioner also shows that these new styles of pizzas are popular with
consumers.
Under section 7 of the FMIA, FSIS is authorized to prescribe
definitions and standards of identity or composition to protect the
public (21 U.S.C. 607(c)). In general, standards of identity are
intended to protect consumers from economic deception, i.e., from
purchasing meat food or poultry products in which inferior ingredients
have been substituted for more valuable ones. The meat pizza and
sausage pizza standards were established several decades ago and
reflect the common understanding at that time of what a food identified
as ``meat pizza'' or ``sausage pizza'' should contain. Data submitted
by the petitioner indicate that today's consumers accept a broader
interpretation of what is expected of a product identified as
``pizza,'' and that consumer expectations are largely driven by the
restaurant and food service industries. According to information
provided by NFPI, product innovation in the food service industry has
broadened the traditional concept of pizza to the extent that consumers
understand the product to be an open-faced crust that is topped with
one or more of a variety of ingredients.
Based on the information submitted by the petitioner, FSIS agrees
that the current pizza standards may be inhibiting manufacturers of
federally inspected pizzas from producing and marketing new styles of
pizzas, including pizzas with less constituents, such as cheese or
meat, that would be more consistent with nutritional guidance (e.g.,
lower fat). Based on the data submitted by NFPI, this is what today's
consumers appear to demand. Furthermore, the Agency has determined
that, because consumer expectations of what a product identified as
``pizza'' should contain differ from what is prescribed by the current
standards, the standards no longer serve their original purpose of
protecting the public from economic deception. Therefore, the Agency is
proposing to remove these standards of identity from the regulations.
Under this proposed rule, federally inspected pizzas that are
identified as a ``meat pizza'' or ``sausage pizza'' (e.g., ``pizza with
bacon,'' ``pizza with pepperoni,'' and ``sausage and mushroom pizza'')
will be permitted to reduce their minimum meat content from 12% cooked
or 15% raw to 2% cooked or 3% raw, the level of meat
[[Page 55602]]
required for a product to be considered a meat food product and, thus,
under USDA jurisdiction. The Agency believes that if a new product
formulated with less meat or sausage, or without the other components
that are currently prescribed by the standard (i.e., cheese, sauce, and
crust), does not meet consumer expectations, consumers are not likely
to purchase the product and it will fail in the marketplace. In the
absence of regulatory standards of identity for pizzas, FSIS has
tentatively determined that required labeling features, such as the
product name, ingredients statement, and nutrition facts panel, will
provide adequate information for consumers to make informed choices
when purchasing federally inspected pizza products. In particular, the
product name would become a descriptive feature to convey to the
consumer the components of the product. FSIS requests comment on
whether the product name should be required to include the percentage
of meat or poultry in the product.
The Agency proposes to amend title 9, part 319, subpart O, by
removing and reserving section 319.600, Pizza. Removing the meat pizza
and sausage pizza standards of identity, as proposed, does not mean
that the names for these products will be completely unregulated.
Sections 317.2(c)(1) and 381.117(a) of Title 9 of the Code of Federal
Regulations require that the name of a meat or poultry product appear
on the principal display panel of the product label. Under
Secs. 317.2(c)(1) and 381.117(a), the name of the product is (1) a
standardized name, if the product purports to be or is represented as a
product for which a regulatory standard of identity or composition has
been prescribed; (2) the common or usual name of the food; or (3) if
the product has no common or usual name, a truthful, descriptive
designation.
The information submitted by NFPI evidences that, because of
innovations in the restaurant and food services industries, to most
consumers, the term ``pizza'' means an open-faced crust that is topped
with any number of a variety of ingredients. Thus, if this proposal is
issued as a final rule, and the standards of identity for meat pizza
and sausage pizza are removed, FSIS has determined that ``pizza''
represents the appropriate common or usual name for the class of
products that have been traditionally formulated with the components
currently stipulated in the standard, i.e., tomato sauce, cheese, and
meat topping, on an open faced crust. If this proposal is finalized,
products that comport with the traditional product and contain a bread-
based crust, tomato sauce, cheese, and meat or poultry, may be
identified as ``pizza'' together with the term that identifies the meat
or poultry component, e.g., ``pizza with pepperoni.'' The names for
other products purporting to be pizzas would need to be descriptively
labeled to enable consumers to distinguish them from the traditional
pizza, e.g., ``pizza--garlic sauce, tomatoes, reduced-fat cheese, and
seasoned beef strips on a crust.''
If this proposal is issued as a final rule, FSIS will eliminate or
revise its informal labeling policies related to pizza products that
contain meat or poultry. Although the regulations do not contain a
standard of identity for pizza products that contain poultry, FSIS has
treated these products as ``like products'' to pizza with meat or
sausage, and the Agency's policy has been that these products contain
at least 12% cooked poultry meat. If the standards of identity for meat
pizza and sausage pizza are removed, as proposed, the policy that
pizzas that contain poultry need to have a minimum poultry content will
also be revoked.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
It has been determined to be not significant for purposes of E.O. 12866
and therefore, has not been reviewed by the Office of Management and
Budget (OMB).
Effect on Small Entities
Removing the standards of identity for pizza will have no effects
on small entities. After the standards are eliminated, small companies
may still produce these products and identify them by a common or usual
name, or a descriptive term. Thus, if this proposal is adopted as a
final rule, small companies could continue to produce these products
and label them as a ``meat pizza'' (e.g., ``pizza with ham'') or a
``sausage pizza'' (e.g., ``pepperoni pizza''). Small companies that
choose to develop and market new styles of pizzas will incur the normal
costs of product development, production, labeling, and marketing.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposal: (1) Preempts 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. However,
the administrative procedures specified in 9 CFR 306.5 and 590.320
through 590.370 must be exhausted before any judicial challenge of the
application of the provisions of this proposed rule, if the challenge
involves any decision of an FSIS employee relating to inspection
services provided under the FMIA.
Paperwork Requirements
There are no paperwork or recordkeeping requirements associated
with this proposed rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
Public Notification and Request for Data
FSIS requests information regarding the impact of this proposed
rule on minorities, women, and persons with disabilities, including
information on the number of minority-owned meat and poultry
establishments, the makeup of establishment workforces, and the
communities served by official establishments. Public involvement in
all segments of rulemaking and policy development are important.
Consequently, in an effort to better ensure that minorities, women, and
persons with disabilities are aware of this proposed rule and are
informed about the mechanism for providing their comments, FSIS will
announce it and provide copies of this Federal Register publication in
the FSIS Constituent Update. FSIS provides a weekly FSIS Constituent
Update, which is communicated via fax to over 300 organizations and
individuals. In addition, the update is available on line through the
FSIS Web page located at http://frwebgate.access.gpo.gov/cgi-bin/
leaving.cgi?from=leavingFR.html &log=linklog&to= http://
www.fsis.usda.gov. The update is used to provide information regarding
FSIS policies, procedures, regulations, Federal Register notices, FSIS
public meetings, recalls, and any other types of information that could
affect or would be of interest to our constituents/stakeholders. The
constituent fax list consists of industry, trade, and farm groups,
consumer interest groups, allied health professionals, scientific
professionals, and other individuals that have requested to be
included. Through these various channels, FSIS is able to provide
information to a much broader, more diverse audience. For more
information and to be added to the constituent fax list, fax your
request to the Congressional and Public Affairs Office, at (202) 720-
5704.
List of Subjects in 9 CFR Part 319
Food grades and standards, Meat inspection.
[[Page 55603]]
For the reasons set out in the preamble, FSIS is proposing to amend
9 CFR part 319 as follows:
PART 319--DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450, 1901-1906; 21 U.S.C. 601-695; 7 CFR
2.17, 2.55.
2. Section 319.600 would be removed and reserved.
Done at Washington, DC, on October 30, 2001.
Margaret O'K. Glavin,
Acting Administrator.
[FR Doc. 01-27542 Filed 11-1-01; 8:45 am]
BILLING CODE 3410-DM-P