[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56624-56626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se05-28]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 04-037N]
Treatment of Live Poultry Before Slaughter
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is reminding all
poultry slaughter establishments that, under the Poultry Products
Inspection Act (PPIA) and Agency regulations, live poultry must be
handled in a manner that is consistent with good commercial practices,
which means they should be treated humanely. Although there is no
specific federal humane handling and slaughter statute for poultry,
under the PPIA, poultry products are more likely to be adulterated if,
among other circumstances, they are produced from birds that have not
been treated humanely, because such birds are more likely to be bruised
or to die other than by slaughter.
FOR FURTHER INFORMATION CONTACT: Lynn Dickey, PhD, Director,
Regulations and Petitions Policy Staff, Office of Policy, Program, and
Employee Development, Food Safety and Inspection Service, Cotton Annex
Building, 300 12th Street, SW., Room 112, Washington, DC 20250-3700;
(202) 720-5627.
Comments
FSIS invites interested persons to submit comments on this notice.
Submit comments by October 28, 2005. Comments may be submitted by any
of the following methods:
Mail, including floppy disks or CD-ROM's, and hand- or
courier-delivered items: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 300 12th Street, SW.,
Room 102 Cotton Annex, Washington, DC 20250.
All submissions received must include the Agency name and docket
number 04-037N. All comments submitted in response to this notice, as
well as research and background information used by FSIS in developing
this document, will be available for public inspection in the FSIS
Docket Room at the address listed above between 8:30 a.m. and 4:30
p.m., Monday through Friday. The comments also will be posted on the
Agency's Web site at http://www.fsis.usda.gov/regulations/2004_Notices_Index/
.
SUPPLEMENTARY INFORMATION:
The Poultry Products Inspection Act (PPIA) and Implementing Regulations
FSIS considers humane methods of handling animals and humane
slaughter operations a high priority and takes seriously any violations
of applicable laws and regulations. In poultry operations, employing
humane methods of handling and slaughtering that are consistent with
good commercial practices increases the likelihood of producing
unadulterated product.
FSIS regulations describe the operating procedures that poultry
processors must follow to ensure sanitary processing, proper
inspection, and the production of poultry products that are not
adulterated. Under 9 CFR 381.71, FSIS condemns poultry showing, on ante
mortem inspection, certain diseases or conditions. Bruising is one
condition that may result in condemnation (9 CFR 381.89). Bruises are
likely to result when birds are not treated humanely.
Moreover, the PPIA (21 U.S.C. 453(g)(5)), as well as the Agency's
regulations (9 CFR 381.90), provide that carcasses of poultry showing
evidence of having died from causes other than slaughter are considered
adulterated and condemned. The regulations also require that poultry be
slaughtered in accordance with good commercial practices, in a manner
that results in thorough bleeding of the poultry carcass, and ensures
that breathing has stopped before scalding so that the birds do not
drown (9 CFR 381.65(b)). Compliance with these requirements helps
ensure that poultry are treated humanely.
The Reason FSIS Is Issuing This Notice at This Time
FSIS is issuing this notice because there has been considerable
congressional and public interest in the humane treatment of animals,
including poultry. As FSIS explained in the September 9, 2004, Federal
Register, in recent years, Congress has taken various actions to
strengthen USDA's resources and to ensure that FSIS enforces the
statutory provisions concerning the humane handling and slaughter of
livestock (69 FR 54625). In addition, the U.S. Department of
Agriculture has received several letters from members of Congress
expressing concerns regarding the humane treatment of poultry and
supporting legislation to include provisions for the humane treatment
of poultry in the Humane Methods of Slaughter Act (HMSA). The HMSA of
1978 (7 U.S.C.1901 et seq.) requires that humane methods be used for
handling
[[Page 56625]]
and slaughtering livestock but does not include comparable provisions
concerning the handling and slaughter of poultry.
In the September 9, 2004, Federal Register, FSIS also explained
that, in addition to this congressional interest, FSIS has received
over 20,000 letters from the public (individuals, consumer
organizations, and animal welfare organizations) over the last few
years expressing concerns regarding the humane treatment of livestock
(69 FR 54626). Some of these letters also expressed concerns regarding
the humane treatment of poultry. In addition, the U.S. Department of
Agriculture has received nearly 13,000 e-mail messages supporting
legislation to include provisions for the humane treatment of poultry
in the HMSA.
Finally, FSIS received a petition from the Animal Legal Defense
Fund, dated November 21, 1995, requesting that FSIS amend the Federal
poultry products inspection regulations to require humane standards of
slaughter for poultry. FSIS denied the petition because, as is
explained above, there is no specific federal humane handling and
slaughter statute for poultry. However, as is also explained above, the
PPIA and Agency regulations do require that live poultry be handled in
a manner that is consistent with good commercial practices, and that
they not die from causes other than slaughter.
Undesirable Consequences of Not Handling Poultry in Accordance With
Good Commercial Practices
The abuse of poultry by killing them by an unacceptable method or
by treating them in a manner that is not consistent with good
commercial practices may render the poultry product adulterated and,
hence, not acceptable for human food. The dead birds are considered to
be cadavers (carcasses of poultry showing evidence of having died from
causes other than slaughter) and are condemned. These carcasses are not
of good quality, are undesirable, and are of no profitable advantage to
establishments, as they are not marketable and could not be sold. In
contrast, the use of good commercial practices tends to produce poultry
that is processed according to federal requirements, and that is
wholesome and marketable.
It is a prohibited act to slaughter poultry in any way that is not
in compliance with the PPIA (21 U.S.C. 458(a)(1)). If birds hung on the
slaughter line expire prior to slaughter due to mishandling, or are
being killed in a manner that does not comply with good commercial
practices, the resultant product is adulterated under the PPIA.
FSIS Perspective on the Treatment of Poultry
Many poultry operations may not be aware of industry guidelines
pertaining to the treatment of poultry at slaughter. FSIS has included
a list of references at the end of this notice that may assist poultry
slaughter establishments in considering means of assessing or improving
their handling and slaughter procedures. One method poultry operations
may wish to examine is a systematic approach to ensuring that poultry
is handled and slaughtered in a manner that is consistent with good
commercial practices. By a ``systematic approach,'' FSIS means one in
which establishments focus on treating poultry in such a manner as to
minimize excitement, discomfort, and accidental injury the entire time
that live poultry is held in connection with slaughter. Establishments
can achieve such an approach by:
(1) Assessing under what circumstances poultry may experience
excitement, discomfort, or accidental injury while being handled in
connection with slaughter;
(2) Taking steps to minimize the possibility of such excitement,
discomfort, and accidental injury; and
(3) Evaluating periodically how poultry are being handled and
slaughtered to ensure (a) that any excitement, discomfort, or
accidental injury is being minimized; (b) that all poultry are
slaughtered in a manner that results in thorough bleeding of the
poultry carcass; and (c) that breathing has stopped before scalding.
In the first step of a systematic approach, establishments conduct
an assessment of where handling problems may occur. They would consider
such factors as (1) whether they are providing training for their
employees in handling live poultry, (2) whether feed and water
withdrawal is kept to the minimum level consistent with good processing
practices, (3) whether they have appropriately designed and maintained
facilities for bird delivery to the establishment, (4) whether holding
areas are equipped with an adequate number of fans to ensure proper
ventilation for birds, (5) whether stunning equipment (if applicable)
and killing equipment are constantly monitored to ensure proper
functioning for humane processing, (6) whether all poultry are dead
before entering the scalder, and (7) whether establishment personnel
and equipment handle poultry in a manner that minimizes broken legs and
wings. These factors are based on information provided in the National
Chicken Council Animal Welfare Guidelines and Audit Checklist, which is
included in the list of references at the end of this notice.
As a second step of a systematic approach, establishments determine
whether their facilities are designed and maintained to prevent
excitement, discomfort, and accidental injury to poultry the entire
time that live poultry is held in connection with slaughter.
In the third step, establishments periodically evaluate their
handling methods to ensure that their employees are in fact minimizing
excitement, discomfort, or accidental injury to live poultry, that
their methods ensure all poultry are slaughtered in a manner that
results in thorough bleeding of the carcass, and that their methods
ensure poultry breathing has stopped before scalding.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this notice, FSIS will announce it on-line
through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2005_Notices_Index/.
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, recalls, and other types of information that could
affect or would be of interest to constituents and stakeholders. The
update is communicated via Listserv, a free e-mail subscription service
consisting of industry, trade, and farm groups, consumer interest
groups, allied health professionals, scientific professionals, and
other individuals who have requested to be included. The update also is
available on the FSIS Web page. Through Listserv and the Web page, FSIS
is able to provide information to a much broader, more diverse
audience.
In addition, FSIS offers an electronic mail subscription service
that provides an automatic and customized notification when popular
pages are updated, including Federal Register publications and related
documents. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/
and allows FSIS customers to sign up
for subscription options in eight categories. Options range from
recalls to export information to regulations, directives and notices.
[[Page 56626]]
Customers can add or delete subscriptions themselves and have the
option to password protect their accounts.
References
The following sources are available for review in the FSIS Docket
Room, Cotton Annex, 300 12th Street, SW., Room 102, Washington, DC
20250 between 8:30 a.m. and 4 p.m., Monday through Friday.
Food Marketing Institute/National Council of Chain Restaurants
Animal Welfare Audit Program. Information about the program is
available at http://www.awaudit.org/.
National Chicken Council Animal Welfare Guidelines and Audit
Checklist. Available at http://www.nationalchickencouncil.com/.
Thaler, A.M., ``The United States Perspective Towards Poultry
Slaughter.'' Poultry Science. February 1999. v. 78 (2), p. 298-301.
Done at Washington, DC on September 23, 2005.
Barbara J. Masters,
Administrator.
[FR Doc. 05-19378 Filed 9-27-05; 8:45 am]
BILLING CODE 3410-DM-P