[Federal Register: May 26, 2005 (Volume 70, Number 101)]
[Rules and Regulations]
[Page 30331-30334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my05-2]
[[Page 30331]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 417
[Docket No. 04-042N]
HACCP Plan Reassessment for Mechanically Tenderized Beef Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Compliance with the HACCP system regulations and request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is publishing
this notice to inform establishments that produce mechanically
tenderized beef products that their next annual HACCP plan reassessment
for these products must take into account the fact that there have been
three relatively recent Escherichia coli (E. coli) O157:H7 outbreaks
associated with consumption of mechanically tenderized beef. This
requirement applies to HACCP plan reassessments for raw and cooked
mechanically tenderized beef products, including such products that are
injected with marinade (or ``enhanced'' products). One outbreak that
was associated with consumption of mechanically tenderized beef
occurred in August 2000, one in June 2003, and one in August 2004.
The occurrence of these outbreaks represents a change that would
affect the hazard analysis and could alter the HACCP plans of
establishments that produce mechanically tenderized beef products.
Therefore, establishments that produce such products should consider
the significance of the outbreaks and ensure that their HACCP plans
adequately address relevant biological hazards, particularly E. coli
O157:H7. If an establishment that produces mechanically tenderized beef
products has already considered the significance of the three outbreaks
as part of a HACCP plan reassessment, it need not repeat this effort.
An establishment that has already conducted its 2005 reassessment for
mechanically tenderized beef products and has not yet considered the
significance of the three outbreaks as part of a HACCP plan
reassessment should do so as part of its 2006 annual HACCP plan
reassessment. FSIS invites comments on this notice.
DATES: The Agency must receive comments by July 25, 2005.
ADDRESSES: FSIS invites interested persons to submit comments on this
notice. 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 04-042N.
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_&_policies/2005_Notices_Index/index.asp
.
FOR FURTHER INFORMATION CONTACT: Lynn Dickey, Director, Regulations and
Petitions Policy Staff, Office of Policy, Program, and Employee
Development, FSIS, U.S. Department of Agriculture, 1400 Independence
Avenue, SW., Room 405, Cotton Annex, Washington, DC 20250-3700, (202)
720-5627.
SUPPLEMENTARY INFORMATION:
Background
FSIS administers a regulatory program under the Federal Meat
Inspection Act (FMIA) (21 U.S.C. 601 et seq.) to protect the health and
welfare of consumers by preventing the distribution in commerce of meat
products that are adulterated or misbranded. In pursuit of its goal of
reducing the risk of foodborne illness from meat products to the
maximum extent possible, FSIS issued final regulations on July 25,
1996, that mandated the development and implementation of Pathogen
Reduction and Hazard Analysis and Critical Control Point (HACCP)
Systems by federally inspected establishments (61 FR 38806). These
regulations require that federally inspected establishments take
preventive and corrective measures at each stage of the food production
process where food safety hazards occur. The HACCP regulations (9 CFR
417.2(a)) require establishments to conduct a hazard analysis to
determine what food safety hazards are reasonably likely to occur in
the production process of particular products and to identify the
preventive measures that the establishment can apply to control those
hazards.
Section 417.2(a)(1) of the HACCP regulations states that a food
safety hazard that is reasonably likely to occur is one for which a
prudent establishment would establish control measures because the
hazard historically has occurred, or because there is a reasonable
possibility that it will occur in the particular type of product being
processed, in the absence of those controls. Whenever a hazard analysis
reveals that one or more hazards are reasonably likely to occur in the
production process, the regulations require that the establishment
develop and implement a written HACCP plan that includes specific
control measures for each hazard identified (9 CFR 417.2(b)(1) and
(c)).
Section 417.4(a)(3) of the regulations requires that every
establishment reassess the adequacy of its HACCP plan at least annually
and whenever any changes occur that could affect the hazard analysis or
alter the HACCP plan. Because the outbreaks discussed in this notice
are the first known outbreaks associated with consumption of
mechanically tenderized beef products, and because there have been
three outbreaks, the occurrence of these E. coli O157:H7 outbreaks is a
change that could affect the hazard analysis or alter the HACCP plans
for such products.
FSIS' Actions To Address E. coli O157:H7
In 1994, FSIS notified the public that raw ground beef products
contaminated with E. coli O157:H7 are adulterated within the meaning of
the FMIA (21 U.S.C. 601(m)(1)) unless the ground beef is further
processed to destroy this pathogen. The public health risk presented by
beef products contaminated with E. coli O157:H7 is not limited,
however, to raw ground beef products. In the January 19, 1999, Federal
Register, FSIS explained that if non-intact beef products, including
beef that has been mechanically tenderized by needling or cubing, are
found to be contaminated with E. coli O157:H7, they must be processed
into ready-to-eat product, or they would be deemed to be adulterated
(64 FR 2803).
In the October 7, 2002, Federal Register, FSIS informed
manufacturers of raw beef products, including manufacturers of
mechanically tenderized raw beef products, that they were required to
reassess their HACCP plans, in light of certain scientific data on E.
coli O157:H7, to determine whether E. coli O157:H7 contamination was a
hazard reasonably likely to occur in their production process (67 FR
62325). The data discussed in that Federal Register provided evidence
that E. coli O157:H7 was more prevalent than was thought before the
data became available, and that this pathogen may be a hazard
reasonably likely to
[[Page 30332]]
occur at all stages of handling raw beef products (67 FR 62328).
Although FSIS previously informed establishments producing
mechanically tenderized raw beef products that they were required to
reassess their HACCP plans based on the availability of specific
scientific data related to the prevalence of E. coli O157:H7, only one
outbreak (the 2000 outbreak discussed below) associated with such
product had occurred at the time these establishments conducted their
HACCP plan reassessments. In addition, FSIS has not previously required
establishments that produce cooked mechanically tenderized beef
products to reassess their HACCP plans to ensure that these HACCP plans
adequately address biological hazards, particularly E. coli O157:H7.
E. coli O157:H7 Outbreaks Associated With Mechanically Tenderized Beef
In August 2004, the Colorado Department of Public Health and
Environment (CDPHE) confirmed by culture tests four E. coli O157:H7
cases with matching Pulse-Field Gel Electrophoresis (PFGE) patterns in
the Denver, Colorado, metropolitan area. The CDPHE determined that the
individuals who became ill in this outbreak ate a tenderized, marinated
beef steak product at four separate locations of a national restaurant
chain. The CDPHE conducted an age and sex-matched case-control study
that showed that consumption of this particular steak product was the
only commonality of those who became ill. Although the CDPHE did not
test product for E. coli O157:H7, the case-control study provided
strong evidence that consumption of this product was associated with
the outbreak. The producing establishment voluntarily recalled
approximately 406,000 pounds of product. Information on this recall can
be found on the FSIS web page (http://www.fsis.usda.gov), through the
``FSIS Recalls'' link, under recall case number 033-2004.
In June 2003, State health departments confirmed by culture tests
eleven E. coli O157:H7 cases in five States: Seven cases in Minnesota,
one case in Michigan, one case in Kansas, one case in Iowa, and one
case in North Dakota. The cases were a two-enzyme PFGE pattern match.
Based on the food intake histories of the persons who became ill, the
State health departments epidemiologically linked all cases to a
tenderized beef steak product (a boneless beef filet bacon-wrapped
steak product injected with marinade). The Michigan Department of
Agriculture Laboratory analyzed one sample of product associated with
the outbreak and found it positive for E. coli O157:H7. The Minnesota
Departments of Agriculture and Health Laboratories analyzed five
samples of the product associated with the outbreak and found them
positive for E. coli O157:H7. The product samples analyzed matched the
two-enzyme PFGE pattern of the outbreak cases. The food histories of
the persons who became ill, and the fact that the PFGE patterns in the
product samples analyzed matched the outbreak cases, provided strong
evidence that consumption of the tenderized steak product was
associated with the outbreak.
At the time of the outbreak, the establishment that produced the
tenderized beef steak product was thoroughly breaking down, cleaning,
and sanitizing its injectors only once per week. The establishment
subsequently documented a revised plan in its Sanitation Standard
Operating Procedures (SOPs) to break down, clean, and sanitize its
injection needles, tenderizing needles, and associated processing
equipment on a daily basis. Also, after changing its Sanitation SOPs,
the establishment incorporated in its production process an
antimicrobial treatment of the product prior to the tenderizing and
marinating process.
The establishment that had produced the product linked to the 2003
outbreak voluntarily recalled approximately 739,000 pounds of product.
Information on this recall can be found on the FSIS web page (http://www.fsis.usda.gov
), through the ``FSIS Recalls'' link, under recall
case number 028-2003.
From information obtained from the Centers for Disease Control and
Prevention and State health departments, FSIS identified another
outbreak that was associated with the consumption of mechanically
tenderized steaks. In August 2000, the Michigan Department of Community
Health (MDCH) laboratory identified two human isolates of a distinct
strain of E. coli O157:H7 with matching PFGE patterns. This strain had
not been previously found in Michigan.
Local health departments obtained case histories from both of the
persons who had become ill. The only similar possible exposure to the
pathogen for the two individuals was a steak meal consumed by each on
August 12, 2000, at different locations of a local restaurant
steakhouse chain. Each individual had eaten a sirloin steak cooked to
order with a red or pink center. The sirloin steaks were needle
tenderized. The investigation of this matter suggested that the sirloin
steak eaten by each person was likely the common source of the distinct
strain of E. coli O157:H7 associated with these individuals' illnesses.
The fact that both of the ill persons consumed an identical restaurant
meal on the same day and had the onset of symptoms on the same date
indicated that consumption of the tenderized beef steak product was
associated with the illnesses. As a result of this investigation, the
supplier of the steaks agreed to procedural changes in its operations,
including sanitizing the needle-piercing machine used and testing its
beef for E. coli O157:H7.
Reassessment in Response to Outbreaks
The E. coli O157:H7 outbreaks discussed above that were associated
with consumption of mechanically tenderized beef products are events
that could alter the hazard analysis, and ultimately the HACCP plan, of
any establishment that produces mechanically tenderized beef products.
Therefore, as part of their next annual HACCP plan reassessment for
such products, establishments that produce raw or cooked mechanically
tenderized beef products (with or without marinade), hereafter referred
to as mechanically tenderized beef products, must take into account the
E. coli O157:H7 outbreaks discussed above to determine whether their
HACCP plans for these products adequately address biological hazards,
particularly E. coli O157:H7. Establishments that produce mechanically
tenderized beef products that have already taken these three outbreaks
into account in a HACCP plan reassessment for these products are not
required to consider these outbreaks in their next annual HACCP plan
reassessment, provided the establishments have evidence of their
reassessment in their hazard analysis or HACCP plans, or a record of
reassessment, and make this evidence available to FSIS inspection
program personnel.
When conducting a reassessment that takes these outbreaks into
account to determine whether HACCP plans for mechanically tenderized
beef products adequately address biological hazards, E. coli O157:H7 in
particular, establishments may need to evaluate the adequacy of any E.
coli O157:H7 interventions applied to the products' source materials.
If they have not already done so, establishments producing mechanically
tenderized beef products may wish to consider implementing purchase
specifications that require that incoming product has been treated to
eliminate or reduce E. coli O157:H7 to an undetectable level. If
establishments producing mechanically tenderized beef products require
their
[[Page 30333]]
suppliers to meet such purchase specifications, they should also ensure
that their suppliers actually meet these purchase specifications.
Establishments could incorporate such purchase specifications in their
HACCP plans, in their Sanitation SOPs, which FSIS has recognized as
prerequisites for HACCP, or in other prerequisite programs.
Establishments producing mechanically tenderized beef products
might also consider applying an allowed antimicrobial agent to the
surface of the product prior to processing or tenderization. FSIS has
made available on its web site a document entitled, ``Guidance on
Ingredients and Sources of Radiation Used to Reduce Microorganisms on
Carcasses, Ground Beef, and Beef Trimmings.'' This document provides
guidance on the use of antimicrobials on beef products. A link to the
document is found with the October 7, 2002, Federal Register notice
entitled, ``E. coli O157:H7 Contamination of Beef Products,'' on the
``Interim and Final Rules'' page of FSIS' web site http://www.fsis.usda.gov/Regulations_&_Policies/2002_Interim_&_Final_Rules_Index/index.asp
.
When conducting their reassessment, establishments producing
mechanically tenderized beef products should consider the number of
times tenderizers pass through the product. In addition, they should
evaluate the adequacy of their sanitation procedures for mechanical
tenderizers, including needles, and for associated processing
equipment, including reservoirs and piping associated with the
tenderizing and enhancing operations. Because tenderizers pass through
the product, they may introduce biological hazards, including E. coli
O157:H7, into the interior of the product. Therefore, sanitation
procedures are particularly important in the production of mechanically
tenderized beef products. Thus, Sanitation SOPs, other prerequisite
programs, or HACCP plans should address procedures that ensure that all
mechanical tenderizers and associated processing equipment are cleaned
on a regular basis to minimize the potential for translocating E. coli
O157:H7 from the exterior surface of the product to the interior and to
minimize the potential for cross contamination within and among lots of
production.
Establishments producing raw, mechanically tenderized beef products
might also consider including cooking instructions, in addition to
required safe handling instructions (e.g., cook to at least 140 degrees
F), on packages of raw, mechanically tenderized beef products, or other
labeling, to ensure that these products are cooked adequately to
destroy E. coli O157:H7, should it be present. Such cooking
instructions, or other labeling, however, cannot serve as a control or
critical control point (CCP) to address E. coli O157:H7 in the
production process of raw, mechanically tenderized beef products.
FSIS itself is considering requiring that raw, mechanically
tenderized products be labeled to indicate that they have undergone
mechanical tenderization, that the product is non-intact, and that it
should be cooked to an adequate internal temperature to destroy any
pathogens that may have been translocated from the surface of the
product to the interior. Although the Federal meat and poultry products
inspection regulations require that any marinade injected in a product
be listed as an ingredient on the product's label, they do not require
that product be labeled to indicate that it has been mechanically
tenderized, and it is not possible to discern visually whether product
has been mechanically tenderized.
Finally, establishments producing cooked mechanically tenderized
beef products may need to consider whether their cooking procedures are
adequate to destroy E. coli O157:H7, should it be present. Information
on a study concerning the effects of cooking on E. coli O157:H7 in
blade tenderized steaks is included in the following section of this
document.
This section also includes information on published studies
concerning bacteria other than E. coli O157:H7 in the interior of
mechanically tenderized beef. In addition, it provides information on
guidelines developed by industry associations regarding pathogen
control in mechanically tenderized and enhanced beef products.
Research and Guidance on the Production of Mechanically Tenderized Beef
Products
FSIS asked the National Advisory Committee on Microbiological
Criteria for Foods (NACMCF) to answer several questions with regard to
E. coli O157:H7 in mechanically tenderized beef. NACMCF met on August
3, 2001, and January 23, 2002, to discuss these questions. A report on
NACMCF's responses to FSIS'' questions is available on the Internet at
http://www.fsis.usda.gov/OPHS/NACMCF/2002/rep_blade1.htm. The report
is entitled, ``Escherichia coli O157:H7 in Blade-tenderized, Non-intact
Beef'' (updated September 9, 2002).
FSIS asked NACMCF whether non-intact, blade tenderized beef steaks
present a greater risk to consumers from E. coli O157:H7 compared to
intact beef steaks, if prepared similarly to intact beef steaks. Based
on information from a Master's thesis (Sporing, 1999), NACMCF concluded
that non-intact, blade tenderized beef steaks do not present a greater
risk to consumers from E. coli O157:H7 than intact beef steaks if the
blade tenderized beef steak is oven broiled and cooked to an internal
temperature of 140 degrees F or above. However, NACMF concluded that
blade tenderized beef steaks present a greater risk from E. coli
O157:H7 than intact beef steaks, particularly to immuno-compromised
individuals, when served very rare with cold spots (less than 120
degrees F internal temperature).
FSIS also asked NACMCF whether non-intact, blade tenderized beef
roasts present a greater risk to consumers from E. coli O157:H7
compared to intact beef roasts, if prepared similarly to intact beef
roasts. NACMCF concluded that there were insufficient data to answer
this question adequately.
Finally, FSIS asked NACMCF whether available evidence supports the
need for a labeling requirement to distinguish between intact and non-
intact products in order to enhance public health protection. Again,
NACMCF concluded that there were insufficient data to make a response
to this question at the time the committee met. The NACMCF report lists
research needs at the end of the document.
Participants at the 2004 Conference of Food Protection discussed
the handling of blade tenderized steaks at retail facilities and
restaurants. Participants discussed the fact that blade tenderized
products typically are not labeled to indicate that the products have
been tenderized. They considered data from the Master's thesis that
NACMCF reviewed (Sporing, 1999). These data showed that 3 to 4 percent
of the surface bacterial load of blade tenderized beef steaks is
transferred to the interior of the product. According to the thesis,
among three methods of preparation--oven cooking, commercial grilling,
and skillet cooking--skillet cooking provided the least effective and
most variable reduction in E. coli O157:H7.
Participants in the 2004 Conference for Food Protection recommended
that the Food and Drug Administration (FDA) and USDA work together to
develop guidance for retail facilities and restaurants on the safe
cooking of blade tenderized steaks and other non-intact steaks. The
participants recommended that this guidance be included in the Annex of
the Food Code, and that FDA and USDA submit this guidance at the 2006
Conference for Food Protection.
[[Page 30334]]
FDA and USDA intend to prepare this guidance.
Several articles in peer-reviewed journals discuss studies on the
penetration of bacteria other than E. coli O157:H7 into the interior of
mechanically tenderized beef products. For example, one study
concerning salmonellae inoculated in beef rounds found that mechanical
tenderization increased the level of salmonellae in core samples by
about 1 logarithm, that dripping inoculated rounds into a 50 parts per
million (ppm) chlorine solution did not prevent the occurrence of
salmonellae in core samples of mechanically tenderized units, and that
Salmonella survived in the core and on the surface of some, but not
all, inoculated rounds cooked to an internal temperature of 130 degrees
F (``The Effect of Mechanical Tenderization on Beef Rounds Inoculated
with Salmonellae,'' Johnson, R.W.; Harris, M.E., and Moran, A.B.,
Journal of Food Safety. 1978; 1(3): 201-209; 9 ref.).
In another study, samples of mechanically tenderized beef were
subjected to enumeration of aerobes, coliforms, E. coli, and organisms
that formed black or grey on Harlequin TM agar (a medium formulated for
recovery of Listeria). The study concluded that cooking mechanically
tenderized beef to a medium rare condition may be adequate for ensuring
the microbiological safety of this product, provided it is devoid of
excessive contamination of deep tissues (``Microbiological Conditions
for Mechanically Tenderized Beef Cuts Prepared at Four Retail Stores,''
Gill, C.O.; McGinnis, J.C., International Journal of Food Microbiology.
2004; 95(1): 95-102).
Another study found that cleaning and sanitizing the tenderizer
with an iodine-based sanitizer (25 ppm titratable iodine) decreased the
bacterial levels of mechanically tenderized rounds (``Microbial Aspects
of Mechanical Tenderization of Beef,'' Raccah, M.; Henrickson, R.L.,
Journal of Food Protection. 1979. 42(12): 971-973; 20 ref.).
Several industry associations (the American Meat Institute, the
National Cattlemen's Beef Association, the National Meat Association,
and the Southwest Meat Association) have developed guidelines to
address pathogen control in mechanically tenderized beef products and
enhanced beef products. These guidelines are currently available on the
Internet, on the Beef Industry Food Safety Council Web site at http://www.bifsco.org/BestPractices.aspx.
The guidelines present recommended
practices throughout tenderizing or enhancing operations and during
cleaning and sanitizing operations.
FSIS Actions To Enforce and Facilitate Compliance with the Reassessment
Requirement
The Agency intends to instruct its inspection program personnel to
determine whether establishments have considered the significance of
the three outbreaks discussed in this notice as part of an annual HACCP
plan reassessment for mechanically tenderized beef products. FSIS will
also instruct inspection program personnel to ensure that all
establishments producing mechanically tenderized beef products,
including small and very small establishments that may not belong to a
trade association, are aware that the Agency has issued this notice.
Finally, FSIS intends to instruct its inspection program personnel to
collect data concerning the outcomes of the required reassessment.
Paperwork Reduction Act
FSIS has reviewed the paperwork and recordkeeping requirements in
this notice in accordance with the Paperwork Reduction Act and has
determined that the paperwork requirements for the regulations that
require establishments that produce mechanically tenderized beef
products to reassess their HACCP Plans have already been accounted for
in the Pathogen Reduction/HACCP Systems information collection approved
by the Office of Management and Budget (OMB). The OMB approval number
for the Pathogen Reduction/HACCP Systems information collection is
0583-0103.
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__&__policies/2005__Notices__Index/index.asp
.
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 our
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 email subscription service which
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.
Customers can add or delete subscriptions themselves and have the
option to password protect their account.
Done at Washington, DC on: May 20, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-10471 Filed 5-25-05; 8:45 am]