[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]               
[Page 3779-3780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja07-31]                         

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Notices
                                                Federal Register
________________________________________________________________________

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, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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[[Page 3779]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[FDMS Docket No. FSIS-2006-0035]

 
FSIS Jurisdiction Over Flavor Products Containing Meat or Poultry

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice clarifies that flavor products, e.g., flavor 
bases, and blended and reaction/process flavors, with greater than 3 
percent raw meat or poultry, or 2 percent or more cooked meat or 
poultry, in their formulation are amenable to Food Safety and 
Inspection Service (FSIS) jurisdiction. Recent findings show that some 
manufacturers of flavor products formulated with significant levels of 
meat, meat byproducts, poultry, and poultry byproducts (e.g., 30-70 
percent) are not aware that such products are under FSIS jurisdiction. 
These manufacturers need to take necessary steps to come under 
inspection.

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-ROMs, 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 20250-3700.
     Electronic mail: fsis.regulationscomments@fsis.usda.gov.
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov
 and, in the ``Search for Open Regulations'' box, 

select ``Food Safety and Inspection Service'' from the agency drop-down 
menu, and then click on ``Submit.'' In the Docket ID column, select 
FDMS Docket Number FSIS-2006-0035 to submit or view public comments and 
to view supporting and related materials available electronically. 
After the close of the comment period, the docket can be viewed using 
the ``Advanced Search'' function in Regulations.gov.
    All submissions must include the Agency name and docket number 
FSIS-2006-0035. All comments submitted in response to this notice will 
be posted to the regulations.gov Web site. The comments also 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/2007_Notices_Index/index.asp
.


FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director, 
Labeling and Consumer Protection Staff, Room 602, Cotton Annex, 300 
12th Street, SW., Washington, DC 20250-3700; (202) 205-0279.

SUPPLEMENTARY INFORMATION: Flavor products, such as flavor bases and 
reaction/process flavors produced with meat or poultry ingredients, are 
used to flavor non-meat or non-poultry foods. These bases and flavors 
are produced by rigorous heating for a prescribed time (e.g., 100[deg]C 
or higher for at least 15 minutes) and by chemical reaction processes 
(e.g., hydrolysis/enzymolysis). During these processes, chemical 
reactions typically occur between reducing sugars and amino acids or 
proteins.
    When flavor bases and reaction/process flavors contain greater than 
3 percent raw meat or poultry or 2 percent or more cooked meat or 
poultry in their formulation, they are amenable to FSIS jurisdiction 
because one basis for determining amenability is considering the 
amounts of meat or poultry used in formulating products. Recent 
findings indicate, however, that some manufacturers of flavor products 
formulated with significant levels of meat, meat byproducts, poultry, 
and poultry byproducts (e.g., 30-70 percent) are unaware that such 
products are under FSIS jurisdiction.
    Therefore, FSIS is publishing this notice to clarify that flavor 
products, e.g., bases and blended or reaction/process flavors, with 
greater than 3 percent raw meat or poultry, or 2 percent or more cooked 
meat or poultry, in their formulation are amenable to FSIS 
jurisdiction.
    The Agency is considering making changes in whether it asserts 
jurisdiction over certain meat and poultry products, including flavor 
products, and accepted comments on this issue in response to a Federal 
Register notice published on November 17, 2005 (70 FR 67490). In that 
notice, FSIS indicated that the Agency is developing a proposed rule 
with the Food and Drug Administration (FDA). Until a decision is made 
through rulemaking that such products are products under FDA's 
jurisdiction, they remain under FSIS' jurisdiction, and manufacturers 
of these products need to respond accordingly (i.e., obtain FSIS 
inspection).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that 
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/2006_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 
electronic mail subscription service for industry, trade and farm 
groups, consumer interest groups, allied health professionals, and 
other individuals who have asked to be included. The update is 
available on the FSIS Web page. Through the Listserv and Web page, FSIS 
is able to provide information to a much broader and more diverse 
audience. In addition, FSIS offers an e-mail subscription service which 
provides automatic and customized access to selected food safety news 
and information. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/
.


[[Page 3780]]

    Options range from recalls to export information to regulations, 
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    Done at Washington, DC on: January 23, 2007.
Barbara J. Masters,
Administrator.
 [FR Doc. E7-1264 Filed 1-25-07; 8:45 am]

BILLING CODE 3410-DM-P