Labeling Policies

A Guide to Federal Food Labeling Requirements For Meat, Poultry, and Egg Products
A user-friendly, comprehensive guide to assist food companies in the development of food labels that comply with the array of requirements policies.

Consumer Perceptions of Not-Ready-to-Eat Meat and Poultry Labeling Terminology
The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA, FSIS) contracted with the Research Triangle Institute (RTI) to conduct focus groups with consumers on their perception and understanding of labeling terms and features that convey that a product is NRTE and thus requires further cooking for safety before consumption.

Consumer Research on Food Safety Labeling Features for the Development of Responsive Labeling Policy
FSIS contracted with Research Triangle Institute (RTI) to conduct focus group discussions with household grocery shoppers and food preparers. FSIS can use the findings from the focus groups to guide labeling policy development.

Labeling 101
A PowerPoint Presentation used by FSIS as a learning tool, at food labeling workshops in various locations throughout the U.S.

Food Standards and Labeling Policy Book
Dictionary form publication consisting of day to day policy decisions.

Policy Memorandums
Listing of food labeling policy memorandums.

Documentation Needed to Substantiate Animal Raising Claims for Label Submissions
The purpose of this compliance guideline is to outline the documentation that establishments are required to submit in support of label applications for products that bear animal raising claims.

Meat and Poultry Labeling Terms
This fact sheet features a glossary of meat and poultry labeling terms. Knowing the meaning of labeling terms can make purchasing meat and poultry products less confusing.

Pressure Sensitive Stickers
Information on the use of pressure sensitive stickers on labels.

Slides: FSIS Labeling Overview and Compliance Guide for Label Approval
PowerPoint presentation used during the August 12, 2020 and September 9, 2019 webinars concerning label approval including generic approval and discussing the new and revised information included in the update to the FSIS Compliance Guidance for Label Approval published on July 24, 2020.
Generic Label Approval
PowerPoint presentation used during the September 25, 2019 webinar concerning the expanded circumstances in which labels may be considered "generically approved."
Pilot Project for Generically Approved Label Record Assessment
Slides: FSIS Labeling Overview and Generic Label Approval
PowerPoint presentation used during the October 21, 2014 webinar providing an overview of labeling and generic label approval.
Slides: Generic Label Approval
PowerPoint presentation used during the January 14, 2014 webinar concerning the expanded circumstances in which labels may be considered "generically approved."
Related Documents:

FSIS Directive 7700.1 Revision 1 - Irradiation of Meat and Poultry Products (Apr 13, 2005; PDF only)
This directive provides information and instructions regarding the irradiation of meat and poultry products in official establishments.

askFSIS about Irradiation
Irradiation Q & A's
Answers to questions on irradiation as it pertains to labeling, ingredients, packaging material and procedural issues.
Additional Irradiation Resources

Labeling of Natural or Regenerated Collagen Sausage Casings

FSIS final rule requiring that the source of natural sausage casings be disclosed on the product label if the casings are derived from a different type of meat or poultry than the meat or poultry encased in the sausage.

[Federal Register: August 6, 2001 (Volume 66, Number 151)]
[Rules and Regulations]
[Page 40843-40845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au01-2]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 94-030F]
RIN 0583-AC80

Labeling of Natural or Regenerated Collagen Sausage Casings

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is requiring
that the source of natural sausage casings be disclosed on the product
label if the casings are derived from a different type of meat or
poultry than the meat or poultry encased in the sausage. Establishments
producing, manufacturing, or using natural sausage casings are also
required to maintain records documenting the source of the casings.
FSIS is requiring that the labels of sausage products encased in
regenerated collagen casings disclose the use of the regenerated
collagen casing. However, FSIS is not requiring that records on the
source of regenerated collagen casings be kept.

EFFECTIVE DATE: September 5, 2001. Manufacturers may use their existing
label stocks until exhausted.

FOR FURTHER INFORMATION CONTACT: Robert Post, Ph.D., Director, Labeling
and Consumer Protection Staff, Office of Policy, Program Development
and Evaluation; (202) 205-0279.

SUPPLEMENTARY INFORMATION:

Background

    On July 17, 1997, FSIS published a proposed rule in the Federal
Register (62 FR 38220) to amend the Federal meat and poultry products
inspection regulations to require that labels of sausages encased in
natural casings or regenerated collagen casings identify the type of
meat or poultry from which the casings were derived, such as beef,
swine, or sheep, if the casings were derived from a different type of
meat or poultry than any meat or poultry ingredient of the sausage.
FSIS also proposed to require that establishments that produce,
manufacture, or use natural or regenerated sausage casings maintain
records identifying the source of the casings.
    FSIS received 30 comments during the comment period that ended on
September 15, 1997. Two additional comments were received after that
comment period closed; however these were also included as part of the
administrative record.
    Eleven favorable comments were submitted by individual consumers,
religious organizations, and a member of the House of Representatives.
    The groups that supported the proposal felt that people have a
right to know what they eat, whether for health, religious, or other
reasons, and that the proposal would allow health-conscious and
interested consumers to accurately identify foods with substances to
which they are allergic or food that they did not want to consume.
    Twenty-one comments were opposed to the proposal. These comments
were from the sausage casings industry, the meat and poultry industry,
and a law firm.
    The industry comments that opposed the proposal argued that it
would not provide all consumers with more information but, rather,
would only enable consumers with specific religious dietary concerns to
avoid eating casings derived from a different species than the encased
meat or poultry block. They asserted that the proposal was not based on
a food safety issue. These comments argued that the people with dietary
concerns could rely on a private mechanism, such as Kosher or Halal
certification, to ensure that they do not consume non-pork sausages
that are encased with a pork-derived casing.
    While FSIS agrees that buying Kosher or Halal certified products
ensures that individuals who do not want to eat pork can comply with
religious requirements, FSIS disagrees that the purpose of the proposal
was solely to provide a limited number of individuals with information
concerning dietary requirements. The intent of the rule is to ensure
that all consumers, not just consumers with religious interests, are
not misled into believing that they are purchasing a product composed
entirely of one species, e.g., beef, when, in fact, it is in a sheep or
pork casing. Thus, the rule requires the disclosure of a material fact
about the nature of the product.
    Some commenters opposing the proposal also stated that if FSIS
believed that consumers have a ``right to know'' what they eat, then
FSIS should require that labels of sausage products disclose all
ingredients, including gelatin, amino acids, and proteins. One casing
manufacturer pointed out that the proposal is inconsistent with FSIS
and Food and Drug Administration policy, which does not require source
labeling, in general.
    The purpose of the proposal was not to address the ``right to
know'' for all ingredients in sausages. FSIS's proposal was narrowly
crafted to address a situation where consumers may be misled.
    FSIS is, therefore, requiring the source labeling of natural
sausage casings, if they are derived from a different type of meat or
poultry than the meat or poultry encased in the sausage. FSIS is also
requiring establishments producing, manufacturing, or using natural
sausage casings to maintain records documenting the source of the
casings.
    With regard to the proposed requirements for regenerated collagen
casings, several commenters from the meat and poultry industry and the
sausage casings' industry opposed the labeling and recordkeeping
requirements for regenerated collagen casings. These commenters stated
that the processing of regenerated collagen casings renders the
detection of identifiable species protein impossible.
    FSIS agrees with the comments in part. Therefore, FSIS is amending
the meat and poultry product regulations to require that the labels of
sausage products encased in regenerated collagen casings disclose the
use of the regenerated collagen casing, but not the source of the
casing. FSIS understands that the processing of regenerated collagen
casings renders the detection of the species protein impossible;
therefore, no recordkeeping for collagen casings is required.
    FSIS concludes that providing the information that the casing is
from regenerated collagen will indicate to consumers that they are
purchasing a sausage product with a casing not necessarily made from
the same type of meat or poultry enclosed in the casing. Thus, this
material fact about the nature of the product would be disclosed, and
the product would not be misbranded.

[[Page 40844]]

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. States and local jurisdictions are preempted by
the Federal Meat Inspection Act (FMIA) and the Poultry Products
Inspection Act (PPIA) from imposing any marking, labeling, packaging,
or ingredient requirements on federally inspected meat and poultry
products that are in addition to, or different from, those imposed
under the FMIA and the PPIA. States and local jurisdictions may,
however, exercise concurrent jurisdiction over meat and poultry
products that are within their jurisdiction and outside official
establishments for the purpose of preventing the distribution of meat
and poultry products that are misbranded or adulterated under the FMIA
and PPIA, or, in the case of imported products, that are not at such an
establishment, after their entry into the United States.
    This final rule is not intended to have retroactive effect.
    Under this rule, administrative proceedings will not be required
before parties may file suit in court challenging this rule. However,
the administrative procedures specified in 9 CFR 306.5 and 381.35 must
be exhausted prior to any judicial challenge of the application of the
provisions of this rule, if the challenge involves any decision of an
FSIS employee relating to any matters under the FMIA and the PPIA.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant and
therefore has not been reviewed by OMB under Executive Order 12866.
    In accordance with 5 U.S.C. 603, FSIS performed a regulatory
flexibility analysis, which is set out below, regarding the impact of
the rule on small entities. FSIS invited comments concerning potential
effects on the number, kind and characteristics of small firms that
would incur benefits or costs from implementation of this rule.
    This final rule will require manufacturers of sausages encased in
natural casings to label the source of those casings, if the casings
are derived from a different type of meat or poultry than the encased
sausage meat or poultry. This rule will also require that sausages
encased in a regenerated collagen casing have a statement on the label
indicating that the casing is regenerated collagen. FSIS believes the
associated labeling costs will be low. Manufacturers will be able to
defer the development of new labels for sausage products in natural
casings and regenerated collagen casings until their existing stocks of
labels are exhausted. Moreover, the new labels can be generically
approved; manufacturers will not have to prepare and submit FSIS Form
7234-1, ``Application for Labels, Marking, or Device,'' or the new
label for approval. Identification of the source of natural sausage
casings may also be a selling point for some manufacturers.
    This regulation will be beneficial to consumers because it will
reduce confusion about the source of the casings on sausages and give
them additional information with which to make informed choices about
the sausages they purchase.

Paperwork Requirements

    The paperwork and recordkeeping requirements in this final rule
have been approved on an emergency basis by OMB under control number
0583-0119. FSIS is seeking comments on the paperwork and recordkeeping
requirements in this rule so that the Agency may receive a three year
approval for these requirements.
    Abstract: Under this final rule, sausage manufacturers will need to
label the source of natural sausage casings if they are derived from a
different type of meat or poultry than the meat or poultry encased in
the sausage and sausage products encased in regenerated collagen
casings will have to have a statement on the label disclosing the use
of regenerated collagen casings. FSIS will consider the labels they
develop to make these declarations to be generically approved in
accordance with 9 CFR 317.5 and 381.133.
    Establishments producing, manufacturing, or using natural sausage
casings, or sausages encased in natural casings, will be required to
maintain records documenting the source of the casings.
    Estimate of Burden: FSIS estimates that it will take 15 minutes for
establishments to make the appropriate labeling changes. FSIS estimates
that the recordkeeping for the origin of the casing will occur once a
day and take establishments 2 minutes to complete.
    Respondents: Establishments manufacturing natural and regenerated
collagen sausage casings, and establishments manufacturing sausages
encased in natural and regenerated collagen casings.
    Estimated number of Respondents: 40 meat and poultry
establishments.
    Estimated number of Responses per Respondent: 10,000
    Estimated Total Annual Burden on Respondents: 344 hours.
    Comments are invited on: (a) Whether the final collection of
information is necessary for the proper performance of the functions of
the Agency, including whether the information will have practical
utility; (b) the accuracy of the Agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of collection of information on those who are to
respond, including through use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.

Additional Public Notification

Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to better ensure
that minorities, women, and persons with disabilities are aware of this
final rule, 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://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

9 CFR Part 317

Food labeling, Food packaging, Meat inspection.

9 CFR Part 381

Food labeling, Poultry and poultry products.

For the reasons discussed in the preamble, FSIS is amending 9 CFR
parts 317 and 381 of the Federal meat and

[[Page 40845]]

poultry products inspection regulations as follows:

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

1. The authority citation for part 317 continues to read as
follows:

Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.

2. Section 317.8 is amended by adding new subparagraphs (b)(37) and
(b)(38) to paragraph (b) to read as follows:

Sec. 317.8 False or misleading labeling or practices generally;
specific prohibitions and requirements for labels and containers.

* * * * *
    (b) * * *
    (37) The labels of sausages encased in natural casings made from
meat or poultry viscera shall identify the type of meat or poultry from
which the casings were derived, if the casings are from a different
type of meat or poultry than the encased meat or poultry. The identity
of the casing, if required, may be placed on the principal display
panel or in the ingredient statement. Establishments producing,
manufacturing, or using natural sausage casings are to maintain records
documenting the meat or poultry source in accordance with part 320 of
this chapter.
    (38) The labels of sausages encased in regenerated collagen casings
shall disclose this fact on the product label. The fact that the
sausage is encased in collagen may be placed on the principal display
panel or in the ingredient statement.

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

3. The authority citation for part 381 continues to read as
follows:

Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.

4. Section 381.117 is amended by adding paragraphs (f) and (g) to
read as follows:

Sec. 381.117 Name of product and other labeling.

* * * * *
(f) The labels of sausages encased in natural casings made from
meat or poultry viscera shall identify the type of meat or poultry from
which the casings were derived, if the casings are from a different
type of meat or poultry than the encased meat or poultry. The identity
of the casing, if required, may be placed on the principal display
panel or in the ingredient statement. Establishments producing,
manufacturing, or using natural sausage casings are to maintain records
documenting the meat or poultry source in accordance with subpart Q of
this part.
(g) The labels of sausages encased in regenerated collagen casings
shall disclose this fact on the product label. The fact that the
sausage is encased in collagen may be placed on the principal display
panel or in the ingredient statement.

Done at Washington, DC, on July 31, 2001.
Thomas J. Billy,
Administrator.
[FR Doc. 01-19598 Filed 8-3-01; 8:45 am]
BILLING CODE 3410-DM-P

Docket Number FSIS-2005-0032
Determining Net Weight Compliance for Meat and Poultry Products - Proposed Rule

[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Proposed Rules]
[Page 15340-15343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr06-6]

========================================================================
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.

========================================================================

[[Page 15340]]

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317, 381, and 442

[Docket No. 04-041P; FDMS Docket Number FSIS-2005-0032]
RIN 0583-AD17

Determining Net Weight Compliance for Meat and Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the Federal meat and poultry products inspection regulations in
order that they reference the revised version of the National Institute
of Standards and Technology (NIST) Handbook 133 that contains standards
for determining the reasonable variations allowed for the declared net
weight on labels of immediate containers of meat and poultry products;
the procedures to be used to determine the net weight and net weight
compliance of meat and poultry products; and related definitions. The
Agency also is proposing to consolidate the separate net weight
regulations for meat and poultry products in a new CFR part, applicable
to both meat and poultry products.

DATES: Submit comments by May 30, 2006.

ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by any of the following
methods:
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. FSIS prefers to
receive comments through the Federal eRulemaking Portal. 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, then click on ``Submit.'' In the Docket ID column, select FDMS
Docket Number FSIS-2005-0032 to submit or view public comments and to
view supporting and related materials available electronically.
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.
Electronic mail: fsis.regulationscomments@fsis.usda.gov.
All submissions received by mail or electronic mail must include
the Agency name and docket number 04-041P. All comments submitted in
response to this proposal, 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. Comments
will also be posted on the Agency's Web site at https://www.fsis.usda.gov/policy/federal-register-rulemaking/federal-register-rules.

FOR FURTHER INFORMATION CONTACT: Robert C. Post, PhD, Director,
Labeling and Consumer Protection Staff, Office of Policy, Program, and
Employee Development, FSIS, by telephone at (202) 205-0279 or by fax at
(202) 205-3625.

SUPPLEMENTARY INFORMATION:

Background

FSIS administers the Federal Meat Inspection Act (FMIA) (21 U.S.C.
601-695), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451-
470), and the regulations that implement these Acts. The FMIA and the
PPIA require that packages of meat and poultry products bear an
accurate statement of the quantity of their contents in terms of
weight, measure, or numerical count (21 U.S.C. 601(n)(5) and
453(b)(5)). The FMIA and PPIA also provide the Secretary of Agriculture
with the authority to prescribe standards of fill of containers for
such articles (21 U.S.C. 607(c)(2), 457 (b)(2)) that are not
inconsistent with any such standards established under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301-392). In implementing
regulations, FSIS has elected to enforce these provisions of the Acts
through the adoption of the NIST standards established for determining
compliance with the net weight contents statement of packaged goods
that are enumerated in NIST Handbook 133. Consequently, FSIS has
incorporated, by reference, the appropriate NIST standards in the
Federal meat and poultry inspection regulations.
NIST was established by Congress in 1988 to assist industry in the
development of technology to improve product quality, to modernize
manufacturing processes, to ensure product reliability, and to
facilitate rapid commercialization of products based on new scientific
discoveries. NIST's basic functions include developing, maintaining,
and retaining custody of the national standards of measurement and
providing the means and methods for comparing standards used in
science, engineering, manufacturing, commerce, industry, and education
with the standards adopted or recognized by the Federal Government.
NIST Handbook 133 is a procedural guide for compliance testing of
net content statements on packaged goods. FSIS has elected to make
mandatory the NIST standards in Handbook 133 regarding the
determination of the reasonable variations allowed from the declared
net weight on labels of immediate containers of meat and poultry
products, the procedures to be used to determine net weight and net
weight compliance for meat and poultry products, and related
definitions. Consequently, FSIS currently incorporates, by reference,
the NIST standards from Handbook 133 in its meat and poultry inspection
regulations (9 CFR parts 317.18 through 317.22 and 381.121a through
381.121e respectively). In January 2002, NIST issued a revised Handbook
133. Therefore, it is necessary for FSIS to amend the meat and poultry
inspection regulations to incorporate by reference the revised NIST
Handbook 133 and the standards set forth in it regarding the
determination of the reasonable variations allowed, definitions, and
procedures used to determine net weight, and net weight compliance of
packaged goods. The standards in revised Handbook 133 that are being
proposed to be incorporated by

[[Page 15341]]

reference in FSIS' meat and poultry inspection regulations remain
substantively unchanged from those currently incorporated by reference
in FSIS' regulations.
FSIS is also proposing to consolidate the separate net weight
regulations for meat and poultry products in a new CFR part 442 that
will be applicable to both meat and poultry products. Therefore, FSIS
is proposing to move the provisions in Sec. Sec. 317.18 through 317.22
and the provisions in Sec. Sec. 381.121a through 381.121e to new part
442. Sections 317.20 and 381.121c incorporate NIST Handbook 44 by
reference. Therefore, FSIS is proposing to move the provisions that
incorporate NIST Handbook 44 by reference to new CFR part 442. FSIS is
proposing to incorporate the same version of Handbook 44 that is
currently incorporated by reference in the regulations:
``Specifications, Tolerances, and Other Technical Requirements for
Weighing and Measuring Devices,'' 1999 Edition, November 1988.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) no retroactive proceedings will be required before
parties may file suit in court challenging this rule.

Executive Order 12866 and the Regulatory Flexibility Act

This proposed rule has been determined to be not significant and,
therefore, has not been reviewed by the Office of Management and Budget
(OMB).
There are no costs associated with this proposal. The intent of
this proposed rule is to amend the meat and poultry inspection
regulations to incorporate by reference the standards in revised
Handbook 133, which are not substantively changed from those in the
version of Handbook 133 that is currently reflected in FSIS' meat and
poultry inspection regulations regarding the procedures to be used to
determine the net weight of, and net weight compliance for, meat and
poultry products. In addition, FSIS is proposing to consolidate its
meat and poultry net weight regulations into a new part 442 which will
be applicable to both meat and poultry products.
FSIS has made an initial determination that this proposed rule
would not have a significant economic impact on a substantial number of
small entities, as defined by the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). The proposed rule reflects the recent changes in the NIST
Handbook 133 standards for determining net weight compliance for meat
and poultry products.

Paperwork Reduction Act

This proposed rule has been reviewed under the Paperwork Reduction
Act and imposes no new paperwork or record-keeping requirements. The
information collection was approved under OMB number 0583-0094. This
proposed rule contains no other paperwork requirements.

Government Paperwork Elimination Act (GPEA)

FSIS is committed to compliance with the GPEA, which requires
Government agencies, in general, to provide the public the option of
communicating electronically with the government to the maximum extent
possible. The Agency will ensure that all forms used by the
establishments are made available electronically.

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 proposed rule, FSIS will announce it
on-line through the FSIS Web page located at http://www.fsis.usda.gov/regulations_&_policies/2006_Proposed_Rules_Index/index.asp
.

The Regulations.gov Web site is the central online rulemaking
portal of the United States government. It is being offered as a public
service to increase participation in the Federal government's
regulatory activities. FSIS participates in Regulations.gov and will
accept comments on documents published on the site. The site allows
visitors to search by keyword or Department or Agency for rulemakings
that allow for public comment. Each entry provides a quick link to a
comment form so that visitors can type in their comments and submit
them to FSIS. The Web site is located at http://www.regulations.gov/.

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, 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 e-mail 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 across 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.

List of Subjects

9 CFR Part 317

Food labeling, Meat inspection.

9 CFR Part 381

Food labeling, Poultry and poultry products.

9 CFR Part 424

Food labeling, Incorporation by reference, Meat inspection, Poultry
and poultry products.

For the reasons discussed in the preamble, FSIS proposes to amend 9
CFR Chapter III as follows:

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

1. The authority citation for part 317 continues to read as
follows:

Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.

Sec. Sec. 317.18 through 317.22 [Removed and Reserved].

2. Remove and reserve Sec. Sec. 317.18 through 317.22.

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

3. The authority citation for part 381 continues to read as
follows:

Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.

Sec. Sec. 381.121a through 381.121e [Removed and Reserved].

4. Remove and reserve Sec. Sec. 381.121a through 381.121e.

[[Page 15342]]

Subchapter E--Regulatory Requirements Under the Federal Meat Inspection
Act and the Poultry Products Inspection Act

5. Subchapter E is amended by adding a new part 442 to read as
follows:

PART 442--QUANTITY OF CONTENTS LABELING AND PROCEDURES AND
REQUIREMENTS FOR ACCURATE WEIGHTS

Sec.
442.1 Quantity of contents labeling
442.2 Definitions and procedures for determining net weight
compliance
442.3 Scale requirements for accurate weights, repairs, adjustments,
and replacement after inspection
442.4 Testing of scales
442.5 Handling of failed product

Authority: 21 U.S.C. 451-470, 601-695; 7 CFR 2.18, 2.53.

Sec. 442.1 Quantity of contents labeling.

This part prescribes the procedures to be followed for determining
net weight compliance and prescribes the reasonable variations allowed
from the declared net weight on the labels of immediate containers of
products in accordance with 9 CFR 317.2(c)(4), 317.2(h), and 381.121.

Sec. 442.2 Definitions and procedures for determining net weight
compliance.

(a) For the purpose of Sec. 442.1 of this part, the reasonable
variations allowed, the definitions, and the procedures to be used in
determining net weight and net weight compliance are presented in the
National Institute of Standards and Technology (NIST) Handbook 133,
``Checking the Net Contents of Packaged Goods,'' Fourth Edition,
January 2002, which is incorporated by reference. Those provisions are
considered mandatory requirements. This incorporation was approved by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. (These materials are incorporated as they exist on
the date of approval.) A notice of any change in the Handbook cited
herein will be published in the Federal Register. Copies may be
purchased from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402. The incorporation information
also is available for inspection at the Office of the Federal Register
Information Center, 800 North Capitol Street, NW., suite 700,
Washington, DC 20408.
(b) The following NIST Handbook 133 requirements are not
incorporated by reference.
Chapter 2--Basic Test Procedure--Gravimetric Testing
2.4 Borax
Chapter 3--Test Procedures--For Packages Labeled by Volume
3.5 Mayonnaise and Salad Dressing
3.7 Pressed and Blown Glass Tumblers and Stemware
3.8 Volumetric Test Procedures for Paint, Varnish, and Lacquers--Non
Aerosol
3.9 Testing Viscous Materials--Such as Caulking Compounds and Pasters
3.10 Peat Moss
3.11 Mulch and Soils Labeled by Volume
3.12 Ice Cream Novelties
3.13 Fresh Oysters Labeled by Volume
3.14 Determining the Net Contents of Compressed Gas Cylinders
3.15 Volumetric Test Procedures for Packaged Firewood with a Labeled
Volume of 133 L (4 Cu Ft) or Less
3.16 Boxed Firewood
3.17 Crosshatched Firewood
3.18 Bundles and Bags of Firewood
Chapter 4--Test Procedures--Packages Labeled by Count, Linear Measure,
Area, Thickness, and Combinations of Quantities
4.5 Paper Plates and Sanitary Paper Products
4.6 Special Test Requirements for Packages Labeled by Linear or Square
Measure (Area)
4.7 Polyethylene sheeting
4.8 Packages Labeled by Linear or Square (Area) Measure
4.9 Bailer Twine--Test Procedure for Length
4.10 Procedure for Checking the Area Measurement of Chamois

Sec. 442.3 Scale requirements for accurate weights, repairs,
adjustments, and replacements after inspection.

(a) All scales used to weigh meat and poultry products sold or
otherwise distributed in commerce in federally inspected meat and
poultry establishments will be installed, maintained, and operated in a
manner that ensures accurate weights. Such scales shall meet the
applicable requirements contained in National Institute of Standards
and Technology (NIST) Handbook 44, ``Specifications, Tolerances, and
Other Technical Requirements for Weighing and Measuring Devices,'' 1999
Edition, November 1988, which is incorporated by reference. This
incorporation was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (These materials are
incorporated as they exist on the date of approval.) A notice of any
change in the Handbook cited here will be published in the Federal
Register. Copies may be purchased from the Superintendent of Documents,
Government Printing Office, Washington, DC 20402. The incorporation
information also is available for inspection at the Office of the
Federal Register Information Center, 800 North Capitol Street, NW.,
suite 700, Washington, DC 20408.
(b) All scales used to weigh meat or poultry products sold or
otherwise distributed in commerce or in States designated under section
301(c) of the Federal Meat Inspection Act and section 5(c) of the
Poultry Products Inspection Act shall be of sufficient capacity to
weigh the entire unit or package.
(c) No scale will be used at a federally inspected establishment to
weigh meat or poultry products unless it has been found upon test and
inspection, as specified in NIST Handbook 44 to provide accurate
weight. If a scale is inspected or tested and found to be inaccurate,
or if any repairs, adjustments, or replacements are made to a scale, it
shall not be used until it has been reinspected and retested by a USDA
official, or a State or local government weights and measures official,
or a State registered or licensed scale repair firm or person, and it
must meet all accuracy requirements as specified in NIST Handbook 44.
If a USDA inspector has put a ``Retain'' tag on a scale, the tag can
only be removed by a USDA inspector. As long as the tag is on the
scale, it shall not be used.

Sec. 442.4 Testing of scales.

(a) The operator of each official establishment that weighs meat or
poultry food products will cause such scales to be tested for accuracy
in accordance with the technical requirements of NIST Handbook 44, at
least once during the calendar year. In cases where the scales are
found not to maintain accuracy between tests, more frequent tests may
be required and monitored by an authorized USDA program official.
(b) The operator of each official establishment shall display on or
near each scale a valid certification of the scale's accuracy from a
State or local government's weights and measures authority or from a
State registered or licensed scale repair firm or person, or shall have
alternative documented procedures showing that the scale has been
tested for accuracy in accordance with the requirements of NIST
Handbook 44.

Sec. 442.5 Handling of failed product.

Any lot of product that is found to be out of compliance with net
weight requirements upon testing in accordance with the methods
prescribed

[[Page 15343]]

in Sec. 442.2 of this subchapter shall be handled as follows;
(a) A lot tested in an official establishment and found not to
comply with net weight requirements may be reprocessed and must be
reweighed and remarked to satisfy the net weight requirements of this
section in accordance with the requirements of this part.
(b) A lot tested outside an official establishment and found not to
comply with net weight requirements must be reweighed and remarked with
a proper net weight statement, provided that such reweighing and
remarking will not deface, cover, or destroy any other marking or
labeling required under this subchapter and the net quantity of
contents is shown with the same prominence as the most conspicuous
feature of a label.

Done in Washington, DC, on March 22, 2006.
Barbara J. Masters,
Administrator.
[FR Doc. E6-4420 Filed 3-27-06; 8:45 am]

BILLING CODE 3410-DM-P