[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Pages 32705-32706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14512]



Food Safety and Inspection Service

[Docket No. FSIS-2018-0041]

Guideline on Kit Labeling

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability and request for comment.


SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of the Agency's guideline on kit products that contain 
a meat or poultry component. The guideline is designed to help 
establishments and other food handling facilities determine whether a 
kit product needs to be prepared under FSIS inspection and how a kit 
product needs to be labeled.

DATES: Submit comments on or before September 9, 2019.

ADDRESSES: FSIS invites interested persons to submit comments on this

[[Page 32706]]

notice. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This website provides 
commenters the ability to type short comments directly into the comment 
field on the web page or to attach a file for lengthier comments. Go to 
http://www.regulations.gov. Follow the on-line instructions at that 
site for submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, 1400 
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2018-0041. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, 
call (202)720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Room 6065, Washington, DC 20250-3700.

Administrator, Office of Policy and Program Development by telephone at 
(202) 205-0495.



    FSIS is announcing the availability of a guideline on the labeling 
and inspection of kit products that contain an inspected and fully 
labeled meat or poultry component.\1\ A kit product consists of 
individually-packaged food components sold together as a single unit. 
For example: A ``Nugget Lunch Kit'' which includes fully-cooked nugget-
shaped chicken patties, a container of coleslaw, a slice of corn bread, 
and a juice box.

    \1\ The guideline does not apply to boxes of ingredients 
(including FSIS-inspected, fully labeled meat and poultry products) 
that may also include recipes that are shipped directly to consumers 
to help them prepare home-cooked meals. These boxes are typically 
prepared and packed without FSIS inspection under the retail 
exemption (see 9 CFR 303.1(d) and 381.10(d)).

    There are many varieties of kit products, including but not limited 
to: Wraps, pizzas, stew, salads, fajitas, stroganoff, or stir-fry 
skillet meals, that include a meat or poultry component. Some of these 
items may also require cooking. Often, the meat or poultry component is 
separately wrapped and fully labeled, and then assembled together with 
various other food components in the same packaging.
    The Agency has determined that the act of assembling a kit product 
that contains meat or poultry does not need to be done under FSIS 
inspection, if the following conditions are met:
    1. The meat or poultry component is prepared and separately 
packaged under FSIS inspection and labeled with all required features;
    2. The outer kit label identifies all of the individual components 
in the kit; and
    3. The outer kit label clearly identifies the product as a single 
unit or ``kit,'' such as ``Chicken BBQ Dinner Kit'' and ``Beef Lasagna 
    Kit products with a meat or poultry component are still under 
FSIS's jurisdiction. These products must meet all applicable FSIS 
requirements to ensure that they are not adulterated or misbranded. 
After FSIS assesses comments on the guideline and gains additional 
information on establishments producing kit products, instructions will 
be issued to the Office of Field Operations to clarify what products 
constitute kits that should no longer be under inspection.
    FSIS encourages establishments to follow this guideline. This 
guideline represents FSIS's current thinking, and FSIS will update it 
as necessary to reflect comments received and any additional 
information that becomes available.

Congressional Review Act

    Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., 
the Office of Information and Regulatory Affairs has determined that 
this notice is not a ``major rule,'' as defined by 5 U.S.C. 804(2).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Constituent Update is available on the FSIS web page. 
Through 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 automatic and customized access to 
selected food safety news and information. This service is available 
at: http://www.fsis.usda.gov/subscribe. Options range from recalls to 
export information, regulations, directives, and notices. Customers can 
add or delete subscriptions themselves, and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: program.intake[email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done, at Washington, DC.
Paul Kiecker,
Deputy Administrator.
[FR Doc. 2019-14512 Filed 7-8-19; 8:45 am]