[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11413-11414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6124]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317, 319, and 381
[Docket No.01-016N]
Use of Transglutaminase Enzyme and Pork Collagen as Binders in
Certain Meat and Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Affirmation of effective date for direct final rule.
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SUMMARY: On October 31, 2001, the Food Safety and Inspection Service
(FSIS) published a direct final rule ``Use of Transglutaminase Enzyme
and Pork Collagen as Binders in Certain Meat and Poultry Products'' in
the Federal Register. This direct final rule notified the public of
FSIS's intention to amend the Federal meat and poultry products
inspection regulations to permit the use of one or both of these
substances, in limited amounts, as binders in certain standardized meat
and poultry products. This direct final rule also announced the
Agency's intention to prescribe labeling requirements when
tranglutaminase enzyme (TG enzyme) is used to fabricate or reform cuts
of meat or poultry. FSIS received one comment in response to the direct
final rule. However, the comment was not an adverse comment or notice
of intent to submit an adverse comment. Therefore, FSIS is affirming
the December 31, 2001, effective date for this direct final rule.
EFFECTIVE DATE: December 31, 2001.
FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director,
Labeling and Consumer Protection Staff, Office of Policy, Program
Development and Evaluation, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250-3700; (202) 205-0279
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2001, FSIS published a direct final rule ``Use of
Transglutaminase Enzyme and Pork Collagen as Binders in Certain Meat
and Poultry Products'' (66 FR 54912). This direct final amended the
Federal meat inspection regulations to permit the use of pork collagen
and TG enzyme, in limited amounts, as binders in certain standardized
meat food products and amended the poultry products inspection
regulations to permit the use of TG enzyme, in limited amounts, in
certain standardized poultry products. This direct final rule also
amended the meat and poultry products inspection regulations to require
that, when TG enzyme is used to fabricate or reform cuts of meat or
poultry, the resulting product bear labeling to indicate that it has
been formed from pieces of whole muscle meat, or that it has been
reformed from a single cut. This direct final was in response to
petitions submitted to the Agency by Ajinomoto, U.S.A., Inc. and AMPC,
Corp.
On December 3, 2001, FSIS received a comment from Hogan & Hartson,
L.L.P. on behalf of Ajinomoto USA, Inc., in response to the rulemaking.
The commenter, also one of the petitioners, requested that FSIS provide
clarification on the scope of the direct final rule. Specifically,
Ajinomoto requested that FSIS clarify that the Agency intended to allow
the use of TG enzyme in cured pork products under 9 CFR 319.104 when it
published the direct final rule. The commenter noted that in its
petition it had specifically requested that the standard of identity
for cured pork products under 9 CFR 319.104 be amended to provide for
the use of TG enzyme as a binder and provided data in support of this
request. The commenter also expressed full support for the rule and
stated that the comment was not intended to be an adverse comment but
rather a clarification on the scope of the final rule.
When it began development of the direct final rule, FSIS had
determined that, based on the data submitted by Ajinomoto, TG enzyme
was suitable for use as a binder in sausages as provided under part 319
of title 9. While the rule was under development, Ajinomoto submitted
additional data to support the use of TG enzyme in other standardized
products, including cured pork products under 9 CFR 319.140. Upon
review of the additional data, FSIS determined that, in addition to
sausages as provided under part 319, TG enzyme was suitable for use in
restructured meats (9 CFR 319.15(d)), roast beef parboiled and steam
roasted (9 CFR 319.104) cooked sausages (9 CFR 319.180) and poultry
rolls (9 CFR 381.159), and incorporated these findings into the direct
final rule. However, when it incorporated these products in the direct
final rule, the Agency was still reviewing the data submitted on the
use of TG enzyme in cured pork products defined under 9 CFR 319.104.
Thus, the direct final rule does not provide for the use of TG enzyme
in these products. FSIS ultimately determined that TG enzyme is
suitable for use as a binder in cured pork products under 9 CFR
319.104. In response to the commenter's request to clarify the scope of
the direct final rule,
[[Page 11414]]
the rule, as published, is not intended to provide for the use of TG
enzyme in cured pork products under 9 CFR 319.104. However, because
FSIS ultimately found that TG enzyme is suitable for use as a binder in
these standardized products, the Agency intends to publish another
direct final rule to permit such a use.
Because FSIS did not receive any adverse comments or notice of
intent to submit adverse comments in response to the direct final rule,
the effective date remains as December 31, 2001.
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
notice, FSIS will announce the meeting 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.
Done at Washington, DC, on: March 11, 2002.
Margaret O'K Glavin,
Acting Administrator.
[FR Doc. 02-6124 Filed 3-13-02; 8:45 am]
BILLING CODE 3410-DM-P