Meat and poultry inspection: Soy protein concentrate, modified food starch, and carrageenan; use as binders,

[Federal Register: August 17, 1999 (Volume 64, Number 158)]

[Rules and Regulations]

[Page 44644-44645]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17au99-2]

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 318 and 319

[Docket No. 94-015N]

RIN 0583-AB82

Use of Soy Protein Concentrate, Modified Food Starch, and Carrageenan as Binders in Certain Meat Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Affirmation of effective date for direct final rule.

SUMMARY: On May 24, 1999, the Food Safety and Inspection Service (FSIS) published a direct final rule, ``Use of Soy Protein Concentrate, Modified Food Starch, and Carrageenan as Binders in Certain Meat Products'' (64 FR 27901). This direct final rule notified the public of FSIS's intention to amend the Federal meat inspection regulations to allow the use of soy protein concentrate, both singly and in combination with

[[Page 44645]]

modified food starch or carrageenan, as a binder in cured pork products labeled ``Ham with Natural Juices,'' ``Ham Water Added,'' and ``Ham and Water Product--X% of Weight is Added Ingredients,'' and to increase the permitted use level of modified food starch as a binder in ``Ham and Water Product--X% of Weight is Added Ingredients'' products. These binders will be used to reduce purging of the pumped brine solution from the products. 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 July 23, 1999, effective date for this direct final rule.

EFFECTIVE DATE: The direct final rule published on May 24, 1999 at 64 FR 27901 is effective July 23, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Robert Post, Director, Labeling and Additives Policy Division, 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 May 24, 1999, FSIS published a direct final rule ``Use of Soy Protein Concentrate, Modified Food Starch, and Carrageenan as Binders in Certain Meat Products.'' On June 23, 1999, FSIS received a comment in response to that rulemaking from Protein Technologies International (PTI), a manufacturer of domestically produced soy proteins used in a wide variety of food applications. PTI requested that the direct final rule not be published until the rule could be amended pursuant to PTI's position, which would be enunciated in a supplemental comment to be submitted in the future.

The commenter requested that the direct final rule be modified to include isolated soy protein at appropriate levels consistent with the usage contemplated by the direct final rule with respect to soy protein concentrate. The commenter also suggested that FSIS permit combinations of these substances to include any other approved binder, and not be limited solely to modified food starch, and that such combinations be permitted in any of the categories of ham products established by FSIS regulations.

The direct final rule indicates that the Agency will permit the use of soy protein concentrate, both singly and in combination with modified food starch or carrageenan, as a binder in cured pork products labeled ``Ham with Natural Juices,'' ``Ham Water Added,'' and ``Ham and Water Product--X% of Weight is Added Ingredients,'' as well as allow an increase in the permitted use level of modified food starch as a binder in ``Ham and Water Product--X% of Weight is Added Ingredients'' products. These provisions are based on the specific use requests contained in petitions submitted to FSIS by Central Soya and the National Starch and Chemical Company and informal requests from several food manufacturers and the accompanying data submitted to support the effectiveness of these combined uses. These data supported only the specific use requests submitted to FSIS as reflected in the direct final rule. Neither the data nor the direct final rule addressed the three issues raised by the commenter. The commenter's requests are therefore outside the scope of this rule.

The comment is not adverse with respect to the promulgation of the direct final rule because it was not opposed to the rulemaking. Rather, the comment suggests that provisions of the direct final rule should be extended by FSIS to matters outside the scope of the direct final rule (i.e., to another binder, to other combinations of binders, and to other ham products). Therefore, the effective date remains as July 23, 1999. However, FSIS welcomes the submission of information in support of the request made by the commenter. Upon receipt of data in support of the request, and based on the merits of the data, the Agency will consider further amendments to the meat regulations to include isolated soy protein singly and in combination with other approved binders for use in cured pork and other products.

Done at Washington, DC, on: August 10, 1999. Thomas J. Billy, Administrator.

[FR Doc. 99-21304Filed8-16-99; 8:45 am]

BILLING CODE 3410-DM-U