Condemnation of Poultry Carcasses Affected With Any Form of Avian Leukosis Complex; Recission
| Court | Food Safety And Inspection Service |
| Citation | 88 FR 55909 |
| Published date | 17 August 2023 |
| Record Number | 2023-17451 |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Rules and Regulations]
[Pages 55909-55913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17451]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 /
Rules and Regulations
[[Page 55909]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. FSIS 2021-0004]
RIN 0583-AD84
Condemnation of Poultry Carcasses Affected With Any Form of Avian
Leukosis Complex; Recission
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: FSIS is amending the poultry products inspection regulations
to rescind several regulations related to the inspection and
condemnation of poultry carcasses affected with any of the forms of
avian leukosis complex.
DATES: Effective September 18, 2023.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development; Telephone:
(202) 937-4272.
SUPPLEMENTARY INFORMATION:
Background
Avian Leukosis Complex (also referred to as avian leukosis) is a
rare condition in poultry that includes three virally-induced, tumor-
causing diseases in poultry, none of which are transmissible to
humans.\1\ The three characterized diseases are Marek's Disease caused
by Marek's Disease virus (MDV), Lymphoid Leukosis, and
Reticuloendotheliosis.\2\
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\1\ Schat, K.A. and Erb, H.N. Lack of evidence that avian
oncogenic viruses are infectious for humans: A review. Avian
Diseases, 2014; 58: 345-358.
\2\ Schat, K.A. and Erb, H.N. Lack of evidence that avian
oncogenic viruses are infectious for humans: A review. Avian
Diseases, 2014; 58: 345-358.
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On March 14, 2022, FSIS proposed to amend the poultry products
inspection regulations to rescind several regulations related to the
inspection and condemnation of poultry carcasses affected with any of
the forms of avian leukosis (87 FR 14182). FSIS proposed these changes
in response to a petition from the National Chicken Council (NCC),
which requested that the Agency amend its regulations to designate
avian leukosis as a trimmable condition rather than a condition that
requires condemnation of the entire carcass.\3\ The petition also
requested that FSIS rescind the regulations at 9 CFR 381.36(f)(3) that
require young chicken establishments operating under the New Poultry
Inspection System (NPIS) to provide a location at a point along the
production line to permit an FSIS inspector to inspect for leukosis the
first 300 carcasses of each flock, together with their corresponding
viscera. In addition, the petition requested that FSIS rescind the
regulations at 9 CFR 381.76(b)(6)(iv) that prescribe the 300-bird
leukosis inspection procedure under the NPIS. The petition asserted
that the current regulations related to leukosis are based on an
outdated understanding of this poultry disease, impose unnecessary
costs on industry, and present a potential barrier to young chicken
establishments that may want to convert to NPIS.
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\3\ The petition and FSIS' response are available at: Petition
to Treat Avian Leukosis as a Trimmable Condition [verbar] Food
Safety and Inspection Service (usda.gov).
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As FSIS explained in the proposed rule, the Agency evaluated the
available scientific information on avian leukosis and concluded that
there was scientific support for treating avian leukosis as a trimmable
condition under 9 CFR 381.87 in all poultry establishments operating
under FSIS' mandatory and voluntary inspection.
Final Rule
After carefully considering comments submitted on the proposed
rule, FSIS is finalizing the proposal with no changes. Therefore, FSIS
is rescinding the regulation (9 CFR 381.82) that requires condemnation
of all poultry carcasses affected with any of the forms of avian
leukosis. FSIS is also rescinding the regulation (9 CFR 381.36(f)(3))
that requires young chicken slaughter establishments operating under
NPIS to provide a location along the production line at which a FSIS
inspector inspects the first 300 carcasses of each flock together with
associated viscera for leukosis, as well as the regulation that
prescribes inspection procedures for avian leukosis in young chicken
slaughter establishments operating under NPIS (9 CFR 381.76(b)(6)(iv)).
Under this final rule, carcasses affected with avian leukosis will be
subject to the amended 9 CFR 381.87, which provides that any organ or
other carcass part affected with tumors may be trimmed and that the
unaffected parts of the carcass may be inspected and passed. The
amended 9 CFR 381.87 also requires condemnation of any organ or other
part of a carcass that is affected by a tumor where there is evidence
of metastasis or that the general condition of the bird has been
affected by the size, position, or nature of the tumor.
Summary of Comments and Responses
FSIS received 15 comments on the proposed rule from 1 organization
representing the poultry industry, 2 consumer groups, and 12
individuals. Most of the commenters supported the proposed rule. One
individual and two consumer groups opposed the proposed rule. A summary
of comments and FSIS responses follows.
Public Health
Comment: Two consumer groups stated that poultry with avian
leukosis should be condemned for unwholesomeness under 21 U.S.C.
453(g)(3). Also, two individuals were concerned that because avian
leukosis nodules or tumors may be extremely small, poultry products
affected by avian leukosis may not be free from unwholesome defects,
even if they are trimmed.
Response: As FSIS explained in the proposed rule, avian leukosis is
a rare condition. Less than 0.01 percent of total young chickens
slaughtered, are condemned every year for avian leukosis, based on
Agency data from 2015 to 2019 (87 FR 14182, 14184). Given the low
incidence rate and the fact that FSIS inspectors are trained to inspect
for avian leukosis, it is unlikely for unwholesome product to be
inspected and passed. FSIS will continue to condemn carcasses and parts
when there is evidence of metastasis or that the general condition of
the bird has been affected by the size, position, or nature of the
tumor (9 CFR 381.87).
Comment: Several individuals stated that under this rule the avian
leukosis
[[Page 55910]]
viruses could mutate and cross species barriers and contaminate humans.
Response: As FSIS explained in the proposed rule (87 FR 14182,
14183), while several studies confirmed the presence of antibodies to
MDV, Avian Lymphoid Leukosis, and Reticuloendotheliosis viruses in
people working in poultry slaughter and processing establishments,
there have been no indications that these poultry diseases are involved
in human disease. FSIS also explained that experimental laboratory
studies have been unable to establish that any of the avian oncogenic
viruses have the ability to infect and replicate in mammalian cells,
including humans (87 FR 14182, 14183-84). Therefore, current science
does not support that avian leukosis is a human health concern.
Comment: A consumer group argued that two studies 4 5
showed that chickens suffering from avian leukosis are more likely to
carry high loads of foodborne pathogens, such as Salmonella and
Campylobacter.
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\4\ N.A. Cox, J.L. Wilson, M.T. Musgrove, R.J. Buhr, J.E.
Sandler, B.P. Hudson, ``Positive Relationship of the Avian Leukosis-
J Strain Virus to the Detection of Campylobacter in the Digestive
Tract and Semen of Broiler Breeder Roosters,'' Journal of Applied
Poultry Research, Vol. 13, Issue 1, 2004, Pages 44-47, ISSN 1056-
6171, https://doi.org/10.1093/japr/13.1.44. (https://www.sciencedirect.com/science/article/pii/Sl056617119314096)
\5\ Huang JQ, JK Xin, C Mao, F Zhong and JQ Chai, 2013. ``Co-
infection of avian leukosis virus and Salmonella pullorum with the
preliminary eradication in breeders of Chinese local 'Shouguang'
chickens.'' Pak Vet], 33(4): 428-432.
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Response: As FSIS explained in the foregoing and in the proposed
rule, less than 0.01 percent of total young chickens slaughtered are
condemned every year for avian leukosis, based on Agency data from 2015
to 2019 (87 FR 14182, 14184). Therefore, it would be a rare occurrence
for establishments to slaughter and process chickens suffering from
avian leukosis. Additionally, FSIS' current regulations address
contamination from enteric pathogens. FSIS requires all establishments
that slaughter poultry to develop, implement, and maintain written
procedures to prevent contamination of carcasses and parts by enteric
pathogens, such as Salmonella and Campylobacter--regardless of the
levels of Salmonella and Campylobacter--and fecal material throughout
the entire slaughter and dressing operation (9 CFR 381.65(g)).
Establishments must incorporate their procedures into their Hazard
Analysis and Critical Control Point (HACCP) systems, i.e., HACCP plan,
Sanitation Standard Operating Procedure, or prerequisite program. To
help poultry slaughter and processing establishments in controlling
hazards and meeting the FSIS pathogen performance standards,\6\ FSIS
has issued guidelines on best practices for addressing Salmonella and
Campylobacter in poultry products. The guidelines are available at:
FSIS Guideline for Controlling Salmonella in Raw Poultry: FSIS-GD-2021-
0005 and FSIS Guideline for Controlling Campylobacter in Raw Poultry:
FSIS-GD-2021-0006.
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\6\ As part of its Salmonella Verification Program, FSIS
assesses whether establishments meet pathogen reduction performance
standards for Salmonella in young chicken and turkey carcasses, raw
chicken parts, and not ready-to-eat comminuted chicken and turkey
products (see 81 FR 7285).
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Comment: A consumer group stated that FSIS should remove avian
leukosis inspection requirements only if poultry processors provide
supplier data demonstrating a decrease in avian leukosis transmission
risk in birds sent to slaughter establishments. The same consumer group
and an individual commented that FSIS failed to consider how the
proposed rule may lead poultry growers and breeders to reduce
precautions against avian leukosis. The consumer group and individual
stated that the proposed rule would reduce the economic incentive for
growers to vaccinate birds against avian leukosis.
Response: Poultry growers and breeders are not likely to reduce
their precautions against avian leukosis because FSIS inspectors will
continue to inspect for the condition. FSIS also disagrees that
rescinding 9 CFR 381.82 would result in removing the economic incentive
to vaccinate flocks. Unvaccinated flocks are at risk of resulting in
carcasses that are severely affected by lesions or tumors. To avoid
trimming and processing costs, slaughter establishments will continue
to source birds with minimal to no lesions or tumors. Further, any
organ or other part of a carcass affected by a tumor where there is
evidence of metastasis or that the general condition of the bird has
been affected by the size, position, or nature of the tumor will be
condemned under 9 CFR 381.87. Thus, the economic incentive to vaccinate
flocks and to breed leukosis-resistant birds remains.
Trimming Lesions
Comment: An individual asked if FSIS inspectors will reduce an
establishment's evisceration line speed if they observe tumors on
carcasses after the establishment has conducted any trimming or other
preparation on the carcass.
Response: Inspectors-In-Charge (IICs) assess whether inspectors can
adequately inspect each carcass at the line speed the establishment
operates. 9 CFR 381.76, 381.67, and 381.69 contain the regulations for
proper presentation for each type of slaughter system and for line
speeds based on the health of each flock and the manner in which birds
are being presented to the inspector. IICs have the authority to stop
or slow line speeds to ensure that establishments maintain process
control and online inspection personnel can perform post-mortem
inspection of each poultry carcass. Line speed reductions may be
necessary when online inspection personnel require additional time to
perform post-mortem inspection including if a flock has a high number
of carcasses with disease or other conditions. Any inspection personnel
may stop the line when necessary to ensure that avian leukosis is
trimmed and that a safe and unadulterated product is produced.
Costs
Comment: An individual commented that the savings associated with
the proposed rule were not sufficient to justify treating avian
leukosis lesions as a trimmable condition.
Response: The Agency disagrees. These regulatory changes are
estimated to be net beneficial, will reduce production costs, and will
have no impact on public health. However, FSIS is not changing the
regulations solely because of the economic benefits. As explained
above, FSIS is changing the regulations because of scientific support
for treating avian leukosis as a trimmable condition.
Comment: An individual commented that the economic analysis does
not include all potential cost savings. According to the commenter, the
proposed changes could prevent establishments from having to condemn
entire batches of parts if the parts were comingled with parts from a
single condemned carcass.
Response: FSIS is aware the proposed rule may benefit industry in
multiple ways. However, due to data limitations, the cost benefit
analysis only monetized the cost savings associated with the condemned
carcasses.
Comment: A consumer group stated that there are methods to test for
avian leukosis and keep it out of the food supply chain, but industry
does not implement these testing methods for economic reasons.
Response: The proposed rule does not change the economics
associated with the growers' decision to use these tests. Infected,
unvaccinated birds may still
[[Page 55911]]
become affected with lesions or tumors and condemned under 9 CFR 381.87
or product from these birds could be trimmed. The condemnation of the
entire carcass will still incentivize growers to continue with the
common commercial practice to vaccinate each chicken flock for Marek's
Disease and to breed leukosis-resistant birds. Furthermore,
establishments would still be motivated to purchase vaccinated birds to
avoid potential labor costs and loss of efficiency associated with
trimming affected carcasses.
Establishments Producing Fowl
Comment: One individual asked how FSIS intends to handle treating
avian leukosis as a trimmable condition in any mature fowl
establishments operating under NPIS.
Response: These establishments will be treated the same as young
chicken establishments operating under NPIS.
Inspection Resources
Comment: A consumer group noted that under NPIS, establishment
employees are responsible for removing tumors. The commenter argued
that the Agency has made no determination that identifying the tumors
is feasible at allowed line speeds.
Response: Under this final rule, avian leukosis will be treated as
other trimmable defects. FSIS has determined that establishments are
able to effectively maintain process control while removing trimmable
defects at 175 bpm in HACCP Inspection Models Project (HIMP)
establishments (see 79 FR 49565, 49572).\7\ Establishments will need to
adjust line speeds to ensure they maintain process control and their
employees have enough time to trim defects from affected carcasses. If
FSIS inspection program personnel find that establishment employees are
not properly maintaining process control and trimming defects then, as
explained above, FSIS inspection personnel have the authority to stop
or slow the evisceration line.
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\7\ Evaluation of HACCP Inspection Models Project (HIMP)
(usda.gov).
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Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety benefits, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been designated as a ``non-significant'' regulatory
action under section 3(f) of E.O. 12866. Accordingly, the final rule
has not been reviewed by the Office of Management and Budget under E.O.
12866.
Economic Impact Analysis
FSIS did not receive any public comments that would require
revising the cost benefit analysis. FSIS updated the average weight and
price of young chicken to reflect the impact of the final rule in 2021
dollars. This final rule will benefit all poultry slaughter
establishments by decreasing the number of carcasses condemned for
leukosis. In 2019, young chicken represented 96 percent of total
poultry slaughtered and 87 percent of poultry condemned from leukosis.
FSIS used young chicken slaughter totals to estimate the expected
benefits for this rule. An average of 62,445 young chicken carcasses,
which represents less than 0.01 percent of total young chicken
slaughtered,\8\ were condemned every year for leukosis, based on Agency
data from 2015 to 2019.\9\ Based on data from the NCC and the USDA
Economic Research Service, the 2021 market weight of a young chicken
was 6.46 pounds \10\ and the 2021 average wholesale price was $1.01 per
pound.\11\ As such, these chickens would have a wholesale value of
roughly $407,429 in 2021. Allowing establishments to address leukosis
by trimming affected areas, rather than condemning the entire carcass,
would result in industry cost savings of at least $407,429 per year.
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\8\ On average, from 2015 to 2019 about 9 billion young chicken
were slaughtered each year.
\9\ FSIS used data from the Public Health Information System
(PHIS). PHIS is FSIS's electronic data analytic system, used to
collect, consolidate, and analyze data in order to improve public
health.
\10\ National Chicken Council: Market Weight pounds, live
weight: https://www.nationalchickencouncil.org/statistic/us-broiler-performance/. Accessed on October 6, 2022.
\11\ USDA: Economic Research Service: Live Stock Meat: Domestic
Data Whole sale price: 2021 Average: Broilers (cents/lb.) National
Comp.: https://www.ers.usda.gov/data-products/livestock-meat-domestic-data/livestock-meat-domestic-data/#Wholesale%20Prices.
Accessed on October 6, 2022.
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The final rule will also remove a potential barrier for young
chicken establishments that want to convert to the NPIS by eliminating
the need to reconfigure lines and make other changes to provide an
inspection area for FSIS to conduct the 300-bird leukosis check.
Converting to NPIS will benefit these establishments because they would
have more flexibility to design and implement production measures
tailored to their operations. The final rule will reduce production
costs for NPIS young chicken establishments by removing the
inefficiencies associated with the current 300-bird leukosis checks,
such as automatically slowing the line if a leukosis positive flock is
identified, even if only a few carcasses demonstrated leukosis-like
lesions. Eliminating the 300-bird leukosis checks will also allow FSIS
to shift inspection resources currently required for leukosis checks to
other offline activities that are more important in ensuring food
safety.
This final rule is not expected to result in additional costs to
industry, consumers, or FSIS.
Regulatory Flexibility Act Assessment
The FSIS Administrator certifies that, for the purposes of the
Regulatory Flexibility Act (5 U.S.C. 601-602), this final rule will not
have a significant economic impact on a substantial number of small
entities in the United States. The final rule will not increase costs
to the industry.
FSIS does not expect this final rule to result in costs to small
entities because establishments will not be required to change their
procedures unless they choose to address leukosis by trimming affected
areas instead of disposing of the entire carcass. Establishments will
choose actions that are beneficial to them. In 2021, total poultry
industry revenue was estimated at $76.98 billion.\12\ As such, the
estimated cost savings of $407,429 would be less than 0.01 percent of
industry revenue and would not be considered a significant economic
impact.
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\12\ United States Census Bureau: Annual Survey of Manufactures:
Summary Statistics for Industry Groups and Industries in the U.S.:
2021. ECNSVY Annual Survey of Manufactures Annual Survey of
Manufactures Area NAICS 311615: Poultry Processing. Accessed on
March 6, 2023: https://data.census.gov/table?q=311615&tid=ASMAREA2017.AM1831BASIC01.
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From 2015 to 2019, about 28 percent of the establishments that had
poultry carcasses condemned for leukosis were classified as HACCP size
small and about 15 percent were HACCP size very small.\13\ Small and
very small poultry establishments that choose to address leukosis by
trimming affected areas, will benefit from the expected cost savings
associated with this final rule.
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\13\ FSIS used data from PHIS to identify these establishments
by HACCP category.
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[[Page 55912]]
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this final rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. Under this rule: (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
administrative proceedings will be required before parties may file
suit in court challenging this rule.
Executive Order 13175
This final rule has been reviewed in accordance with the
requirements of E.O. 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult
and coordinate with tribes on a government-to-government basis on
policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly
mandated by Congress.
Environmental Impact
Each USDA agency is required to comply with 7 CFR part 1b of the
Departmental regulations, which supplements the National Environmental
Policy Act regulations published by the Council on Environmental
Quality. Under these regulations, actions of certain USDA agencies and
agency units are categorically excluded from the preparation of an
Environmental Assessment (EA) or an Environmental Impact Statement
(EIS) unless the agency head determines that an action may have a
significant environmental effect (7 CFR 1b.4 (b)). FSIS is among the
agencies categorically excluded from the preparation of an EA or EIS (7
CFR 1b.4 (b)(6)). FSIS has determined that this final rule, which
rescinds 9 CFR 381.82, 381.36(f)(3) and 381.76(b)(6)(iv), and amends 9
CFR 381.87, will not create any extraordinary circumstances that would
result in this normally excluded action having a significant individual
or cumulative effect on the human environment. Therefore, this action
is appropriately subject to the categorical exclusion from the
preparation of an environmental assessment or environmental impact
statement provided under 7 CFR 1b.4(6) of the U.S. Department of
Agriculture regulations.
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/forms/electronic-forms, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights about the nature and date of an
alleged civil rights violation. The completed AD-3027 form or letter
must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410;
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: usda.gov">program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
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:
http://www.fsis.usda.gov/federal-register.
FSIS will also announce and provide a link to it 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.
List of Subjects in 9 CFR Part 381
Poultry inspection, Poultry and poultry products, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, FSIS is amending 9 CFR
part 381 as follows:
[[Page 55913]]
Part 381--POULTRY PRODUCTS INSPECTIONS REGULATIONS
0
1. The authority citation for part 381 continues to read as follows:
Authority: 7 U.S.C. 1633, 1901-1906; 21 U.S.C. 451-472; 7 CFR
2.7, 2.18, 2.53.
Sec. 381.36 [Amended]
0
2. Amend Sec. 381.36 by removing and reserving paragraph (f)(3).
Sec. 381.76 [Amended]
0
3. Amend Sec. 381.76 by removing paragraph (b)(6)(iv).
Sec. 381.82 [Removed and Reserved]
0
4. Remove and reserve Sec. 381.82.
0
5. Revise Sec. 381.87 to read as follows:
Sec. 381.87 Tumors.
(a) Tumors, including those possibly caused by avian leukosis
complex, may be trimmed from any affected organ or other part of a
carcass where there is no evidence of metastasis or that the general
condition of the bird has been affected by the size, position, or
nature of the tumor. Trimmed carcasses otherwise found to be not
adulterated shall be passed as human food.
(b) Any organ or other part of a carcass which is affected by a
tumor where there is evidence of metastasis or that the general
condition of the bird has been affected by the size, position, or
nature of the tumor, must be condemned.
Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2023-17451 Filed 8-16-23; 8:45 am]
BILLING CODE 3410-DM-P
