Condemnation of Poultry Carcasses Affected With Any Form of Avian Leukosis Complex; Recission

CourtFood Safety And Inspection Service
Citation88 FR 55909
Published date17 August 2023
Record Number2023-17451
SectionRules 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 []
                [FR Doc No: 2023-17451]
                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.
                Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 /
                Rules and Regulations
                [[Page 55909]]
                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.
                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.
                 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
                 \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.
                 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.
                 \3\ The petition and FSIS' response are available at: Petition
                to Treat Avian Leukosis as a Trimmable Condition [verbar] Food
                Safety and Inspection Service (
                 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
                [[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
                 \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, (
                 \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.
                 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:
                 \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).
                 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.
                 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
                 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.
                 \7\ Evaluation of HACCP Inspection Models Project (HIMP)
                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.
                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.
                 \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
                 \10\ National Chicken Council: Market Weight pounds, live
                weight: Accessed on October 6, 2022.
                 \11\ USDA: Economic Research Service: Live Stock Meat: Domestic
                Data Whole sale price: 2021 Average: Broilers (cents/lb.) National
                Accessed on October 6, 2022.
                 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
                 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
                 \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:
                 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.
                 \13\ FSIS used data from PHIS to identify these establishments
                by HACCP category.
                [[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, 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
                 (2) Fax: (833) 256-1665 or (202) 690-7442; or
                 (3) Email:">
                 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:
                 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: 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]]
                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]
                2. Amend Sec. 381.36 by removing and reserving paragraph (f)(3).
                Sec. 381.76 [Amended]
                3. Amend Sec. 381.76 by removing paragraph (b)(6)(iv).
                Sec. 381.82 [Removed and Reserved]
                4. Remove and reserve Sec. 381.82.
                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,
                [FR Doc. 2023-17451 Filed 8-16-23; 8:45 am]
                BILLING CODE 3410-DM-P

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