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USDA/FSIS RIN: 0583-AC51 Publication ID: Fall 2002 
Title: Meat Produced by Advanced Meat/Bone Separation Machinery and Recovery Systems 
Abstract: In 1994, the Food Safety and Inspection Service (FSIS) amended its regulations to recognize that products resulting from advanced meat/bone separation machinery comes within the definition of meat when recovery systems are operated to assure that the characteristics and composition of the resulting product are consistent with those of meat. Subsequent compliance problems and other concerns have made it apparent that the regulations are inadequate to prevent misbranding and economic adulteration. Therefore, FSIS is developing a rule to clarify the regulations and supplement the rules for assuring compliance. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 9 CFR 301.2    9 CFR 318.24 (Revision)    9 CFR 320.1(b)(10)   
Legal Authority: 21 USC 601 to 695   
Legal Deadline:  None

Statement of Need: In 1998, FSIS proposed to clarify the meat inspection regulations regarding mechanically separated meat contained in a final rule issued in December 1995. The rule would replace the present compliance program parameters with non-compliance criteria for bone and bone-related material. The rule would require, as a prerequisite to labeling or using product derived by mechanically separating skeletal muscle tissue from cattle and swine bones as meat, that establishments implement and document procedures for ensuring that their production process is in control. The proposed rule was published in 1998. FSIS intends to implement more rigid measures for central nervous system tissue and prohibiting the use of vertebral columns in the AMR final product unless the establishment can demonstrate effective process control to ensure that no spinal cord and dorsal root ganglia will be present in the final AMR product. Current FSIS policy prohibits the presence of spinal cord in AMR products but not the presence of DRG or the use of vertebral columns. In January 2002, FSIS began the first of two surveys on AMR products derived from non-vertebral and vertebral beef and pork columns.

Summary of the Legal Basis: This action is authorized under the Federal Meat Inspection Act (21 U.S.C. 601-695).

Alternatives: No action.

Anticipated Costs and Benefits: Although the 1998 proposed rule was determined to be not economically significant, FSIS restudied the projected costs using data from various FSIS data bases and other sources to develop an improved estimate of the benefits and costs of implementing the final rule. To date, it appears that the final rule will not be economically significant, but data evaluation continues. The benefit of enforcing the misbranding provisions will ensure that the product does not contain materials not consistent with boneless, comminuted meat.

Risks: None.

Timetable:
Action Date FR Cite
NPRM  04/13/1998  63 FR 17959   
NPRM Comment Period End  06/12/1998    
Final Action  09/00/2003    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Dr. Daniel L Engeljohn
Assistant Administrator, Office of Policy and Program Development
Department of Agriculture
Food Safety and Inspection Service
Room 402 Cotton Annex Building, 1400 Independence Avenue SW., 349-E JWB,
Washington, DC 20250
Phone:202 205-0495
Fax:202 720-2025
Email: daniel.engeljohn@fsis.usda.gov