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USDA/FSIS RIN: 0583-AD43 Publication ID: Fall 2013 
Title: Common or Usual Name for Raw Meat and Poultry Products Containing Added Solutions  
Abstract: FSIS is developing final regulations to establish a common or usual name for raw meat and poultry products that contain added solutions, and that do not meet a standard of identity. FSIS proposed to amend the meat and poultry labeling regulations to require that the common or usual name must include an accurate description of the raw meat or poultry component, the percentage of added solution, and the individual ingredients or multi-ingredient components in the solution listed in descending order of prominence by weight. The Agency also proposed that the print for all words in the common or usual name appears in a single easy-to-read type style and color, and on a single color-contrasting background. The Agency also intends to remove the standard of identity for "ready-to-cook poultry products to which solutions are added" (9 CFR 381.169). 
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 317.2 (e)    9 CFR 381.117 (h)   
Legal Authority: 21 USC 601 to 695    21 USC 451 to 470   
Legal Deadline:  None

Statement of Need: Without adequate labeling information, consumers likely cannot distinguish between raw meat and poultry product that contain added solutions and single-ingredient meat and poultry products. Added solutions are a characterizin component of a product likely to affect consumer's purchasing decisions. Therefore, to ensure that labels adequately inform consumers that a meat and poultry product contains added solutions, the Agency is establishing a common or usual name for products containing added solutions.

Summary of the Legal Basis: 21 U.S.C. 601 (n)(1), (n)(2), (n)(9); 453(h)(1), (h)(3), (h)(9).

Alternatives: 1. No Action. FSIS considered taking no action but did not select this alternative because a consumer research study submitted to the Agency showed that consumers view information about these additives as important factors in their purchasing decisions. 2. Require the word "enhanced" in the product's common or usual name, or the use of the term "enhanced" in the containing statement, e.g., "enhanced with 15 percent solution." FSIS did not select this alternative because the word implies that the product is improved by the addition of the solution. The intent of this rule is to increase transparency to consumers, not to suggest that the product is either better or worse than a raw product without the added solution. In addition, consumer research showed that the containing statement, "enhanced with up to 15 percent solution of water salt, and sodium phosphates" was preferred by fewer study participants (about 10 percent fewer) than the use of the description "contains up to 15 percent water, salt, and sodium phosphates. 3. Require that the common or usual name of the added solutions product include an accurate description of the raw meat or poultry component, the percentage of added solution, and the common or usual name of the ingredients in the solution, with all of the print in a single font size, color, and style on a single-color contrasting background (the proposed amendments). FSIS selected this alternative because it is likely to improve consumer awareness and understanding that raw meat or poultry product contains an added solution. Requiring the percentage of the solution and the ingredient of the solution as part of the common or usual name is information consumers need to make informed purchasing decisions.

Anticipated Costs and Benefits: The amendments will require establishments that manufacture raw meat and poultry products with added solution to modify or redesign the product label, effective December 2016, the Uniform Compliance Date for Food Labeling. FSIS's estimates that the one-time total cost of modifying labels for all federally inspected processors is $80. million, as central estimate. The amendments will improve public awareness of product identities by providing truthful and accurate labeling of meat and poultry products to clearly differentiate products containing added solutions from single-ingredient products. Consumers can better determine whether products containing added solutions are suitable for their personal dietary needs through increased product name prominence

Risks: None.

Action Date FR Cite
NPRM  07/27/2011  76 FR 44855   
NPRM Comment Period End  09/26/2011 
NPRM Comment Period Reopened  11/08/2011  76 FR 69146   
NPRM Comment Period End  01/09/2012 
Final Action  03/00/2014 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Rosalyn Murphy-Jenkins
Director, Labeling and Program Delivery Staff (LPDS)
Department of Agriculture
Food Safety and Inspection Service
Office of Policy and Program Development, Patriots Plaza 3, 1400 Independence Avenue SW., Room 8-148, Mailstop 5273,
Washington, DC 20250-5273
Phone:301 504-0879
Fax:202 245-4792