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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices
Poultry Products Inspection Act PPIA
21 U.S.C. 454a4 to carry out the responsibilities imposed by sections 5a3, 5c, 8b, and 11e of the PPIA
21 U.S.C. 454a3, 454c, 457b, and 460e. The purpose of the Committee is to provide advice to the Secretary concerning meat and poultry inspection;
food safety; and other matters that fall within the scope of the FMIA and PPIA.
The current charter and other information about NACMPI can be found at https www.fsis.usda.gov/
policy/advisory-committees/nationaladvisory-committee-meat-and-poultryinspection-nacmpi. Membership of NACMPI is drawn from representatives of consumer groups; producers;
processors; and representatives from the meat, poultry, and egg products industries; State and local government officials; and academia.
On September 27 and 28, 2021, NACMPI will review and discuss the following two topics. First, FSIS is seeking recommendations to clarify the Agencys positions on the custom and retail exemptions to ensure that meat, poultry, and egg products produced under the exemptions are safe, wholesome, and correctly labeled and packaged. The FMIA and the PPIA
prohibit the slaughter of livestock or poultry or preparation of meat or poultry products for commerce without inspection, if such products are intended for use as human food, with specific exemptions. One such exemption, is the custom exemption at 21 U.S.C. 623a and 464c1B, which allows facilities to operate without Federal inspection if they slaughter and process livestock for the exclusive private use of the owner of the livestock, members of the owners household, or the owners nonpaying guests or employees. Custom operators must return all product derived from exempt animals to the original owner. Another exemption is the retail exemption at 21
U.S.C. 661c2 and 464a, which exempts from routine Federal inspection operations of types traditionally and usually conducted at retail stores, restaurants, and restaurant central kitchen facilities. FSIS is seeking recommendations to clarify the Agencys positions on the custom and retail exemptions to ensure that meat, poultry, and egg products produced under the exemptions are safe, wholesome, and correctly labeled and packaged.
FSIS will ask the committee to consider the following:
Custom Exemption 1. Should FSIS conduct rulemaking to set a numerical limit on the number of
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individuals allowed to co-own an animal presented for slaughter/
processing under the custom exemption provision e.g., limiting to four the number of individuals allowed to coown a market hog presented for slaughter? If so, what factors should the Agency consider, if any, to determine the limits for different amenable species?
2. Should FSIS conduct rulemaking to clarify that collectively-owned membership organizations or other firms e.g., a group of individuals residing across disparate locations organized into a livestock ownership co-op via an online platform cannot own animals for purposes of the custom exemption?
3. Should FSIS conduct rulemaking to clarify that custom operators should maintain records that demonstrate an exact correspondence between the individuals owning a particular animal prior to slaughter and the individuals receiving any part of the products derived from that animal?
Retail Exemption 1. Should 3rd parties e.g., independent contractors or delivery services be permitted to prepare meat and poultry received from restaurant and retail operations for delivery to consumers without Federal inspection being required for the retail or restaurant operation? And if so, what types of preparation should be allowed?
Examples of preparation might include warming up, defrosting, assembly of meals, cutting, or packing.
2. Should such 3rd party arrangements be allowed only in institutional settings e.g., school cafeterias, hospitals, nursing homes, or prisons?
3. Should FSIS conduct rulemaking to clarify what types of preparation are allowed, and in what settings, when 3rd parties are permitted to prepare meat and poultry received from retail and restaurant operations for delivery to consumers without Federal inspection?
Second, FSIS will ask NACMPI what actions should be taken to prevent and reduce illnesses associated with the handling or consumption of frozen, raw, stuffed NRTE poultry products, which may be breaded and par-fried and may appear RTE to consumers. Between FY
2010 and FY 2019 FSIS investigated 51
outbreaks associated with NRTE
poultry. Among those, eight outbreaks may have been associated with products that appear RTE to the consumer. These frozen, raw, stuffed NRTE chicken products, which may be breaded and par-fried and may appear RTE to consumers, had labeling identifying that
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the product was raw and included cooking instructions for preparation.
Additionally, in June 2021, there is an open multistate Salmonella Enteritidis illness outbreak possibly associated with frozen, raw, breaded stuffed chicken products with 27 cases from eight states.
FSIS will ask the committee to consider the following:
1. Given FSIS consumer research findings 1 and an open multistate Salmonella Enteritidis illness outbreak, should FSIS re-verify that companies continue to voluntarily label these products as raw in several places on the label and include validated cooking instructions?
2. What, if any, actions can FSIS take to prevent and reduce illnesses associated with the handling or consumption of these NRTE products?
For example, should FSIS:
a. Conduct exploratory sampling for pathogens and/or indicator organisms in these and other similar raw, stuffed or non-stuffed partially processed products?
b. Require establishments to apply a lethality treatment to ensure that all products are RTE?
c. Sample these products for Salmonella because consumers customarily undercook them?
d. Require establishments that produce these products to reassess their HACCP plans, in light of outbreak data?
e. Conduct targeted consumer outreach? If so, please provide some ideas on the best approaches.
FSIS will present the two issues described above to the full Committee.
The Committee will then divide into two subcommittees to discuss the issues. Each subcommittee will provide a report of their comments and recommendations to the full Committee before the meeting concludes on Thursday, September 28, 2021. An agenda will be published online before the public meeting. FSIS will finalize the agenda on or before the meeting dates and post it on the FSIS website at:
https www.fsis.usda.gov/news-events/
events-meetings.
Registration and Meeting Materials There is no fee to register for the public meeting, but pre-registration is mandatory for participants attending.
All attendees must register online at https www.fsis.usda.gov/news-events/
events-meetings.
1 https www.fsis.usda.gov/sites/default/files/
media_file/2021-04/fscrp-yr3-nrte-final-report.pdf.

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