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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices Authority: Sec. 6, Pub. L. 113189, 128 Stat.
3288 22 U.S.C. Ch. 32 2152h Dated: September 16, 2021.
Lisa Schechtman, Senior Policy and Partnerships Advisor, Center for Water Security, Sanitation and Hygiene, Bureau for Resilience and Food Security, United States Agency for International Development.
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service Docket No. FSIS20180041

Availability of Kit Product Labeling Guideline Food Safety and Inspection Service, USDA.
ACTION: Notice of availability and response to comments.
AGENCY:

In July 2019, the Food Safety and Inspection Service FSIS published and requested comment on a guideline for establishments producing multicomponent kit products that contain inspected and assembled meat or poultry components. FSIS is announcing updates to this guideline and responding to comments received on the guideline. FSIS intends for this guideline to help establishments and other food handling facilities producing a multi-component food kit determine whether the kit product needs to be prepared under FSIS inspection and how to label a kit product that contains fully labeled meat or poultry components. The guideline represents current FSIS thinking, and FSIS will update it as necessary to reflect comments received and any additional information that becomes available.
ADDRESSES: A downloadable version of the kit guideline is available to view and print at: https www.fsis.usda.gov/
policy/fsis-guidelines. No hard copies of the kit guideline have been published.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant Administrator, Office of Policy and Program Development by telephone at 202 2050425.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Background FSIS administers a regulatory program under the Federal Meat Inspection Act FMIA 21 U.S.C. 601 et seq., the Poultry Products Inspection Act PPIA
21 U.S.C. 451 et seq., and the Egg Products Inspection Act EPIA 21
U.S.C. 1031 et seq. to, in part, ensure
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that that the labeling of meat, poultry and egg products is truthful and not misleading. Mandatory labeling requirements for meat and poultry products are prescribed in Title 9 of the Code of Federal Regulations CFR
section 317.2 and part 381 subpart N.
On July 9, 2019, FSIS announced the availability of and requested comment on the Food Safety and Inspection Service Guideline on Kit Labeling 84 FR
32705. FSIS developed the guideline for establishments and other food handling facilities to provide information on the labeling and inspection of multi-component food kit products that contain an inspected and assembled meat or poultry component.
There are many varieties of food kit products that contain meat or poultry products, including, but not limited to:
Wraps, pizza, stew, salads, fajitas, stroganoff, and stir-fry skillet meals.
These items are commonly sold as fully cooked, but some may require cooking.
Generally, the meat and poultry components are separately wrapped and already inspected and fully labeled before assembly with various food components in the same packaging.
As announced in the July 2019
guideline, FSIS determined that the act of assembling a food kit product whose label refers to meat or poultry in its name does not need to be done under FSIS inspection, provided that the meat or poultry component has already be inspected, packaged, and labeled and as long as the following conditions are met:
1. The meat or poultry component is prepared and separately packaged under FSIS inspection and labeled with all required features, including:
Product Name;
Handling statement e.g., Keep Refrigerated, if product is perishable;
USDA legend and establishment number of the official establishment that packaged and labeled the meat or poultry component;
Name and address of the manufacturer, packer, or distributor;
Ingredients statement if composed of more than one ingredient; and Safe handling instructions if the meat or poultry components is not ready-to-eat;
2. The outer kit label clearly identifies all the individual components in the kit;
and 3. The outer kit label clearly identifies the product as a single unit or kit such as Chicken Barbecue Dinner Kit and Beef Lasagna Meal.
Although FSIS will no longer conduct mandatory inspection of the assembly of the kit product, the meat or poultry component of the kit remains under
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FSIS jurisdiction and, as such, is required to meet all applicable FSIS
labeling requirements.
The revised guideline is posted at:
https www.fsis.usda.gov/policy/fsisguidelines. Although comments will no longer be accepted through https
www.regulations.gov/ on this guideline, FSIS will update this document as necessary if new information becomes available.
Comments and FSIS Responses FSIS received 15 comments on the kit guideline. Most comments were submitted by firms that prepare kits and trade associations that represent the meat and retail industries. In addition, FSIS received comments from an animal welfare organization, a firm that exports kit products from the United States, an FSIS employee, and several individuals.
The following is a summary of the comments and FSIS responses:
Kit Definition Comment: One consumer requested that FSIS provide a clearer definition of a kit and clarify whether Agency policy distinguishes between a kit and a meal kit. One firm that prepares kits similarly requested a clearer definition of a kit and asked for additional guidance on the distinction between a single unit and a kit.
Response: As stated in the guideline, a kit product consists of individually packaged meat or poultry components and other food components sold together as a single unit. FSIS policy does not distinguish between the terms kit, meal kit, or single unit.
Although the word kit is not required on the label, all labeling should clearly indicate that the product consists of individual components. Because this information is already stated in the guideline, FSIS did not make any changes to it in response to these comments.
Retail Exemption Comment: Several commenters, including firms that prepare kit products and trade associations representing the meat and retail food industries, requested that FSIS revise the guideline to provide clarifying or additional information about eligibility for the retail exemption from FSIS
inspection. One firm requested explanation of how the retail exemption applies to kits assembled and sold by retail grocery stores, prepared kits sold at retail, and kits sold through online marketplaces and other direct-toconsumer platforms. Several trade associations requested that FSIS clarify which meat or poultry components
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