[Code of Federal Regulations]
[Title 9, Volume 2, Parts 200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR381.66]

[Page 442-448]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS--Table of Contents
 
                     Subpart I--Operating Procedures
 
Sec. 381.66  Temperatures and chilling and freezing procedures.

    (a) General. Temperatures and procedures which are necessary for 
chilling and freezing ready-to-cook poultry, including all edible 
portions thereof, shall be in accordance with operating procedures which 
insure the prompt removal of the animal heat and will preserve the 
condition and wholesomeness of the poultry and assure that the products 
are not adulterated. A description of the chilling and freezing 
procedures used at the official establishment shall be filed with the 
inspector in charge at the establishment.
    (b) General chilling requirements. (1) All poultry that is 
slaughtered and eviscerated in the official establishment shall be 
chilled immediately after processing so that the internal temperature is 
reduced to 40  deg.F. or less, as provided in paragraph (b)(2) of this 
section unless such poultry is to be frozen or cooked immediately at the 
official establishment. Eviscerated poultry to be shipped from the 
establishment in packaged form shall be maintained

[[Page 443]]

at 40  deg.F. or less, except that during further processing and 
packaging operations, the internal temperature may rise to a maximum of 
55  deg.F.: Provided, That immediately after packaging, the poultry is 
placed under refrigeration at a temperature that will promptly lower the 
internal temperature of the product to 40  deg.F. or less, or the 
poultry is placed in a freezer. Poultry which is to be held at the plant 
in packaged form in excess of 24 hours shall be held in a room at a 
temperature of 36  deg.F. or less.
    (2) Major portions of poultry carcasses, as defined in 
Sec. 381.170(b)(22), and poultry carcasses shall be chilled to 40 
deg.F. or lower within the following specified times:

------------------------------------------------------------------------
                                                                  Time
                      Weight of carcass                         (hours)
------------------------------------------------------------------------
Under 4 pounds...............................................          4
4 to 8 pounds................................................          6
Over 8 pounds................................................          8
------------------------------------------------------------------------

    (c) Ice and water chilling. (1) Only ice produced from potable water 
may be used for ice and water chilling. The ice shall be handled and 
stored in a sanitary manner. If of block type, the ice shall be washed 
by spraying all surfaces with clean water before crushing.
    (2)(i) The temperature of the chilling media in the warmest part of 
any poultry chilling system shall not exceed 65  deg.F. or the maximum 
temperature specified in the current chilling procedure filed as 
required by paragraph (a) of this section, whichever is less. Continuous 
chillers shall not be used unless a recording thermometer, with a 24-
hour recording cycle, is provided to measure the temperature in the 
warmest part of the chilling system. The temperature recorder shall be 
readily accessible. The completed temperature charts shall be furnished 
daily to the inspector.
    (ii) With respect to continuous chilling systems, the fresh water 
intake in the first section of the system, after all sections of the 
system are filled with water, shall be not less than one-half gallon per 
frying chicken and proportionately more for other classes of poultry, 
including not less than 1 gallon per turkey. Sufficient water or ice, or 
both, shall be added to sections of the chilling system other than the 
first section, to keep the chilling media clean and to provide a 
continuous overflow from each section. If there is no loss of water 
between sections, multiple section chilling systems may be connected so 
the overflow from subsequent sections serves as water intake for the 
first section. In this type of installation, the required minimum fresh 
water intake may be either in the first or the last section of the 
chilling system. Water used to fill chilling systems shall not be 
counted toward minimum requirements specified in this paragraph 
(c)(2)(ii). Continuous chillers shall not be used unless the required 
minimum fresh water intake is measured through a meter which gives 
cumulative readings, and the meter shall be readily accessible. Upon 
approval by the Administrator in specific cases, when the official 
establishment employs an acceptable method of determining the amount of 
ice added to the appropriate section of the chilling system, meltage 
from such ice may be counted toward the required minimum fresh water 
intake.
    (iii) In continuous chillers, whenever the elevators or conveyors 
removing the poultry from the chilling units are stopped, the agitation, 
either mechanical or by air, must also be stopped. In addition, unless 
the termperature of the chilling media is lowered to and maintained at 
40  deg.F. or below, poultry shall not be left in such stopped chillers 
in excess of 15 minutes.
    (iv) Major portions of poultry carcasses, as defined in 
Sec. 381.170(b)(22), may be chilled in water and ice, including chilling 
in continuous chillers. Individual parts, including but not limited to 
drumsticks, thighs, split halves, and split breasts, shall not be cooled 
in water and ice, but may be cooled in the air, or ice, or under a spray 
of water with continuous drainage.
    (v) Previously chilled poultry carcasses and major portions shall 
not be rechilled in ice and water, but may be rechilled with ice in 
continuously drained containers.
    (vi) Any owner or operator of an official establishment desiring to 
utilize a chilling system which includes water reconditioning may, by 
submitting the information and data specified in paragraphs (c)(2)(vi) 
(A) and (B) of this section, request the Administrator to

[[Page 444]]

evaluate the efficacy of the water reconditioning system to determine 
whether a reduction in fresh water intake requirements will be 
permitted: Provided, That the equipment related to the systems has been 
approved under Sec. 381.53 of subpart H of this subchapter, that 
operation of the system results in full compliance with the Act and this 
subchapter, and that the system permits effective and efficient 
monitoring. The Administrator shall approve requests in accordance with 
the following standard:

------------------------------------------------------------------------
                                                Minimum      Gallons of
                                                Percent    reconditioned
    Minimum Percent reduction of micro-          light        water to
         organisms in treated water          transmission   replace one
                                              in treated     gallon of
                                                 water      fresh water
------------------------------------------------------------------------
60.........................................            60          1.75
70.........................................            70          1.50
80.........................................            80          1.35
90.........................................            80          1.25
98.........................................            80          1.10
------------------------------------------------------------------------


Requests for approval must include:
    (A) Information specifying the equipment, as approved under 
Sec. 381.53, materials, and conditions of use incident to the system. 
Items which must be so specified include filters; rate of flow; 
pressures and/or vacuums required for suitable operation; point of exit 
from the chilling units of water to be reconditioned; point of entry 
into the chilling units of the reconditioned water; frequency of filter 
changes, back-flushing, or other system restoration; post-filter 
treatment; and any other condition the alteration of which could affect 
the effectiveness of reconditioning; and
    (B) Data demonstrating that reconditioning results in achieving and 
maintaining throughout the operating shift at least a 60 percent 
reduction in total micro-organisms, that such reduction relates within 
10 percentage points to a similar reduction in any 
coliforms,\1\ Esherichia coli \2\ and/or Salmonella spp. \3\ that may be 
present; and that light transmission of the treated water is maintained 
throughout the operating shift at no less than 60 percent of that of the 
fresh water supply.
---------------------------------------------------------------------------

    \1\ Five tube most probable number (MPN) following procedures in 
Microbiology Laboratory Guidebook, FSIS, USDA, January 1974, Section 3.4 
using 5 replicate tubes of each dilution; and computed using standard 
MPN tables.
    \2\ Five tube most probable number (MPN) using procedure in 
Microbiology Laboratory Guidebook, FSIS, USDA, January 1974, Section 3.5 
using 5 replicate tubes of each dilution; and computed using standard 
MPN tables.
    \3\ Most probable number (MPN) per 100 ml by 3 tube MPN. To each of 
three 100, 10, 1, and 0.1 ml sample portions, an equal volume of double 
strength lactose broth containng 1.2% Tergitol 7 is added. Then 
determined by procedure in Microbiology Laboratory Guidebook, FSIS, 
USDA, January 1974, Section 4.0; and computed using standard MPN tables.
---------------------------------------------------------------------------

    (3) Previously chilled poultry carcasses and major portions shall be 
maintained constantly at 40  deg.F. or below until removed from the vats 
or tanks for immediate packaging. Such products may be removed from the 
vats or tanks prior to being cooled to 40  deg.F. or below, for freezing 
or cooling in the official establishment. Such products shall not be 
packed until after they have been chilled to 40  deg.F. or below, except 
when the packaging will be followed immediately by freezing at the 
official establishment.
    (4)(i) In order to facilitate continuous processing operations, 
poultry carcasses and major parts may be held overnight in chilling 
tanks containing water-saturated ice, refrigerated water, or other 
approved cooling media that will maintain all poultry in the tanks at a 
temperature of 40  deg.F., or lower. Practices (such as reicing, 
recirculation of the chilling medium, or holding product in refrigerated 
rooms, or use of increased amounts of ice) shall be employed that will 
result in all of the poultry in the chilling tanks being maintained at a 
temperature of 40  deg.F. or lower throughout the holding period.
    (ii) Poultry which is to be held in chilling tanks in excess of 24 
hours shall at the end of the 24-hour chilling period be removed from 
the tanks and repacked in clean ice and in clean tanks which are 
continually drained, or as an alternative, the tanks shall be

[[Page 445]]

drained and reiced and placed in a cooler which will maintain all of the 
poultry in the tanks at a temperature at 40  deg.F. or below.
    (5) Giblets shall be chilled to 40  deg.F. or lower within 2 hours 
from the time they are removed from the inedible viscera, except that 
when they are cooled with the carcass, the requirements of paragraph 
(b)(2) of this section shall apply. Any of the acceptable methods of 
chilling the poultry carcass may be followed in cooling giblets. When 
continuous chillers are used to chill giblets or necks, the fresh water 
intake in the chiller shall be not less than 1 gallon per 40 frying 
chickens processed, and shall be proportionately increased for other 
classes of poultry. When necks are chilled together with giblets, the 
minimum fresh water intake shall be not less than 1 gallon per 20 frying 
chickens processed and shall be proportionately increased for other 
classes of poultry. The required minimum fresh water intake in giblet 
and neck chillers shall be measured through a meter which gives 
cumulative readings, and the meter shall be readily accessible. In 
continuous giblet or neck chillers, the temperature of the chilling 
medium shall not exceed 36  deg.F. in the warmest part of the system.
    (d) Moisture absorption and retention limits. (1) Poultry washing, 
chilling, and draining practices and procedures shall be such as will 
minimize moisture absorption and retention at time of packaging.
    (2) With respect to ready-to-cook poultry that is to be frozen, 
cooked, or consumer packaged, as whole poultry, the maximum moisture 
absorption and retention during washing, chilling, and draining 
processes shall not exceed, at the last readily accessible point at 
which the poultry carcasses can be selected for testing prior to 
packaging, the percentage limits set forth in the following tables.

    Table 1--Maximum Moisture Absorption and Retention Limits for All
 Classes of Poultry, Other Than Turkeys, To Be Consumer Packaged, Frozen
                       or Cooked as Whole Poultry
------------------------------------------------------------------------
                                                       Average percent
                                                     increase in weight
                                                       over weight of
                                                      carcass prior to
   Average ready-to-cook carcass weight prior to     final washer (less
       final washer (less necks and giblets)         necks and giblets)
                                                   ---------------------
                                                      Zone A     Zone B
                                                       \1\        \1\
------------------------------------------------------------------------
Chickens 4\1/4\ lbs. and under....................        8.0        8.7
Chickens over 4\1/4\ lbs. and all other classes of        6.0        6.7
 poultry other than turkeys.......................
------------------------------------------------------------------------
\1\ Product shall be retained if, out of five consecutive tests more
  than one test exceeds the Zone A limits or any test exceeds the Zone B
  limits. These zone limits were based on a statistical analysis of
  variation between individual birds with regard to moisture absorption.
  With these limits the chance of passing a lot with average moisture at
  or above the Zone A limit is less than 15 percent. A lot with average
  moisture at or above the Zone B limit would have virtually no chance
  of passing.


    Table 2--Maximum Moisture Absorption and Retention Limits for All
   Turkeys To Be Consumer Packaged, Frozen or Cooked as Whole Poultry
------------------------------------------------------------------------
                                                       Average percent
                                                     increase in weight
                                                       over weight of
                                                      carcass prior to
   Average ready-to-cook carcass weight prior to     final washer (less
       final washer (less necks and giblets)         necks and giblets)
                                                   ---------------------
                                                      Zone A     Zone B
                                                       \1\        \1\
------------------------------------------------------------------------
8 lbs. 8 ozs. and under...........................        8.0        9.0
8 lbs. 9 ozs.-15 lbs. 15 ozs......................        6.0        6.4
16 lbs.-16 lbs. 15 ozs............................        5.8       6.05
17 lbs.-17 lbs. 15 ozs............................        5.5       5.75
18 lbs.-18 lbs. 15 ozs............................        5.3       5.55
19 lbs.-19 lbs. 15 ozs............................        5.1       5.35
20 lbs.-20 lbs. 15 ozs............................        4.9       5.15
21 lbs.-21 lbs. 15 ozs............................        4.8       5.05
22 lbs.-22 lbs. 15 ozs............................        4.6       4.85
23 lbs.-23 lbs. 15 ozs............................        4.5       4.75
24 lbs.-26 lbs. 15 ozs............................        4.4       4.65
27 lbs. and over..................................        4.3       4.55
------------------------------------------------------------------------
\1\ Product shall be retained if, out of five consecutive tests more
  than one test exceeds the Zone A limits or any test exceeds the Zone B
  limits. These zone limits were based on a statistical analysis of
  variation between individual birds with regard to moisture absorption.
  With these limits the chance of passing a lot with average moisture at
  or above the Zone A limit is less than 15 percent. A lot with average
  moisture at or above the Zone B limit would have virtually no chance
  of passing.

    (3) With respect to ready-to-cook turkey carcasses that are to be 
cut up, the maximum amount of moisture absorption and retention shall 
not exceed (at

[[Page 446]]

the time the first cut is made) the percentage limits set forth in the 
following table:

    Table 3--Maximum Moisture Absorption and Retention Limits for All
                     Classes of Turkeys To Be Cut Up
------------------------------------------------------------------------
                                                       Average percent
                                                     increase in weight
                                                       over weight of
                                                      carcass prior to
   Average ready-to-cook carcass weight prior to     final washer (less
       final washer (less necks and giblets)         necks and giblets)
                                                   ---------------------
                                                      Zone A     Zone B
                                                       \1\        \1\
------------------------------------------------------------------------
8 lbs. 8 ozs. and under...........................        9.0       10.0
8 lbs. 9 ozs.-15 lbs. 15 ozs......................        7.0        7.4
16 lbs.-16 lbs. 15 ozs............................        6.8       7.05
17 lbs.-17 lbs. 15 ozs............................        6.5       6.75
18 lbs.-18 lbs. 15 ozs............................        6.3       6.55
19 lbs.-19 lbs. 15 ozs............................        6.1       6.35
20 lbs.-20 lbs. 15 ozs............................        5.9       6.15
21 lbs.-21 lbs. 15 ozs............................        5.8       6.05
22 lbs.-22 lbs. 15 ozs............................        5.6       5.85
23 lbs.-23 lbs. 15 ozs............................        5.5       5.75
24 lbs.-26 lbs. 15 ozs............................        5.4       5.65
27 lbs. and over..................................        5.3       5.55
------------------------------------------------------------------------
\1\ Product shall be retained if, out of five consecutive tests more
  than one test exceeds the Zone A limits or any test exceeds the Zone B
  limits. These zone limits were based on a statistical analysis of
  variation between individual birds with regard to moisture absorption.
  With these limits the chance of passing a lot with average moisture at
  or above the Zone A limit is less than 15 percent. A lot with average
  moisture at or above the Zone B limit would have virtually no chance
  of passing.

    (4)(i) With respect to ready-to-cook chicken carcasses, averaging 
4\1/4\ pounds or less, that are chilled in continuous chillers and 
further aged or chilled in slush ice and water, prior to being cut up, 
the maximum amount of moisture absorption and retention shall not exceed 
(when placed on the cutup line) the percentage limits set forth in the 
following table:

average percent increase in weight over weight of carcass prior to final 
                     washer (less necks and giblets)

Zone A--10.0 \1\
Zone B--11.0 \1\ 
---------------------------------------------------------------------------

    \1\ Product shall be retained if, out of five consecutive tests, 
more than one test exceeds the Zone A limits or any test exceeds the 
Zone B limits. These zone limits were based on a statistical analysis of 
variation between individual birds with regard to moisture absorption. 
With these limits the chance of passing a lot with average moisture at 
or above the Zone A limit is less than 15 percent. A lot with average 
moisture at or above the Zone B limit would have virtually no chance of 
passing.

    (ii) With respect to ready-to-cook chicken carcasses, averaging 4\1/
4\ pounds or less, which are chilled in continuous chillers only, prior 
to being cut up, the percentage limits set forth in paragraph (d)(5) of 
this section shall apply.
    (5) With respect to ready-to-cook poultry other than that under 
paragraph (d) (3) or (4)(i) of this section that is to be ice packed, 
the maximum amount of moisture absorption shall not exceed, at the last 
readily accessible point at which the poultry carcasses can be selected 
for testing on the drip line, the percentage limits set forth in the 
following table:

  Maximum Moisture Absorption and Retention Limits for Ice Pack Poultry

average percent increase in weight over weight of carcass prior to final 
                     washer (less necks and giblets)

Zone A--12.0 \1\
Zone B--13.0 \1\

    (6) With respect to all ice pack poultry, the loss of moisture 
during holding and transportation to the first destination shall result 
in moisture retention that is within the limits, applicable to the class 
of poultry involved, set forth in Zone A of Tables 1 and 2 in paragraph 
(d)(2) of this section.
    (7) Ten-bird tests shall be conducted at least daily by inspectors 
to assure compliance with the requirements of paragraphs (d) (1) through 
(5) of this section, using procedures set forth in the Poultry 
Inspectors' Handbook. The inspectors' 10-bird test will be used to 
determine such compliance, except as additional 50-bird tests are 
required under paragraph (d)(8) of this section.
    (8) Each official establishment may make adjustments in its washing, 
chilling, and draining methods provided it submits to the inspector at 
the establishment, written notice of the proposed adjustments before any 
changes are made, and provided further, that the operator of the 
establishment, immediately after the change, selects, prepares, 
identifies, and weighs, in accordance with procedures set forth in the 
Poultry Inspectors'

[[Page 447]]

Handbook, \2\ individually a random sample of 50 ready-to-cook poultry 
carcasses prior to the final washer and again when they are removed from 
the drip line or other draining device immediately before packing. If 
the average weight of the 50 poultry carcasses taken before the final 
washer and their average weight after immediate removal from the drip 
line or draining device show that the product is in compliance with the 
Zone A moisture absorption limits, applicable to the class of poultry 
involved, set forth in this section, the adjusted methods will become 
the established washing, chilling, and draining system for the 
establishment. If the results of the weighing of the sample of 50 
carcasses show that the product exceeds the Zone A limits set forth in 
this section, the poultry will be retained in accordance with procedures 
set forth in the Poultry Inspectors' Handbook. Retained poultry shall 
not be released from the establishment until they meet the applicable 
requirements of paragraph (d) (2), (3), (4), or (5) of this section.
---------------------------------------------------------------------------

    \2\ The Poultry Inspectors' Handbook is available upon request from 
the Food Safety and Inspection Service of the U.S. Department of 
Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (9) The establishment shall provide scales, weights, identification 
devices, and other supplies necessary to conduct all moisture tests.
    (10) When poultry is ice packed in barrels or other containers, the 
barrels and containers shall be covered and shall have an adequate 
number of drain holes to permit the water to drain out. However, the 
Administrator, upon written request and under such conditions as he may 
prescribe in specific cases, may approve the shipment of poultry in 
operational type containers, such as chill tanks or lugs, from one 
official establishment to another official establishment for further 
processing.
    (11)(i) Giblets shall be handled in a manner that will prevent free 
water from being included in the giblet package. If giblet wrapping 
material is to be used, the average weight of giblet wrapping material 
shall be not more than 30 pounds per standard ream (24" x 36"--500 
sheets) when tested in accordance with the Technical Association of the 
Pulp and Paper Industry (T.A.P.P.I.) Standard T-410, except that the 
weight of such material may exceed 30 pounds per standard ream if, after 
absorption, as allowed by paragraph (d)(11)(ii) of this section, the 
material does not weigh more than the total of a 30-pound standard ream 
plus the allowable absorption increase.
    (ii) Test samples shall be conditioned in accordance with T.A.P.P.I. 
Standard T-402. The sample to be tested shall consist of 10 sheets 
representative of the shipment or lot, and individual sheets within the 
sample may vary within normal tolerance from the prescribed maximum 
weight, but the average of the sample (10 sheets) shall not weigh in 
excess of 30 pounds per standard ream (24" x 36"--500 sheets) except as 
specified above. The moisture absorption shall not exceed 200 percent of 
the dry weight of the sample (as conditions in accordance with 
T.A.P.P.I. Standard T-402) and giblet wrappers (uncreped) shall not 
exceed the following sizes or equivalents: Chickens and Ducks, 9" x 12", 
Turkeys, 12" x 14".
    (e) Air chilling. In air chilling ready-to-cook poultry, the 
internal temperature of the carcasses shall be reduced to 40  deg.F. or 
less within 16 hours.
    (f) Freezing. (1) Ready-to-cook poultry which is to be or is labeled 
with descriptive terms such as ``fresh frozen,'' ``quick frozen'' or 
``frozen fresh'' or any other term implying a rapid change from a fresh 
state to a frozen state shall be placed into a freezer within 48 hours 
after initial chilling in accordance with paragraph (b) of this section. 
During this period, if such poultry is not immediately placed into a 
freezer after chilling and packaging, it shall be held at 36  deg.F. or 
lower.
    (2) Ready-to-cook poultry shall be frozen in a manner so as to bring 
the internal temperature of the birds at the center of the package to 0 
deg.F. or below within 72 hours from the time of entering the freezer. 
Such procedures shall not apply to raw poultry product described in 
Sec. 381.129(b)(6)(i) of this subchapter.
    (3) Upon written request, and under such conditions as may be 
prescribed by the Administrator, in specific cases, ready-to-cook 
poultry which is to be frozen immediately may be moved

[[Page 448]]

from the official establishment prior to freezing: Provided, That the 
plant and freezer are so located and such necessary arrangements are 
made that the Inspection Service will have access to the freezing room 
and adequate opportunity to determine compliance with the time and 
temperature requirements specified in paragraph (f)(2) of this section.
    (4) Warm packaged ready-to-cook poultry which is to be chilled by 
immediate entry into a freezer within the official establishment shall 
within 2 hours from time of slaughter be placed in a plate freezer or a 
freezer with a functioning circulating air system where a temperature of 
-10  deg.F. or lower is maintained.
    (5) Frozen poultry shall be held under conditions which will 
maintain the product in a solidly frozen state with temperature 
maintained as constant as possible under good commercial practice.
    (6) Immersion or spray freezing equipment shall be constructed of 
noncorrosive metal or other acceptable material. Compounds used in 
immersion or spray freezing procedures shall be approved by the 
Administrator.

[37 FR 9706, May 16, 1972, as amended at 39 FR 4568, 4569, Feb. 5, 1974; 
40 FR 42338, Sept. 12, 1975; 49 FR 9411, Mar. 13, 1984; 60 FR 44412, 
Aug. 25, 1995; 63 FR 48960, Sept. 11, 1998]