[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR318.24]

[Page 279-280]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 318_ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION 
OF PRODUCTS--Table of Contents
 
                            Subpart A_General
 
Sec. 318.24  Product prepared using advanced meat/bone separation 
machinery; process control.

    (a) General. Meat, as defined in Sec. 301.2 of this subchapter, may 
be derived by mechanically separating skeletal muscle tissue from the 
bones of livestock, other than skulls or vertebral column bones of 
cattle 30 months of age and older as provided in Sec. 310.22 of this 
subchapter, using advances in mechanical meat/bone separation machinery 
(i.e., AMR systems) that, in accordance with this section, recover 
meat--
    (1) Without significant incorporation of bone solids or bone marrow 
as measured by the presence of calcium and iron in excess of the 
requirements in this section, and
    (2) Without the presence of any brain, trigeminal ganglia, spinal 
cord, or dorsal root ganglia (DRG).
    (b) Process control. As a prerequisite to labeling or using product 
as meat derived by the mechanical separation of skeletal muscle tissue 
from livestock bones, the operator of an establishment must develop, 
implement, and maintain procedures that ensure that the establishment's 
production process is in control.
    (1) The production process is not in control if the skulls entering 
the AMR system contain any brain or trigeminal ganglia tissue, if the 
vertebral column bones entering the AMR system contain any spinal cord, 
if the recovered product fails otherwise under any provision of 
paragraph (c)(1), if the product is not properly labeled under the 
provisions of paragraph (c)(2), or if the spent bone materials are not 
properly handled under the provisions of paragraph (c)(3) of this 
section.
    (2) The establishment must document its production process controls 
in writing. The program must be designed to ensure the on-going 
effectiveness of the process controls. If the establishment processes 
cattle, the program must be in its HACCP plan, its Sanitation SOP, or 
other prerequisite program. The program shall describe the on-going 
verification activities that will be performed, including the 
observation of the bones entering the AMR system for brain, trigeminal 
ganglia, and spinal cord; the testing of the product exiting the AMR 
system for bone solids, bone marrow, spinal cord, and DRG as prescribed 
in paragraph (c)(1) of this section; the use of the product and spent 
bone materials exiting the AMR system; and the frequency with which 
these activities will be performed.
    (3) The establishment shall maintain records on a daily basis 
sufficient to document the implementation and verification of its 
production process.
    (4) The establishment shall make available to inspection program 
personnel the documentation described in paragraphs (b)(2) and (b)(3) of 
this section and any other data generated using these procedures.
    (c) Noncomplying product. (1) Notwithstanding any other provision of 
this section, product that is recovered using advanced meat/bone 
separation machinery is not meat under any one or more of the following 
circumstances:
    (i) Bone solids. The product's calcium content, measured by 
individual samples and rounded to the nearest 10th, is more than 130.0 
mg per 100 g.
    (ii) Bone marrow. The product's added iron content, measured by 
duplicate analyses on individual samples and rounded to the nearest 
10th, is more than 3.5 mg per 100 g.\1\
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    \1\ The excessive iron (ExcFe) measurement for an analyzed sample is 
equal to the obtained iron (Fe) result expressed in mg/100 g measured 
and rounded to the nearest 100th or more for that sample, minus the 
product of three factors: (1) The iron to protein ratio (IPR) factor 
associated with corresponding hand-deboned product; (2) the obtained 
protein (P) result (%) for that sample; and (3) a constant factor of 
1.10. In formula, this can be written as: ExcFe = mFe - IPR x Protein x 
1.10, where ExcFe represents the excess iron, expressed in units of mg/
100 g; mFe represents the measured level of iron (Fe, mg/100 g), IPR is 
the iron to protein ratio for the appropriate hand-deboned product, and 
``Protein'' is the measured level of protein rounded to the nearest 
100th and expressed as a percentage of the total weight of the sample. 
In lieu of data demonstrating otherwise, the values of IPR to be used in 
the above formula are as follows: For beef products the value of IPR is 
equal to 0.104, except for any combination of bones that include any 
beef neckbone product, for which the value of 0.138 is to be used; for 
pork product, the IPR value is 0.052. Other IPR values can be used 
provided that the operator of an establishment has verified and 
documented the ratio of iron content to protein content in the skeletal 
muscle tissue attached to bones prior to their entering the AMR system, 
based on analyses of hand-deboned samples, and the documented value is 
to be substituted for the IPR value (as applicable) in the above formula 
with respect to product that the establishment mechanically separates 
from those bones.

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[[Page 280]]

    (iii) Brain or trigeminal ganglia. Skulls that enter the AMR system 
have tissues of brain or trigeminal ganglia.
    (iv) Spinal cord. Vertebral column bones that enter the AMR system 
have tissues of spinal cord, or the product that exits the AMR system 
contains spinal cord.
    (v) DRG. The product that exits the AMR system contains DRG.
    (2) If product that may not be labeled or used as ``meat'' under 
this section meets the requirements of Sec. 319.5 of this subchapter, 
it may bear the name ``Mechanically Separated (Species)'' except as 
follows:
    (i) If skulls or vertebral column bones of cattle younger than 30 
months of age that enter the AMR system have tissues of brain, 
trigeminal ganglia, or spinal cord, the product that exits the AMR 
system shall not be used as an ingredient of a meat food product.
    (ii) If product that exits the AMR system contains spinal cord or 
DRG from bones of cattle younger than 30 months of age, it shall not be 
used as an ingredient of a meat food product.
    (iii) If product derived from any bones of cattle of any age does 
not comply with (c)(1)(i) or (ii), it may bear a common or usual name 
that is not false or misleading, except that the product may not bear 
the name ``Mechanically Separated (Beef).''
    (3) Spent skulls or vertebral column bone materials from cattle 
younger than 30 months of age that exit the AMR system shall not be used 
as an ingredient of a meat food product.

[69 FR 1884, Jan. 12, 2004]

Subparts B-F [Reserved]