[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR441.10]



[Page 665-667]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 441_CONSUMER PROTECTION STANDARDS: RAW PRODUCTS--Table of Contents

 

Sec. 441.10  Retained water.









    Authority: 21 U.S.C. 451-470, 601-695; 7 U.S.C. 450, 1901-1906; 7 

CFR 2.18, 2.53.



    Source: 66 FR 1771, Jan. 9, 2001, unless otherwise noted.





    (a) Raw livestock and poultry carcasses and parts will not be 

permitted to retain water resulting from post-evisceration processing 

unless the establishment preparing those carcasses and parts 

demonstrates to FSIS, with data collected in accordance with a written 

protocol, that any water retained in the carcasses or parts is an 

unavoidable consequence of the process used to meet applicable food 

safety requirements.

    (b) Raw livestock and poultry carcasses and parts that retain water 

from post-evisceration processing and that are sold, transported, 

offered for sale or transportation, or received for transportation, in 

commerce, must bear a statement on the label in prominent letters and 

contiguous to the product name or elsewhere on the principal display 

panel of the label stating the maximum percentage of water that may be 

retained (e.g., ``up to X% retained water,'' ``less than X% retained 

water,'' ``up to X% water added from processing''). The percent water 

statement need not accompany the product name on other parts of the 

label. Raw livestock and poultry carcasses and parts that retain no 

water may bear a statement that no water is retained.

    (c)(1) An establishment subject to paragraph (a) of this section 

must maintain on file and available to FSIS its written data-collection 

protocol. The protocol must explain how data will be collected and used 

to demonstrate the amount of retained water in the product covered by 

the protocol that is an unavoidable consequence of the process used to 

meet specified food safety requirements.

    (2) The establishment must notify FSIS as soon as it has a new or 

revised protocol available for review by the Agency. Within 30 days 

after receipt of this notification, FSIS may object to



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or require the establishment to make changes in the protocol.

    (d) Expected elements of a protocol for gathering water retention 

data:

    (1) Purpose statement. The primary purpose of the protocol should be 

to determine the amount or percentage of water absorption and retention 

that is unavoidable using a particular chilling system while achieving 

the regulatory pathogen reduction performance standard for Salmonella as 

set forth in the PR/HACCP regulations (9 CFR 310.25(b), 381.94(b)) and 

the time/temperature requirements set forth in 9 CFR 381.66. Additional 

purposes that could be included are determining chilling system 

efficiency and evaluating product quality.

    (2) Type of washing and chilling system used by the establishment. 

Any post-evisceration washing or chilling processes that affect water 

retention levels in and microbial loads on raw products should be 

described. For poultry establishments, the main chiller types, 

identified by the mechanism used to transport the birds through the 

chiller or to agitate the water in the chiller, are the drag-through, 

the screw type, and the rocker-arm type.

    (3) Configuration and any modifications of the chiller system 

components. A description of chiller-system configurations and 

modifications should be provided. The description should include the 

number and type of chillers in a series and arrangements of chilling 

system components, and the number of evisceration lines feeding into a 

chiller system. If there is a pre-chilling step in the process, its 

purpose and the type of equipment used should be accurately described. 

Any mechanical or design changes made to the chilling equipment should 

be described.

    (4) Special features in the chilling process. Any special features 

in the chilling process, such as antimicrobial treatments, should be 

described. Also, the length and velocity of the dripping line should be 

described, as well as the total time allowed for dripping. Any special 

apparatus, such as a mechanism for squeezing excessive water from 

chilled birds, should be explained.

    (5) Description of variable factors in the chilling system. The 

protocol should describe variable factors that affect water absorption 

and retention. In poultry processing, such factors are typically 

considered to be the time in chiller water, the water temperature, and 

agitation. The protocol should consider air agitation, where applicable. 

Additional factors that may affect water absorption and retention are 

scalding temperature and the pressure or amount of buffeting applied to 

birds by feather removal machinery, and the resultant loosening of the 

skin. Another factor that should be considered is the method used to 

open the bird for evisceration.

    (6) Standards to be met by the chilling system. For example, the 

chilling system may be designed simply to achieve a reduction in 

temperature of ready-to-cook poultry to less than 40 [deg]F within the 

time limit specified by the regulations, or in less time. As to the 

standard for pathogen minimization, the Salmonella pathogen reduction 

standards, as set forth in the PR/HACCP final rule, have been suggested. 

Although there is not yet an applicable Salmonella standard for turkeys, 

establishments are free to adopt practicable criteria for use in 

gathering data on turkeys under the protocols here suggested. Additional 

microbiological targets, such as E. coli or Campylobacter levels, or 

reductions in numbers of other microorganisms, may also be used.

    (7) Testing methods to be employed. The protocol should detail the 

testing methods to be used both for measuring water absorption and 

retention and for sampling and testing product for pathogen reductions. 

The protocol should call for water retention and pathogen reduction 

tests at various chilling equipment settings and chilling time-and-

temperature combinations. The method to be used in calculating water 

absorption and retention should be reproducible and statistically 

verifiable. With respect to the pathogen-reduction aspect of the 

testing, FSIS recommends the methods used for E. coli and Salmonella 

testing under the PR/HACCP regulations. The number of samples, the type 

of samples, the sampling time period, and the type of testing or 

measurement should be included in the protocol.



[[Page 667]]



    (8) Reporting of data and evaluation of results. The protocol should 

explain how data obtained are to be reported and summarized. The 

criteria for evaluating the results and the basis for conclusions to be 

drawn should be explained.

    (9) Conclusions. The protocol should provide for a statement of what 

the data obtained demonstrate and what conclusions were reached.