USDA REVISES RULE DEFINING "FRESH" LABEL FOR POULTRY
                                              Release No. 0639.96

                                     Jacque Knight (202) 720-9113
                                   Johna Pierce  (202) 720-4623

USDA REVISES RULE DEFINING "FRESH" LABEL FOR POULTRY

     WASHINGTON, Dec. 17, 1996--The U. S. Department of Agriculture today
published a revised final rule that meets definitions set by Congress for
labeling terms for raw poultry products. 

     In legislation passed this summer, Congress let stand the new USDA
definition for "fresh" poultry that will apply to any raw product that has
never been below 26 degrees Fahrenheit but also directed USDA to allow a
tolerance of one degree in plants and two degrees in distribution.

     Appropriations bill language also directed USDA to delete from the
revised final rule the requirement for the terms "hard chilled" or "previously
hard chilled" for any poultry that had ever been between zero and 26 degrees. 
Poultry below zero will continue to be allowed to be labeled "frozen" in the
new revised rule. 

     The rule published today permits the use of descriptive terms for
products in the zero to 26 degree temperature range if the terms cannot be
interpreted as misbranding.  The Food Safety and Inspection Service
particularly will encourage the use of the earlier required descriptive terms,
"hard chilled" or "previously hard chilled."
     
     FSIS observed that the poultry label rule addesses a truth-in-labeling
issue, and not a food safety issue, because most bacteria do not multiply at
normal refrigerator temperatures.  The agency advises close attention to safe
food handling practices for all raw, uncooked retail meat and poultry
products.
     
     Although product labeled as "fresh" can be off by two degrees to 24
degrees and still be in compliance with the new regulation,  the average
temperature of poultry products in a lot or in a retail case must be 26
degrees when checked by FSIS in commerce. 
     
      Federal rulemaking on the labeling of raw poultry was prompted by
consumer and industry reaction to a 1989 USDA policy memo that allowed raw
poultry to be labeled "fresh" if its internal temperature was above zero but
below 40 degrees and if it had not been previously frozen at or below zero
degrees.  Ice crystals begin to form and poultry begins to harden at 24
degrees.

     The revised final rule published today will become effective in December
of 1997, permitting producers to make necessary label changes and deplete
existing stocks.    

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