Labeling of Raw Poultry Products.—

Sec. 732. Labeling of Raw Poultry Products.— (a) In General.— Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be used to implement or enforce the final rule related to the labeling of raw poultry products promulgated by the Food Safety and Inspection Service on August 25, 1995 (60 Fed. Reg. 44395), and the final rule shall not be effective during fiscal year 1997. (b) Final Rule.— Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall issue a revised final rule related to the labeling of raw poultry products that— (1) maintains the standard that the term “fresh” may be used only for raw poultry products the internal core temperature of which has not fallen below 26° Fahrenheit; (2) deletes the requirement that poultry products the internal core temperature of which has ever been less than 26° Fahrenheit, but more than 0° Fahrenheit, be labeled as “hard chilled” or “previously hard chilled”, except that— 110 STAT. 1601 (A) the products shall be prohibited under the rule from being labeled as “fresh” but shall not be required to bear any specific alternative labeling; and (B) nothing in this section shall be interpreted as modifying the requirements for labeling of all poultry products the internal core temperature of which has ever fallen to 0° Fahrenheit as “frozen”; (3) provides for a tolerance from the 26° Fahrenheit standard established by the rule of— (A) 1° Fahrenheit for poultry products within an official processing establishment; (B) 2° Fahrenheit for poultry products in commerce; (4) exempts from temperature testing wings, tenders, hearts, livers, gizzards, necks, and products that undergo special processing, such as sliced poultry products; and (5) in all other terms and conditions (including the period of time permitted for implementation) is substantively identical to the rule referred to in subsection (a). (c) Revised Labeling Standards.— Not later than 60 days after the issuance of a revised final rule under subsection (b), the Secretary of Agriculture, acting through the Administrator of the Food Safety and Inspection Service, shall issue a compliance directive for the enforcement of the revised labeling standards established by the rule, including standards for— (1) temperature testing that are based on measurements at the center of the deepest muscle; and (2) sampling methods that ensure that the average of individual temperatures within poultry product lots of each specific product type (such as whole birds, whole muscle leg products, and whole muscle breast products) meet the standards. (d) Severability.— If any provision of this section or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this section and of the application of the provision to any other persons or circumstances shall not be affected.