Frozen-Chicken Rule Clears USDA Hurdle : Agriculture: California’s poultry industry has long sought the revised standard on ‘fresh’ temperature.

WASHINGTON — In a decision long sought by the California chicken industry, the U.S. Agriculture Department on Wednesday backed a rule change that would prevent out-of-state growers from selling previously frozen chicken labeled as fresh.

The proposed rule would prohibit placing a “fresh” label on any poultry products that have been chilled below 26 degrees Fahrenheit--the temperature at which chicken freezes. Federal rules now allow chicken frozen as low as 1 degree to wear the “fresh” label.

The federal action seeks to resolve a long-running battle. Those supporting California chicken interests at times resorted to using rock-hard chickens as mock bowling balls to illustrate that the government’s definition of fresh chicken was totally at odds with consumers’ common sense.

The USDA has been under heavy pressure from the state’s congressional delegation and Gov. Pete Wilson’s office to adopt the 26-degree standard. At a congressional hearing last summer, the California growers sent Spago chef Wolfgang Puck to testify on the glories of fresh chicken.

“This is a great day for consumers and poultry producers who believe in honest labeling and advertising,” said Bill Mattos, president of the California Poultry Industry Federation, which has pushed for the rule change. “The USDA has done a commendable job in proposing to finally come down on the side of consumers.”

Large out-of-state producers of lower-cost chicken fought the change because under the old rule--adopted in 1959--they could ship frozen chicken labeled as fresh across the country, then thaw it out in the grocery meat counter.

The proposed rule requires that chicken chilled below 26 degrees be labeled “previously frozen,” giving consumers more information on which to base their purchases.

“The important thing about this ruling is that it levels the playing field for selling poultry in California,” Mattos said. In-state producers control 40% to 45% of the $1-billion fresh chicken market in California, he said.

While welcoming the rule change, Mattos said it won’t necessarily translate into greater sales for California growers. “I don’t know if we’ll get a larger share of the market, but we will if we attack (the market) aggressively,” he said.

The proposed rule will be published in the Federal Register on Tuesday, the beginning of a 60-day comment period during which advocates and opponents of the rule can submit arguments to the USDA. After analyzing the comments, the department will issue a final ruling, though there is no timetable for making that determination.

In 1988, the USDA’s Food Safety and Inspection Service issued a 26-degree standard, only to have it rescinded six months later after a concerted lobbying campaign was launched by the National Broiler Council and the Arkansas Poultry Federation, dominated by Tyson Foods Inc., the nation’s largest chicken producer. Owner Don Tyson has close ties to President Clinton, a former Arkansas governor.

Mattos warned that a similar effort will be mounted this time. “They will move heaven and earth to get the final rule changed,” he said.

The National Broiler Council issued a two-paragraph statement, saying it is “pleased that the U.S. Department of Agriculture has asserted its jurisdiction over the labeling of fresh poultry.” But a council spokesman made it clear that the national growers will continue to actively oppose the rule change.

“We will make our most vigorous case with cogent and logical comments,” said Bill Roenigk, a council vice president. “We believe we have very, very good arguments for our position.”

If the rule is adopted, the national growers, “with some small costs and extra efforts, will live by that rule,” Roenigk said, though the council might consider seeking legislative changes to overturn it.

The council sued to overturn a 1993 California law that set a 25-degree standard. Last month, the U.S. 9th Circuit Court of Appeals reinstated key parts of the measure, which had been temporarily blocked by a federal court last April.