[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Rules and Regulations]
[Pages 49166-49171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23193]
[[Page 49165]]
_______________________________________________________________________
Part XII
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Parts 55 and 59
Voluntary and Mandatory Egg and Egg Products Inspection; Final Rule
Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 /
Rules and Regulations
[[Page 49166]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 55 and 59
[Docket No. PY-93-001]
RIN 0581-AA58
Voluntary and Mandatory Egg and Egg Products Inspection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the regulations implementing the
voluntary and mandatory egg and egg products inspection programs
authorized by the Agricultural Marketing Act of 1946, as amended, and
the Egg Products Inspection Act in response to new technology and
current production and processing practices within the egg products
industry. The revisions redefine dirty eggs; define nest-run eggs and
washed ungraded eggs; and clarify the type of facilities and equipment
to be supplied to the grader/inspector, officially identifying
products, appeal procedures, equipment requirements, sanitizing shell
eggs prior to breaking, and general operating procedures. The revisions
also provide for less than quarterly visits to hatcheries and update
the types of nonallowed discrimination in providing service.
EFFECTIVE DATE: October 23, 1995.
FOR FURTHER INFORMATION CONTACT: Larry W. Robinson, Chief, Grading
Branch, 202/720-3271.
SUPPLEMENTARY INFORMATION: This rule has been determined to be not
significant for purpose of Executive Order 12866 and therefore has not
been reviewed by OMB.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule would not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
The Administrator, Agricultural Marketing Service (AMS), has
determined that this rule will not have a significant economic impact
on a substantial number of small entities, as defined by the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
The information collection requirements contained in 7 CFR Parts 55
and 59 have been approved by the Office of Management and Budget and
assigned OMB Control Numbers 0581-0146 and 0581-0113, respectively,
under the Paperwork Reduction Act of 1980.
Background
The rule encompasses amendments for two separate, but related
regulations. Regulations for voluntary inspection of egg products and
grading (7 CFR Part 55) are authorized by the Agricultural Marketing
Act of 1946, as amended, (AMA) (7 U.S.C. 1621-1627). These regulations
cover several types of inspection and grading activities and product
identification or certification which are not covered by the mandatory
inspection regulations. Regulations for the mandatory inspection of
eggs and egg products (7 CFR Part 59) are authorized by the Egg
Products Inspection Act (EPIA) (21 U.S.C. 1034). The regulations
require and provide for the continuous inspection of the processing of
egg products and the control and disposition of restricted eggs. The
EPIA and regulations were designed to provide a safe food source for
the consuming public. The revisions will clarify and update the
regulatory provisions commensurate with changes in industry technology
and marketing practices, or are editorial in nature.
For the voluntary inspection program, the amendments update the
types of prohibited discrimination (Sec. 55.11). They specify the
facilities and equipment to be provided for sampling, weighing, and
examination of product and the office space and equipment to be
furnished (Sec. 55.95). Alternative work schedules also are provided
(Sec. 55.96). The amendments provide for application of the official
plant number at alternative locations on official labels (Sec. 55.310)
and specify the permitted disposition of labels and packaging materials
bearing official identification when inspection service is terminated
by USDA (Sec. 55.330). The amendments also clarify appeal gradings and
inspections including certificate issuance (Sec. 55.410 through
Sec. 55.460).
For the mandatory inspection program, the amendments redefine dirty
eggs by deleting the term prominent stains. The amendments also define
nest-run eggs and washed ungraded eggs (Sec. 59.5). The amendments also
update the types of nonallowed discrimination (Sec. 59.17). The
amendments provide a minimum of one visit each fiscal year to
hatcheries since present operating practices pose minimal risk of
incubator reject eggs or other restricted eggs from these operations
entering consumer channels (Sec. 59.28). In official egg products
plants, the amendments define or specify the following: time of
inspection, basis of billing, and the type of facilities and equipment
to be furnished by the plant (Secs. 59.122 through 59.136). The
amendments clarify the conditions under which labeling of product is to
be corrected in the appeal procedure (Secs. 59.300 through 59.360).
They also clarify the labeling requirements with regard to approval,
format, terminology, identification, and disposition (Secs. 59.411
through 59.417). In addition, the amendments expand on equipment
requirements and general plant operational procedures, including the
shipment of nondenatured inedible, use of approved compounds, candling
and transfer room facilities, and equipment and egg sanitizing
requirements (Secs. 59.502 through 59.515) due to changes in industry
technology. The amendments also provide for liquid egg cooling and
frozen egg defrosting with a definition of ``cold tap water''
(Secs. 59.530 through 59.539). The disposition of restricted eggs and
the labeling and sale of nest-run and washed ungraded eggs are further
defined (Secs. 59.720 through 59.801). The section dealing with
imported shell eggs and egg products is revised to require that the
date of production be provided for shell eggs, to exempt certain shell
eggs imported for breaking from primary container labeling
requirements, and to clarify the provisions for relabeling imported egg
products. (Secs. 59.900 through 59.956).
Comments
AMS published proposed revisions in the Federal Register (60 FR
20054) on April 24, 1995, to the Regulations Governing the Voluntary
Inspection of Egg Products and Grading in 7 CFR part 55 and to the
Regulations Governing the Inspection of Eggs and Egg Products in 7 CFR
part 59. A 60-day comment period was provided. Effective May 28, 1995,
the voluntary and mandatory egg products inspection program activities
were transferred from AMS to the Food Safety and Inspection Service
(FSIS). AMS retained authority under EPIA for the shell egg
surveillance program. This program requires quarterly visits to egg
packers and hatcheries to determine the disposition of certain types of
undergrade eggs.
In response to the notice of proposed rulemaking, AMS received
sixteen comments, the majority of which addressed the shell egg
surveillance portion of the regulations. The comments were received
from six industry members, six State Governments, two industry
associations, one university, and one State Government organization.
[[Page 49167]]
Three commenters expressed overall support of the proposal.
Several commenters responded to the proposal to change the number
of inspection visits to hatcheries from each calendar quarter to once
each fiscal year. Three commenters supported the proposal; one
commenter supported the proposal, but questioned if even one visit a
year was necessary; one commenter recommended eliminating all visits to
hatcheries; and three commenters objected to the change because they
believed that the reduced visits would increase the likihood of
incubator rejects and other restricted eggs entering consumer channels.
When the regulations implementing the EPIA were promulgated, the
Agency determined that hatcheries should be subject to quarterly
inspections similar to shell egg packers packing eggs for the ultimate
consumer. Hatcheries, in addition to supplying chicks to the poultry
industry traditionally sold surplus shell eggs to the consuming public.
Likewise, before the enactment of the EPIA, hatcheries could legally
process restricted eggs into egg products which were sold for human
consumption.
As the industry evolved from many small independent hatcheries to a
fewer number of very large integrated firms, the volume of shell eggs
supplied to consumer channels by hatcheries has diminished
significantly. Additionally, incidents involving hatcheries processing
restricted eggs for human consumption are a rare exception.
The Agency also considered other issues when it proposed reducing
the required number of inspection visits to hatcheries. These
considerations included recent reviews of the quarterly inspection
reports which revealed only a few minor violations, such as
recordkeeping and labeling; the increased emphasis and importance of
biosecurity at all hatchery facilities; and a potential cost savings
which would result from fewer visits to hatcheries.
Under the revision, hatcheries will be subject to a minimum of one
inspection visit each fiscal year. However, if at anytime, the Agency
has reason to believe that a hatchery is in violation of the EPIA and
its regulations, the Agency is authorized to perform as many inspection
visits as necessary to assure that the hatchery or any egg handler, for
that matter, is in compliance with the Act.
The Agency is not making any changes as a result of the comments
made in response to this revision. The regulations authorize and the
Agency believes that inspection visits to hatcheries are an important
vital part of its regulatory responsibilities. The revision reduces the
number of required visits to a frequency that is in accordance with the
current makeup of the industry while not limiting the Agency's ability
to perform inspection visits and administer the program.
One commenter recommended utilizing funds saved by the reduction of
inspection visits to hatcheries to perform inspection visits to
distributors.
We did not accept the recommendation. In 1987, the Agency
discontinued inspection visits to wholesalers/distributors except in
cases such as performing destination gradings or following up on an
alleged violation of the EPIA. The Agency decided to concentrate its
inspection activities on the egg handlers packing eggs destined for the
ultimate consumer and does not plan to resume routine inspection visits
to wholesalers/distributors at this time except on a case-by-case
basis. Funds saved will be used to administer other segments of the
shell egg surveillance program in the most cost effective manner.
One commenter recommended revising the proposed definition of
washed ungraded eggs to include ``except some dirties or other obvious
undergrades may have been removed.''
The Agency did not accept the recommendation because the suggested
addition did not describe washed ungraded eggs. The suggested addition
more correctly describes nest-run eggs for which it is appropriate to
remove obvious dirties and undergrade eggs to facilitate egg grading
and/or processing. Washed ungraded eggs do not require this exception
because dirties and undergrades have been either already eliminated by
the washing operation or previously removed if the eggs were packed as
nest-run.
One commenter expressed support of the proposal to revise the
definition of dirty eggs and recommended that containers used to
transport washed ungraded eggs be labeled with the size of the eggs in
the lot to facilitate the standardization of total solids of liquid
whole eggs.
We did not accept the recommendation to allow washed ungraded shell
eggs to be identified by size because any such further identification
could indicate that the product was intended for consumer sales by
obscuring the fact that the product was nest-run eggs which had not
been graded for quality. The purpose of defining washed ungraded shell
eggs was to categorize shell eggs from inline operation facilities
which could not be defined as nest-run eggs because they had been
washed. In many inline operations, shell eggs move through washing
equipment as part of the collection process. Management determines at a
later time if the washed product will be sized and graded for quality
or sold as a washed ungraded product.
One commenter expressed support for the revisions but recommended
that the addition of previously frozen egg or egg products to
unpasteurized liquid be permitted for the purpose of complying with
liquid cooling requirements.
The Agency did not accept this recommendation. The addition of
previously frozen egg or egg products to liquid product (either
pasteurized of unpasteurized) for the purpose of complying with liquid
cooling requirements is not a recommended good manufacturing practice
due to the potential for contamination of the resultant liquid. We find
it inappropriate to approve a procedure which has the potential to
contaminate a product even if the product is subject to further
processing (pasteurization).
One commenter generally supported the revisions but questioned the
elimination of ``or prominent stains'' from the definition of dirty
egg.
The Agency is making this change to make the regulations consistent
with the language of the EPIA. Since the EPIA does not define dirty by
prominent stains, the regulations should not include a stain criteria
in its definition.
The commenter also took exception to the removal of the last
sentence of 7 CFR 59.155.
When the Egg Products Inspection Act took effect on July 1, 1971,
the subject sentence provided plants the authority to maintain
possession of any egg products they had processed prior to July 1,
1971, and their inauguration of service. The sentence is out-of-date
and obsolete and will be removed from the regulations.
Additionally, the commenter suggested that the word ``place'' in
new paragraph 7 CFR 59.350(a) was too restrictive and that we should
consider using ``establishment'' instead.
We did not accept this recommendation. The term ``place'' generally
means any location where product is located, whereas the term
``establishment'' generally means the location of a business or firm
where product is located. Accordingly, ``place'' is the least
restrictive term to use when describing the location of product.
The Agency is also withdrawing from the final rule the proposal to
define a recognized laboratory and a split sample (Sec. 59.5), the
proposal to provide an alternate operating schedule (Sec. 59.124), the
proposal to specify the requirements
[[Page 49168]]
for blueprints, changes and approval (Sec. 59.146), and the proposal to
specify the sampling of egg products (Sec. 59.580 (b), (d), and (e)).
The current regulations for these sections will not be amended at this
time pending further review by FSIS.
With the exception of the above changes, the regulatory text
contained in the proposed rule is hereby adopted.
List of Subjects
7 CFR Part 55
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
7 CFR Part 59
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
For reasons set forth in the preamble, title 7, Code of Federal
Regulations, Parts 55 and 59 are amended as follows:
PART 55--REGULATIONS GOVERNING THE VOLUNTARY INSPECTION OF EGG
PRODUCTS AND GRADING
1. The authority citation for Part 55 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
Sec. 55.11 [Amended]
2. Section 55.11 is amended by removing the words ``or national
origin'' and adding in its place ``national origin, age or
disability''.
3. Section 55.95 is revised to read as follows:
Sec. 55.95 Facilities and equipment to be furnished for use of graders
and inspectors in performing service on a resident inspection basis.
(a) Facilities and equipment for proper sampling, weighing,
examination of products and monitoring processing procedures shall be
furnished by the official plant for use by inspectors and graders. Such
facilities and equipment shall include but not be limited to a room or
area suitable for sampling product, and acceptable candling light,
flashlight, heavy duty, high speed drill with an eleven sixteenths-inch
or larger bit of sufficient length to reach the bottom of containers
used for frozen eggs, metal stem thermometer(s), test thermometer(s),
stop watch, test weighing scale(s) and test weight(s), test kit for
determining the bactericidal strength of sanitizing solutions, and
stationary or adequately secured storage box or cage (capable of being
locked only by the inspector) for holding official samples.
(b) Acceptable furnished office space and equipment, including but
not being limited to, a desk, lockers or cabinets (equipped with a
satisfactory locking device) suitable for the protection and storage of
supplies, and with facilities for inspectors and graders to change
clothing.
4. Section 55.96 is amended by adding a sentence before the last
sentence and revising the last sentence of the section to read as
follows:
Sec. 55.96 Schedule of operation of official plants.
* * * * *
As an alternative, the normal operating schedule shall consist of a
continuous 10-hour period per day (excluding not to exceed 1 hour for
lunch), 4 consecutive days per week, within the administrative
workweek, Sunday through Saturday for each full shift required. Graders
are to be given reasonable advance notice by management of any change
in the hours that grading service is requested.
5. In Sec. 55.310, paragraph (b) is revised to read as follows:
Sec. 55.310 Form of official identification symbol and inspection
mark.
* * * * *
(b) The inspection marks which are permitted to be used on products
shall be contained within the outline of a shield and with the wording
and design set forth in Figure 2 of this section, except the plant
number may be preceded by the letter ``P'' in lieu of the word
``plant''. Alternatively, it may be omitted from the official shield if
applied on the container's principal display panel or other prominent
location and preceded by the letter ``P'' or the word ``Plant''.
6. In section 55.330, paragraph (c) is revised to read as follows:
Sec. 55.330 Unauthorized use or disposition of approved labels.
* * * * *
(c) Upon termination of inspection service in an official plant
pursuant to the regulations in this part, all labels or packaging
material bearing official identification to be used to identify product
packed by the plant shall either be destroyed, or have the official
identification completely obliterated under the supervision of a USDA
representative, or, if to be used at another location, modified in a
manner acceptable to the Service.
7. In Sec. 55.410, paragraph (b) is amended by removing the words
``in the regional office'' and adding in its place ``with the Regional
Director in the region'', and revising the heading of paragraph (a) to
read as follows:
Sec. 55.410 Where to file an appeal.
(a) Appeal of resident grader's or inspector's grading or decision
in an official plant. * * *
8. Section 55.420 is revised to read as follows:
Sec. 55.420 How to file an appeal.
The request for an appeal grading or inspection or review of a
grader's or inspector's decision may be made orally or in writing. If
made orally, written confirmation may be required. The applicant shall
clearly state the identity of the product, the decision which is
questioned, and the reason(s) for requesting the appeal service. If
such appeal request is based on the results stated on an official
certificate, the original and all copies of the certificate available
at the appeal grading or inspection site shall be provided to the
appeal grader or inspector assigned to make the appeal grading or
inspection.
Sec. 55.430 [Amended]
9. Section 55.430 is amended by adding after the words ``or not
substantial,'' the words ``class, quality, quantity,'' and removing the
word ``such'' after the words ``reason(s) for''.
10. Section 55.450 is amended by redesignating paragraphs (a) and
(b) as paragraphs (b) and (c) and adding a new paragraph (a) to read as
follows:
Sec. 55.450 Procedures for selecting appeal samples.
(a) Prohibition on movement of product. Products shall not have
been moved from the place where the grading or inspection being
appealed was performed and must have been maintained under adequate
refrigeration, when applicable.
* * * * *
11. In Sec. 55.460, the last sentence is revised to read as
follows:
Sec. 55.460 Appeal certificates.
* * * * *
When the appeal grader or inspector assigns a different class to
the lot or determines that a net weight shortage exists, the lot shall
be retained pending correction of the labeling or approval of the
product disposition by the National Supervisor.
PART 59--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS
INSPECTION ACT)
12. The authority citation for part 59 continues to read as
follows:
Authority: 21 U.S.C. 1031-1056.
13. Section 59.5 is amended by revising the definition for the term
``Dirty egg'' or ``Dirties''; adding
[[Page 49169]]
alphabetically two new terms; and by removing the word ``salmonella''
and adding the word ``Salmonella'' in its place everywhere it appears
in the Part.
Sec. 59.5 Terms defined.
* * * * *
Dirty egg or ``Dirties'' means an egg(s) that has an unbroken shell
with adhering dirt or foreign material.
* * * * *
Nest-run eggs means eggs which are packed as they come from the
production facilities without having been washed, sized and/or candled
for quality, with the exception that some checks, dirties, or other
obvious undergrades may have been removed.
* * * * *
Washed ungraded eggs means eggs which have been washed but not
sized or segregated for quality.
* * * * *
Sec. 59.17 [Amended]
14. Section 59.17 is amended by removing the words ``or national
origin'' and adding in its place ``national origin, age, or
disability''.
15. Section 59.28 (a) (1) is amended by revising the last sentence
and adding an additional sentence, to read as follows:
Sec. 59.28 Other inspections.
(a) * * *
(1) * * * In the case of shell egg packers packing eggs for the
ultimate consumer (i.e., packed for direct use of household consumers,
restaurants, institutions, etc.), such inspections shall be made a
minimum of once each calendar quarter. Hatcheries are to be inspected a
minimum of once each fiscal year.
* * * * *
16. Section 59.122 is revised to read as follows:
Sec. 59.122 Time of inspection.
The inspector who is to perform the inspection in an official plant
shall be given reasonable advance notice by plant management of the
hours when such inspection will be required.
17. Section 59.130 is amended by adding two sentences at the end of
the section to read as follows:
Sec. 59.130 Basis of billing plants.
* * * In addition, fees will be charged and collected for
certifications requested by and provided for the official plant that
are not within the scope of these regulations. Unless otherwise
provided in this part, the fees to be charged and collected for any
service performed (other than an appeal) shall be based on the
applicable rates specified in the Regulations Governing the Voluntary
Inspection of Egg Products and Grading (7 CFR, 55.510 through 55.560).
18. In Sec. 59.136, the heading and paragraph (a) are revised to
read as follows:
Sec. 59.136 Facilities and equipment to be furnished by official
plants for use of inspectors in performing service.
(a) Such facilities and equipment shall include but not be limited
to a room or area suitable for sampling product, and acceptable
candling light, flashlight, heavy duty, high speed drill with an eleven
sixteenths-inch or larger bit of sufficient length to reach the bottom
of containers used for frozen eggs, metal stem thermometer(s), test
thermometer(s), stop watch, test weighing scale(s) and test weight(s),
test kit for determining the bactericidal strength of sanitizing
solutions, and stationary or adequately secured storage box or cage
(capable of being locked only by the inspector) for holding official
samples.
* * * * *
Sec. 59.155 [Amended]
19. Section 59.155 is amended by removing the last sentence of the
section.
Sec. 59.300 [Amended]
20. Section 59.300 is amended by adding immediately after the word
``class'' the word ``, quantity,''.
Sec. 59.310 [Amended]
21. In section 59.310, paragraph (a) is amended by removing the
word ``from'' in the heading and replacing it with the word ``of'', and
in the first sentence, adding a comma followed by the word
``quantity,'' immediately after the words ``determination of the
class'', and adding a comma immediately after the words ``left such
plant''.
22. Section 59.320 is revised to read as follows:
Sec. 59.320 How to file an appeal.
The request for an appeal inspection or review of an inspector's
decision may be made orally or in writing. If made orally, written
confirmation may be required. The applicant shall clearly state the
identity of the product, the decision which is questioned, and the
reason(s) for requesting the appeal service. If such appeal request is
based on the results stated on an official certificate, the original
and all copies of the certificate available at the appeal inspection
site shall be provided to the inspector assigned to make the appeal
inspection.
23. A new Sec. 59.330 is added to read as follows:
Sec. 59.330 When an application for an appeal grading or inspection
may be refused.
When it appears to the official with whom an appeal request is
filed that the reasons given in the request are frivolous or not
substantial, or that the condition of the product has undergone a
material change since the original grading or inspection, or that the
original lot has changed in some manner, or the Act or the regulations
in this part have not been complied with, the applicant's request for
the appeal inspection may be refused. In such case, the applicant shall
be promptly notified of the reason(s) for such refusal.
24. Section 59.350 is amended by redesignating paragraphs (a) and
(b) as paragraphs (b) and (c) and adding a new paragraph (a) to read as
follows:
Sec. 59.350 Procedures for selecting appeal samples.
(a) Prohibition on movement of product. Products shall not have
been moved from the place where the inspection being appealed was
performed and must have been maintained under adequate refrigeration
when applicable.
* * * * *
25. Section 59.360 is amended by revising the last sentence to read
as follows:
Sec. 59.360 Appeal inspection certificates.
* * * When the appeal inspector assigns a different class to the
lot or determines that a net weight shortage exists, the lot shall be
retained pending correction of the labeling or approval of the product
disposition by the National Supervisor.
26. Section 59.411 is amended by revising (b)(1) and (c)(3),
revising the first sentence of (c)(1) and (e), and revising the last
sentence of (e)(3) to read as follows:
Sec. 59.411 Requirement of formulas and approval of labels for use in
official egg products plants.
* * * * *
(b) * * *
(1) A statement showing by their common or usual names the kinds
and percentages of the ingredients comprising the egg product. A range
may be given in cases where the percentages may vary from time to time.
Formulas are to be expressed in terms of a liquid product except for
products which are dry blended. Also, for products to be dried, the
label may show the ingredients in the order of descending proportions
by weight in the dried form. However, the formula
[[Page 49170]]
submitted must include the percentage of ingredients in both liquid and
dried form.
* * * * *
(c) * * *
(1) The common or usual name, if any, and if the product is
comprised of two or more ingredients, such ingredients shall be listed
in the order of descending proportions by weight in the form in which
the product is to be marketed (sold), except that ingredients in dried
products (other than dry blended) may be listed in either liquid or
dried form. * * *
* * * * *
(3) The lot number or approved alternative code number indicating
date of production;
* * * * *
(e) Nutrition information may be included on labels used to
identify egg products, providing such labeling complies with the
provisions of 21 CFR part 101, promulgated under the Federal Food,
Drug, and Cosmetic Act and the Fair Packaging and Labeling Act. * * *
* * * * *
(3) * * * All labels showing nutrition information or claims are
subject to review by the Food and Drug Administration prior to approval
by the Department.
* * * * *
27. In Sec. 59.412, paragraph (b) is revised to read as follows:
Sec. 59.412 Form of official identification symbol and inspection
mark.
* * * * *
(b) The inspection mark which is to be used on containers of edible
egg products shall be contained within the outline of a shield and with
the wording and design set forth in Figure 2 of this section, except
the plant number may be preceded by the letter ``P'' in lieu of the
word ``plant''. Alternatively, it may be omitted from the official
shield if applied on the container's principal display panel or other
prominent location and preceded by the letter ``P'' or the word
``Plant''.
* * * * *
28. Section 59.415 is amended by revising the second sentence of
the introductory text to read as follows:
Sec. 59.415 Use of other official identification.
* * * The plant number may be omitted from the identification if
applied elsewhere on the container's principal display panel or other
prominent location and preceded by the letter ``P'' or the word
``plant''.
* * * * *
29. In Sec. 59.417, paragraph (c) is revised to read as follows:
Sec. 59.417 Unauthorized use or disposition of approved labels.
* * * * *
(c) Upon termination of inspection service in an official plant
pursuant to these regulations, all labels or packaging materials
indicating product packed by the plant which bear official
identification shall either be destroyed under the supervision of the
Service or, if used in another location, modified in a manner
acceptable to the Service before use.
30. In Sec. 59.502, paragraph (b) is revised to read as follows:
Sec. 59.502 Equipment and utensils; PCB-containing equipment.
* * * * *
(b) Except as authorized by the Administrator, in new or remodeled
equipment and equipment installations, the equipment and installation
shall comply with the applicable 3-A or E-3-A Sanitary Standards and
accepted practices currently in effect for such equipment.
* * * * *
31. In Sec. 59.504, the last sentence of paragraph (c) and
paragraph (h) are revised to read as follows:
Sec. 59.504 General operating procedures.
* * * * *
(c) * * * In addition, product shipped from the official plant for
industrial use or animal food need not be denatured or decharacterized,
provided, that such product is properly packaged, labeled, segregated,
and inventory controls are maintained, and that such product is shipped
under Government seal and certificate and received at the destination
location by an inspector or grader as defined in this part.
* * * * *
(h) Only germicides, insecticides, rodenticides, detergents, or
wetting agents or other similar compounds which will not deleteriously
affect the eggs or egg products when used in an approved manner and
which have been approved by the Administrator, may be used in an
official plant. The identification, storage, and use of such compounds
shall be in a manner approved by the Administrator.
* * * * *
32. In Sec. 59.506, paragraph (d) is revised to read as follows:
Sec. 59.506 Candling and transfer-room facilities and equipment.
* * * * *
(d) Candling devices of an approved type shall be provided to
enable candlers to detect loss, inedible, dirty eggs, and eggs other
than chicken eggs.
* * * * *
33. Section 59.515 is amended by removing the last sentence of
paragraph (a)(8), removing (a)(9), and removing paragraph (c).
34. A new Sec. 59.516 is added to read as follows:
Sec. 59.516 Sanitizing and drying of shell eggs prior to breaking.
(a) Immediately prior to breaking, all shell eggs shall be spray
rinsed with potable water containing an approved sanitizer of not less
than 100 ppm nor more than 200 ppm of available chlorine or its
equivalent. Alternative procedures may be approved by the Administrator
in lieu of sanitizing shell eggs washed in the plant.
(b) Shell eggs shall be sufficiently dry at time of breaking to
prevent contamination or adulteration of the liquid egg product from
free moisture on the shell.
35. In Sec. 59.530, paragraph (g) is added to read as follows:
Sec. 59.530 Liquid egg cooling.
* * * * *
(g) Previously frozen egg or egg product cannot be added to liquid
product for the purpose of complying with liquid cooling requirements.
36. In Sec. 59.539, paragraph (d)(1) is revised to read as follows:
Sec. 59.539 Defrosting operations.
* * * * *
(d) * * *
(1) Frozen eggs packed in metal or plastic containers may be placed
in running tap water (70 F deg. or lower) without submersion to speed
defrosting.
* * * * *
37. Section 59.580 is amended by revising paragraph (c) to read as
follows:
Sec. 59.580 Laboratory tests and analyses.
* * * * *
(c) Results of all analyses and tests performed under paragraphs
(a) and (b) of this section shall be provided to the inspector promptly
upon receipt by the plant. If samples of pasteurized products or heat
treated dried egg whites, in addition to those described in paragraphs
(a) and (b) of this section, are analyzed for the presence of
Salmonella, the plant shall immediately advise the inspector of any
such samples which are determined to be Salmonella positive.
* * * * *
38. In Sec. 59.720, paragraphs (a)(1) and (b) are revised to read
as follows:
Sec. 59.720 Disposition of restricted eggs.
(a) * * *
[[Page 49171]]
(1) Checks and dirties shall be labeled in accordance with
Sec. 59.800 and shipped directly or indirectly to an official egg
products plant for segregation and processing. Inedible and loss eggs
shall not be intermingled in the same container with checks and
dirties.
* * * * *
(b) Eggs which are packed for the ultimate consumer and which have
been found to exceed the tolerance for restricted eggs permitted in the
official standards for U.S. Consumer Grade B shall be identified as
required in Secs. 59.800 and 59.860 and shall be shipped directly or
indirectly:
(1) To an official egg products plant for proper segregation and
processing; or
(2) Be regraded so that they comply with the official standards; or
(3) Used as other than human food.
* * * * *
39. Section 59.800 is amended by revising the next to last sentence
to read as follows:
Sec. 59.800 Identification of restricted eggs.
* * * When eggs are packed in immediate containers, e.g., cartons,
sleeve packs, overwrapped 2\1/2\- or 3-dozen packs, etc., for sale to
household consumers under the exemptions provided for in section 59.100
(c), or (f), they shall be deemed to be satisfactorily identified in
accordance with the requirements of this part if such immediate
containers bear the packer's name and address and the quality of the
eggs. * * *
40. In Sec. 59.801, the section is revised to read as follows:
Sec. 59.801 Nest run or washed ungraded eggs.
Nest run or washed ungraded eggs are exempt from the labeling
provisions in Sec. 59.800. However, when such eggs are packed and sold
to consumers, they may not exceed the tolerance for restricted eggs
permitted in the official standards for U.S. Consumer Grade B shell
eggs.
41. In Sec. 59.905, paragraph (a) is revised to read as follows:
Sec. 59.905 Importation of restricted eggs or eggs containing more
restricted eggs than permitted in the official standards for U.S.
Consumer Grade B.
(a) No containers of restricted egg(s) other than checks or dirties
shall be imported into the United States. The shipping containers of
such eggs shall be identified with the name, address, and country of
origin of the exporter, and the date of pack and quality of the eggs
(e.g., checks, or dirties) preceded by the word ``Imported'' or the
statement ``Imported Restricted Eggs--For Processing Only In An
Official USDA Plant,'' or ``Restricted Eggs--Not To Be Used As Human
Food.'' Such identification shall be legible and conspicuous.
Alternatively, for properly sealed and certified shipments of shell
eggs imported for breaking at an official egg products plant, the
shipping containers need not be labeled, provided that the shipment is
segregated and controlled upon arrival at the destination breaking
plant.
* * * * *
Sec. 59.915 [Amended]
42. In Sec. 59.915, paragraph (b)(8) is amended by adding after the
words ``shell eggs'' the words ``, including date of pack,''.
Sec. 59.940 [Amended]
43. In Sec. 59.940, the last sentence is removed.
44. In Sec. 59.945, paragraph (b) is revised to read as follows:
Sec. 59.945 Foreign eggs and egg products offered for importation;
reporting of findings to customs; handling of products refused entry.
* * * * *
(b) Consignees shall, at their own expense, return immediately to
the collector of customs, in means of conveyance or packages sealed by
the U.S. Department of Agriculture, any eggs or egg products received
by them under this part which in any respect do not comply with this
part.
* * * * *
45. Section 59.950 is amended by revising paragraphs (a)(3) and
(a)(8), redesignating paragraph (b) as (c), and adding a new paragraph
(b) to read as follows:
Sec. 59.950 Labeling of containers of eggs or egg products for
importation.
(a) * * *
(3) The quality or description of shell eggs, including date of
pack;
* * * * *
(8) The date of production and plant number of the plant at which
the egg product was processed and/or packed.
(b) For properly sealed and certified shipments of shell eggs
imported for breaking at an official egg products plant, the immediate
containers need not be labeled, provided that the shipment is
segregated and controlled upon arrival at the destination breaking
plant.
* * * * *
46. Section 59.955 is amended by redesignating paragraph (b) as (c)
and adding a new paragraph (b) to read as follows:
Sec. 59.955 Labeling of shipping containers of eggs or egg products
for importation.
* * * * *
(b) For properly sealed and certified shipments of shell eggs
imported for breaking at an official egg products plant, the shipping
containers need not be labeled, provided that the shipment is
segregated and controlled upon arrival at the destination breaking
plant.
* * * * *
47. A new Sec. 59.956 is added to read as follows:
Sec. 59.956 Relabeling of imported egg products.
(a) Egg products eligible for importation may be relabeled with an
approved label under the supervision of an inspector at an official egg
products plant or other location. The new label for such product shall
indicate the country of origin except for products which are
reprocessed (repasteurized, or in the case of dried products, dry
blended with products produced in the United States) in an official egg
products plant.
(b) The label for relabeled products must state the name, address,
and zip code of the distributor, qualified by an appropriate term such
as ``packed for'', ``distributed by'' or ``distributors''.
Dated: September 13, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-23193 Filed 9-20-95; 8:45 am]
BILLING CODE 3410-02-P
