[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Proposed Rules]
[Pages 20054-20059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9974]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 /
Proposed Rules
[[Page 20054]]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: A review of 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 identified a number of changes which are proposed to
clarify and update the subject regulations. The proposed revisions
redefine dirty eggs; define nest-run eggs, washed ungraded eggs, egg
products split samples, and recognized laboratories; and clarify the
type of facilities and equipment to be supplied to the grader/
inspector, scheduling operations, officially identifying products,
appeal procedures, equipment requirements, sanitizing shell eggs prior
to breaking, and general operating procedures. The revisions would also
provide for less than quarterly visits to hatcheries and update the
types of nonallowed discrimination in providing service.
DATES: Comments must be received on or before June 23, 1995.
ADDRESSES: Send written comments, in duplicate, to Janice L. Lockard,
Chief, Standardization Branch, Poultry Division, Agricultural Marketing
Service, Room 3944-South, P.O. Box 96456, Washington, DC 20090-6456.
Comments may be inspected at this location between 8 a.m. and 4:30
p.m., Eastern Time, Monday through Friday, except holidays. State that
your comments refer to Docket No. PY-93-001.
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 proposed 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 AMS Administrator has determined that these proposed rules, if
promulgated, 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.), because the proposed changes
are primarily to remove obsolete material, correct erroneous wording
and otherwise clarify, update, and simplify the regulations. Further,
the revisions reflect sound manufacturing practices currently in use by
most segments of industry and impose no major new requirements.
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 proposed 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 (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. (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
Act and regulations were designed to provide a safe food source for the
consuming public. The proposed amendments for both regulations serve to
clarify and update provisions commensurate with changes in industry
technology and marketing practices, or are editorial in nature.
Proposed Changes
For the voluntary inspection program, the proposal would update the
types of prohibited discrimination (Sec. 55.11). It would 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 would be
provided (Sec. 55.96). The proposal would 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 proposed revision also
would clarify appeal gradings and inspections including certificate
issuance (Sec. 55.410 through Sec. 55.460).
For the mandatory inspection program, the proposal would redefine
dirty eggs by deleting the term prominent stains. The proposal would
also define nest-run eggs, washed ungraded eggs, egg products split
samples, and recognized laboratories. (Sec. 59.5). It also would update
the types of nonallowed discrimination (Sec. 59.17). The proposal would
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 entering consumer channels (Sec. 59.28). In
official egg products plants, it would define or specify the following:
time of inspection, schedule of operation, basis of billing, the type
of facilities and equipment to be furnished by the plant, application
for continuous inspection and the requirements for blueprints, changes
and approval (Secs. 59.122 through 59.146). The proposal would clarify
the conditions under which labeling of product is to be corrected in
the appeal procedure (Secs. 59.300 through 59.360). It also would
clarify the [[Page 20055]] labeling requirements with regard to
approval, format, terminology, identification, and disposition
(Secs. 59.411 through 59.417). In addition, the proposal expands 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. Provisions are also proposed 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 would be 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).
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 Sec. 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: [[Page 20056]]
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 alphabetically four 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.
* * * * *
Recognized Laboratory means a non-Federal laboratory which, upon
review, meets the requirements established by USDA for analysis of egg
products for the presence of Salmonella.
* * * * *
Split sample means an official sample of a pasteurized egg product
collected by an inspector and divided into duplicate portions. One
portion is to be analyzed for the presence of Salmonella by a
recognized laboratory (for surveillance purposes) and the other portion
by an AMS laboratory for comparative purposes.
* * * * *
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 59.124 is amended by adding a sentence at the end of
the section to read as follows:
Sec. 59.124 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.
18. 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).
19. In Sec. 59.136, paragraph (a) is 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) for holding official samples.
* * * * *
20. Section 59.146 is amended by redesignating paragraph (d) as
paragraph (e) and paragraph (e) as paragraph (d), revising paragraphs
(b)(1), (b)(2), (b)(7), (c), newly redesignated (d) and (e) to read as
follows, and removing paragraph (b)(8):
Sec. 59.146 Application for continuous inspection in official plants;
approval.
* * * * *
(b) * * *
(1) Applicants may obtain information or assistance from the
applicable Regional Director as to the requirements before submitting
blueprint drawings, specifications, and supplemental information.
(2) Four copies of each blueprint drawing, as specified in this
section of the complete floor plan, plot plan, supplemental
information, and specifications shall be submitted. Sheet size of the
print shall not exceed 34 by 44 inches, the wording shall be legible,
all lines sharp and clear, and properly drawn to scale. Each print
shall show the scale used, north point of the compass, and the firm
name, street, city, state, and zip code or an accurate description of
the location.
* * * * *
(7) Supplemental information may be shown as notations on the
blueprint drawings or on supplemental sheets. Supplemental information
shall include clarifying information such as sequence of processing
edible products, handling of inedible product, shell disposal, handling
of packaging material, liquid pumping systems, cleaned-in-place
systems, description of pasteurizer, description of drier, type and
efficiency of air filtration, hot water facilities, sewage disposal,
and such other notations as may be required. Specification sheets shall
indicate height of ceilings and type construction, type of floor and
wall construction, wall and partition material, that floor/wall
junctions are coved, when applicable, and number of employees who will
use each toilet room and facilities.
(c) Upon approval of the blueprints, supplemental information, and
specifications, the application for service may be approved.
(d) Final survey and plant approval: Prior to the inauguration of
continuous inspection service, a final survey of the plant and premises
shall be made by the supervisory egg products inspector to determine if
the plant is constructed and facilities are installed in accordance
[[Page 20057]] with the approved blueprints and these regulations. The
plant may be approved only when these requirements have been met.
(e) Changes and revisions of official plant: When changes are
planned in official plant construction, facilities, and equipment
covered by previously approved prints, a completely revised
blueprint(s) showing proposed alterations and additions or an overlay
print drawn to the same scale as the print to be modified or revised is
required. Blueprints as specified shall be submitted prior to beginning
new construction or alteration of existing facilities. A final survey
of the completed alterations and additions shall be made by the
supervisory egg products inspector to determine if the changes are in
accordance with approved drawings and the regulations.
Sec. 59.155 [Amended]
21. Section 59.155 is amended by removing the last sentence of the
section.
Sec. 59.300 [Amended]
22. Section 59.300 is amended by adding immediately after the word
``class'' the word ``, quantity,''.
Sec. 59.310 [Amended]
23. In Sec. 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''.
24. 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.
25. 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.
26. 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.
* * * * *
27. 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.
28. 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 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.
* * * * *
29. 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''.
* * * * *
30. Section 59.415 is amended by revising the second sentence 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''. * * *
31. 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 [[Page 20058]] 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.
32. 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.
* * * * *
33. 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.
* * * * *
34. 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.
* * * * *
35. Section 59.515 is amended by removing the last sentence of
paragraph (a)(8), removing paragraph (a)(9), redesignating paragraph
(b) as paragraph (a)(9), removing paragraph (c), and reserving
paragraph (b).
36. 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.
37. 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.
38. 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.
* * * * *
39. Section 59.580 is amended by revising the last sentence of
paragraph (b), revising paragraphs (c) and (d), and adding a new
paragraph (e) to read as follows:
Sec. 59.580 Laboratory tests and analyses.
* * * * *
(b) * * * Samples of pasteurized egg products and heat treated
dried egg whites shall be drawn from the final packaged form, in
accordance with the approved sampling plan for the plant, and submitted
for analysis to a laboratory recognized by USDA under its Laboratory
Recognition Program.
(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.
(d) USDA will draw split samples and submit a percentage of such
samples to a USDA laboratory for Salmonella analysis at USDA's expense.
The results of split samples analyzed by the recognized laboratory
shall correlate with those of the USDA laboratory, in accordance with
requirements specified in the Laboratory Recognition Program.
(e) USDA will periodically draw confirmation samples and submit
them to a USDA laboratory for analysis at USDA's expense to determine
the accuracy of the plant's tests and analyses under paragraph (a) of
this section. USDA may also draw additional samples for Salmonella
analysis at a USDA laboratory at USDA's expense.
40. In Sec. 59.720, paragraphs (a)(1) and (b) are revised to read
as follows:
Sec. 59.720 Disposition of restricted eggs.
(a) * * *
(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.
* * * * *
41. 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 Sec. 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. * * *
42. In Sec. 59.801, the section heading and first sentence are
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 [[Page 20059]] 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.* * *
43. 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.'' Alternatively, for properly sealed and certified shipments of
shell eggs imported for breaking at an official egg product plant, the
shipping containers need not be labeled, provided that the shipment is
segregated and controlled upon arrival at the destination breaking
plant. Such identification shall be legible and conspicuous.
* * * * *
Sec. 59.915 [Amended]
44. In Sec. 59.915, paragraph (b)(8) is amended by adding after the
words ``shell egg'' the words ``, including date of pack,''.
Sec. 59.940 [Amended]
45. In Sec. 59.940, the last sentence is removed.
46. 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.
47. 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.
* * * * *
48. 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.
49. 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: April 17, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-9974 Filed 4-21-95; 8:45 am]
BILLING CODE 3410-02-P
