[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8031]
[[Page Unknown]]
[Federal Register: April 5, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 56
[Docket No. PY-92-004]
RIN 0581-AA60
Voluntary Shell Egg Grading
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to clarify
and update the voluntary shell egg grading regulations and standards in
response to new technology and current practices in the shell egg
industry and to conform to statutory requirements. The proposed
revisions would amend existing regulations to define washed ungraded
eggs and clarify the definition of a quality assurance inspector. The
proposal would add age and disability as types of prohibited
discrimination in providing grading services. Additionally, the
proposal would clarify the type of facilities and equipment to be
supplied to a grader and the method by which cartons of eggs are to be
identified. Further revisions would update grading room requirements to
include mechanized shell egg operations and to require rinse water to
be at least as warm as wash water. In addition, the standards for
quality of individual shell eggs for B quality in U.S. Nest-Run grades
would be harmonized with the U.S. Standards for Quality of Individual
Shell Eggs for B quality, and the wholesale shell egg grades and weight
classes would be deleted.
DATES: Comments must be received on or before June 6, 1994.
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 received may be inspected at this location between 8:00 a.m
and 4:30 p.m., Eastern Time, Monday through Friday, except holidays.
State that your comments refer to Docket No. PY-92-004.
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 purposes 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 this proposed rule, 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 revisions reflect
current industry production and marketing practices.
The information collection requirements that appear in
Sec. 56.17(b) and Sec. 56.37 to be amended by the proposed rule have
been previously approved by the Office of Management and Budget and
assigned OMB Control No. 0581-0128, under the Paperwork Reduction Act
of 1980.
Background
Periodically the Poultry Division of AMS reviews its existing
regulations. As a result of a review, it was determined that several
revisions were necessary to make the shell egg standards and
regulations for grading shell eggs more useful and efficient.
The grading of shell eggs by the AMS is a voluntary program,
provided under the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1621 et seq.), and is offered on a fee-for-service basis. The
grading program is designed to assist orderly marketing of shell eggs.
Therefore, the standards must keep abreast of new technology and
advancements in production and marketing practices.
To reflect these changes, the Agency is proposing to amend the
Regulations Governing the Grading of Shell Eggs and the U.S. Standards,
Grades, and Weight Classes for Shell Eggs in 7 CFR part 56.
Proposed Changes
The proposal would redefine ``quality assurance inspector'' to
exclude from this designation a plant owner, manager, foreman, or
supervisor and to clarify that the quality assurance inspector is
authorized to examine product. The revision is necessary to eliminate
the possibility that someone with a financial interest in the product
or having managerial responsibilities would be designated as a quality
assurance inspector. The revision also would clarify that examining or
sampling product is a primary responsibility required of a quality
assurance inspector.
The proposal would also define the term ``washed ungraded eggs'' to
mean shell eggs which have been washed but not subject to any grading
or segregation for quality. This addition is necessary to facilitate
the trading, certification, and identification of shell eggs from
processing facilities where shell eggs move continuously from laying
house to processing facilities without being graded. Such shell eggs
cannot be classified as nest run eggs because they have been washed and
are not intended for consumer sales because they have not been graded.
The proposal would update the regulations to comply with current
statutory requirements regarding providing grading services and
licensing graders without discrimination due to age or disability.
The facilities and equipment which the applicant furnishes the
grader would be revised to include other facilities and equipment as
may otherwise be required. As new equipment has been developed and
installed in official plants, additional items have been required to
perform normal grading activities. The proposal would specifically
require the applicant to provide any adequate facilities and equipment
necessary to perform grading activities as changes in technology and
production practices dictate.
The proposal would revise the regulations to comply with the
Nutrition Labeling and Education Act of 1990, which requires nutrition
labeling on most foods that are regulated by the Food and Drug
Administration.
The proposal would revise the existing method of identifying
cartons to require that each officially identified carton of shell eggs
be lot numbered on either the carton or the consumer package. The
current regulations specify that the cartons shall be lot numbered on
the carton or the tape used to seal the carton. The shell egg industry
does not use tape to seal cartons in their current production
practices. This revision would update the regulations to reflect
current production practices and in addition provide flexibility to
accommodate future changes that the industry may devise for officially
identifying shell eggs.
In addition, the proposal would revise the minimum facility and
operating requirements for shell egg grading and packing plants by
updating grading room requirements. The current regulations describe
hand-candling operations which are out-of date because almost all shell
egg processing is done mechanically. Regulations are needed which
define the grading room requirements of a mechanized shell egg
processing operation. The proposed revision will specifically define
the requirements of a mechanized shell egg operation while providing
the flexibility to approve the acceptability of all grading rooms.
Shell egg cleaning operations also would be revised to require that
the temperature of the water used to spray rinse shell eggs be at least
as warm as the water used to wash the shell eggs. The current
regulations require that washed shell eggs be spray rinsed with warm
water. This revision would specify that ``warm'' means at least the
temperature of the water used to wash the shell eggs and would also
bring the regulations in line with current washing and sanitizing
practices which help reduce bacterial contamination of shell eggs. If
shell eggs are subjected to a sanitizing spray rinse which is colder
than the water used to wash them, the probability of bacterial
contamination increases because the cold water causes the shell
contents to contract which allows contaminants to be drawn through the
shell of the egg. Additionally, the revisions would specifically
authorize the National Supervisor to approve methods of sanitizing
shell eggs other than the normal spray rinse method. This revision will
provide the flexibility to accommodate future changes in the technology
of sanitizing shell eggs and to adapt to new waste management
requirements.
The Agency is proposing to delete U.S. Wholesale Grades and Weight
Classes for Shell Eggs. This is necessary because wholesale grades are
difficult to understand and are virtually unused. Almost all shell eggs
moving in commerce today are sold on the basis of the U.S. Consumer
Grades, U.S. Nest-Run Grades, company approved specifications, or sold
without certification.
The Agency is proposing to revise the existing standards for B
quality in U.S. Nest-Run Grades for shell eggs by allowing shell eggs
with pronounced ridges and thin spots to be included in the maximum
percentage tolerance permitted for B quality. The standard for B
quality currently defines abnormal in part as exhibiting pronounced
ridges and thin spots. The proposed revision would provide uniformity
between the B quality description for U.S. Nest-Run Grades and the
standards for B quality.
The proposal would revise the existing method of sealing cases by
allowing the use of 2-3 inch plastic or paper gummed tape. This change
will bring the regulations in line with current case sealing practices.
List of Subjects in 7 CFR Part 56
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
For reasons set forth in the preamble, it is proposed that title 7,
Code of Federal Regulations, part 56 be amended as follows:
PART 56--GRADING OF SHELL EGGS AND U.S. STANDARDS, GRADES, AND
WEIGHT CLASSES FOR SHELL EGGS
1. and 2. The authority citation for part 56 continues to read as
follows:
Authority: Secs. 202-208 of the Agricultural Marketing Act of
1946, as amended (60 Stat. 1087-1091; 7 U.S.C. 1621-1627).
3. Section 56.1 is amended by revising the term Quality assurance
inspector and adding alphabetically the new term Washed ungraded eggs
to read as follows:
Sec. 56.1 Meaning of words and terms defined.
* * * * *
Quality assurance inspector means any designated company employee
other than the plant owner, manager, foreman, or supervisor, authorized
by the Secretary to examine product and to supervise the labeling,
dating, and lotting of officially graded shell eggs and to assure that
such product is packaged under sanitary conditions, graded by
authorized personnel, and maintained under proper inventory control
until released by an employee of the Department.
* * * * *
Washed ungraded eggs means eggs which have been washed but not
sized or segregated for quality.
4. Section 56.3 is amended by revising paragraph (b) to read as
follows:
Sec. 56.3 Administration.
* * * * *
(b) The conduct of all services and the licensing of graders under
these regulations shall be accomplished without discrimination as to
race, color, national origin, religion, age, sex, or disability.
* * * * *
5. Section 56.17 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 56.17 Facilities and equipment for graders.
* * * * *
(b) Furnished office space, a desk and file or storage cabinets
(equipped with a satisfactory locking device), suitable for the
security and storage of official stamps and supplies, and other
facilities and equipment as may otherwise be required. * * *
* * * * *
6. Section 56.35 is amended by revising paragraph (c) to read as
follows:
Sec. 56.35 Authority to use, and approval of official identification.
* * * * *
(c) Nutritional labeling. Nutrition information must be included
with the labeling on each unit container of consumer packaged shell
eggs in accordance with the provisions of Title 21, chapter 1, part
101, Regulations for the Enforcement of the Federal Food, Drug, and
Cosmetic Act and the Fair Packaging and Labeling Act. The nutrition
information included on labels is subject to review by the Food and
Drug Administration prior to approval by the Department.
7. Section 56.36 is amended by revising the last sentence of
paragraph (b)(2) to read as follows:
Sec. 56.36 Information required on and form of grademark.
* * * * *
(b) * * *
(2) * * * The grademark shall be printed on the carton.
8. Section 56.37 is amended by revising the first sentence to read
as follows:
Sec. 56.37 Lot marking of officially identified product.
Each carton identified with the grademarks shown in Figures 2, 3,
or 4 of Sec. 56.36 shall be legibly lot numbered on either the carton
or the consumer package. * * *
* * * * *
9. Section 56.76 is amended by revising paragraphs (b) and (e)(10),
to read as follows:
Sec. 56.76 Minimum facility and operating requirements for shell egg
grading and packing plants.
* * * * *
(b) Grading room requirements. (1) The egg grading or candling area
shall be adequately darkened to make possible the accurate quality
determination of the candled appearance of eggs. There shall be no
other light source or reflections of light that interfere with, or
prohibit the accurate quality determination of eggs in the grading or
candling area.
(2) The grading and candling equipment shall provide adequate light
to facilitate quality determinations. Other light sources and equipment
or facilities shall be provided to permit the detection and removal of
stained and dirty eggs or other undergrade eggs.
(3) Adequate facilities, equipment, and light sources shall be
provided to determine the condition of packing material.
(4) Egg weighing equipment shall be provided. The egg weighing
equipment shall be constructed to permit cleaning; operation in a
clean, sanitary manner; and shall be capable of ready adjustment.
(5) Adequate ventilation shall be provided.
* * * * *
(e) * * *
(10) Washed eggs shall be spray-rinsed with water having a
temperature equal to, or warmer than, the temperature of the wash water
and contain an approved sanitizer of not less than 50 p/m nor more than
200 p/m of available chlorine or its equivalent. Alternate procedures,
in lieu of a sanitizer rinse, may be approved by the National
Supervisor.
* * * * *
10. Sections 56.226, 56.227, and 56.228 are removed and reserved.
11. Section 56.230 is revised to read as follows:
Sec. 56.230 Grade.
U.S. Nest-Run--% AA Quality shall consist of eggs of current
production of which at least 20 percent are AA quality; and the actual
percentage of AA quality eggs shall be stated in the grade name. Within
the maximum of 15 percent which may be below A quality, not more than
10 percent may be B quality for shell shape, pronounced ridges or thin
spots, interior quality (including meat or blood spots), or due to
rusty or blackish-appearing cage marks or blood stains, not more than 5
percent may have adhering dirt or foreign material on the shell \1/2\
inch or larger in diameter, not more than 6 percent may be Checks, and
not more than 3 percent may be Loss. Marks which are slightly gray in
appearance and adhering dirt or foreign material on the shell less than
\1/2\ inch in diameter are not considered quality factors. The eggs
shall be officially graded for all other quality factors. No case may
contain less than 75 percent A quality and AA quality eggs in any
combination.
12. Section 56.231 is amended by revising Table 1 to read as
follows:
Sec. 56.231 Summary of grade.
* * * * *
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U.S. nest-
Nest-run grade, run
description\1\ percent AA
quality\2\
------------------------------------------------------------------------
Minimum percentage of quality AA quality\4\................ 20
required (lot average).\3\ A quality or better\5\....... 85
Maximum percentage tolerance B quality for shell shape, 10
permitted (15 percent lot pronounced ridges or thin 6
average).\3\ spots, interior quality 3
(including blood & meat
spots) or cage marks\6\ and
blood stains.
Checks.......................
Loss.........................
Adhering dirt or foreign 5
material \1/2\ inch or
larger in diameter.
------------------------------------------------------------------------
\1\Stains (other than rusty or blackish appearing cage marks or blood
stains), and adhering dirt and foreign material on the shell less than
\1/2\ inch in diameter shall not be considered as quality factors in
determining the grade designation.
\2\The actual total percentage must be stated in the grade name.
\3\Substitution of eggs of higher qualities for lower specified
qualities is permitted.
\4\No case may contain less than 10 percent AA quality.
\5\No case may contain less than 75 percent A quality and AA quality
eggs in any combination.
\6\Cage marks which are rusty or blackish in appearance shall be
considered as quality factors. Marks which are slightly gray in
appearance are not considered as quality factors.
13. Section 56.234 is amended by revising paragraph (c) to read as
follows:
Sec. 56.234 Packaging material.
* * * * *
(c) Sealing: The tops of all cases must be closed securely so they
will not open during transportation, by applying an approximately 2-3
inch plastic or paper gummed tape over all seams (made by the closing
of the case). The tape shall extend down the sides and ends of the case
not less than 3 inches.
Dated: March 30, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-8031 Filed 4-4-94; 8:45 am]
BILLING CODE 3410-02-P
