Voluntary Shell Egg Grading

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.

-----------------------------------------------------------------------

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.

* * * * *

------------------------------------------------------------------------

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