Voluntary and Mandatory Egg and Egg Products Inspection

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