Voluntary and Mandatory Egg and Egg Products Inspection

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