Voluntary Shell Egg Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 56

[Docket No. PY-97-003]

Voluntary Shell Egg Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend the

regulations governing the voluntary shell egg grading program. The

proposed revisions would require electronic digital-display scales be

provided to the grader; provide an alternative grademark for shell

eggs; provide for the use of a ``Produced From'' grademark to

officially identify products that originate from officially graded

shell eggs; and remove the requirement for continuous overflow of water

during the egg washing process. From time to time, sections in the

regulations are affected by changes in egg processing technology. This

rule updates the regulations to reflect these changes.

DATES: Comments must be received on or before October 10, 1997.

ADDRESSES: Send written comments to Douglas C. Bailey, Chief,

Standardization Branch, Poultry Division, Agricultural Marketing

Service, U.S. Department of Agriculture, Stop 0259, 1400 Independence

Avenue, SW, Washington, D.C. 20250-0259. 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-97-003.

FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch,

202-720-3271.

SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be

not significant for purposes of Executive Order 12866 and has not been

reviewed by the Office of Management and Budget (OMB).

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. This action is not intended to have retroactive

effect. This rule will 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.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (RFA), AMS has considered the economic impact of this

action on small entities as defined in the RFA (5 U.S.C. 601). There

are almost 200 plants using the Agency's shell egg grading services and

many of them are small entities.

The proposal to require electronic digital-display scales will

affect some processors by requiring the purchase of one or more scales

that cost from $150 to $1,000 each. This equipment will improve the

accuracy of egg weight determinations, allowing processors to avoid the

expense incurred when product is unnecessarily retained and re-

processed.

One proposal to establish an alternative form of the USDA grademark

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would allow shell egg processors to use a shield displayed in three

colors to officially identify USDA graded eggs. Similarly, another

proposal would allow producers of products originating from officially

graded shell eggs to use a ``Produced From'' grademark on packaging

materials. These proposals would have no adverse economic impact on

processors.

The proposal to remove the requirement for the continuous overflow

of water during egg washing would conserve water and energy resources,

decrease operating expenses of processors, and lessen the environmental

impact of shell egg processing. This is expected to have a significant

positive economic impact on processors.

Other editorial-type changes would clarify or update the existing

regulations and would have no economic impact on entities using

voluntary shell egg grading services.

For the above reasons, the Agency has certified that this action

will not have a significant impact on a substantial number of small

entities.

The information collection requirement in Sec. 56.37 to be amended

by this rule has been previously approved by OMB and assigned OMB

Control Number 0581-0127 under the Paperwork Reduction Act of 1980.

Background and Proposed Changes

Shell egg grading is a voluntary program provided under the

Agricultural Marketing Act of 1946, as amended, and is offered on a

fee-for-service basis. It is designed to assist the orderly marketing

of shell eggs by providing for the official certification of egg

quality, quantity, size, temperature, packaging, and other factors.

Changing technology in egg processing requires that the regulations

governing shell egg grading be updated.

Grading personnel certify egg weights according to the official

U.S. weight classes. Today, the highly mechanized, state-of-the-art

equipment used to package shell eggs weighs individual eggs with high

precision to satisfy container weight requirements. For processors to

receive fair, uniform, accurate weight certification, graders need to

have similarly precise scales to certify egg weights. The Agency is

proposing to amend Sec. 56.17(a) by requiring plants to replace balance

or spring-type scales for weighing individual eggs and consumer

packages with electronic digital-display scales.

Many processors want to identify their consumer-pack USDA graded

shell eggs, or products prepared from those eggs, with a USDA

grademark. The Agency is proposing to amend Sec. 56.36 to allow

processors additional flexibility. The proposal would permit the use of

a new grademark that contains horizontal bands of three colors. It

would also provide for the use of a new ``Produced From'' grademark to

officially identify products for which there are no U.S. grade

standards (e.g., pasteurized shell eggs) that are produced from U.S.

Grade AA or Grade A shell eggs. The proposal would also remove the

option of using terms such as ``Federal-State Graded'' within the

grademark because this option is no longer used. Finally, the proposal

would clarify the organization and wording of Sec. 56.36 and would

correct references to Sec. 56.36 that are in Sec. 56.37 and Sec. 56.40.

Egg wash tanks are designed to permit the continuous inflow of

water and, when tank capacity is exceeded, the continuous outflow of

water. Because some water is lost during egg washing due to evaporation

and other causes, a continuous supply of fresh replacement water is

required in order to maintain a proper volume of wash water. A

continuous overflow of water is required by AMS to indicate that an

adequate amount of fresh replacement water is being added. However,

replacement water is not always of a sufficient volume to provide for

continuous overflow, especially at the beginning of shifts or when the

washing equipment is stopped and restarted. This situation, in addition

to new washing and egg cleaning technologies and better production

practices, brought the requirement for a continuous overflow into

question. Therefore, AMS is proposing to amend Sec. 56.76(e)(5) by

omitting the requirement for a continuous overflow of water in shell

egg washers.

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 7 CFR

part 56 be amended as follows:

PART 56--VOLUNTARY GRADING OF SHELL EGGS

1. The heading for part 56 is revised to read as set forth above.

1a. The authority citation for part 56 continues to read as

follows:

Authority: 7 U.S.C. 1621-1627.

2. In Sec. 56.17, paragraphs (a)(2) and (a)(3) are revised and new

paragraphs (a)(4) and (a)(5) are added to read as follows:

Sec. 56.17 Facilities and equipment for graders.

* * * * *

(a) * * *

(2) Electronic digital-display scales graduated in increments of 1/

10-ounce or less for weighing individual eggs and test weights for

calibrating such scales. Plants packing product based on metric weight

must provide scales graduated in increments of 1-gram or less;

(3) Electronic digital-display scales graduated in increments of 1/

4-ounce or less for weighing the lightest and heaviest consumer

packages packed in the plant and test weights for calibrating such

scales;

(4) Scales graduated in increments of 1/4-pound or less for

weighing shipping containers and test weights for calibrating such

scales;

(5) An acceptable candling light.

* * * * *

3. Section 56.36 is revised to read as follows:

Sec. 56.36 Form of grademark and information required.

(a) Form of official identification symbol and grademark. (1) The

shield set forth in Figure 1 of this section shall be the official

identification symbol for purposes of this part and when used,

imitated, or simulated in any manner in connection with shell eggs,

shall be deemed prima facia to constitute a representation that the

product has been officially graded for the purposes of Sec. 56.2.

(2) Except as otherwise authorized, the grademark permitted to be

used to officially identify USDA consumer-graded shell eggs shall be of

the form and design indicated in Figures 2 through 4 of this section.

The shield shall be of sufficient size so that the printing and other

information contained therein is legible and in approximately the same

proportion as shown in Figures 2 through 4 of this section.

(3) The ``Produced From'' grademark in Figure 5 of this section may

be used to identify products approved by the Agency for which there are

no U.S. grade standards (e.g., pasteurized shell eggs) that are

prepared from U.S. Consumer Grade AA or A shell eggs under the

continuous supervision of a grader.

(b) Information required on grademark. (1) Except as otherwise

authorized by the administrator, each grademark used shall include the

letters ``USDA'' and the U.S. grade of the product it identifies, such

as ``A Grade,'' as shown in Figure 2 of this section. Such information

shall be printed with the shield and the wording within the

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shield in contrasting colors in a manner such that the design is

legible and conspicuous on the material upon which it is printed.

(2) The size or weight class of the product, such as ``Large,'' may

appear within the grademark as shown in Figure 3 of this section. If

the size or weight class is omitted from the grademark, it must appear

prominently on the main panel of the carton.

(3) Except as otherwise authorized, the bands of the shield in

Figure 4 of this section shall be displayed in three colors, with the

color of the top, middle, and bottom bands being blue, white, and red,

respectively.

(4) The ``Produced From'' grademark in Figure 5 of this section may

be any one of the designs shown in Figures 2 through 4 of this section.

The text outside the shield shall be conspicuous, legible, and in

approximately the same proportion and close proximity to the shield as

shown in Figure 5 of this section.

(5) The plant number of the official plant preceded by the letter

``P'' must be shown on each carton or packaging material.

Figures to Sec. 56.36

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[GRAPHIC] [TIFF OMITTED] TP11AU97.000

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4. In Sec. 56.37, the first sentence is revised to read as follows:

Sec. 56.37 Lot marking of officially identified product.

Each carton identified with the grademarks shown in Sec. 56.36

shall be legibly lot numbered on either the carton or the consumer

package. * * *

5. In Sec. 56.40, paragraph (a) is revised to read as follows:

Sec. 56.40 Grading requirements of shell eggs identified with consumer

grademarks.

(a) Shell eggs to be identified with the grademarks illustrated in

Sec. 56.36 must be individually graded by a grader or by authorized

personnel pursuant to Sec. 56.11 and thereafter check graded by a

grader.

* * * * *

6. In Sec. 56.76, the first sentence in paragraph (e)(5) is revised

to read as follows:

Sec. 56.76 Minimum facility and operating requirements for shell egg

grading and packing plants.

* * * * *

(e) * * *

(5) Replacement water shall be added continuously to the wash water

of washers. * * *

* * * * *

Dated: July 31, 1997.

Lon Hatamiya,

Administrator, Agricultural Marketing Service.

[FR Doc. 97-20901 Filed 8-8-97; 8:45 am]

BILLING CODE 3410-02-P