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contains regulatory documents having general

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Rules and Regulations Federal Register

76373

Vol. 69, No. 244

Tuesday, December 21, 2004

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 56

[Docket No. PY–03–005] 

RIN 0581–AC33

Voluntary Shell Egg Grading 

Regulations—Facilities and Equipment

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing 

Service (AMS) is amending the 

regulations governing the voluntary 

shell egg grading program. The revisions 

will add definitions that describe the 

official identification and packaging of 

shell eggs; provide that grading services 

may be requested or reported by 

electronic means; clarify the number of 

samples required for an appeal grading 

when the original samples are not 

available; require that plants provide 

two candling lights in an acceptable 

candling booth for grade determination; 

provide an additional method for lot 

identifying shell eggs; and clarify and 

update the facility and operating 

requirements of plants utilizing the 

voluntary grading service.

DATES: Effective Date: January 20, 2005.

FOR FURTHER INFORMATION CONTACT: Rex 

A. Barnes, Chief, Grading Branch, (202) 

720–3271.

SUPPLEMENTARY INFORMATION: 

Background and Proposed Changes 

Shell egg grading 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. It is 

designed to assist in 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 

production and processing requires that 

the regulations governing shell egg 

grading be updated. These revisions will 

update the requirements to bring them 

in line with the requirements that 

applicants utilizing official grading 

services must meet. After a plant makes 

an application for grading service, an 

agency representative conducts a plant 

survey. The survey determines if the 

plant premises, facility, equipment, and 

operation procedures can satisfactorily 

support the official grading of shell eggs. 

These prerequisite requirements are 

based on good manufacturing practices 

typically associated with food 

processing and have specific application 

to shell egg processing. The revisions 

include the following: 

(1) Definitions. The definitions of 

‘‘chief of the grading branch’’ and 

‘‘national supervisor’’ will be revised to 

reflect the current organizational 

structure in AMS. New definitions for 

‘‘Agricultural Marketing Service or 

AMS’’, ‘‘consumer grades,’’ 

‘‘packaging,’’ ‘‘packing,’’ and ‘‘United 

States Standards, Grades, and Weight 

Classes for Shell Eggs’’ will be added to 

establish a clear meaning for these 

terms. (§ 56.1) 

(2) Candling Lights. This revision will 

amend the candling light requirement 

from one to two and will require a 

candling booth of sufficient size to 

accommodate at least two candling 

lights for additional graders and 

supervisory visits. (§ 56.17) 

(3) Communications. The revisions 

will allow alternate forms of electronic 

communications as are currently 

available in the market place. (§§ 56.21, 

56.58) 

(4) Temporary Grading Service. This 

revision will add temporary grading 

service as a type of grading service that 

could be requested by an applicant. The 

regulations will also be revised by 

providing that certificates may be issued 

to an applicant who utilizes temporary 

grading. (§§ 56.17, 56.56)

(5) Lot Numbering. This revision will 

update the regulations to reflect changes 

in the marking of shell eggs. (§ 56.37) 

(6) Official Identification. The 

revision will clarify that only product 

which is identified with the grademark 

shall be officially identified under the 

supervision of a grader or quality 

assurance inspector. (§ 56.39) 

(7) Types of Grading Services. The 

types of grading services available to an 

applicant will be added. (§ 56.28) 

(8) Appeal Gradings. The revision will 

increase the sample size to improve the 

confidence level of results and properly 

resolve the issue prompting the 

applicant’s appeal. (§ 56.65) 

(9) Occupational Safety and Health 

Regulations. This revision will update 

the regulations to reflect that an 

applicant utilizing the official grading 

service must be in compliance with all 

applicable Federal, State, and local 

government occupational safety and 

health regulations. (§ 56.76) 

(10) General Premises. General 

premise requirements will be added. 

The revision will specify that the 

premises of the facility be maintained in 

an appropriate manner. (§ 56.76) 

(11) Structures and Facilities. The 

revision will update the regulations to 

reflect that all structures and facilities 

subject to moisture must be readily 

cleanable, sanitarily maintained, and 

impervious to moisture and that floors 

are constructed for proper drainage. 

(§ 56.76) 

(12) Lavatories and Toilets. The 

revisions will also specify that the 

facilities be located in areas separate 

and away from the grading and 

processing rooms. (§ 56.76) 

(13) Storage Areas. This revision will 

specify that adequate packing and 

packaging storage areas be provided and 

properly maintained in order that 

packing and packaging are stored in a 

dry, clean, and sanitary environment. 

(§ 56.76) 

(14) Grading and Packing Rooms. The 

revision will update the requirements of 

the grading and packing rooms by 

specifying their sanitary design and 

construction. Additionally, the revision 

will specify that during operations the 

sanitation of the processing areas and 

equipment be maintained in a 

satisfactory manner. (§ 56.76) 

(15) Shell Egg Cooler Rooms. The 

regulations will continue to provide that 

humidifying equipment capable of 

maintaining a relative humidity, which 

will minimize shrinkage, shall be 

provided. (§ 56.76)

(16) Shell Egg Protecting Operations. 

The revision will update the regulations 

by specifying that the requirements for 

shell egg protecting equipment include 

its sanitary design, maintenance, and 

operation. The revision will also 

76374 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 

eliminate the requirement that 

previously used contaminated oil be 

heat treated prior to its reuse. (§ 56.76) 

(17) Shell Egg Washing. The revision 

will specify that shell egg washing 

equipment be sanitarily designed and 

maintained in a clean and sanitary 

manner. The revision will also specify 

that shell egg drying equipment be 

sanitarily designed and maintained, that 

air used for drying must be filtered, and 

that filters are to be cleaned and 

maintained. (§ 56.76) 

(18) Shell Egg Wash Water. The 

revision will clarify that the plant 

would be responsible for providing an 

accurate thermometer to measure the 

temperature of the wash water. (§ 56.76) 

(19) Spray Rinse Sanitizer. The 

revision will revise the regulations to 

reflect that the spray rinse contains a 

sanitizer approved by the national 

supervisor of not less than 100 p/m nor 

more than 200 p/m of available chlorine 

or its equivalent. The revision will 

update the regulations to reflect that 

shell eggs receive an increased exposure 

to an approved sanitizer. (§ 56.76) 

(20) Shell Egg Washing. The revision 

will reflect that shell eggs be removed 

from the processing equipment during 

any non-processing periods to prevent 

loss of egg quality from extended 

exposure to elevated temperatures. 

(§ 56.76) 

(21) Removal of Washing Operation 

Steam and Vapors. The revision will 

specify that steam, vapors, or odors 

originating from washing and rinsing 

operations shall be exhausted to the 

outside of the building to prevent the 

development of an undesirable 

environment in the shell egg processing 

room. (§ 56.76) 

(22) Shell Egg Packing. The revision 

will add that eggs that are to be 

identified with a grademark may be 

packed in other than fiber packing 

materials. (§ 56.76) 

(23) Approval of Chemicals and 

Compounds. The regulations will be 

updated to reflect that the national 

supervisor, Poultry Programs is 

responsible for determining acceptance 

of the intended use of chemicals and 

compounds for their specified use. 

(§ 56.76) 

Proposed Rule and Comments

The proposed rule was published in 

the Federal Register June 2, 2004 (69 FR 

31039). The comment period ended 

August 2, 2004. 

We received four timely comments: 

one from a shell egg producer, two from 

an industry organization, and one from 

a State department of agriculture. 

The State department of agriculture 

suggested that shell egg processing 

facilities in the future should comply 

fully with 21 CFR part 110, giving 

variances where needed. The Good 

Manufacturing Practices promulgated by 

the Food and Drug Administration at 21 

CFR part 110 already serve as a 

foundation for the Agency for the 

processing and facility requirements of 

the voluntary shell egg grading 

regulations. Moreover, the Agency will 

continue to use them as a source upon 

which the processing and facility 

requirements for this program are based. 

Both the shell egg producer and the 

industry organization did not support 

requiring that cooler rooms holding 

officially identified shell eggs be 

capable of maintaining a relative 

humidity of 70% or higher. Both 

commenters discussed the difficulty of 

humidifying ambient air in the colder 

climates of the United States. The shell 

egg producer additionally addressed 

that shell eggs do not remain in egg 

producer’s coolers more than a few days 

before they enter marketing channels 

where shell eggs are not subject to 

humidity requirements. The Agency 

revisited this issue and after considering 

the current trend of shell eggs promptly 

moving through marketing channels is 

withdrawing this proposal from the 

final rule. The Agency will not amend 

the regulations which currently provide 

the requirements that cooler rooms 

holding shell eggs that are identified 

with a consumer grade shall be 

equipped with humidifying equipment 

capable of maintaining a relative 

humidity to minimize shrinkage which 

affects the quality of shell eggs. 

The industry organization suggested 

that the terms ‘‘appropriate manner’’

and ‘‘sanitary’’ be further clarified in 

order that shell egg graders apply these 

terms in a consistent manner. The 

Agency believes that the descriptors 

identified by the commenter provide the 

level of clarity appropriate for our 

regulatory language. These descriptors 

also can be found in the product 

indexes that provide detailed guidance 

to graders to assure that the regulations 

are being correctly implemented and to 

supervisors to assure that the program is 

being properly administrated.

The industry organization requested 

that egg producers be able to choose 

how to lot number shell eggs including 

continuing to have the option to lot 

number shell eggs on the carton. The 

Agency is not restricting how producers 

lot number shell eggs identified with an 

official grademark. Moreover, this 

revision provides producers with an 

additional option to apply a lot number 

on an individual shell egg. 

The industry organization asked if the 

Agency will issue levels for quaternary 

ammonia and other sanitizers in 

sanitizer spray rinse. The strength of a 

sanitizer spray rinse is currently based 

on the concentration of chlorine or its 

equivalent. The Agency finds that this is 

an appropriate manner to describe the 

required level of concentration of the 

sanitizing solution. 

When the proposed rule was 

published, the Agency inadvertently 

overlooked a technical revision of the 

terms describing the official grademark 

in § 56.76(g)(1). To clearly describe 

these marks, in § 56.76(g)(1), the Agency 

is removing the word ‘‘consumer’’ in the 

requirements for eggs officially 

identified with a grademark. 

Executive Order 12866 and Effect on 

Small Entities 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). In 

addition, pursuant to requirements set 

forth in the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), AMS has 

considered the economic impact of the 

rule on small entities and has 

determined that its provisions would 

not have a significant economic impact 

on a substantial number of small 

entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

The Small Business Administration 

(SBA)(13 CFR 121.201) defines small 

entities that produce and process 

chicken eggs as those whose annual 

receipts are less than $9,000,000. 

Approximately 625,000 egg laying hens 

are needed to produce enough eggs to 

gross $9,000,000. 

Currently, the Agricultural Marketing 

Act of 1946, as amended, (7 U.S.C. 1621 

et seq.) authorizes a voluntary grading 

program for shell eggs. Shell egg 

processors that apply for service must 

pay for the services rendered. So that 

costs are shared by all users, these user 

fees are proportional to the volume of 

shell eggs graded. Shell egg processors 

are entitled to pack their eggs in 

packages bearing the USDA grade shield 

when AMS graders are present to certify 

that the eggs meet the grade 

requirements as labeled. Plants in which 

these grading services are performed are 

called official plants. Shell egg 

processors who do not use USDA’s 

grading service may not use the USDA 

grademark. There are about 558 shell 

egg processors registered with the 

Department that have 3,000 or more 

laying hens. Of these, 161 are official 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 76375

plants that use USDA’s grading service 

and would be subject to this proposed 

rule. Of these 161 official plants, 38 

meet the small business definition. 

Sections of the regulations are 

affected by changes in egg production 

and processing technology. This rule is 

intended to clarify and update this 

regulation and bring them in line with 

requirements that applicants utilizing 

official grading services currently are 

meeting. The revisions will add 

definitions that describe the official 

identification and packaging of shell 

eggs; provide that grading services may 

be requested or reported by electronic 

means; clarify the number of samples 

required for an appeal grading when the 

original samples are not available; 

require that plants provide two candling 

lights in an acceptable candling booth 

for grade determination; provide an 

additional method for lot identifying 

shell eggs; and clarify and update the 

facility and operating requirements of 

plants utilizing the voluntary grading 

service. Accordingly, the revision will 

not have a significant economic impact 

on a substantial number of small 

entities.

Executive Orders 12988

This 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. 

Paperwork Reduction 

The information collection 

requirements in §§ 56.21(a), 56.21(c), 

56.37, 56.56(a), 56.58, 56.76(f)(7), and 

56.76(h) amended by this rule have been 

previously approved by OMB and 

assigned OMB control number 0581–

0128 under the Paper Reduction Act of 

1995. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible.

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, 

7 CFR part 56 is amended as follows:

PART 56—VOLUNTARY GRADING OF 

SHELL EGGS

■ 1. The authority citation for part 56 

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

■ 2. In § 56.1, revise the terms chief of the 

grading branch and national supervisor

and add, alphabetically, the new terms 

Agricultural Marketing Service or AMS, 

consumer grades, grademark, official 

standards, officially identified, 

packaging, packing, and United States 

Standards, Grades, and Weight Classes 

for Shell Eggs to read as follows:

§ 56.1 Meaning of words and terms 

defined.

* * * * *

Agricultural Marketing Service or 

AMS means the Agricultural Marketing 

Service of the Department.

* * * * *

Chief of the Grading Branch means 

the Chief of the Grading Branch, Poultry 

Programs, AMS.

* * * * *

Consumer grades means U.S. Grade 

AA, A, and B.

* * * * *

Grademark means the official 

identification symbol (shield) used to 

identify eggs officially graded according 

to U.S. consumer grade standards.

* * * * *

National supervisor means (a) the 

officer in charge of the shell egg grading 

service of the AMS, and (b) other 

employees of the Department designated 

by the national supervisor.

* * * * *

Official standards means the official 

U.S. standards grades, and weight 

classes for shell eggs maintained by and 

available from Poultry Programs, AMS. 

Officially identified means eggs that 

have official marks applied to the 

product under the authority of the AMS 

in accordance with the act and its 

regulations.

* * * * *

Packaging means the primary or 

immediate container in which eggs are 

packaged and which serves to protect, 

preserve, and maintain the condition of 

the eggs. 

Packing means the secondary 

container in which the primary or 

immediate container is placed to 

protect, preserve, and maintain the 

condition of the eggs during transit or 

storage.

* * * * *

United States Standards, Grades, and 

Weight Classes for Shell Eggs (AMS 56)

means the official U.S. standards, 

grades, and weight classes for shell eggs 

that are maintained by and available 

from Poultry Programs, AMS.

* * * * *

§ 56.9 [Amended]

■ 3. Section 56.9 is revised by removing 

the numbers 56.76(e)(6) and 56.76(g) and 

adding in their place the numbers 

56.76(f)(7) and 56.76(h) and adding the 

number 56.21(c).

■ 4. Section 56.17 is amended by 

revising the introductory text and 

paragraph (a)(5), and by adding a new 

paragraph (a)(6) to read as follows:

§ 56.17 Facilities and equipment for 

graders. 

Facilities and equipment to be 

furnished by the applicant for use of 

graders in performing service on a 

resident or temporary basis shall 

include (when deemed necessary) the 

following:

* * * * *

(a) * * *

(5) Two candling lights that provide a 

sufficient combined illumination 

through both the aperture and 

downward through the bottom to 

facilitate accurate interior and exterior 

quality determinations. (6) A candling booth adequately 

darkened and located in close proximity 

to the work area that is reasonably free 

of excessive noise. The booth must be 

sufficient in size to accommodate two 

graders, two candling lights, and other 

necessary grading equipment.

■ 5. Section 56.21 is amended by 

revising paragraph (a) and adding (c) to 

read as follows:

§ 56.21 How application for service may be 

made; conditions of service. 

(a) Noncontinuous grading service on 

a fee basis. An application for any 

noncontinuous grading service on a fee 

basis may be made in any office of 

grading, or with any grader at or nearest 

the place where the service is desired. 

Such application may be made orally (in 

person or by telephone), in writing, or 

by other electronic means.

* * * * *

(c) Temporary grading service on a fee 

basis. An application for grading service 

on a temporary basis must be made in 

writing on forms approved by the 

Administrator and filed with the 

Administrator. Such forms may be 

obtained at the national, regional, or 

State grading office. In making 

application, the applicant agrees to 

comply with the terms and conditions 

of the regulations (including, but not 

limited to, such instructions governing 

grading of products as may be issued 

from time to time by the Administrator). 

No member of or Delegate to Congress 

or Resident Commissioner shall be

76376 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 

admitted to any benefit that may arise 

from such service unless derived 

through service rendered a corporation 

for its general benefit.

■ 6. Section 56.28 is added to read as 

follows:

§ 56.28 Types of grading service. 

(a) Noncontinuous grading service.

This type of service is performed when 

an applicant requests grading of a 

particular lot of shell eggs. Requests are 

made not on a regular basis. Charges or 

fees are based on the time, travel, and 

expenses needed to perform the work. 

This service also may be called the fee 

grading service. Shell eggs graded under 

fee grading service are not eligible to be 

identified with the official grademarks 

shown in § 56.36. 

(b) Continuous grading service on a 

resident basis and continuous grading 

service on a nonresident basis. Service 

on a resident basis has a scheduled tour 

of duty, while service on a nonresident 

basis has a nonscheduled tour of duty. 

Both of these services are performed 

when an applicant requests that a USDA 

licensed grader be stationed in the 

applicant’s processing plant and grade 

shell eggs in accordance with U.S. 

Standards. The applicant agrees to 

comply with the facility, operating, and 

sanitary requirements of resident 

service. The charges for resident grading 

services are based on the hours of the 

regular tour of duty and the volume of 

shell eggs received into the plant, while 

nonscheduled service is based on the 

cumulative time required to perform the 

work and an administrative service 

charge. Shell eggs graded under resident 

grading service are only eligible to be 

identified with the official grademarks 

shown in § 56.36 when processed and 

graded under the supervision of a grader 

or quality assurance inspector as 

provided in § 56.39. 

(c) Temporary grading service. This 

type of service is performed when an 

applicant requests resident grading on a 

fee basis. The applicant must meet all of 

the facility, operating, and sanitary 

requirements of resident service. 

Charges or fees are based on the time 

and expenses needed to perform the 

work. Shell eggs graded under 

temporary grading service are only 

eligible to be identified with the official 

grademarks when they are processed 

and graded under the supervision of a 

grader or quality assurance inspector as 

provided in § 56.39.

■ 7. Section 56.37 is amended by 

revising the section heading and first 

sentence to read as follows:

§ 56.37 Lot marking of officially identified 

shell eggs.

Shell eggs identified with the 

grademarks shown in § 56.36 shall be 

legibly lot numbered on either the 

individual egg, the carton, or the 

consumer package. * * *

* * * * *

■ 8. The undesignated center heading 

that precedes § 56.39 is revised to read as 

follows:

Prerequisites to Packaging Shell Eggs 

Identified With Grademarks

■ 9. In § 56.39, the first sentence is 

revised to read as follows:

§ 56.39 Quality assurance inspector 

required. 

The official identification with the 

grademark of any product as provided 

in §§ 56.35 to 56.41, inclusive, shall be 

done only under the supervision of a 

grader or quality assurance inspector. 

***

■ 10. Section 56.40 is amended by 

revising the section heading and 

paragraph (c) to read as follows:

§ 56.40 Grading requirements of shell 

eggs identified with grademarks.

* * * * *

(c) Shell eggs which are to bear the 

grademark shall be packed only from 

eggs of current production. They shall 

not possess any undesirable odors or 

flavors.

■ 11. In § 56.56, the first sentence of 

paragraphs (a) and (b) are both amended 

by adding the words ‘‘or temporary’’

between the words ‘‘resident grading.’’

■ 12. Section 56.58 is revised to read as 

follows:

§ 56.58 Advance information. 

Upon request of an applicant, all or 

part of the contents of any grading 

certificate issued to such applicant may 

be telephoned or electronically 

transmitted to the applicant, or to the 

applicant’s designee, at the applicant’s 

expense.

■ 13. In § 56.65, paragraph (b) is revised 

to read as follows:

§ 56.65 Procedures for appeal gradings.

* * * * *

(b) When the original samples are not 

available or have undergone a material 

change, the appeal sample size for the 

lot shall consist of double the samples 

required in § 56.4(b).

* * * * *

■ 14. Section 56.75 is revised to read as 

follows:

§ 56.75 Applicability of facility and 

operating requirements.

The provisions of § 56.76 shall be 

applicable to any grading service that is 

provided on a resident or temporary 

basis.

■ 15. Section 56.76 is revised to read as 

follows:

§ 56.76 Minimum facility and operating 

requirements for shell egg grading and 

packing plants. 

(a) Applicants must comply with all 

applicable Federal, State and local 

government occupational safety and 

health regulations. 

(b) General requirements for premises, 

buildings and plant facilities. (1) The 

outside premises shall be free from 

refuse, rubbish, waste, unused 

equipment, and other materials and 

conditions which constitute a source of 

odors or a harbor for insects, rodents, 

and other vermin. 

(2) The outside premises adjacent to 

grading, packing, cooler, and storage 

rooms must be properly graded and well 

drained to prevent conditions that may 

constitute a source of odors or propagate 

insects or rodents. 

(3) Buildings shall be of sound 

construction so as to prevent, insofar as 

practicable, the entrance or harboring of 

vermin. 

(4) Grading and packing rooms shall 

be of sufficient size to permit 

installation of necessary equipment and 

conduct grading and packing in a 

sanitary manner. These rooms shall be 

kept reasonably clean during grading 

and packing operations and shall be 

thoroughly cleaned at the end of each 

operating day. 

(5) The floors, walls, ceilings, 

partitions, and other parts of the grading 

and packing rooms including benches 

and platforms shall be constructed of 

materials that are readily cleanable, 

maintained in a sanitary condition, and 

impervious to moisture in areas exposed 

to cleaning solutions or moist 

conditions. The floors shall be 

constructed as to provide proper 

drainage. 

(6) Adequate toilet accommodations 

which are conveniently located and 

separated from the grading and packing 

rooms are to be provided. Handwashing 

facilities shall be provided with hot and 

cold running water, an acceptable 

handwashing detergent, and a sanitary 

method for drying hands. Toilet rooms 

shall be ventilated to the outside of the 

building and be maintained in a clean 

and sanitary condition. Signs shall be 

posted in the toilet rooms instructing 

employees to wash their hands before 

returning to work. In new or remodeled 

construction, toilet rooms shall be 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 76377

located in areas that do not open 

directly into processing rooms. 

(7) A separate refuse room or a 

designated area for the accumulation of 

trash must be provided in plants which 

do not have a system for the daily 

removal or destruction of such trash. 

(8) Adequate packing and packaging 

storage areas are to be provided that 

protect packaging materials and are dry 

and maintained in a clean and sanitary 

condition. 

(c) Grading and packing 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 reflection of light 

that interfere with, or prohibit the 

accurate quality determination of eggs 

in the grading or candling areas. 

(2) The grading and candling 

equipment shall provide adequate light 

to facilitate quality determinations. 

When needed, 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) The grading and candling 

equipment must be sanitarily designed 

and constructed to facilitate cleaning. 

Such equipment shall be kept 

reasonably clean during grading and 

packing operations and be thoroughly 

cleaned at the end of each operating 

day.

(4) Egg weighing equipment shall be 

constructed of materials to permit 

cleaning; operated in a clean, sanitary 

manner; and shall be capable of ready 

adjustment. 

(5) Adequate ventilation, heating, and 

cooling shall be provided where needed. 

(d) Cooler room requirements. (1) 

Cooler rooms holding shell eggs that are 

identified with a consumer grade shall 

be refrigerated and capable of 

maintaining an ambient temperature no 

greater than 45 °F (7.2 °C) and equipped 

with humidifying equipment capable of 

maintaining a relative humidity which 

will minimize shrinkage. 

(2) Accurate thermometers and 

hygrometers shall be provided for 

monitoring cooler room temperatures 

and relative humidity. 

(3) Cooler rooms shall be free from 

objectionable odors and from mold, and 

shall be maintained in a sanitary 

condition. 

(e) Shell egg protecting operations. (1) 

Shell egg protecting (oil application) 

operations shall be conducted in a 

manner to avoid contamination of the 

product and maximize conservation of 

its quality. 

(2) Component equipment within the 

shell egg protecting system, including 

holding tanks and containers, must be 

sanitarily designed and maintained in a 

clean and sanitary manner, and the 

application equipment must provide an 

adequate amount of oil for shell 

coverage of the volume of eggs 

processed. 

(3) Eggs with excess moisture on the 

shell shall not be shell protected. 

(4) Oil having any off odor, or that is 

obviously contaminated, shall not be 

used in shell egg protection operations. 

Oil is to be filtered prior to application. 

(5) The component equipment of the 

application system shall be washed, 

rinsed, and treated with a bactericidal 

agent each time the oil is removed. 

(6) Adequate coverage and protection 

against dust and dirt shall be provided 

when the equipment is not in use. 

(f) Shell egg cleaning operations. (1) 

Shell egg washing equipment must be 

sanitarily designed, maintained in a 

clean and sanitary manner, and 

thoroughly cleaned at the end of each 

operating day. 

(2) Shell egg drying equipment must 

be sanitarily designed and maintained 

in a clean and sanitary manner. Air used 

for drying purposes must be filtered. 

These filters shall be cleaned or 

replaced as needed to maintain a 

sanitary process.

(3) The temperature of the wash water 

shall be maintained at 90 °F (32.2 °C) or 

higher, and shall be at least 20 °F (6.7 

°C) warmer than the internal 

temperature of the eggs to be washed. 

These temperatures shall be maintained 

throughout the cleaning cycle. Accurate 

thermometers shall be provided for 

monitoring wash water temperatures. 

(4) Approved cleaning compounds 

shall be used in the wash water. 

(5) Wash water shall be changed 

approximately every 4 hours or more 

often if needed to maintain sanitary 

conditions, and at the end of each shift. 

Remedial measures shall be taken to 

prevent excess foaming during the egg 

washing operation. 

(6) Replacement water shall be added 

continuously to the wash water of 

washers. Chlorine or quaternary 

sanitizing rinse water may be used as 

part of the replacement water, provided, 

they are compatible with the washing 

compound. Iodine sanitizing rinse water 

may not be used as part of the 

replacement water. 

(7) Only potable water may be used to 

wash eggs. Each official plant shall 

submit certification to the national 

office stating that their water supply is 

potable. An analysis of the iron content 

of the water supply, stated in parts per 

million, is also required. When the iron 

content exceeds 2 parts per million, 

equipment shall be provided to reduce 

the iron content below the maximum 

allowed level. Frequency of testing for 

potability and iron content shall be 

determined by the Administrator. When 

the water source is changed, new tests 

are required. 

(8) Waste water from the egg washing 

operation shall be piped directly to 

drains. 

(9) The washing, rinsing, and drying 

operations shall be continuous and shall 

be completed as rapidly as possible to 

maximize conservation of the egg’s 

quality and to prevent sweating of eggs. 

Eggs shall not be allowed to stand or 

soak in water. Immersion-type washers 

shall not be used. 

(10) Prewetting shell eggs prior to 

washing may be accomplished by 

spraying a continuous flow of water 

over the eggs in a manner which permits 

the water to drain away or other 

methods which may be approved by the 

Administrator. The temperature of the 

water shall be the same as prescribed in 

this section. 

(11) Washed eggs shall be sprayrinsed with water having a temperature 

equal to, or warmer than, the 

temperature of the wash water. The 

spray-rinse water shall contain a 

sanitizer that has been determined 

acceptable for the intended use by the 

national supervisor and of not less than 

100 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. 

(12) Test kits shall be provided and 

used to determine the strength of the 

sanitizing solution. 

(13) During non-processing periods, 

eggs shall be removed from the washing 

and rinsing area of the egg washer and 

from the scanning area whenever there 

is a buildup of heat that may diminish 

the quality of the egg. 

(14) Washed eggs shall be reasonably 

dry before packaging and packing. 

(15) Steam, vapors, or odors 

originating from the washing and 

rinsing operation shall be continuously 

and directly exhausted to the outside of 

the building. 

(g) Requirements for eggs officially 

identified with a grademark. (1) Shell 

eggs that are officially identified with a 

grademark shall be placed under 

refrigeration at an ambient temperature 

no greater than 45 °F (7.2 °C) promptly 

after packaging. 

(2) Eggs that are to be officially 

identified with the grademark shall be 

packed only in new or good used 

packing material and new packaging 

materials that are clean, free of mold, 

76378 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 

mustiness and off odors, and must be of 

sufficient strength and durability to 

adequately protect the eggs during 

normal distribution. When packed in 

other than fiber packing material, the 

containers must be of sound 

construction and maintained in a 

reasonably clean manner. 

(h) Use of approved chemicals and 

compounds. (1) All egg washing and 

equipment cleaning compounds, 

defoamers, destainers, sanitizers, inks, 

oils, lubricants, or any other compound 

that comes into contact with the shell 

eggs shall be approved by the national 

supervisor for their specified use and 

handled in accordance with the 

manufacturer’s instructions. 

(2) All pesticides, insecticides, and 

rodenticides shall be approved for their 

specified use and handled in 

accordance with the manufacturer’s 

instructions.

Dated: December 15, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27906 Filed 12–20–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection 

Service 

7 CFR Part 301

[Docket No. 04–045–2] 

Citrus Canker; Quarantined Areas

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the citrus canker 

regulations by updating the list of areas 

in the State of Florida quarantined 

because of citrus canker. The interim 

rule was necessary to prevent the spread 

of citrus canker into noninfested areas 

of the United States and to relieve 

restrictions that were no longer 

warranted.

EFFECTIVE DATE: The interim rule 

became effective on September 14, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, Assistant Staff 

Officer, Pest Detection and Management 

Programs, PPQ, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737–1236, 

(301) 734–7228.

SUPPLEMENTARY INFORMATION:

Background 

In an interim rule effective and 

published in the Federal Register on 

September 14, 2004 (69 FR 55315–

55320, Docket No. 04–045–1), we 

amended the regulations in ‘‘subpart—

Citrus Canker’’ (7 CFR 301.75 through 

301.75–16) by updating the list in 

§ 301.75–4 of areas in the State of 

Florida quarantined because of citrus 

canker. Specifically, to reflect the 

detection of citrus canker in an area 

adjacent to but outside of one current 

quarantined area in Florida, as well as 

in eight additional counties, we 

expanded the boundaries of one existing 

quarantined area and added several new 

areas to the list of quarantined areas. We 

also removed portions of three counties 

from the list of quarantined areas 

because regular surveys showed them to 

have been free of citrus canker for at 

least 2 years. These actions were 

necessary to prevent the spread of citrus 

canker into noninfested areas of the 

United States and to relieve restrictions 

that were no longer warranted. 

Comments on the interim rule were 

required to be received on or before 

November 15, 2004. We did not receive 

any comments. Therefore, for the 

reasons given in the interim rule, we are 

adopting the interim rule as a final rule. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE 

NOTICES

■ Accordingly, we are adopting as a final 

rule, without change, the interim rule 

that amended 7 CFR part 301 and that 

was published at 69 FR 55315–55320 on 

September 14, 2004.

Done in Washington, DC, this 14th day of 

December, 2004. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–27878 Filed 12–20–04; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection 

Service 

7 CFR Part 371

[Docket No. 04–120–1] 

Delegation of Authority

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: This document delegates the 

authority given to the Administrator of 

the Animal and Plant Health Inspection 

Service to administer section 101(k) of 

the Rural Development, Agriculture, 

and Related Agencies Appropriations 

Act of 1988, more commonly known as 

the Act of December 22, 1987. Authority 

is delegated from the Administrator of 

the Animal and Plant Health Inspection 

Service to the Deputy Administrator of 

Wildlife Services. This delegation has 

already been made, however it is not 

reflected in the Code of Federal 

Regulations. Therefore, this document 

corrects that oversight.

EFFECTIVE DATE: December 21, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

John A. Sinclair, Staff Officer, 

Operational Support Staff, WS, APHIS, 

4700 River Road Unit 87, Riverdale, MD 

20737–1231; (301) 734–7921.

SUPPLEMENTARY INFORMATION:

Background 

On January 10, 2000, the Animal and 

Plant Health Inspection Service (APHIS) 

published a final rule in the Federal 

Register (65 FR 1298–1302, Docket No. 

97–025–1) that revised the statement of 

organization, functions, and delegations 

of authority of APHIS in 7 CFR part 371 

to reflect changes in internal APHIS 

organization. The rule included 

delegations of authority from the 

Administrator of APHIS to the Deputy 

Administrator of Wildlife Services. 

However, we inadvertently omitted the 

delegation of authority from the 

Administrator to the Deputy 

Administrator of Wildlife Services for 

section 101(k) of the Rural 

Development, Agriculture, and Related 

Agencies Appropriations Act of 1988, 

also known as the Act of December 22, 

1987. This delegation of authority had 

already been made, however it is not 

reflected in the Code of Federal 

Regulations. Therefore we are amending 

7 CFR 371.6(b)(2) to correct this 

oversight. 

This rule relates to internal agency 

management. Therefore, this rule is 

exempt from the provisions of Executive