[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12401-12403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5543]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 56

[Docket No. PY-92-004]
RIN 0581-AA60


Voluntary Shell Egg Grading

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is issuing amendments 
to the voluntary shell egg grading regulations and standards in 
response to new technology and current practices in the shell egg 
industry and to conform to statutory requirements. The amended 
regulations define washed ungraded eggs and clarify the definition of a 
quality assurance inspector; add age and disability as types of 
prohibited discrimination in providing grading services; clarify the 
type of facilities and equipment to be supplied to a grader and the 
method by which cartons of eggs are to be identified; update grading 
room requirements to include mechanized shell egg operations and to 
require rinse water to be at least as warm as wash water; harmonize the 
standards for quality of individual shell eggs for B quality in U.S. 
Nest-Run grades with the U.S. Standards for Quality of Individual Shell 
Eggs for B quality; and delete wholesale shell egg grades and weight 
classes.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT: Larry W. Robinson, Chief, Grading 
Branch, 202-720-3271.

SUPPLEMENTARY INFORMATION:

    The Department of Agriculture is issuing this rule in conformance 
with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
rule would not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule.
    The AMS Administrator has determined that this 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.), 
because the revisions reflect current industry production and marketing 
practices.
    The information collection requirements that appear in 
Sec. 56.17(b) and Sec. 56.37 to be amended by the rule have been 
previously approved by the Office of Management and Budget and assigned 
OMB Control No. 0581-0128, under the Paperwork Reduction Act of 1980.

Background

    Periodically the Poultry Division of AMS reviews its existing 
regulations. As a result of a review, it was determined that several 
revisions were necessary to make the shell egg standards and 
regulations for grading shell eggs more useful and efficient.
    The grading of shell eggs by the AMS is a voluntary program, 
provided under the Agricultural Marketing Act of 1946, as amended (7 
U.S.C. 1621 et seq.), and is offered on a fee-for-service basis. The 
grading program is designed to assist orderly marketing of shell eggs. 
Therefore, the standards must keep abreast of new technology and 
advancements in production and marketing practices.
    Accordingly, AMS is amending the voluntary shell egg grading 
regulations to redefine ``quality assurance inspector'' to exclude from 
this designation a plant owner, manager, foreman, or supervisor and to 
clarify that the quality assurance inspector is authorized to examine 
product.
    The amendments also define the term ``washed ungraded eggs'' to 
mean shell eggs which have been washed but not subject to any grading 
or segregation for quality.
    The amendments update the regulations to comply with current 
statutory requirements regarding providing grading services and 
licensing graders without discrimination due to age or disabilities.
    The facilities and equipment which the applicant furnishes the 
graders are expanded to include other facilities and equipment as may 
otherwise be required.
    The amendments revise the regulations to comply with the Nutrition 
Labeling and Education Act of 1990.
    Also revised are the existing methods of identifying cartons to 
require that each officially identified carton of shell eggs be lot 
numbered on either the carton or the consumer package.
    The amendments revise the minimum facility and operating 
requirements for shell egg grading and packing plants by updating 
grading room requirements.
    Shell egg cleaning operations also are revised to require that the 
temperature of the water used to spray rinse shell eggs be at least as 
warm as the water used to wash the shell eggs. Additionally, the 
National Supervisor is specifically authorized to approve 
[[Page 12402]] methods of sanitizing shell eggs other than the normal 
spray rinse method.
    The amendments delete U.S. Wholesale Grades and Weight Classes for 
Shell Eggs.
    The standards for B quality in U.S. Nest-Run Grades for shell eggs 
are amended to allow shell eggs with pronounced ridges and thin spots 
to be included in the maximum percentage tolerance permitted for B 
quality.

Comments

    AMS published proposed revisions in the Federal Register (59 FR 
15866) on April 5, 1994, to the Regulations Governing the Grading of 
Shell Eggs and U.S. Standards, Grades, and Weight Classes for Shell 
Eggs in 7 CFR part 56. A 60-day comment period was provided.
    Three comments were received, two from State government 
representatives and one from a shell egg processor.
    Two commenters expressed overall support of the proposal. One 
commenter recommended including in 7 CFR 56.37 a sentence to read that 
consumer packaging material for eggs manufactured prior to May 8, 1994, 
be excluded from the nutrition labeling requirements, defining a 
``lot'' in 7 CFR 56.37, and requiring in 7 CFR part 56.76 that eggs be 
spray rinsed with fresh water ten degrees higher than the temperature 
of the wash water. AMS did not adopt these recommendations. AMS does 
not have the authority to authorize the use of cartons which do not 
conform to the Food and Drug Administration's rules and regulations. 
Such approval is beyond the scope of the shell egg grading regulation's 
authority. A ``lot'' is clearly defined in the current regulations as 
the consecutive day of the year in which the eggs were packed or other 
systems as may be approved by the Administrator. Rinse water that is at 
least as warm as wash water will help to reduce bacterial contamination 
of shell eggs without causing excessive thermal breakage. Firms always 
have the option to utilize a rinse water that is warmer than the wash 
water to the extent that their own processing operations will allow. 
The commenter also recommended using fresh water for the spray rinse. 
It was not clear what was meant by ``fresh'' water. However, all shell 
egg plants which utilize the Department's voluntary shell egg grading 
service are required to provide to AMS certification that the water 
used in its grading processes is potable.
    The proposed method of sealing cases of eggs provided in the 
proposed rule specified that approximately 2-3 inch plastic or gummed 
tape be used to cover all seams. No comments were received on this 
provision. However, AMS evaluated this requirement further during the 
comment period and ascertained that a specific tape measurement was not 
necessary so long as cases were securely closed. Accordingly, AMS is 
making this change without an additional opportunity for comments 
because the change will eliminate burden and provide the flexibility to 
adapt to future changes in packaging material technology.
    With the exception of the above change, the regulatory text 
contained in the proposed rule is hereby adopted.

List of Subjects 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--GRADING OF SHELL EGGS AND U.S. STANDARDS, GRADES, AND 
WEIGHT CLASSES FOR SHELL EGGS

    1. The authority citation for Part 56 is revised to read as 
follows:

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

    2. Section 56.1 is amended by revising the term ``quality assurance 
inspector'' and adding alphabetically the new term ``washed ungraded 
eggs'' to read as follows:


Sec. 56.1  Meaning of words and terms defined.

* * * * *
    Quality assurance inspector means any designated company employee 
other than the plant owner, manager, foreman, or supervisor, authorized 
by the Secretary to examine product and to supervise the labeling, 
dating, and lotting of officially graded shell eggs and to assure that 
such product is packaged under sanitary conditions, graded by 
authorized personnel, and maintained under proper inventory control 
until released by an employee of the Department.
* * * * *
    Washed ungraded eggs means eggs which have been washed but not 
sized or segregated for quality.
    3. Section 56.3 is amended by revising paragraph (b) to read as 
follows:


Sec. 56.3  Administration.

* * * * *
    (b) The conduct of all services and the licensing of graders under 
these regulations shall be accomplished without discrimination as to 
race, color, national origin, religion, age, sex, or disability.
* * * * *
    4. Section 56.17 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 56.17  Facilities and equipment for graders.

* * * * *
    (b) Furnished office space, a desk and file or storage cabinets 
(equipped with a satisfactory locking device), suitable for the 
security and storage of official stamps and supplies, and other 
facilities and equipment as may otherwise be required. * * *
* * * * *
    5. Section 56.35 is amended by revising paragraph (c) to read as 
follows:


Sec. 56.35  Authority to use, and approval of official identification.

* * * * *
    (c) Nutritional labeling. Nutrition information must be included 
with the labeling on each unit container of consumer packaged shell 
eggs in accordance with the provisions of Title 21, Chapter I, Part 
101, Regulations for the Enforcement of the Federal Food, Drug, and 
Cosmetic Act and the Fair Packaging and Labeling Act. The nutrition 
information included on labels is subject to review by the Food and 
Drug Administration prior to approval by the Department.
    6. Section 56.36 is amended by revising the last sentence of 
paragraph (b)(2) to read as follows:


Sec. 56.36  Information required on and form of grademark.

* * * * *
    (b) * * *
    (2) * * * The grademark shall be printed on the carton.
    7. Section 56.37 is amended by revising the first sentence to read 
as follows:


Sec. 56.37  Lot marking of officially identified product.

    Each carton identified with the grademarks shown in Figures 2, 3, 
or 4 of Sec. 56.36 shall be legibly lot numbered on either the carton 
or the consumer package. * * *
* * * * *
    8. Section 56.76 is amended by revising paragraphs (b) and (e)(10), 
to read as follows:


Sec. 56.76  Minimum facility and operating requirements for shell egg 
grading and packing plants.

* * * * *
    (b) Grading room requirements. (1) The egg grading or candling area 
shall be adequately darkened to make possible the accurate quality 
determination of the candled appearance of eggs. There shall be no 
[[Page 12403]] other light source or reflections of light that 
interfere with, or prohibit the accurate quality determination of eggs 
in the grading or candling area.
    (2) The grading and candling equipment shall provide adequate light 
to facilitate quality determinations. Other light sources and equipment 
or facilities shall be provided to permit the detection and removal of 
stained and dirty eggs or other undergrade eggs.
    (3) Adequate facilities, equipment, and light sources shall be 
provided to determine the condition of packing material.
    (4) Egg weighing equipment shall be provided. The egg weighing 
equipment shall be constructed to permit cleaning; operation in a 
clean, sanitary manner; and shall be capable of ready adjustment.
    (5) Adequate ventilation shall be provided.
* * * * *
    (e) * * *
    (10) Washed eggs shall be spray-rinsed with water having a 
temperature equal to, or warmer than, the temperature of the wash water 
and contain an approved sanitizer of not less than 50 p/m nor more than 
200 p/m of available chlorine or its equivalent. Alternate procedures, 
in lieu of a sanitizer rinse, may be approved by the National 
Supervisor.
* * * * *


Secs. 56.226, 56.227, and 56.228  [Removed and Reserved]

    9. Sections 56.226, 56.227, and 56.228 are removed and reserved.
    10. Section 56.230 is revised to read as follows:


Sec. 56.230  Grade.

    ``U.S. Nest-Run ____% AA Quality'' shall consist of eggs of current 
production of which at least 20 percent are AA quality; and the actual 
percentage of AA quality eggs shall be stated in the grade name. Within 
the maximum of 15 percent which may be below A quality, not more than 
10 percent may be B quality for shell shape, pronounced ridges or thin 
spots, interior quality (including meat or blood spots), or due to 
rusty or blackish-appearing cage marks or blood stains, not more than 5 
percent may have adhering dirt or foreign material on the shell \1/2\ 
inch or larger in diameter, not more than 6 percent may be Checks, and 
not more than 3 percent may be Loss. Marks which are slightly gray in 
appearance and adhering dirt or foreign material on the shell less than 
\1/2\ inch in diameter are not considered quality factors. The eggs 
shall be officially graded for all other quality factors. No case may 
contain less than 75 percent A quality and AA quality eggs in any 
combination.
    11. Section 56.231 is amended by revising Table 1 to read as 
follows:


Sec. 56.231  Summary of grade.

* * * * *

------------------------------------------------------------------------
                                                              U.S. nest-
                                        Nest-run grade,        run ____ 
                                        description\1\        percent AA
                                                              quality\2\
------------------------------------------------------------------------
Minimum percentage of quality      AA quality\4\...........           20
 required (lot average)\3\                                              
                                   A quality or better\5\..           85
Maximum percentage tolerance       B quality for shell                10
 permitted (15 percent lot          shape, pronounced                   
 average)\3\                        ridges or thin spots,               
                                    interior quality                    
                                    (including blood & meat             
                                    spots) or cage marks\6\             
                                    and blood stains.                   
                                   Checks..................            6
                                   Loss....................            3
                                   Adhering dirt or foreign           5 
                                    material \1/2\ inch or              
                                    larger in diameter.                 
------------------------------------------------------------------------
\1\Stains (other than rusty or blackish appearing cage marks or blood   
  stains), and adhering dirt and foreign material on the shell less than
  \1/2\ inch in diameter shall not be considered as quality factors in  
  determining the grade designation.                                    
\2\The actual total percentage must be stated in the grade name.        
\3\Substitution of eggs of higher qualities for lower specified         
  qualities is permitted.                                               
\4\No case may contain less than 10 percent AA quality.                 
\5\No case may contain less than 75 percent A quality and AA quality    
  eggs in any combination.                                              
\6\Cage marks which are rusty or blackish in appearance shall be        
  considered as quality factors. Marks which are slightly gray in       
  appearance are not considered as quality factors.                     

    12. Section 56.234 is amended by revising paragraph (c) to read as 
follows:


Sec. 56.234  Packaging material.

* * * * *
    (c) Sealing: The tops of all cases must be securely closed, so they 
will not open during transportation, by applying paper gummed, plastic, 
or other suitable tape or by methods that would secure seams made by 
the closing of the top of the case. The tape shall extend down the 
sides and/or ends of the case a sufficient length to preclude the top 
flaps from opening while permitting the official identification of the 
case, as applicable.

    Dated: March 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-5543 Filed 3-6-95; 8:45 am]
BILLING CODE 3410-02-P