This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

20054

Vol. 60, No. 78

Monday, April 24, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 55 and 59

[Docket No. PY–93–001]

RIN 0581–AA58

Voluntary and Mandatory Egg and Egg

Products Inspection

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

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 (§ 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 (§ 55.95). Alternative work

schedules also would be provided

(§ 55.96). The proposal would provide

for application of the official plant

number at alternative locations on

official labels (§ 55.310) and specify the

permitted disposition of labels and

packaging materials bearing official

identification when inspection service

is terminated by USDA (§ 55.330). The

proposed revision also would clarify

appeal gradings and inspections

including certificate issuance (§ 55.410

through § 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.

(§ 59.5). It also would update the types

of nonallowed discrimination (§ 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 (§ 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 (§§ 59.122

through 59.146). The proposal would

clarify the conditions under which

labeling of product is to be corrected in

the appeal procedure (§§ 59.300 through

59.360). It also would clarify the
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20055

labeling requirements with regard to

approval, format, terminology,

identification, and disposition

(§§ 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

(§§ 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’’

(§§ 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 (§§ 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. (§§ 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.

§ 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:

§ 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:

§ 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 § 55.310, paragraph (b) is revised

to read as follows:

§ 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 § 55.330, paragraph (c) is revised

to read as follows:

§ 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 § 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:

§ 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:

§ 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.

§ 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:

§ 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 § 55.460, the last sentence is

revised to read as follows:
20056 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

§ 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.

§ 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 nonFederal 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.

* * * * *

§ 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:

§ 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:

§ 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:

§ 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:

§ 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 § 59.136, paragraph (a) is

revised to read as follows:

§ 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):

§ 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
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 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.

§ 59.155 [Amended]

21. Section 59.155 is amended by

removing the last sentence of the

section.

§ 59.300 [Amended]

22. Section 59.300 is amended by

adding immediately after the word

‘‘class’’ the word ‘‘, quantity,’’.

§ 59.310 [Amended]

23. In § 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:

§ 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 § 59.330 is added to read

as follows:

§ 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:

§ 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:

§ 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:

§ 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 § 59.412, paragraph (b) is

revised to read as follows:

§ 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:

§ 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 § 59.417, paragraph (c) is

revised to read as follows:

§ 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
20058 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

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 § 59.502, paragraph (b) is

revised to read as follows:

§ 59.502 Equipment and utensils; PCBcontaining 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 § 59.504, the last sentence of

paragraph (c) and paragraph (h) are

revised to read as follows:

§ 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 § 59.506, paragraph (d) is

revised to read as follows:

§ 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 § 59.516 is added to read

as follows:

§ 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 § 59.530, paragraph (g) is added

to read as follows:

§ 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 § 59.539, paragraph (d)(1) is

revised to read as follows:

§ 59.539 Defrosting operations.

* * * * *

(d) * * *

(1) Frozen eggs packed in metal or

plastic containers may be placed in

running tap water (70 F° 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:

§ 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 § 59.720, paragraphs (a)(1) and

(b) are revised to read as follows:

§ 59.720 Disposition of restricted eggs.

(a) * * *

(1) Checks and dirties shall be labeled

in accordance with § 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

§§ 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:

§ 59.800 Identification of restricted eggs.

* * * When eggs are packed in

immediate containers, e.g., cartons,

sleeve packs, overwrapped 21⁄2- or 3-

dozen packs, etc., for sale to household

consumers under the exemptions

provided for in § 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 § 59.801, the section heading

and first sentence are revised to read as

follows:

§ 59.801 Nest run or washed ungraded

eggs.

Nest run or washed ungraded eggs are

exempt from the labeling provisions in
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20059

§ 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 § 59.905, paragraph (a) is

revised to read as follows:

§ 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.

* * * * *

§ 59.915 [Amended]

44. In § 59.915, paragraph (b)(8) is

amended by adding after the words

‘‘shell egg’’ the words ‘‘, including date

of pack,’’.

§ 59.940 [Amended]

45. In § 59.940, the last sentence is

removed.

46. In § 59.945, paragraph (b) is

revised to read as follows:

§ 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:

§ 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:

§ 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 § 59.956 is added to read

as follows:

§ 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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 906 and 944

[Docket No. FV–95–906–1PR]

Oranges Grown in the Lower Rio

Grande Valley in Texas and Imported

Oranges; Proposed Suspension of

Regulations for Domestic and

Imported Oranges

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed suspension of rule.

SUMMARY: This document invites written

comments on a proposal to suspend, for

the period July 1 through August 31, the

handling regulations for oranges grown

in the Lower Rio Grande Valley in Texas

and the orange import regulations.

Currently, the effective period for both

domestic and imported oranges is

January 1 through December 31 of each

year. The purpose of the proposed

suspension is to remove unnecessary

handling regulations applicable to

shipments of Texas oranges for the two

month period July and August. The

proposed suspension of regulations

applicable to imported oranges is

necessary under section 8e of the

amended Agricultural Marketing

Agreement Act of 1937.

DATES: Comments must be received by

May 15, 1995.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed suspension.

Comments must be sent in triplicate to

the Docket Clerk, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

room 2523–S, Washington, D.C. 20090–

6456, or by facsimile at 202–720–5698.

Comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be available for public inspection in

the Office of the Docket Clerk during

regular business hours.

FOR FURTHER INFORMATION CONTACT:

Charles L. Rush, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, room

2523–S, Washington, DC 20090–6456;

telephone: 202–720–2431; or Belinda G.

Garza, McAllen Marketing Field Office,

USDA/AMS, 1313 East Hackberry,

McAllen, TX 78501; telephone: 210–

682–2833.

SUPPLEMENTARY INFORMATION: This

proposed suspension is issued under

Marketing Agreement and Order No.

906 (7 CFR Part 906) regulating the

handling of oranges and grapefruit