[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Proposed Rules]
[Pages 20054-20059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9974]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / 
Proposed Rules
[[Page 20054]]

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 (Sec. 55.11). It would specify the 
facilities and equipment to be provided for sampling, weighing, and 
examination of product and the office space and equipment to be 
furnished (Sec. 55.95). Alternative work schedules also would be 
provided (Sec. 55.96). The proposal would provide for application of 
the official plant number at alternative locations on official labels 
(Sec. 55.310) and specify the permitted disposition of labels and 
packaging materials bearing official identification when inspection 
service is terminated by USDA (Sec. 55.330). The proposed revision also 
would clarify appeal gradings and inspections including certificate 
issuance (Sec. 55.410 through Sec. 55.460).
    For the mandatory inspection program, the proposal would redefine 
dirty eggs by deleting the term prominent stains. The proposal would 
also define nest-run eggs, washed ungraded eggs, egg products split 
samples, and recognized laboratories. (Sec. 59.5). It also would update 
the types of nonallowed discrimination (Sec. 59.17). The proposal would 
provide a minimum of one visit each fiscal year to hatcheries since 
present operating practices pose minimal risk of incubator reject eggs 
or other restricted eggs entering consumer channels (Sec. 59.28). In 
official egg products plants, it would define or specify the following: 
time of inspection, schedule of operation, basis of billing, the type 
of facilities and equipment to be furnished by the plant, application 
for continuous inspection and the requirements for blueprints, changes 
and approval (Secs. 59.122 through 59.146). The proposal would clarify 
the conditions under which labeling of product is to be corrected in 
the appeal procedure (Secs. 59.300 through 59.360). It also would 
clarify the [[Page 20055]] labeling requirements with regard to 
approval, format, terminology, identification, and disposition 
(Secs. 59.411 through 59.417). In addition, the proposal expands on 
equipment requirements and general plant operational procedures, 
including the shipment of nondenatured inedible, use of approved 
compounds, candling and transfer room facilities and equipment and egg 
sanitizing requirements (Secs. 59.502 through 59.515) due to changes in 
industry technology. Provisions are also proposed for liquid egg 
cooling and frozen egg defrosting with a definition of ``cold tap 
water'' (Secs. 59.530 through 59.539). The disposition of restricted 
eggs and the labeling and sale of nest-run and washed ungraded eggs are 
further defined (Secs. 59.720 through 59.801). The section dealing with 
imported shell eggs and egg products would be revised to require that 
the date of production be provided for shell eggs, to exempt certain 
shell eggs imported for breaking from primary container labeling 
requirements, and to clarify the provisions for relabeling imported egg 
products. (Secs. 59.900 through 59.956).

List of Subjects

7 CFR Part 55

    Eggs and egg products, Food grades and standards, Food labeling, 
Reporting and recordkeeping requirements.

7 CFR Part 59

    Eggs and egg products, Exports, Food grades and standards, Food 
labeling, Imports, Reporting and recordkeeping requirements.

    For reasons set forth in the preamble, title 7, Code of Federal 
Regulations, parts 55 and 59 are amended as follows:

PART 55--REGULATIONS GOVERNING THE VOLUNTARY INSPECTION OF EGG 
PRODUCTS AND GRADING.

    1. The authority citation for part 55 continues to read as follows:

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


Sec. 55.11  [Amended]

    2. Section 55.11 is amended by removing the words ``or national 
origin'' and adding in its place ``national origin, age or 
disability''.
    3. Section 55.95 is revised to read as follows:


Sec. 55.95  Facilities and equipment to be furnished for use of graders 
and inspectors in performing service on a resident inspection basis.

    (a) Facilities and equipment for proper sampling, weighing, 
examination of products and monitoring processing procedures shall be 
furnished by the official plant for use by inspectors and graders. Such 
facilities and equipment shall include but not be limited to a room or 
area suitable for sampling product, and acceptable candling light, 
flashlight, heavy duty, high speed drill with an eleven sixteenths-inch 
or larger bit of sufficient length to reach the bottom of containers 
used for frozen eggs, metal stem thermometer(s), test thermometer(s), 
stop watch, test weighing scale(s) and test weight(s), test kit for 
determining the bactericidal strength of sanitizing solutions, and 
stationary or adequately secured storage box or cage (capable of being 
locked only by the inspector) for holding official samples.
    (b) Acceptable furnished office space and equipment, including but 
not being limited to, a desk, lockers or cabinets (equipped with a 
satisfactory locking device) suitable for the protection and storage of 
supplies, and with facilities for inspectors and graders to change 
clothing.
    4. Section 55.96 is amended by adding a sentence before the last 
sentence and revising the last sentence of the section to read as 
follows:


Sec. 55.96  Schedule of operation of official plants.

    * * * As an alternative, the normal operating schedule shall 
consist of a continuous 10-hour period per day (excluding not to exceed 
1 hour for lunch), 4 consecutive days per week, within the 
administrative workweek, Sunday through Saturday for each full shift 
required. Graders are to be given reasonable advance notice by 
management of any change in the hours that grading service is 
requested.
    5. In Sec. 55.310, paragraph (b) is revised to read as follows:


Sec. 55.310  Form of official identification symbol and inspection 
mark.

* * * * *
    (b) The inspection marks which are permitted to be used on products 
shall be contained within the outline of a shield and with the wording 
and design set forth in Figure 2 of this section, except the plant 
number may be preceded by the letter ``P'' in lieu of the word 
``plant''. Alternatively, it may be omitted from the official shield if 
applied on the container's principal display panel or other prominent 
location and preceded by the letter ``P'' or the word ``Plant''.
    6. In Sec. 55.330, paragraph (c) is revised to read as follows:


Sec. 55.330  Unauthorized use or disposition of approved labels.

* * * * *
    (c) Upon termination of inspection service in an official plant 
pursuant to the regulations in this part, all labels or packaging 
material bearing official identification to be used to identify product 
packed by the plant shall either be destroyed, or have the official 
identification completely obliterated under the supervision of a USDA 
representative, or, if to be used at another location, modified in a 
manner acceptable to the Service.
    7. In Sec. 55.410, paragraph (b) is amended by removing the words 
``in the regional office'' and adding in its place ``with the Regional 
Director in the region'', and revising the heading of paragraph (a) to 
read as follows:


Sec. 55.410  Where to file an appeal.

    (a) Appeal of resident grader's or inspector's grading or decision 
in an official plant. * * *
    8. Section 55.420 is revised to read as follows:


Sec. 55.420  How to file an appeal.

    The request for an appeal grading or inspection or review of a 
grader's or inspector's decision may be made orally or in writing. If 
made orally, written confirmation may be required. The applicant shall 
clearly state the identity of the product, the decision which is 
questioned, and the reason(s) for requesting the appeal service. If 
such appeal request is based on the results stated on an official 
certificate, the original and all copies of the certificate available 
at the appeal grading or inspection site shall be provided to the 
appeal grader or inspector assigned to make the appeal grading or 
inspection.


Sec. 55.430  [Amended]

    9. Section 55.430 is amended by adding after the words ``or not 
substantial,'' the words ``class, quality, quantity,'' and removing the 
word ``such'' after the words ``reason(s) for''.
    10. Section 55.450 is amended by redesignating paragraphs (a) and 
(b) as paragraphs (b) and (c) and adding a new paragraph (a) to read as 
follows:


Sec. 55.450  Procedures for selecting appeal samples.

    (a) Prohibition on movement of product. Products shall not have 
been moved from the place where the grading or inspection being 
appealed was performed and must have been maintained under adequate 
refrigeration, when applicable.
* * * * *
    11. In Sec. 55.460, the last sentence is revised to read as 
follows: [[Page 20056]] 


Sec. 55.460  Appeal certificates.

    * * * When the appeal grader or inspector assigns a different class 
to the lot or determines that a net weight shortage exists, the lot 
shall be retained pending correction of the labeling or approval of the 
product disposition by the National Supervisor.

PART 59--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS 
INSPECTION ACT)

    12. The authority citation for part 59 continues to read as 
follows:

    Authority: 21 U.S.C. 1031-1056.

    13. Section 59.5 is amended by revising the definition for the term 
``Dirty egg'' or ``Dirties''; adding alphabetically four new terms; and 
by removing the word ``salmonella'' and adding the word ``Salmonella'' 
in its place everywhere it appears in the part.


Sec. 59.5  Terms defined.

* * * * *
    Dirty egg or Dirties means an egg(s) that has an unbroken shell 
with adhering dirt or foreign material.
* * * * *
    Nest-run eggs means eggs which are packed as they come from the 
production facilities without having been washed, sized and/or candled 
for quality, with the exception that some checks, dirties, or other 
obvious undergrades may have been removed.
* * * * *
    Recognized Laboratory means a non-Federal laboratory which, upon 
review, meets the requirements established by USDA for analysis of egg 
products for the presence of Salmonella.
* * * * *
    Split sample means an official sample of a pasteurized egg product 
collected by an inspector and divided into duplicate portions. One 
portion is to be analyzed for the presence of Salmonella by a 
recognized laboratory (for surveillance purposes) and the other portion 
by an AMS laboratory for comparative purposes.
* * * * *
    Washed ungraded eggs means eggs which have been washed but not 
sized or segregated for quality.
* * * * *


Sec. 59.17  [Amended]

    14. Section 59.17 is amended by removing the words ``or national 
origin'' and adding in its place ``national origin, age, or 
disability''.
    15. Section 59.28(a)(1) is amended by revising the last sentence 
and adding an additional sentence, to read as follows:


Sec. 59.28  Other inspections.

    (a) * * *
    (1) * * * In the case of shell egg packers packing eggs for the 
ultimate consumer (i.e., packed for direct use of household consumers, 
restaurants, institutions, etc.), such inspections shall be made a 
minimum of once each calendar quarter. Hatcheries are to be inspected a 
minimum of once each fiscal year.
    16. Section 59.122 is revised to read as follows:


Sec. 59.122  Time of inspection.

    The inspector who is to perform the inspection in an official plant 
shall be given reasonable advance notice by plant management of the 
hours when such inspection will be required.
    17. Section 59.124 is amended by adding a sentence at the end of 
the section to read as follows:


Sec. 59.124  Schedule of operation of official plants.

    * * * As an alternative, the normal operating schedule shall 
consist of a continuous 10-hour period per day (excluding not to exceed 
1 hour for lunch), 4 consecutive days per week, within the 
administrative workweek, Sunday through Saturday for each full shift 
required.
    18. Section 59.130 is amended by adding two sentences at the end of 
the section to read as follows:


Sec. 59.130  Basis of billing plants.

    * * * In addition, fees will be charged and collected for 
certifications requested by and provided for the official plant that 
are not within the scope of these regulations. Unless otherwise 
provided in this part, the fees to be charged and collected for any 
service performed (other than an appeal) shall be based on the 
applicable rates specified in the Regulations Governing the Voluntary 
Inspection of Egg Products and Grading (7 CFR 55.510 through 55.560).
    19. In Sec. 59.136, paragraph (a) is revised to read as follows:


Sec. 59.136  Facilities and equipment to be furnished by official 
plants for use of inspectors in performing service.

    (a) Such facilities and equipment shall include but not be limited 
to a room or area suitable for sampling product, and acceptable: 
candling light, flashlight, heavy duty, high speed drill with an eleven 
sixteenths-inch or larger bit of sufficient length to reach the bottom 
of containers used for frozen eggs, metal stem thermometer(s), test 
thermometer(s), stop watch, test weighing scale(s) and test weight(s), 
test kit for determining the bactericidal strength of sanitizing 
solutions, and stationary or adequately secured storage box or cage 
(capable of being locked) for holding official samples.
* * * * *
    20. Section 59.146 is amended by redesignating paragraph (d) as 
paragraph (e) and paragraph (e) as paragraph (d), revising paragraphs 
(b)(1), (b)(2), (b)(7), (c), newly redesignated (d) and (e) to read as 
follows, and removing paragraph (b)(8):


Sec. 59.146  Application for continuous inspection in official plants; 
approval.

* * * * *
    (b) * * *
    (1) Applicants may obtain information or assistance from the 
applicable Regional Director as to the requirements before submitting 
blueprint drawings, specifications, and supplemental information.
    (2) Four copies of each blueprint drawing, as specified in this 
section of the complete floor plan, plot plan, supplemental 
information, and specifications shall be submitted. Sheet size of the 
print shall not exceed 34 by 44 inches, the wording shall be legible, 
all lines sharp and clear, and properly drawn to scale. Each print 
shall show the scale used, north point of the compass, and the firm 
name, street, city, state, and zip code or an accurate description of 
the location.
* * * * *
    (7) Supplemental information may be shown as notations on the 
blueprint drawings or on supplemental sheets. Supplemental information 
shall include clarifying information such as sequence of processing 
edible products, handling of inedible product, shell disposal, handling 
of packaging material, liquid pumping systems, cleaned-in-place 
systems, description of pasteurizer, description of drier, type and 
efficiency of air filtration, hot water facilities, sewage disposal, 
and such other notations as may be required. Specification sheets shall 
indicate height of ceilings and type construction, type of floor and 
wall construction, wall and partition material, that floor/wall 
junctions are coved, when applicable, and number of employees who will 
use each toilet room and facilities.
    (c) Upon approval of the blueprints, supplemental information, and 
specifications, the application for service may be approved.
    (d) Final survey and plant approval: Prior to the inauguration of 
continuous inspection service, a final survey of the plant and premises 
shall be made by the supervisory egg products inspector to determine if 
the plant is constructed and facilities are installed in accordance 
[[Page 20057]] with the approved blueprints and these regulations. The 
plant may be approved only when these requirements have been met.
    (e) Changes and revisions of official plant: When changes are 
planned in official plant construction, facilities, and equipment 
covered by previously approved prints, a completely revised 
blueprint(s) showing proposed alterations and additions or an overlay 
print drawn to the same scale as the print to be modified or revised is 
required. Blueprints as specified shall be submitted prior to beginning 
new construction or alteration of existing facilities. A final survey 
of the completed alterations and additions shall be made by the 
supervisory egg products inspector to determine if the changes are in 
accordance with approved drawings and the regulations.


Sec. 59.155  [Amended]

    21. Section 59.155 is amended by removing the last sentence of the 
section.


Sec. 59.300  [Amended]

    22. Section 59.300 is amended by adding immediately after the word 
``class'' the word ``, quantity,''.


Sec. 59.310  [Amended]

    23. In Sec. 59.310, paragraph (a) is amended by removing the word 
``from'' in the heading and replacing it with the word ``of'', and in 
the first sentence, adding a comma followed by the word ``quantity,'' 
immediately after the words ``determination of the class'', and adding 
a comma immediately after the words ``left such plant''.
    24. Section 59.320 is revised to read as follows:


Sec. 59.320  How to file an appeal.

    The request for an appeal inspection or review of an inspector's 
decision may be made orally or in writing. If made orally, written 
confirmation may be required. The applicant shall clearly state the 
identity of the product, the decision which is questioned, and the 
reason(s) for requesting the appeal service. If such appeal request is 
based on the results stated on an official certificate, the original 
and all copies of the certificate available at the appeal inspection 
site shall be provided to the inspector assigned to make the appeal 
inspection.
    25. A new Sec. 59.330 is added to read as follows:


Sec. 59.330  When an application for an appeal grading or inspection 
may be refused.

    When it appears to the official with whom an appeal request is 
filed that the reasons given in the request are frivolous or not 
substantial, or that the condition of the product has undergone a 
material change since the original grading or inspection, or that the 
original lot has changed in some manner, or the Act or the regulations 
in this part have not been complied with, the applicant's request for 
the appeal inspection may be refused. In such case, the applicant shall 
be promptly notified of the reason(s) for such refusal.
    26. Section 59.350 is amended by redesignating paragraphs (a) and 
(b) as paragraphs (b) and (c) and adding a new paragraph (a) to read as 
follows:


Sec. 59.350  Procedures for selecting appeal samples.

    (a) Prohibition on movement of product. Products shall not have 
been moved from the place where the inspection being appealed was 
performed and must have been maintained under adequate refrigeration 
when applicable.
* * * * *
    27. Section 59.360 is amended by revising the last sentence to read 
as follows:


Sec. 59.360  Appeal inspection certificates.

    * * * When the appeal inspector assigns a different class to the 
lot or determines that a net weight shortage exists, the lot shall be 
retained pending correction of the labeling or approval of the product 
disposition by the National Supervisor.
    28. Section 59.411 is amended by revising (b)(1) and (c)(3), 
revising the first sentence of (c)(1) and (e), and revising the last 
sentence of (e)(3) to read as follows:


Sec. 59.411  Requirement of formulas and approval of labels for use in 
official egg products plants.

* * * * *
    (b) * * *
    (1) A statement showing by their common or usual names the kinds 
and percentages of the ingredients comprising the egg product. A range 
may be given in cases where the percentages may vary from time to time. 
Formulas are to be expressed in terms of a liquid product except for 
products which are dry blended. Also, for products to be dried, the 
label may show the ingredients in the order of descending proportions 
by weight in the dried form. However, the formula submitted must 
include the percentage of ingredients in both liquid and dried form.
* * * * *
    (c) * * *
    (1) The common or usual name, if any, and if the product is 
comprised of two or more ingredients, such ingredients shall be listed 
in the order of descending proportions by weight in the form in which 
the product is to be marketed (sold), except that ingredients in dried 
products (other than dry blended) may be listed in either liquid or 
dried form. * * *
* * * * *
    (3) The lot number or approved alternative code number indicating 
date of production;
* * * * *
    (e) Nutrition information may be included on labels used to 
identify egg products, providing such labeling complies with the 
provisions of 21 CFR part 101, promulgated under the Federal Food, 
Drug, and Cosmetic Act and the Fair Packaging and Labeling Act. * * *
* * * * *
    (3) * * * All labels showing nutrition information or claims are 
subject to review by the Food and Drug Administration prior to approval 
by the Department.
* * * * *
    29. In Sec. 59.412, paragraph (b) is revised to read as follows:


Sec. 59.412  Form of official identification symbol and inspection 
mark.

* * * * *
    (b) The inspection mark which is to be used on containers of edible 
egg products shall be contained within the outline of a shield and with 
the wording and design set forth in Figure 2 of this section, except 
the plant number may be preceded by the letter ``P'' in lieu of the 
word ``plant''. Alternatively, it may be omitted from the official 
shield if applied on the container's principal display panel or other 
prominent location and preceded by the letter ``P'' or the word 
``Plant''.
* * * * *
    30. Section 59.415 is amended by revising the second sentence to 
read as follows:


Sec. 59.415  Use of other official identification.

    * * * The plant number may be omitted from the identification if 
applied elsewhere on the container's principal display panel or other 
prominent location and preceded by the letter ``P'' or the word 
``plant''. * * *
    31. In Sec. 59.417, paragraph (c) is revised to read as follows:


Sec. 59.417  Unauthorized use or disposition of approved labels.

* * * * *
    (c) Upon termination of inspection service in an official plant 
pursuant to these regulations, all labels or packaging materials 
indicating product packed by [[Page 20058]] the plant which bear 
official identification shall either be destroyed under the supervision 
of the Service or, if used in another location, modified in a manner 
acceptable to the Service before use.
    32. In Sec. 59.502, paragraph (b) is revised to read as follows:


Sec. 59.502  Equipment and utensils; PCB-containing equipment.

* * * * *
    (b) Except as authorized by the Administrator, in new or remodeled 
equipment and equipment installations, the equipment and installation 
shall comply with the applicable 3-A or E-3-A Sanitary Standards and 
accepted practices currently in effect for such equipment.
* * * * *
    33. In Sec. 59.504, the last sentence of paragraph (c) and 
paragraph (h) are revised to read as follows:


Sec. 59.504  General operating procedures.

* * * * *
    (c) * * * In addition, product shipped from the official plant for 
industrial use or animal food need not be denatured or decharacterized, 
provided, that such product is properly packaged, labeled, segregated, 
and inventory controls are maintained, and that such product is shipped 
under Government seal and certificate and received at the destination 
location by an inspector or grader as defined in this part.
* * * * *
    (h) Only germicides, insecticides, rodenticides, detergents, or 
wetting agents or other similar compounds which will not deleteriously 
affect the eggs or egg products when used in an approved manner and 
which have been approved by the Administrator, may be used in an 
official plant. The identification, storage, and use of such compounds 
shall be in a manner approved by the Administrator.
* * * * *
    34. In Sec. 59.506, paragraph (d) is revised to read as follows:


Sec. 59.506  Candling and transfer-room facilities and equipment.

* * * * *
    (d) Candling devices of an approved type shall be provided to 
enable candlers to detect loss, inedible, dirty eggs, and eggs other 
than chicken eggs.
* * * * *
    35. Section 59.515 is amended by removing the last sentence of 
paragraph (a)(8), removing paragraph (a)(9), redesignating paragraph 
(b) as paragraph (a)(9), removing paragraph (c), and reserving 
paragraph (b).
    36. A new Sec. 59.516 is added to read as follows:


Sec. 59.516  Sanitizing and drying of shell eggs prior to breaking.

    (a) Immediately prior to breaking, all shell eggs shall be spray 
rinsed with potable water containing an approved sanitizer of not less 
than 100 ppm nor more than 200 ppm of available chlorine or its 
equivalent. Alternative procedures may be approved by the Administrator 
in lieu of sanitizing shell eggs washed in the plant.
    (b) Shell eggs shall be sufficiently dry at time of breaking to 
prevent contamination or adulteration of the liquid egg product from 
free moisture on the shell.
    37. In Sec. 59.530, paragraph (g) is added to read as follows:


Sec. 59.530  Liquid egg cooling.

* * * * *
    (g) Previously frozen egg or egg product cannot be added to liquid 
product for the purpose of complying with liquid cooling requirements.
    38. In Sec. 59.539, paragraph (d)(1) is revised to read as follows:


Sec. 59.539  Defrosting operations.

* * * * *
    (d) * * *
    (1) Frozen eggs packed in metal or plastic containers may be placed 
in running tap water (70 F deg. or lower) without submersion to speed 
defrosting.
* * * * *
    39. Section 59.580 is amended by revising the last sentence of 
paragraph (b), revising paragraphs (c) and (d), and adding a new 
paragraph (e) to read as follows:


Sec. 59.580  Laboratory tests and analyses.

* * * * *
    (b) * * * Samples of pasteurized egg products and heat treated 
dried egg whites shall be drawn from the final packaged form, in 
accordance with the approved sampling plan for the plant, and submitted 
for analysis to a laboratory recognized by USDA under its Laboratory 
Recognition Program.
    (c) Results of all analyses and tests performed under paragraphs 
(a) and (b) of this section shall be provided to the inspector promptly 
upon receipt by the plant. If samples of pasteurized products or heat 
treated dried egg whites, in addition to those described in paragraphs 
(a) and (b) of this section, are analyzed for the presence of 
Salmonella, the plant shall immediately advise the inspector of any 
such samples which are determined to be Salmonella positive.
    (d) USDA will draw split samples and submit a percentage of such 
samples to a USDA laboratory for Salmonella analysis at USDA's expense. 
The results of split samples analyzed by the recognized laboratory 
shall correlate with those of the USDA laboratory, in accordance with 
requirements specified in the Laboratory Recognition Program.
    (e) USDA will periodically draw confirmation samples and submit 
them to a USDA laboratory for analysis at USDA's expense to determine 
the accuracy of the plant's tests and analyses under paragraph (a) of 
this section. USDA may also draw additional samples for Salmonella 
analysis at a USDA laboratory at USDA's expense.
    40. In Sec. 59.720, paragraphs (a)(1) and (b) are revised to read 
as follows:


Sec. 59.720  Disposition of restricted eggs.

    (a) * * *
    (1) Checks and dirties shall be labeled in accordance with 
Sec. 59.800 and shipped directly or indirectly to an official egg 
products plant for segregation and processing. Inedible and loss eggs 
shall not be intermingled in the same container with checks and 
dirties.
* * * * *
    (b) Eggs which are packed for the ultimate consumer and which have 
been found to exceed the tolerance for restricted eggs permitted in the 
official standards for U.S. Consumer Grade B shall be identified as 
required in Secs. 59.800 and 59.860 and shall be shipped directly or 
indirectly:
    (1) To an official egg products plant for proper segregation and 
processing; or
    (2) Be regraded so that they comply with the official standards; or
    (3) Used as other than human food.
* * * * *
    41. Section 59.800 is amended by revising the next to last sentence 
to read as follows:


Sec. 59.800  Identification of restricted eggs.

    * * * When eggs are packed in immediate containers, e.g., cartons, 
sleeve packs, overwrapped 2\1/2\- or 3-dozen packs, etc., for sale to 
household consumers under the exemptions provided for in Sec. 59.100 
(c), or (f), they shall be deemed to be satisfactorily identified in 
accordance with the requirements of this part if such immediate 
containers bear the packer's name and address and the quality of the 
eggs. * * *
    42. In Sec. 59.801, the section heading and first sentence are 
revised to read as follows:


Sec. 59.801  Nest run or washed ungraded eggs.

    Nest run or washed ungraded eggs are exempt from the labeling 
provisions in [[Page 20059]] Sec. 59.800. However, when such eggs are 
packed and sold to consumers, they may not exceed the tolerance for 
restricted eggs permitted in the official standards for U.S. Consumer 
Grade B shell eggs.* * *
    43. In Sec. 59.905, paragraph (a) is revised to read as follows:


Sec. 59.905  Importation of restricted eggs or eggs containing more 
restricted eggs than permitted in the official standards for U.S. 
Consumer Grade B.

    (a) No containers of restricted egg(s) other than checks or dirties 
shall be imported into the United States. The shipping containers of 
such eggs shall be identified with the name, address, and country of 
origin of the exporter, and the date of pack and quality of the eggs 
(e.g., checks, or dirties) preceded by the word ``Imported'' or the 
statement ``Imported Restricted Eggs--For Processing Only In An 
Official USDA Plant,'' or ``Restricted Eggs--Not To Be Used As Human 
Food.'' Alternatively, for properly sealed and certified shipments of 
shell eggs imported for breaking at an official egg product plant, the 
shipping containers need not be labeled, provided that the shipment is 
segregated and controlled upon arrival at the destination breaking 
plant. Such identification shall be legible and conspicuous.
* * * * *


Sec. 59.915  [Amended]

    44. In Sec. 59.915, paragraph (b)(8) is amended by adding after the 
words ``shell egg'' the words ``, including date of pack,''.


Sec. 59.940  [Amended]

    45. In Sec. 59.940, the last sentence is removed.
    46. In Sec. 59.945, paragraph (b) is revised to read as follows:


Sec. 59.945  Foreign eggs and egg products offered for importation; 
reporting of findings to customs; handling of products refused entry.

* * * * *
    (b) Consignees shall, at their own expense, return immediately to 
the collector of customs, in means of conveyance or packages sealed by 
the U.S. Department of Agriculture, any eggs or egg products received 
by them under this part which in any respect do not comply with this 
part.
    47. Section 59.950 is amended by revising paragraphs (a)(3) and 
(a)(8), redesignating paragraph (b) as (c), and adding a new paragraph 
(b) to read as follows:


Sec. 59.950  Labeling of containers of eggs or egg products for 
importation.

    (a) * * * (3) the quality or description of shell eggs, including 
date of pack; * * * (8) the date of production and plant number of the 
plant at which the egg product was processed and/or packed.

    (b) For properly sealed and certified shipments of shell eggs 
imported for breaking at an official egg products plant, the immediate 
containers need not be labeled, provided that the shipment is 
segregated and controlled upon arrival at the destination breaking 
plant.

* * * * *

    48. Section 59.955 is amended by redesignating paragraph (b) as (c) 
and adding a new paragraph (b) to read as follows:

Sec. 59.955  Labeling of shipping containers of eggs or egg products 
for importation.

* * * * *

    (b) For properly sealed and certified shipments of shell eggs 
imported for breaking at an official egg products plant, the shipping 
containers need not be labeled, provided that the shipment is 
segregated and controlled upon arrival at the destination breaking 
plant.

    49. A new Sec. 59.956 is added to read as follows:

Sec. 59.956  Relabeling of imported egg products.

    (a) Egg products eligible for importation may be relabeled with an 
approved label under the supervision of an inspector at an official egg 
products plant or other location. The new label for such product shall 
indicate the country of origin except for products which are 
reprocessed (repasteurized, or in the case of dried products, dry 
blended with products produced in the United States) in an official egg 
products plant.

    (b) The label for relabeled products must state the name, address, 
and zip code of the distributor, qualified by an appropriate term such 
as ``packed for'', ``distributed by'' or ``distributors''.

    Dated: April 17, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-9974 Filed 4-21-95; 8:45 am]

BILLING CODE 3410-02-P