20250 

USDA 


iiiiii 

United States Department of Agriculture 

Food Safety and 

Inspection Service 

14001ndependence 

Avenue, SW. 

Washington, D.C. 

Dear Importer or Broker: 

The Food Safety and Inspection Service (FSIS) is the public health agency in the 

U.S. Department of Agriculture responsible for ensuring that meat, poultry, and 

egg products imported and sold in U.S. commerce are safe, wholesome, and 

correctly labeled and packaged. FSIS enforces, among other laws, the Egg 

Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). As a possible result of 

the impact that highly-pathogenic avian influenza (HP Al) has had on 

U.S.-sourced egg products, FSIS has seen a recent increase in egg products being 

offered for import into the United States from ineligible sources. FSIS also has 

seen an increase in egg products that are not eligible to be imported into the U.S. 

somehow entering this country labeled with incorrect product names. This letter 

provides guidance on: 

• egg products under FSIS jurisdiction, 

• misbranded egg products, 

• foreign country eligibility, 

• the import process, and 

• enforcement provisions for ineligible or misbranded egg products that 

arrive at the borders ofthe United States or enter U.S. commerce without being 

presented to FSIS for reinspection as required. 

Egg products under FSIS jurisdiction: FSIS regulations (9 CFR 590.5, 

590.570, and 590.575) identify egg products under FSIS jurisdiction, including: 

• Egg albumin, dried; 

• Egg albumin other than dried; 

• Dried egg whites; 

• Pasteurized Frozen Whole Egg with citric acid; 

• Plain Pasteurized Frozen Whole Egg without added ingredients; 

• Pasteurized Liquid Yolk with 10% salt; 

• Pasteurized Frozen Scrambled Egg Mix with Whole Egg and pepper, 


starch, and dried milk; 


• Frozen Yolks with 10% sugar added; 

• Frozen Egg Whites with whipping aids (such as sodium sulfate or triethyl 

citrate); 

• Pasteurized Enzyme Modified Dried Egg Product with Egg Yolks and 

xanthan gum and citric acid to preserve color, and less than 1 % silicon dioxide as 

an anticaking agent and phospholipase; 

• Spray Dried Albumin; and 

An Equal Opportunity Provider and Employer 

April 4, 2016
• 	 Spray Dried Egg Whites with calcium citrate and salt (or other added ingredients). 

This list is not all-inclusive. Questions about whether FSIS has jurisdiction over egg 

products not listed in this letter should be referred to FSIS ' s Office of Policy and 

Program Development at http://askfsis.custhelp.com/, and the inquiry will be directed to 

the appropriate egg products subject matter experts in FSIS. 

Misbranded Egg Products: For FSIS-regulated products, the use ofthe generic term 

"Bird" to identify the type of poultry from which the egg products originated from is 

unacceptable, and product under FSIS jurisdiction labeled with that term would be 

considered misbranded. Ifthe egg products are processed from the shell egg of turkey, 

goose, duck, or guinea (not domesticated chicken), then the name ofthe poultry is 

required to be part of the common or usual product name (e.g., Pasteurized Frozen Whole 

Goose Egg with citric acid). Ifthe egg products are processed from the shell egg of a 

domesticated chicken, the word "egg" must appear as part ofthe common or usual 

product name, but the word "chicken" need not appear. 

FSIS has identified the following egg products descriptions that have appeared on the 

application for import inspection (FSIS Form 9540-1 or FSIS PGA Message Set), the 

foreign inspection certificate issued by the competent authority in the exporting country, 

or the labels on imported egg products. These tariff code descriptions are not recognized 

common or usual names for any egg products that are under FSIS jurisdiction and should 

only be used for Customs and Border Protection (CBP) purposes. Egg products labeled 

in this manner would be considered misbranded and not acceptable for shipment to the 

United States. 

• 	 Bird Egg Yolks Dried (because the word "bird" does not specify the type of 

poultry) 

• 	 Bird Egg Yolk Other than Dried (because the word "bird" does not specify the 

type ofpoultry) 

• 	 Bird Egg Not in Shell Dried, Not Yolk (because the word "bird" does not specify 

the type ofpoultry) 

• 	 Bird Egg Not in Shell Not Dried (because the word "bird" does not specify the 

type of poultry) 

• 	 Not Dry/Yolk (because the type of poultry, if not produced from chicken eggs, 

and an accurate and acceptable product description is not specified) 

• 	 Food Preparation product (because FSIS determined that the product was an 

FSIS-amenable egg product based on the product formulation) 

• 	 Protein Concentrates and Textured Protein Substances (because FSIS determined 

that the product was an FSIS-amenable egg product based on the product 

formulation) 

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Foreign Country Eligibility: Egg products must come from countries with egg products 

inspection systems equivalent to that of the United States and must be produced in plants 

the country has certified as eligible to export to the United States (21 U.S.C. 1046, 9 CFR 

590.910(a)). Currently, there are two countries eligible to export egg products to the 

United States: Canada and The Netherlands. A list of eligible plants can be found on the 

FSIS web site at: http://www.fsis.usda.gov/wps/portal/fsis/topics/internationalaffairs/importing-products/eligible-countries-products-foreign-establishments/eligibleforeign-establishments. 

Import Process: Foreign inspection certificates are required to accompany all egg 

products shipments to the United States. Upon arrival at the designated FSIS-approved 

inspection location, FSIS inspection program personnel reinspect all egg products 

shipments before they are allowed into U.S. commerce. Every lot of product is given a 

visual inspection for appearance and condition, is checked for certification and label 

compliance, and is subject to FSIS sampling. Shipments that pass reinspection are 

allowed to enter U.S. commerce. 

USDA's Animal and Plant Health Inspection Service (APHIS) may apply animal disease 

restrictions to some egg products, which would require an APHIS Veterinary Service 

permit before FSIS inspects the product. Importantly, imported egg products that require 

an APHIS Veterinary Service permit for entry into the United States must still be 

reinspected by FSIS at an approved inspection location. 

Egg substitutes, imitation eggs, and similar products that are not considered egg products 1 

are under the jurisdiction of the Department of Health and Human Services' Food and 

Drug Administration. 

Enforcement: At this time, FSIS will refuse the entry of egg product shipments 

presented for import reinspection that are ineligible, adulterated, misbranded, or 

otherwise in violation of the EPIA, as well as the implementing regulations for the Act (9 

CFR 590.925). For product that is refused entry, the importer ofrecord must, within 30 

days after notification, re-export the product back to country of origin, or voluntarily 

destroy the product under FSIS supervision (9 CFR §590.945). On May 1, 2016, FSIS 

may request recalls of ineligible, misbranded products found in U.S. commerce produced 

after that date, as well as product that has entered commerce without FSIS import 

reinspection (Failure to Present, or FTP). When a product has been identified as an FTP, 

FSIS will request, through U.S. Customs and Border Protection (CBP), a redelivery of 

1 The FSIS-amenable egg product component ofthe exempted food must still come from an approved 

source (see http://www. fsis. usda. gov/wps/portal/fsis/topics/i nternational-a ffa irs/ i mporti ngproducts/imported-food-products-contain ing-a-smal 1-amou nt-o f-meat-pou ltry-or-processed-egg-productingredients) or eggs containing no more restricted eggs than are allowed in the official standards for U.S. 

Consumer Grade B shell eggs. 

An Equal Opportunity Provider and Employer 
the shipment and appropriate CBP penalties. FSIS may request that the importer of 

record recall an FTP product, ifthe shipment cannot be redelivered. 

FSIS looks forward to working with foreign governments, importers, brokers, and all 

interested stakeholders to better ensure that egg products are not adulterated, ineligible for 

import, or mi randed upon entry into the United States. 

Sincerely, 

Daniel L. Engeljohn, PhD 

Assistant Administrator 

Office of Policy and Program Development 

An Equal Opportunity Provider and Employer