[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8031]


[[Page Unknown]]

[Federal Register: April 5, 1994]


-----------------------------------------------------------------------


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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) proposes to clarify 
and update 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 proposed 
revisions would amend existing regulations to define washed ungraded 
eggs and clarify the definition of a quality assurance inspector. The 
proposal would add age and disability as types of prohibited 
discrimination in providing grading services. Additionally, the 
proposal would 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. Further revisions would update grading room requirements to 
include mechanized shell egg operations and to require rinse water to 
be at least as warm as wash water. In addition, the standards for 
quality of individual shell eggs for B quality in U.S. Nest-Run grades 
would be harmonized with the U.S. Standards for Quality of Individual 
Shell Eggs for B quality, and the wholesale shell egg grades and weight 
classes would be deleted.

DATES: Comments must be received on or before June 6, 1994.

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 received may be inspected at this location between 8:00 a.m 
and 4:30 p.m., Eastern Time, Monday through Friday, except holidays. 
State that your comments refer to Docket No. PY-92-004.

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 purposes 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 this proposed rule, 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 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 proposed 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.
    To reflect these changes, the Agency is proposing to amend the 
Regulations Governing the Grading of Shell Eggs and the U.S. Standards, 
Grades, and Weight Classes for Shell Eggs in 7 CFR part 56.

Proposed Changes

    The proposal would 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 revision is necessary to eliminate 
the possibility that someone with a financial interest in the product 
or having managerial responsibilities would be designated as a quality 
assurance inspector. The revision also would clarify that examining or 
sampling product is a primary responsibility required of a quality 
assurance inspector.
    The proposal would 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. This addition is necessary to facilitate 
the trading, certification, and identification of shell eggs from 
processing facilities where shell eggs move continuously from laying 
house to processing facilities without being graded. Such shell eggs 
cannot be classified as nest run eggs because they have been washed and 
are not intended for consumer sales because they have not been graded.
    The proposal would update the regulations to comply with current 
statutory requirements regarding providing grading services and 
licensing graders without discrimination due to age or disability.
    The facilities and equipment which the applicant furnishes the 
grader would be revised to include other facilities and equipment as 
may otherwise be required. As new equipment has been developed and 
installed in official plants, additional items have been required to 
perform normal grading activities. The proposal would specifically 
require the applicant to provide any adequate facilities and equipment 
necessary to perform grading activities as changes in technology and 
production practices dictate.
    The proposal would revise the regulations to comply with the 
Nutrition Labeling and Education Act of 1990, which requires nutrition 
labeling on most foods that are regulated by the Food and Drug 
Administration.
    The proposal would revise the existing method 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 
current regulations specify that the cartons shall be lot numbered on 
the carton or the tape used to seal the carton. The shell egg industry 
does not use tape to seal cartons in their current production 
practices. This revision would update the regulations to reflect 
current production practices and in addition provide flexibility to 
accommodate future changes that the industry may devise for officially 
identifying shell eggs.
    In addition, the proposal would revise the minimum facility and 
operating requirements for shell egg grading and packing plants by 
updating grading room requirements. The current regulations describe 
hand-candling operations which are out-of date because almost all shell 
egg processing is done mechanically. Regulations are needed which 
define the grading room requirements of a mechanized shell egg 
processing operation. The proposed revision will specifically define 
the requirements of a mechanized shell egg operation while providing 
the flexibility to approve the acceptability of all grading rooms.
    Shell egg cleaning operations also would be 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. The current 
regulations require that washed shell eggs be spray rinsed with warm 
water. This revision would specify that ``warm'' means at least the 
temperature of the water used to wash the shell eggs and would also 
bring the regulations in line with current washing and sanitizing 
practices which help reduce bacterial contamination of shell eggs. If 
shell eggs are subjected to a sanitizing spray rinse which is colder 
than the water used to wash them, the probability of bacterial 
contamination increases because the cold water causes the shell 
contents to contract which allows contaminants to be drawn through the 
shell of the egg. Additionally, the revisions would specifically 
authorize the National Supervisor to approve methods of sanitizing 
shell eggs other than the normal spray rinse method. This revision will 
provide the flexibility to accommodate future changes in the technology 
of sanitizing shell eggs and to adapt to new waste management 
requirements.
    The Agency is proposing to delete U.S. Wholesale Grades and Weight 
Classes for Shell Eggs. This is necessary because wholesale grades are 
difficult to understand and are virtually unused. Almost all shell eggs 
moving in commerce today are sold on the basis of the U.S. Consumer 
Grades, U.S. Nest-Run Grades, company approved specifications, or sold 
without certification.
    The Agency is proposing to revise the existing standards for B 
quality in U.S. Nest-Run Grades for shell eggs by allowing shell eggs 
with pronounced ridges and thin spots to be included in the maximum 
percentage tolerance permitted for B quality. The standard for B 
quality currently defines abnormal in part as exhibiting pronounced 
ridges and thin spots. The proposed revision would provide uniformity 
between the B quality description for U.S. Nest-Run Grades and the 
standards for B quality.
    The proposal would revise the existing method of sealing cases by 
allowing the use of 2-3 inch plastic or paper gummed tape. This change 
will bring the regulations in line with current case sealing practices.

List of Subjects in 7 CFR Part 56

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

    For reasons set forth in the preamble, it is proposed that title 7, 
Code of Federal Regulations, part 56 be amended as follows:

PART 56--GRADING OF SHELL EGGS AND U.S. STANDARDS, GRADES, AND 
WEIGHT CLASSES FOR SHELL EGGS

    1. and 2. The authority citation for part 56 continues to read as 
follows:

    Authority: Secs. 202-208 of the Agricultural Marketing Act of 
1946, as amended (60 Stat. 1087-1091; 7 U.S.C. 1621-1627).

    3. 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.
    4. 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.
* * * * *
    5. 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. * * *
* * * * *
    6. 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 1, 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.
    7. 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.
    8. 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. * * *
* * * * *
    9. 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 
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.
* * * * *
    10. Sections 56.226, 56.227, and 56.228 are removed and reserved.
    11. 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.
    12. 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 shape,            10 
 permitted (15 percent lot      pronounced ridges or thin             6 
 average).\3\                   spots, interior quality               3 
                                (including blood & meat                 
                                spots) or cage marks\6\ and             
                                blood stains.                           
                               Checks.......................            
                               Loss.........................            
                               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.                     

    13. 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 closed securely so they 
will not open during transportation, by applying an approximately 2-3 
inch plastic or paper gummed tape over all seams (made by the closing 
of the case). The tape shall extend down the sides and ends of the case 
not less than 3 inches.

    Dated: March 30, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-8031 Filed 4-4-94; 8:45 am]
BILLING CODE 3410-02-P