[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Rules and Regulations]
[Pages 69968-69972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32738]
[[Page 69967]]
_______________________________________________________________________
Part III
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Parts 57 and 59
Egg Products Inspection Act Regulations;
Final Rule
Federal Register / Vol. 63, No. 242 / Thursday, December 17, 1998 /
Rules and Regulations
[[Page 69968]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 57 and 59
[Docket No. PY-99-001]
Egg Products Inspection Act Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; technical amendment.
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SUMMARY: This rule duplicates, redesignates, and amends the regulations
governing egg and egg products inspection under the Egg Products
Inspection Act (EPIA). The Department of Agriculture (USDA) has
redelegated most, but not all, functions under the EPIA from the
Agricultural Marketing Service (AMS) to the Food Safety and Inspection
Service (FSIS). Shell egg surveillance functions continue to be
delegated to AMS. This rule duplicates or redesignates those portions
of part 59 pertinent to shell egg surveillance as a new part 57, and it
leaves those portions of part 59 pertinent to other functions under the
EPIA. This action will assure that each agency has the regulations that
it needs to carry out its responsibilities, and it will facilitate the
transfer of the EPIA regulations administered by FSIS to the title of
the Code of Federal Regulations that includes the Federal Meat
Inspection Act and Poultry Products Inspection Act regulations, also
administered by FSIS.
EFFECTIVE DATE: December 18, 1998.
FOR FURTHER INFORMATION CONTACT: Douglas C. Bailey, Chief,
Standardization Branch, Poultry Programs, Agricultural Marketing
Service, U.S. Department of Agriculture, STOP 0259, 1400 Independence
Avenue, SW, Washington, D.C. 20250-0259 (202) 720-3506.
SUPPLEMENTARY INFORMATION: This rule has been determined to be not
significant for purposes of Executive Order 12866, and therefore, has
not been reviewed by the Office of Management and Budget (OMB).
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect, and does not require administrative proceedings
before parties may file suit in court challenging this rule.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic
impact of this rule on small entities. This rule is technical in
nature. It does not change regulatory requirements or the
responsibilities of any party. Accordingly, AMS has determined that
provisions of this rule would not have any economic impact on small
entities.
Background and Changes
AMS was responsible for administering the EPIA (21 U.S.C. 601 et
seq.) upon its enactment in 1970, and issued the regulations in 7 CFR
part 59. The Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (Pub.L. 103-354; 7 U.S.C. 2204e)
consolidated food safety responsibilities in FSIS. In 1995, the
Department revised its regulations to delegate most functions under
EPIA to FSIS, but continued to delegate shell egg surveillance
functions under EPIA to AMS.
This rule reorganizes and amends the EPIA regulations as a follow-
up action to the Department's redelegation of authority. The changes
duplicate and redesignate those portions of part 59 pertinent to shell
egg surveillance as a new part 57 and leaves those portions pertinent
to other functions under the EPIA in part 59. This will assure that AMS
and FSIS have the regulations that they need to carry out their
responsibilities, and it will facilitate FSIS' transfer of the
regulations remaining in part 59, as part of an upcoming rulemaking, to
the same location as other regulations administered by FSIS (chapter
III of title 9 of the Code of Federal Regulations, which includes the
Federal Meat Inspection Act and Poultry Products Inspection Act
regulations). When FSIS published a final rule implementing amendments
to the EPIA in August 1998 (63 FR 45663), the Director of the Federal
Register charged FSIS and AMS with transferring to 9 CFR the EPIA
regulations related to food safety by January 1, 1999.
Because of the technical, nonsubstantive nature of this rule, AMS
finds that it has good cause that notice and public procedure required
by the Administrative Procedure Act are unnecessary (5 U.S.C. 553).
Additionally, AMS finds that there is good cause not to delay the
effective date and therefore this rule will be effective on the first
day following the date of publication in the Federal Register (5 U.S.C.
553).
List of Subjects in 7 CFR Parts 57 and 59
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
For the reasons set forth above, 7 CFR chapter I, subchapter C is
amended as follows:
SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL
MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT
1. The heading of subchapter C is revised to read as set out above.
2. Part 57 is added to read as follows:
PART 57--INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)
Sec.
Definitions
57.1 Meaning of words.
57.5 Terms defined.
Administration
57.10 Authority.
57.13 Federal and State cooperation.
57.17 Nondiscrimination.
57.18 OMB control number.
Scope of Inspection
57.20 Inspection in accordance with methods prescribed or approved.
57.22 Basis of service.
57.28 Other inspections.
Relation to Other Authorities
57.35 Eggs outside official plants.
Eggs and Egg Products Not Intended for Human Food
57.45 Prohibition on eggs and egg products not intended for use as
human food.
Refrigeration of Shell Eggs
57.50 Temperature and Labeling Requirements.
Exemptions
57.100 Specific exemptions.
57.105 Suspension or termination of exemptions.
Performance of Service
57.110 Licensed inspectors.
57.112 Suspension of license or authority; revocation.
57.114 Surrender of license.
57.116 Activities of inspectors.
57.118 Identification.
57.119 Political activity.
57.120 Financial interest of inspectors.
57.132 Access to plants.
57.134 Accessibility of product.
Records and Related Requirements for Egg Handlers and Related
Industries
57.200 Records and related requirements.
57.220 Information and assistance to be furnished to inspectors.
Administrative Detention
57.240 Detaining product.
[[Page 69969]]
Appeal of an Inspection or Decision
57.300 Who may request an appeal inspection or review of an
inspector's decision.
57.310 Where to file an appeal.
57.320 How to file an appeal.
57.330 When an application for an appeal grading or inspection may
be refused.
57.340 Who shall perform the appeal.
57.350 Procedures for selecting appeal samples.
57.360 Appeal inspection certificates.
57.370 Cost of appeals.
Identifying and Marking Product
57.410 Shell eggs required to be labeled.
Retention
57.426 Retention.
Processing Requirements
57.504 General operating procedures.
Registration of Shell Egg Handlers
57.690 Persons required to register.
Inspection and Disposition of Restricted Eggs
57.700 Prohibition on disposition of restricted eggs.
57.720 Disposition of restricted eggs.
57.760 Inspection of egg handlers.
Identification of Restricted Eggs or Egg Products Not Intended for
Human Consumption
57.800 Identification of restricted eggs.
57.801 Nest run or washed ungraded eggs.
59.840 Identification of inedible, unwholesome, or adulterated egg
products.
57.860 Identification wording.
Imports
57.900 Requirements for importation of restricted eggs into the
United States.
57.905 Importation of restricted eggs or eggs containing more
restricted eggs than permitted in the official standards for U.S.
Consumer Grade B.
57.915 Foreign inspection certificate required.
55.920 Importer to make application for inspection of imported
eggs.
57.925 Inspection of imported eggs.
57.930 Imported eggs; retention in customs custody; delivery under
bond; movement prior to inspection; sealing; handling; facilities,
and assistance.
57.935 Means of conveyance and equipment used in handling eggs to
be maintained in sanitary condition.
57.945 Foreign eggs offered for importation; reporting of findings
to customs; handling of products refused entry.
57.950 Labeling of containers of eggs for importation.
57.955 Labeling of shipping containers of eggs for importation.
57.960 Small importations for consignee's personal use, display, or
laboratory analysis.
57.965 Returned U.S. inspected and marked products; not
importations.
57.970 Charges for storage, cartage, and labor with respect to
products imported contrary to the Act.
Authority: 21 U.S.C. 1031-1056.
PART 59--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS
INSPECTION ACT)
3. The authority citation for part 59 continues to read as follows:
Authority: 21 U.S.C. 1031-1056.
4. Undesignated center headings and sections in part 59 are
duplicated as undesignated center headings and sections in part 57, as
set out in the following table:
------------------------------------------------------------------------
Part 59 Part 57
------------------------------------------------------------------------
Definitions Definitions
Sec. 59.1 Sec. 57.1
Sec. 59.5 Sec. 57.5
Administration Administration
Sec. 59.10 Sec. 57.10
Sec. 59.13 Sec. 57.13
Sec. 59.17 Sec. 57.17
Sec. 59.18 Sec. 57.18
Scope of Inspection Scope of Inspection
Sec. 59.20 Sec. 57.20
Sec. 59.22 Sec. 57.22
Sec. 59.28 Sec. 57.28
Relation to Other Authorities Relation to Other
Authorities
Sec. 59.35 Sec. 57.35
Eggs and Egg Products Not Intended for Eggs and Egg Products Not
Human Food Intended for Human Food
Sec. 59.45 Sec. 57.45
Refrigeration of Shell Eggs Refrigeration of Shell Eggs
Sec. 59.50 Sec. 57.50
Exemptions Exemptions
Sec. 59.100 Sec. 57.100
Sec. 59.105 Sec. 57.105
Performance of Service Performance of Service
Sec. 59.110 Sec. 57.110
Sec. 59.112 Sec. 57.112
Sec. 59.114 Sec. 57.114
Sec. 59.116 Sec. 57.116
Sec. 59.118 Sec. 57.118
Sec. 59.119 Sec. 57.119
Sec. 59.120 Sec. 57.120
Sec. 59.132 Sec. 57.132
Sec. 59.134 Sec. 57.134
Records and Related Requirements for Eggs Records and Related
and Egg Products Handlers and Related Requirements for Eggs and
Industries Egg Products Handlers and
Related Industries
Sec. 59.200 Sec. 57.200
Sec. 59.220 Sec. 57.220
Administrative Detention Administrative Detention
Sec. 59.240 Sec. 57.240
Appeal of an Inspection or Decision Appeal of an Inspection or
Decision
Sec. 59.300 Sec. 57.300
Sec. 59.310 Sec. 57.310
Sec. 59.320 Sec. 57.320
Sec. 59.330 Sec. 57.330
[[Page 69970]]
Sec. 59.340 Sec. 57.340
Sec. 59.350 Sec. 57.350
Sec. 59.360 Sec. 57.360
Sec. 59.370 Sec. 57.370
Identifying and Marking Product Identifying and Marking
Product
Sec. 59.410 Sec. 57.410
Inspection, Reinspection, Condemnation, Inspection, Reinspection,
and Retention Condemnation, and Retention
Sec. 59.426 Sec. 57.426 Retention
Sanitary, Processing, and Facility Sanitary, Processing, and
Requirements Facility Requirements
Sec. 59.504 Sec. 57.504
Identification of Restricted Eggs or Egg Identification of Restricted
Products Not Intended for Human Eggs or Egg Products Not
Consumption Intended for Human
Consumption
Sec. 59.800 Sec. 57.800
Sec. 59.840 Sec. 57.840
Sec. 59.860 Sec. 57.860
Imports Imports
Sec. 59.900 Sec. 57.900
Sec. 59.905 Sec. 57.905
Sec. 59.915 Sec. 57.915
Sec. 59.920 Sec. 57.920
Sec. 59.925 Sec. 57.925
Sec. 59.930 Sec. 57.930
Sec. 59.935 Sec. 57.935
Sec. 59.945 Sec. 57.945
Sec. 59.950 Sec. 57.950
Sec. 59.955 Sec. 57.955
Sec. 59.960 Sec. 57.960
Sec. 59.965 Sec. 57.965
Sec. 59.970 Sec. 57.970
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5. The duplicated undesignated center headings that precede
Secs. 57.200, 57.426, and 57.504 and the duplicated headings of
Secs. 57.35, 57.134, 57.410, 57.900, 57.920, 57.930, 57.935, 57.945,
57.950, and 57.955 are revised as set out in the table of contents for
part 57.
6. Undesignated center headings and sections in part 59 are
redesignated as undesignated center headings and sections in part 57,
as set out in the following table:
------------------------------------------------------------------------
Part 59 Part 57
------------------------------------------------------------------------
Registration of Shell Egg Handlers Registration of Shell Egg
Handlers
Sec. 59.690 Sec. 57.690
Inspection and Disposition of Restricted Inspection and
Eggs Disposition of Restricted
Eggs
Sec. 59.700 Sec. 57.700
Sec. 59.720 Sec. 57.720
Sec. 59.760 Sec. 57.760
Sec. 59.801 Sec. 57.801
------------------------------------------------------------------------
PART 57--INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)
7. In duplicated Sec. 57.5, the definition for ``official
standards'' is revised to read as follows:
Sec. 57.5 Terms defined.
* * * * *
Official standards means the standards of quality, grades, and
weight classes for eggs.
* * * * *
8. Duplicated Sec. 57.18 is revised to read as follows:
Sec. 57.18 OMB control number.
The information collection requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 0581-0113.
Sec. 57.20 [Amended]
9. Duplicated Sec. 57.20 is amended by removing ``and egg
products''.
Sec. 57.28 [Amended]
10. Duplicated Sec. 57.28 is amended by removing and reserving
paragraph (a)(2) and by removing, in paragraph (b), ``and egg
products''.
Sec. 57.45 [Amended]
11. Duplicated Sec. 57.45 is amended by removing, in paragraph (a),
``in paragraphs (c) and (d) of this section or''; by removing, in
paragraph (b), ``or any egg products which are unwholesome,
adulterated, or are otherwise unfit for human food purposes, except as
provided in paragraphs (c) and (d) of this section,''; and by removing
paragraphs (c) and (d). As revised, Sec. 57.45 reads as follows:
Sec. 57.45 Prohibition on eggs and egg products not intended for use
as human food.
(a) No person shall buy, sell, or transport or offer to buy or
sell, or offer or receive for transportation in commerce, any eggs or
egg products which are not intended for use as human food, unless they
are denatured or decharacterized, unless shipped under seal as
authorized in Secs. 57.504(c) and 57.720(a) and identified as required
by the regulations in this part.
(b) No person shall import or export shell eggs classified as loss,
inedible, or incubator rejects unless they are denatured or
decharacterized and identified as required by the regulations in this
part.
[[Page 69971]]
Sec. 57.1000 [Amended]
12. Duplicated Sec. 57.100 is amended by removing, in the
introductory text, ``and the provision for continuous inspection of
processing operations in section 5(a) of the Act'' and by removing and
reserving paragraph (b).
Sec. 57.200 [Amended]
13. Duplicated Sec. 57.200 is amended by removing, in paragraph
(a), ``or egg products'' and ``and egg products'' and by removing, in
paragraph (b), ``and egg processing operations'', ``, (1)'', and ``,
and (2) official egg products plants which use all shell eggs received
and do not reship any shell eggs''.
Sec. 57.240 [Amended]
14. Duplicated Sec. 57.240 is amended by removing ``or egg
products'' in the first sentence.
15. Duplicated Sec. 57.310 is amended by removing paragraph (a); by
removing, in paragraph (b), ``which has left the official plant where
it was inspected or''; and by removing the paragraph designation and
the heading of paragraph (b). As revised, Sec. 57.310 reads as follows:
Sec. 57.310 Where to file an appeal.
Any interested party who is not satisfied with the determination of
the class, quantity, or condition of product which was inspected other
than in an official plant may request an appeal inspection by filing
such request with the Regional Director in the region where the product
is located or with the Chief of the Grading Branch.
Sec. 57.340 [Amended]
16. Duplicated Sec. 57.340 is amended by removing paragraph (a), by
removing ``Sec. 57.310(b)'' and adding in its place ``Sec. 57.310,''
and by removing the paragraph designation (b).
Sec. 57.410 [Amended]
17. Duplicated Sec. 57.410 is amended by removing paragraph (b) and
the paragraph designation (a).
18. Duplicated Sec. 57.504 is amended by removing and reserving
paragraphs (a) and (b); by removing, in paragraph (c) everything after
the first two sentences; and by removing paragraphs (d) through (q). As
revised, Sec. 57.504 reads as follows:
Sec. 57.504 General operating procedures.
(a) [Reserved]
(b) [Reserved]
(c) All loss and inedible eggs or egg products shall be placed in a
container clearly labeled ``inedible'' and containing a sufficient
amount of approved denaturant or decharacterant, such as FD&C brown,
blue, black, or green colors, meat and fish by-products, grain and
milling by-products, or any other substance, as approved by the
Administrator, that will accomplish the purposes of this section. Shell
eggs shall be crushed and the substance shall be dispersed through the
product in amounts sufficient to give the product a distinctive
appearance or odor.
Sec. 57.900 [Amended]
19. Paragraph (a) of duplicated Sec. 57.900 is amended by removing
``Egg products and restricted'' and adding, in its place,
``Restricted'' in the first sentence and by removing ``or egg product''
in the last sentence.
Sec. 57.915 [Amended]
20. Duplicated Sec. 57.915 is amended by removing and reserving
paragraph (a) and by removing the heading of paragraph (b).
Sec. 57.920 [Amended]
21. Duplicated Sec. 57.920 is amended by removing ``or egg
products'' and ``Eggs and Egg Products,'' in the first sentence.
Sec. 57.925 [Amended]
22. Paragraph (a) of duplicated Sec. 57.925 is amended by removing
``and egg products'' in the first sentence.
Sec. 57.930 [Amended]
23. Paragraph (a) of duplicated Sec. 57.930 is amended by removing
``or egg products'' in the first sentence.
Sec. 57.945 [Amended]
24. Duplicated Sec. 57.945 is amended by removing ``or egg
products'' in the first sentence of paragraph (a), in paragraph (b),
and in paragraph (c).
Sec. 57.950 [Amended]
25. Paragraph (a) of duplicated Sec. 57.950 is amended by removing
and reserving paragraph (a)(5) and by removing paragraphs (a)(8), and
(a)(9).
Sec. 57.955 [Amended]
26. Paragraph (a) of duplicated Sec. 57.955 is amended by removing
and reserving paragraphs (a)(3) and (a)(4) and by removing, in both
paragraphs (a)(5) and (a)(6), ``For shell eggs, the'' and adding, in
its place, ``The''.
Sec. 57.960 [Amended]
27. Duplicated Sec. 57.960 is amended by removing ``or egg
products'' in the first sentence and ``30 pounds of liquid or frozen
eggs, or 50 pounds of dried egg products,'' in the last sentence.
PART 57--[AMENDED]
28. In the duplicated and redesignated sections of part 57, each
internal reference to a section of part 59 is revised as set out in the
preceding duplication and redesignation tables.
PART 59--[AMENDED]
29. The authority citation for part 59 continues to read as
follows:
Authority: 21 U.S.C. 1031-1056.
30. In Sec. 59.5, the definition for ``official standards'' is
revised to read as follows:
Sec. 59.5 Terms defined.
* * * * *
Official standard means the standards of quality, grades, and
weight classes for eggs.
* * * * *
31. Paragraph (a)(1) of Sec. 59.28 is amended by removing, in the
first sentence, ``Business premise, facilities, inventories,
operations, transport vehicles, and records of egg handlers, and the''
and adding, in its place, ``The'' and by removing the second and third
sentences. As revised, paragraph (a)(1) of Sec. 59.28 reads as follows:
Sec. 59.28 Other inspections.
(a) Periodic inspections shall be made of:
(1) The records of all persons engaged in the business of
transporting, shipping, or receiving any eggs or egg products.
* * * * *
Sec. 59.35 [Amended]
32. Section 59.35 is amended by removing paragraph (a) and the
paragraph designation (b).
Sec. 59.40 [Amended]
33. Section 59.40 is amended by removing ``Secs. 59.504(c) and
59.720(a)'' in the first sentence and adding, in its place,
``Sec. 59.504(c)''.
34. Section 59.100 is amended by revising the introductory text,
removing and reserving paragraphs (a), (c), (d), and (f), and by
removing paragraph (h). As revised, the introductory text of
Sec. 59.100 reads as follows:
Sec. 59.100 Specific exemptions.
The following are exempt to the extent prescribed as to the
provision for continuous inspection of processing operations in section
5(a) of the Act: Provided, That the conditions for exemption and
provisions of these regulations are met:
* * * * *
Sec. 59.200 [Amended]
35. Paragraph (b) of Sec. 59.200 is amended by removing ``shell egg
handlers and'' and ``(1) producers who
[[Page 69972]]
ship all of their production as nest-run eggs without segregation need
only to maintain records indicating the amount of shell eggs shipped,
date of shipment, and the receivers' name and address, and (2)''.
Sec. 59.240 [Amended]
36. The first sentence of Sec. 59.240 is amended by removing ``or
whenever any restricted eggs capable of use as human food are found by
such a representative in the possession of any person not authorized to
acquire such eggs under the regulations in this part,''.
Sec. 59.310 [Amended]
37. Paragraph (b) of Sec. 59.310 is amended by removing ``or which
was inspected other than in an official plant''.
Sec. 59.330 [Amended]
38. Section 59.330 is amended by removing ``grading or'' in the
heading and in the first sentence.
Sec. 59.800 [Amended]
39. Section 59.800 is amended by removing the last two sentences.
Sec. 59.905 [Amended]
40. Section 59.905 is amended by removing paragraph (b) and the
paragraph designation (a).
Sec. 59.915 [Amended]
41. Section 59.915 is amended by removing the heading of paragraph
(a) and by removing and reserving paragraph (b).
Sec. 59.920 [Amended]
42. Section 59.920 is amended by removing ``upon PY Form 222--
Import Request, Eggs and Egg Products,'' in the first sentence.
Sec. 59.925 [Amended]
43. Section 59.925 is amended by removing ``eggs and'' in the
heading and in the first sentence of paragraph (a).
Sec. 59.930 [Amended]
44. Section 59.930 is amended by removing ``eggs and'' in the
heading and by removing ``eggs or'' in paragraph (a).
Sec. 59.935 [Amended]
45. The heading of Sec. 59.935 is amended by removing ``eggs and''.
Sec. 59.945 [Amended]
46. Section 59.945 is amended by removing ``eggs and'' in the
heading and by removing ``eggs or'' in the first sentence of paragraph
(a), in paragraph (b), and in paragraph (c).
Sec. 59.950 [Amended]
47. Paragraph (a) of Sec. 59.950 is amended by removing and
reserving paragraph (a)(3).
Sec. 59.955 [Amended]
48. Section 59.955 is amended by removing, in both paragraphs
(a)(3) and (a)(4), ``For egg products, the'' and adding, in its place,
``The'' and by removing and reserving paragraph (a)(5) and paragraph
(c).
Sec. 59.960 [Amended]
49. Section Sec. 59.960 is amended by removing ``eggs or'' in the
first sentence and by removing ``30-dozen shell eggs,'' in the last
sentence.
Dated: December 4, 1998.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 98-32738 Filed 12-16-98; 8:45 am]
BILLING CODE 3410-02-P