[Federal Register: September 26, 2005 (Volume 70, Number 185)]
[Proposed Rules]
[Page 56139-56140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se05-12]
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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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[[Page 56139]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 56 and 57
[Docket No. PY-05-003]
RIN 0581-AC47
Update and Clarify a Shell Egg Grading Definition
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend the
regulations governing the voluntary shell egg grading program and the
regulations governing the inspection of eggs. The proposed revision
would revise the definition of washed ungraded eggs in each of the
regulations. From time to time, sections in the regulations are
affected by changes in egg production and processing technology. This
rule updates the regulations to reflect these changes.
DATES: Comments must be received on or before November 25, 2005.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule to David Bowden, Jr., Chief,
Standardization Branch, Poultry Programs, Agricultural Marketing
Service, U.S. Department of Agriculture, Stop 0259, room 3944--South,
1400 Independence Avenue, SW., Washington, DC 20250. Comments may be
faxed to (202) 690-0941. Comments should be submitted in duplicate.
Comments may also be submitted electronically to: AMSPYDockets@usda.gov
or http://www.regulations.gov. All comments should refer to Docket No. PY-05-
003 and note the date and page number of this issue of the Federal
Register. All comments received will be made available for public
inspection at the above location during regular business hours.
Comments received also will be made available over the Internet in the
rulemaking section of the AMS Web site http://www.ams.usda.gov/rulemaking A copy of this proposed rule may be found at: http://.
http://www.ams.usda.gov/poultry/regulations/rulemaking/index.htm.
FOR FURTHER INFORMATION CONTACT: Charles L. Johnson, Chief, Grading
Branch, (202) 720-3271.
SUPPLEMENTARY INFORMATION:
Background and Proposed Changes
AMS administers a voluntary grading program for shell eggs under
the Agricultural Marketing Act of 1946, as amended (AMA) (7 U.S.C. 1621
et seq.). Any interested party that applies for service must comply
with the terms and conditions of the regulations and must pay for the
services rendered. AMS graders monitor processing operations and verify
the grade and size of eggs packed into packages bearing the USDA
grademark. Regulations governing this program are contained in 7 CFR
part 56.
AMS also administers a mandatory inspection program for shell eggs
under the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.).
This inspection program ensures that shell eggs sold to consumers
contain no more restricted eggs than are permitted in the standards for
consumer grades. Regulations governing this program are contained in 7
CFR part 57.
The Agency routinely reviews its regulations to ensure that they
are current and up-to-date. The latest review of 7 CFR part 56 and 7
CFR part 57 identified the following changes that are needed to bring
the regulations up-to-date with current egg production and processing
technology.
Washed Ungraded Eggs
The Agency is proposing to clarify the definition of washed
ungraded eggs that appears in both regulations. The definitions
currently state that washed ungraded eggs mean ``* * * eggs which have
been washed but not sized or segregated for quality.'' The revised
definitions will state that washed ungraded eggs mean ``* * * eggs
which have been washed and that are either sized or unsized, but not
segregated for quality.''
In many in-line shell egg production facilities, shell eggs move
continuously from a laying house to the processing operation.
Frequently, eggs move through washing equipment and are segregated to
remove obvious defects (leakers, dirts, etc.) but are not graded or
segregated for quality. The resultant shell eggs may no longer be
labeled or designated as ``nest-run'' because they have been washed.
Similar to nest-run shell eggs, washed, ungraded, unsized product
is not subject to inspection under the EPIA during a shell egg
surveillance inspection unless the product is being offered for
consumer sale. Washed, ungraded, unsized product, which is not intended
for sale to consumers, is sold to official breaking plants or is
reprocessed and graded at a shell egg grading facility for consumer
sales.
In the early 1990s, Poultry Programs determined that a name
designation was needed to reference and label washed, ungraded, unsized
shell eggs. Since the product did not meet the criteria for nest-run
eggs, Poultry Programs proposed establishing a category of shell eggs
known as ``washed ungraded eggs'' to mean eggs that were washed,
unsized, and not segregated for quality.
In 1995 through notice and comment rulemaking, Poultry Programs
amended the voluntary shell egg regulations at 7 CFR part 56 and
defined shell eggs that have been washed but not segregated for grade
or size to mean ``washed ungraded eggs''. This definition has worked
well; however, as production and processing practices have changed,
many in-line shell egg production facilities now segregate washed
ungraded eggs by size.
Consequently, the resultant washed, ungraded, sized eggs are not
clearly defined by the regulations. The current definition of washed
ungraded eggs needs to be revised to include eggs that may either be
sized or unsized. This revision will clarify that this product is to be
reprocessed and graded and is not intended for sale to consumers.
Since washed ungraded, sized shell eggs do not meet the criteria
under the definition of washed ungraded eggs, we propose to revise the
definition for washed ungraded eggs to mean eggs that are washed, sized
or unsized, but not segregated for quality.
The revision is necessary to facilitate the trading, certification,
and identification of shell eggs from processing facilities when shell
eggs move from laying houses to processing facilities without being
graded.
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Executive Order 12866 and Effect on Small Entities
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). In addition, 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 the rule
on small entities and has determined that its provisions would not have
a significant economic impact on a substantial number of small
entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. The Small Business
Administration (SBA) (13 CFR 121.201) defines small entities that
produce and process chicken eggs as those whose annual receipts are
less than $9,000,000. Approximately 625,000 egg laying hens are needed
to produce enough eggs to gross $9,000,000.
Currently, the AMA authorizes a voluntary grading program for shell
eggs. Shell egg processors that apply for service must pay for the
services rendered. Shell egg processors are entitled to pack their eggs
in packages bearing the USDA grade shield when AMS graders are present
to certify that the eggs meet the grade requirements as labeled. Plants
in which these grading services are performed are called official
plants. Shell egg processors who do not use USDA's grading service may
not use the USDA grademark. There are about 540 shell egg processors
registered with the Department that have 3,000 or more laying hens. Of
these, 161 are official plants that use USDA's grading service and
would be subject to this proposed rule. Of these 161 official plants,
38 meet the small business definition.
The EPIA authorizes the mandatory inspection of egg products
operations and the mandatory surveillance of the disposition of shell
eggs that are undesirable for human consumption, with implementing
regulations in 7 CFR part 57. All of the approximate 540 shell egg
processors registered with the Department are required to comply with
the labeling provisions of the EPIA and would be subject to this
proposed rule. Of these 540 shell egg processors, 313 meet the small
business definition.
This proposal will not have an adverse economic impact on
processors. It would revise the AMA and the EPIA regulations by up-
dating the definition of washed ungraded eggs to reflect current egg
production and processing technology.
For the above reasons, the Agency has certified that this action
will not have a significant economic impact on a substantial number of
small entities.
Executive Orders 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action is not intended to have retroactive
effect. This rule will 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.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) the Office of Management and Budget (OMB) has approved
the information collection and recordkeeping requirements included in
this proposed rule, and there are no new requirements. The assigned OMB
control number is 0581-0128.
AMS is committed to compliance with the Government Paperwork
Elimination Act, which requires Government agencies in general to
provide the public the option of submitting information or transacting
business electronically to the maximum extent possible.
List of Subjects
7 CFR Part 56
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
7 CFR Part 57
Eggs and egg products, Exports, Food grades and standards, Food
labeling, Imports, Reporting and recordkeeping requirements.
For reasons set forth in the preamble, it is proposed that 7 CFR
parts 56 and 57 be amended as follows:
PART 56--VOLUNTARY GRADING OF SHELL EGGS
1. The authority citation for part 56 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
2. In Sec. 56.1, revise the term Washed ungraded eggs to read as
follows:
Sec. 56.1 Meaning of words and terms defined.
* * * * *
Washed ungraded eggs means eggs which have been washed and that are
either sized or unsized, but not segregated for quality.
PART 57--INSPECTION OF EGGS (EGGS PRODUCTS INSPECTION ACT)
3. The authority citation for part 57 continues to read as follows:
Authority: 21 U.S.C. 1031-1056.
4. In Sec. 57.1, revise the term Washed ungraded eggs to read as
follows:
Sec. 57.1 Definitions.
* * * * *
Washed ungraded eggs means eggs which have been washed and that are
either sized or unsized, but not segregated for quality.
Dated: September 20, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-19087 Filed 9-23-05; 8:45 am]
BILLING CODE 3410-02-P