[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1868

                  To improve the safety of shell eggs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1999

Mr. Durbin (for himself and Mr. Harkin) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
                  To improve the safety of shell eggs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Egg Safety Act of 1999''.

SEC. 2. EGG SAFETY IMPROVEMENT.

    Section 5 of the Egg Product Inspection Act (21 U.S.C. 1034) is 
amended by adding at the end the following:
    ``(f) Egg Safety Improvement.--
            ``(1) In general.--To ensure the protection of public 
        health, the Secretary shall promulgate regulations for the 
        inspection of eggs from poultry producers with flocks of at 
        least 3,000 hens at each stage in the egg production process, 
        from the farm to the retail level.
            ``(2) Requirements.--The regulations described in paragraph 
        (1) shall--
                    ``(A) require that any inspection of eggs 
                (including inspections at official plants) be conducted 
                at a frequency so as to achieve a continuous monitoring 
                and verification of performance standards;
                    ``(B) require that inspections described in 
                paragraph (1) include the implementation, through the 
                Food Safety and Inspection Service, of hazard analysis 
                and critical control point-based programs for egg 
                safety;
                    ``(C) require labeling on egg cartons (including 
                cartons of eggs sold for institutional or food service 
                industry use)--
                            ``(i) to warn ultimate consumers of the 
                        risk of illness associated with consuming raw 
                        or undercooked eggs; and
                            ``(ii) to provide instructions on how to 
                        maintain egg safety;
                    ``(D) require uniform expiration dating of all 
                eggs, including the requirements that--
                            ``(i) no eggs packed for the ultimate 
                        consumer shall, at the time of packing, be 
                        older than 21 days from the date of lay; and
                            ``(ii) eggs packed for retail sale shall 
                        carry an expiration date or a sell by date that 
                        is not later than 30 days after the date on 
                        which the eggs were packed;
                    ``(E) provide that eggs returned to the packer from 
                grocery stores or other retail establishments, store 
                warehouses, and other entities--
                            ``(i) shall not be repackaged as shell eggs 
                        intended for human consumption; but
                            ``(ii) may be diverted for additional 
                        processing as pasteurized egg products;
                    ``(F) provide for a new expiration date for 
                pasteurized shell eggs, as determined by the Secretary; 
                and
                    ``(G) require the testing of flocks for, and the 
                pasteurization of all eggs from flocks that test 
                positive for, the presence of Salmonella enteritidis.
            ``(3) Labeling.--
                    ``(A) Contamination warning.--Labeling requirements 
                described in paragraph (2)(C) may not apply to eggs 
                that are pasteurized or treated with other technology 
                approved by the Secretary to kill pathogens that could 
                contaminate the contents of the egg, as determined by 
                the Secretary.
                    ``(B) Refrigeration.--Labeling requirements 
                described in subparagraphs (C) and (D) of paragraph (2) 
                shall be in addition to the requirement in effect on 
                the date of enactment of this subsection that all eggs 
                be labeled with a notice that the eggs should be kept 
                refrigerated.
            ``(4) Salmonella enteritidis testing program.--The Food 
        Safety and Inspection Service may trace or otherwise determine 
        the origin of production of eggs contaminated with Salmonella 
        enteritidis.
            ``(5) No effect on other authority.--Nothing in this 
        subsection affects the authority of the Secretary--
                    ``(A) to regulate and inspect eggs under any other 
                provision of this Act or any other law; or
                    ``(B) to conduct a voluntary egg grading program 
                under the Agricultural Marketing Act of 1946 (7 U.S.C. 
                1621 et seq.).''.
                                 <all>