[Congressional Record Volume 140, Number 80 (Wednesday, June 22, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
        EGG PRODUCTS INSPECTION ACT TECHNICAL AMENDMENTS OF 1994

                                 ______


                      HON. SANFORD D. BISHOP, JR.

                               of georgia

                    in the house of representatives

                        Wednesday, June 22, 1994

  Mr. BISHOP. Mr. Speaker, it is with great pleasure that I rise to 
introduce, along with my colleagues on the Agriculture Committee, 
Representatives Jill Long from Indiana, Earl Hilliard from Alabama, and 
Jack Kingston from Georgia, the Egg Products Inspection Act Technical 
Amendments of 1994. This bill would correct a few oversights with the 
original drafting of the shell egg temperature and handling amendments 
to the Egg Products Inspection Act. These minor flaws have created an 
unintentional obstacle to enforcing the amendments. Without the 
technical corrections that I am proposing, it will be impossible for 
USDA to enforce the amendments as originally intended.
  The temperature and handling amendments to the Egg Products 
Inspection Act were originally passed in 1991. These amendments were 
requested by the egg industry to assure that shell eggs are properly 
stored and shipped under refrigeration. Since the amendments passed, 
however, the Department of Agriculture has found that it does not have 
the statutory discretion to enforce these new provisions on a workable 
basis.
  By way of example, one problem which would be addressed by my 
legislation is the 45-degree cooling requirement for vehicles. Egg 
producers and handlers are required to cool their transportation 
vehicles to 45 degrees Fahrenheit while transporting eggs. The industry 
is in general compliance with this requirement. A problem arises, 
however, when a vehicle is opened and closed to deliver eggs. When this 
happens on a warm day, the temperature typically rises above 45 
degrees. As the amendments are currently written, USDA's hands are tied 
and the Department has no discretion while enforcing this problem. 
Either the temperature is 45 degrees when the reading is taken or the 
act has been violated.
  My bill would make a technical change necessary to allow USDA to 
enforce the amendments as it was originally intended. This change would 
keep the 45-degree standard, but base enforcement on the vehicle's 
ability to refrigerate to that temperature.
  The second change my bill proposes is to exempt small vehicles from 
the 45 degree requirement. I want to assure my colleagues that this 
exemption would not weaken the act's safety standards. This exemption 
is intended to assist in the short haul delivery of eggs directly to 
the market. Vehicles of 1 ton or less are particularly suitable for 
short, local delivery runs. It is unrealistic to require mostly small 
producers to buy and maintain a refrigerated truck for local 
deliveries.
  The final change my bill would make is to clarify that the 45-degree 
requirement is an average requirement. The temperature of air 
circulating in coolers often varies from one spot to another. These 
variations are not significant, and this change would assure that 
coolers which maintain an average temperature of 45 degrees would be in 
compliance with the amended act.
  The egg industry initiated the 1991 amendments to the Egg Products 
Inspection Act, and it still strongly supports the act's requirements. 
My bill would simply allow practical implementation of the act, while 
maintaining high standards for the egg industry. I look forward to 
working with the cosponsors of my bill, our colleagues on the 
Agriculture Committee, and our distinguished chairman to assure its 
swift passage.
  The text of the bill follows:

     SECTON 1. SHORT TITLE.

       This Act may be referred to as ``The Egg Products 
     Inspection Act Technical Amendments of 1994''.

     SEC. 101. INSPECTION.

       (a) General Authority.--Section 5(e)(1) of the Egg Products 
     Inspection Act (21 U.S.C. 1034(e)(1)) is amended to read as 
     follows:
       ``(1) Subject to paragraphs (2), (3), and (4), the 
     Secretary shall make such inspections as the Secretary 
     considers appropriate of a facility or an egg handler to 
     determine if shell eggs packed into containers destined for 
     the ultimate consumer--
       ``(A) are being stored under refrigeration at an average 
     ambient temperature no greater than 45 degrees Fahrenheit;
       ``(B) are being loaded or held in transport vehicles 
     equipped with refrigeration units delivering air at a 
     temperature no greater than 45 degrees Fahrenheit and capable 
     of cooling such vehicles to a temperature less than or equal 
     to 45 degrees Fahrenheit; and
       ``(C) contain labeling that indicates that refrigeration is 
     required.''.
       (b) Exemption.--Section 5(e)(4) of the Egg Products 
     Inspection Act (21 U.S.C. 1034(e)(4)) is amended to read as 
     follows:
       ``(4) The following shall be exempt from inspection under 
     paragraph (1):
       ``(A) All egg producers with poultry flocks of not more 
     than 3,000 layers.
       ``(B) All transport vehicles of one ton or less in size.''.

     SEC. 102. PROHIBITED ACTS.

       Section 8(c) of the Egg Products Inspection Act (21 U.S.C. 
     1037(c)) is amended--
       (1) by striking ``stored and transported'' and inserting 
     ``(1) stored'';
       (2) by striking ``ambient'' and inserting ``average 
     ambient''; and
       (3) by striking ``as prescribed by rules and regulations 
     promulgated by the Secretary'' and inserting ``(2) 
     transported in accordance with section 5(e)(1)(B), and (3) 
     labeled to indicate that refrigeration is required.''.

     SEC. 103. IMPORTS.

       Section 17(a)(3) of the Egg Products Inspection Act (21 
     U.S.C. 1046(a)(3)) is amended by striking ``under 
     refrigeration at an ambient temperature of not greater than 
     45 degrees Fahrenheit, as required by'' and inserting ``in 
     accordance with the requirements of''.

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