[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Rules and Regulations]
[Pages 76373-76378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27906]



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  Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / 
Rules and Regulations  

[[Page 76373]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 56

[Docket No. PY-03-005]
RIN 0581-AC33


Voluntary Shell Egg Grading Regulations--Facilities and Equipment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) is amending the 
regulations governing the voluntary shell egg grading program. The 
revisions will add definitions that describe the official 
identification and packaging of shell eggs; provide that grading 
services may be requested or reported by electronic means; clarify the 
number of samples required for an appeal grading when the original 
samples are not available; require that plants provide two candling 
lights in an acceptable candling booth for grade determination; provide 
an additional method for lot identifying shell eggs; and clarify and 
update the facility and operating requirements of plants utilizing the 
voluntary grading service.

DATES: Effective Date: January 20, 2005.

FOR FURTHER INFORMATION CONTACT: Rex A. Barnes, Chief, Grading Branch, 
(202) 720-3271.

SUPPLEMENTARY INFORMATION:

Background and Proposed Changes

    Shell egg grading 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. It is designed to assist in 
the orderly marketing of shell eggs by providing for the official 
certification of egg quality, quantity, size, temperature, packaging, 
and other factors.
    Changing technology in egg production and processing requires that 
the regulations governing shell egg grading be updated. These revisions 
will update the requirements to bring them in line with the 
requirements that applicants utilizing official grading services must 
meet. After a plant makes an application for grading service, an agency 
representative conducts a plant survey. The survey determines if the 
plant premises, facility, equipment, and operation procedures can 
satisfactorily support the official grading of shell eggs. These 
prerequisite requirements are based on good manufacturing practices 
typically associated with food processing and have specific application 
to shell egg processing. The revisions include the following:
    (1) Definitions. The definitions of ``chief of the grading branch'' 
and ``national supervisor'' will be revised to reflect the current 
organizational structure in AMS. New definitions for ``Agricultural 
Marketing Service or AMS'', ``consumer grades,'' ``packaging,'' 
``packing,'' and ``United States Standards, Grades, and Weight Classes 
for Shell Eggs'' will be added to establish a clear meaning for these 
terms. (Sec.  56.1)
    (2) Candling Lights. This revision will amend the candling light 
requirement from one to two and will require a candling booth of 
sufficient size to accommodate at least two candling lights for 
additional graders and supervisory visits. (Sec.  56.17)
    (3) Communications. The revisions will allow alternate forms of 
electronic communications as are currently available in the market 
place. (Sec. Sec.  56.21, 56.58)
    (4) Temporary Grading Service. This revision will add temporary 
grading service as a type of grading service that could be requested by 
an applicant. The regulations will also be revised by providing that 
certificates may be issued to an applicant who utilizes temporary 
grading. (Sec. Sec.  56.17, 56.56)
    (5) Lot Numbering. This revision will update the regulations to 
reflect changes in the marking of shell eggs. (Sec.  56.37)
    (6) Official Identification. The revision will clarify that only 
product which is identified with the grademark shall be officially 
identified under the supervision of a grader or quality assurance 
inspector. (Sec.  56.39)
    (7) Types of Grading Services. The types of grading services 
available to an applicant will be added. (Sec.  56.28)
    (8) Appeal Gradings. The revision will increase the sample size to 
improve the confidence level of results and properly resolve the issue 
prompting the applicant's appeal. (Sec.  56.65)
    (9) Occupational Safety and Health Regulations. This revision will 
update the regulations to reflect that an applicant utilizing the 
official grading service must be in compliance with all applicable 
Federal, State, and local government occupational safety and health 
regulations. (Sec.  56.76)
    (10) General Premises. General premise requirements will be added. 
The revision will specify that the premises of the facility be 
maintained in an appropriate manner. (Sec.  56.76)
    (11) Structures and Facilities. The revision will update the 
regulations to reflect that all structures and facilities subject to 
moisture must be readily cleanable, sanitarily maintained, and 
impervious to moisture and that floors are constructed for proper 
drainage. (Sec.  56.76)
    (12) Lavatories and Toilets. The revisions will also specify that 
the facilities be located in areas separate and away from the grading 
and processing rooms. (Sec.  56.76)
    (13) Storage Areas. This revision will specify that adequate 
packing and packaging storage areas be provided and properly maintained 
in order that packing and packaging are stored in a dry, clean, and 
sanitary environment. (Sec.  56.76)
    (14) Grading and Packing Rooms. The revision will update the 
requirements of the grading and packing rooms by specifying their 
sanitary design and construction. Additionally, the revision will 
specify that during operations the sanitation of the processing areas 
and equipment be maintained in a satisfactory manner. (Sec.  56.76)
    (15) Shell Egg Cooler Rooms. The regulations will continue to 
provide that humidifying equipment capable of maintaining a relative 
humidity, which will minimize shrinkage, shall be provided. (Sec.  
56.76)
    (16) Shell Egg Protecting Operations. The revision will update the 
regulations by specifying that the requirements for shell egg 
protecting equipment include its sanitary design, maintenance, and 
operation. The revision will also

[[Page 76374]]

eliminate the requirement that previously used contaminated oil be heat 
treated prior to its reuse. (Sec.  56.76)
    (17) Shell Egg Washing. The revision will specify that shell egg 
washing equipment be sanitarily designed and maintained in a clean and 
sanitary manner. The revision will also specify that shell egg drying 
equipment be sanitarily designed and maintained, that air used for 
drying must be filtered, and that filters are to be cleaned and 
maintained. (Sec.  56.76)
    (18) Shell Egg Wash Water. The revision will clarify that the plant 
would be responsible for providing an accurate thermometer to measure 
the temperature of the wash water. (Sec.  56.76)
    (19) Spray Rinse Sanitizer. The revision will revise the 
regulations to reflect that the spray rinse contains a sanitizer 
approved by the national supervisor of not less than 100 p/m nor more 
than 200 p/m of available chlorine or its equivalent. The revision will 
update the regulations to reflect that shell eggs receive an increased 
exposure to an approved sanitizer. (Sec.  56.76)
    (20) Shell Egg Washing. The revision will reflect that shell eggs 
be removed from the processing equipment during any non-processing 
periods to prevent loss of egg quality from extended exposure to 
elevated temperatures. (Sec.  56.76)
    (21) Removal of Washing Operation Steam and Vapors. The revision 
will specify that steam, vapors, or odors originating from washing and 
rinsing operations shall be exhausted to the outside of the building to 
prevent the development of an undesirable environment in the shell egg 
processing room. (Sec.  56.76)
    (22) Shell Egg Packing. The revision will add that eggs that are to 
be identified with a grademark may be packed in other than fiber 
packing materials. (Sec.  56.76)
    (23) Approval of Chemicals and Compounds. The regulations will be 
updated to reflect that the national supervisor, Poultry Programs is 
responsible for determining acceptance of the intended use of chemicals 
and compounds for their specified use. (Sec.  56.76)

Proposed Rule and Comments

    The proposed rule was published in the Federal Register June 2, 
2004 (69 FR 31039). The comment period ended August 2, 2004.
    We received four timely comments: one from a shell egg producer, 
two from an industry organization, and one from a State department of 
agriculture.
    The State department of agriculture suggested that shell egg 
processing facilities in the future should comply fully with 21 CFR 
part 110, giving variances where needed. The Good Manufacturing 
Practices promulgated by the Food and Drug Administration at 21 CFR 
part 110 already serve as a foundation for the Agency for the 
processing and facility requirements of the voluntary shell egg grading 
regulations. Moreover, the Agency will continue to use them as a source 
upon which the processing and facility requirements for this program 
are based.
    Both the shell egg producer and the industry organization did not 
support requiring that cooler rooms holding officially identified shell 
eggs be capable of maintaining a relative humidity of 70% or higher. 
Both commenters discussed the difficulty of humidifying ambient air in 
the colder climates of the United States. The shell egg producer 
additionally addressed that shell eggs do not remain in egg producer's 
coolers more than a few days before they enter marketing channels where 
shell eggs are not subject to humidity requirements. The Agency 
revisited this issue and after considering the current trend of shell 
eggs promptly moving through marketing channels is withdrawing this 
proposal from the final rule. The Agency will not amend the regulations 
which currently provide the requirements that cooler rooms holding 
shell eggs that are identified with a consumer grade shall be equipped 
with humidifying equipment capable of maintaining a relative humidity 
to minimize shrinkage which affects the quality of shell eggs.
    The industry organization suggested that the terms ``appropriate 
manner'' and ``sanitary'' be further clarified in order that shell egg 
graders apply these terms in a consistent manner. The Agency believes 
that the descriptors identified by the commenter provide the level of 
clarity appropriate for our regulatory language. These descriptors also 
can be found in the product indexes that provide detailed guidance to 
graders to assure that the regulations are being correctly implemented 
and to supervisors to assure that the program is being properly 
administrated.
    The industry organization requested that egg producers be able to 
choose how to lot number shell eggs including continuing to have the 
option to lot number shell eggs on the carton. The Agency is not 
restricting how producers lot number shell eggs identified with an 
official grademark. Moreover, this revision provides producers with an 
additional option to apply a lot number on an individual shell egg.
    The industry organization asked if the Agency will issue levels for 
quaternary ammonia and other sanitizers in sanitizer spray rinse. The 
strength of a sanitizer spray rinse is currently based on the 
concentration of chlorine or its equivalent. The Agency finds that this 
is an appropriate manner to describe the required level of 
concentration of the sanitizing solution.
    When the proposed rule was published, the Agency inadvertently 
overlooked a technical revision of the terms describing the official 
grademark in Sec.  56.76(g)(1). To clearly describe these marks, in 
Sec.  56.76(g)(1), the Agency is removing the word ``consumer'' in the 
requirements for eggs officially identified with a grademark.

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 Agricultural Marketing Act of 1946, as amended, (7 
U.S.C. 1621 et seq.) authorizes a voluntary grading program for shell 
eggs. Shell egg processors that apply for service must pay for the 
services rendered. So that costs are shared by all users, these user 
fees are proportional to the volume of shell eggs graded. 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 558 shell egg processors registered with the Department 
that have 3,000 or more laying hens. Of these, 161 are official

[[Page 76375]]

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.
    Sections of the regulations are affected by changes in egg 
production and processing technology. This rule is intended to clarify 
and update this regulation and bring them in line with requirements 
that applicants utilizing official grading services currently are 
meeting. The revisions will add definitions that describe the official 
identification and packaging of shell eggs; provide that grading 
services may be requested or reported by electronic means; clarify the 
number of samples required for an appeal grading when the original 
samples are not available; require that plants provide two candling 
lights in an acceptable candling booth for grade determination; provide 
an additional method for lot identifying shell eggs; and clarify and 
update the facility and operating requirements of plants utilizing the 
voluntary grading service. Accordingly, the revision will not have a 
significant economic impact on a substantial number of small entities.

Executive Orders 12988

    This 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

    The information collection requirements in Sec. Sec.  56.21(a), 
56.21(c), 56.37, 56.56(a), 56.58, 56.76(f)(7), and 56.76(h) amended by 
this rule have been previously approved by OMB and assigned OMB control 
number 0581-0128 under the Paper Reduction Act of 1995.
    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 in 7 CFR Part 56

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


0
For reasons set forth in the preamble, 7 CFR part 56 is amended as 
follows:

PART 56--VOLUNTARY GRADING OF SHELL EGGS

0
1. The authority citation for part 56 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.


0
2. In Sec.  56.1, revise the terms chief of the grading branch and 
national supervisor and add, alphabetically, the new terms Agricultural 
Marketing Service or AMS, consumer grades, grademark, official 
standards, officially identified, packaging, packing, and United States 
Standards, Grades, and Weight Classes for Shell Eggs to read as 
follows:


Sec.  56.1  Meaning of words and terms defined.

* * * * *
    Agricultural Marketing Service or AMS means the Agricultural 
Marketing Service of the Department.
* * * * *
    Chief of the Grading Branch means the Chief of the Grading Branch, 
Poultry Programs, AMS.
* * * * *
    Consumer grades means U.S. Grade AA, A, and B.
* * * * *
    Grademark means the official identification symbol (shield) used to 
identify eggs officially graded according to U.S. consumer grade 
standards.
* * * * *
    National supervisor means (a) the officer in charge of the shell 
egg grading service of the AMS, and (b) other employees of the 
Department designated by the national supervisor.
* * * * *
    Official standards means the official U.S. standards grades, and 
weight classes for shell eggs maintained by and available from Poultry 
Programs, AMS.
    Officially identified means eggs that have official marks applied 
to the product under the authority of the AMS in accordance with the 
act and its regulations.
* * * * *
    Packaging means the primary or immediate container in which eggs 
are packaged and which serves to protect, preserve, and maintain the 
condition of the eggs.
    Packing means the secondary container in which the primary or 
immediate container is placed to protect, preserve, and maintain the 
condition of the eggs during transit or storage.
* * * * *
    United States Standards, Grades, and Weight Classes for Shell Eggs 
(AMS 56) means the official U.S. standards, grades, and weight classes 
for shell eggs that are maintained by and available from Poultry 
Programs, AMS.
* * * * *


Sec.  56.9  [Amended]

0
3. Section 56.9 is revised by removing the numbers 56.76(e)(6) and 
56.76(g) and adding in their place the numbers 56.76(f)(7) and 56.76(h) 
and adding the number 56.21(c).

0
4. Section 56.17 is amended by revising the introductory text and 
paragraph (a)(5), and by adding a new paragraph (a)(6) to read as 
follows:


Sec.  56.17  Facilities and equipment for graders.

    Facilities and equipment to be furnished by the applicant for use 
of graders in performing service on a resident or temporary basis shall 
include (when deemed necessary) the following:
* * * * *
    (a) * * *
    (5) Two candling lights that provide a sufficient combined 
illumination through both the aperture and downward through the bottom 
to facilitate accurate interior and exterior quality determinations.
    (6) A candling booth adequately darkened and located in close 
proximity to the work area that is reasonably free of excessive noise. 
The booth must be sufficient in size to accommodate two graders, two 
candling lights, and other necessary grading equipment.

0
5. Section 56.21 is amended by revising paragraph (a) and adding (c) to 
read as follows:


Sec.  56.21  How application for service may be made; conditions of 
service.

    (a) Noncontinuous grading service on a fee basis. An application 
for any noncontinuous grading service on a fee basis may be made in any 
office of grading, or with any grader at or nearest the place where the 
service is desired. Such application may be made orally (in person or 
by telephone), in writing, or by other electronic means.
* * * * *
    (c) Temporary grading service on a fee basis. An application for 
grading service on a temporary basis must be made in writing on forms 
approved by the Administrator and filed with the Administrator. Such 
forms may be obtained at the national, regional, or State grading 
office. In making application, the applicant agrees to comply with the 
terms and conditions of the regulations (including, but not limited to, 
such instructions governing grading of products as may be issued from 
time to time by the Administrator). No member of or Delegate to 
Congress or Resident Commissioner shall be

[[Page 76376]]

admitted to any benefit that may arise from such service unless derived 
through service rendered a corporation for its general benefit.

0
6. Section 56.28 is added to read as follows:


Sec.  56.28  Types of grading service.

    (a) Noncontinuous grading service. This type of service is 
performed when an applicant requests grading of a particular lot of 
shell eggs. Requests are made not on a regular basis. Charges or fees 
are based on the time, travel, and expenses needed to perform the work. 
This service also may be called the fee grading service. Shell eggs 
graded under fee grading service are not eligible to be identified with 
the official grademarks shown in Sec.  56.36.
    (b) Continuous grading service on a resident basis and continuous 
grading service on a nonresident basis. Service on a resident basis has 
a scheduled tour of duty, while service on a nonresident basis has a 
nonscheduled tour of duty. Both of these services are performed when an 
applicant requests that a USDA licensed grader be stationed in the 
applicant's processing plant and grade shell eggs in accordance with 
U.S. Standards. The applicant agrees to comply with the facility, 
operating, and sanitary requirements of resident service. The charges 
for resident grading services are based on the hours of the regular 
tour of duty and the volume of shell eggs received into the plant, 
while nonscheduled service is based on the cumulative time required to 
perform the work and an administrative service charge. Shell eggs 
graded under resident grading service are only eligible to be 
identified with the official grademarks shown in Sec.  56.36 when 
processed and graded under the supervision of a grader or quality 
assurance inspector as provided in Sec.  56.39.
    (c) Temporary grading service. This type of service is performed 
when an applicant requests resident grading on a fee basis. The 
applicant must meet all of the facility, operating, and sanitary 
requirements of resident service. Charges or fees are based on the time 
and expenses needed to perform the work. Shell eggs graded under 
temporary grading service are only eligible to be identified with the 
official grademarks when they are processed and graded under the 
supervision of a grader or quality assurance inspector as provided in 
Sec.  56.39.

0
7. Section 56.37 is amended by revising the section heading and first 
sentence to read as follows:


Sec.  56.37  Lot marking of officially identified shell eggs.

    Shell eggs identified with the grademarks shown in Sec.  56.36 
shall be legibly lot numbered on either the individual egg, the carton, 
or the consumer package. * * *
* * * * *

0
8. The undesignated center heading that precedes Sec.  56.39 is revised 
to read as follows:

Prerequisites to Packaging Shell Eggs Identified With Grademarks

0
9. In Sec.  56.39, the first sentence is revised to read as follows:


Sec.  56.39  Quality assurance inspector required.

    The official identification with the grademark of any product as 
provided in Sec. Sec.  56.35 to 56.41, inclusive, shall be done only 
under the supervision of a grader or quality assurance inspector. * * *

0
10. Section 56.40 is amended by revising the section heading and 
paragraph (c) to read as follows:


Sec.  56.40  Grading requirements of shell eggs identified with 
grademarks.

* * * * *
    (c) Shell eggs which are to bear the grademark shall be packed only 
from eggs of current production. They shall not possess any undesirable 
odors or flavors.

0
11. In Sec.  56.56, the first sentence of paragraphs (a) and (b) are 
both amended by adding the words ``or temporary'' between the words 
``resident grading.''
0
12. Section 56.58 is revised to read as follows:


Sec.  56.58  Advance information.

    Upon request of an applicant, all or part of the contents of any 
grading certificate issued to such applicant may be telephoned or 
electronically transmitted to the applicant, or to the applicant's 
designee, at the applicant's expense.

0
13. In Sec.  56.65, paragraph (b) is revised to read as follows:


Sec.  56.65  Procedures for appeal gradings.

* * * * *
    (b) When the original samples are not available or have undergone a 
material change, the appeal sample size for the lot shall consist of 
double the samples required in Sec.  56.4(b).
* * * * *

0
14. Section 56.75 is revised to read as follows:


Sec.  56.75  Applicability of facility and operating requirements.

    The provisions of Sec.  56.76 shall be applicable to any grading 
service that is provided on a resident or temporary basis.

0
15. Section 56.76 is revised to read as follows:


Sec.  56.76  Minimum facility and operating requirements for shell egg 
grading and packing plants.

    (a) Applicants must comply with all applicable Federal, State and 
local government occupational safety and health regulations.
    (b) General requirements for premises, buildings and plant 
facilities. (1) The outside premises shall be free from refuse, 
rubbish, waste, unused equipment, and other materials and conditions 
which constitute a source of odors or a harbor for insects, rodents, 
and other vermin.
    (2) The outside premises adjacent to grading, packing, cooler, and 
storage rooms must be properly graded and well drained to prevent 
conditions that may constitute a source of odors or propagate insects 
or rodents.
    (3) Buildings shall be of sound construction so as to prevent, 
insofar as practicable, the entrance or harboring of vermin.
    (4) Grading and packing rooms shall be of sufficient size to permit 
installation of necessary equipment and conduct grading and packing in 
a sanitary manner. These rooms shall be kept reasonably clean during 
grading and packing operations and shall be thoroughly cleaned at the 
end of each operating day.
    (5) The floors, walls, ceilings, partitions, and other parts of the 
grading and packing rooms including benches and platforms shall be 
constructed of materials that are readily cleanable, maintained in a 
sanitary condition, and impervious to moisture in areas exposed to 
cleaning solutions or moist conditions. The floors shall be constructed 
as to provide proper drainage.
    (6) Adequate toilet accommodations which are conveniently located 
and separated from the grading and packing rooms are to be provided. 
Handwashing facilities shall be provided with hot and cold running 
water, an acceptable handwashing detergent, and a sanitary method for 
drying hands. Toilet rooms shall be ventilated to the outside of the 
building and be maintained in a clean and sanitary condition. Signs 
shall be posted in the toilet rooms instructing employees to wash their 
hands before returning to work. In new or remodeled construction, 
toilet rooms shall be

[[Page 76377]]

located in areas that do not open directly into processing rooms.
    (7) A separate refuse room or a designated area for the 
accumulation of trash must be provided in plants which do not have a 
system for the daily removal or destruction of such trash.
    (8) Adequate packing and packaging storage areas are to be provided 
that protect packaging materials and are dry and maintained in a clean 
and sanitary condition.
    (c) Grading and packing 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 reflection of light that interfere 
with, or prohibit the accurate quality determination of eggs in the 
grading or candling areas.
    (2) The grading and candling equipment shall provide adequate light 
to facilitate quality determinations. When needed, 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) The grading and candling equipment must be sanitarily designed 
and constructed to facilitate cleaning. Such equipment shall be kept 
reasonably clean during grading and packing operations and be 
thoroughly cleaned at the end of each operating day.
    (4) Egg weighing equipment shall be constructed of materials to 
permit cleaning; operated in a clean, sanitary manner; and shall be 
capable of ready adjustment.
    (5) Adequate ventilation, heating, and cooling shall be provided 
where needed.
    (d) Cooler room requirements. (1) Cooler rooms holding shell eggs 
that are identified with a consumer grade shall be refrigerated and 
capable of maintaining an ambient temperature no greater than 45 [deg]F 
(7.2 [deg]C) and equipped with humidifying equipment capable of 
maintaining a relative humidity which will minimize shrinkage.
    (2) Accurate thermometers and hygrometers shall be provided for 
monitoring cooler room temperatures and relative humidity.
    (3) Cooler rooms shall be free from objectionable odors and from 
mold, and shall be maintained in a sanitary condition.
    (e) Shell egg protecting operations. (1) Shell egg protecting (oil 
application) operations shall be conducted in a manner to avoid 
contamination of the product and maximize conservation of its quality.
    (2) Component equipment within the shell egg protecting system, 
including holding tanks and containers, must be sanitarily designed and 
maintained in a clean and sanitary manner, and the application 
equipment must provide an adequate amount of oil for shell coverage of 
the volume of eggs processed.
    (3) Eggs with excess moisture on the shell shall not be shell 
protected.
    (4) Oil having any off odor, or that is obviously contaminated, 
shall not be used in shell egg protection operations. Oil is to be 
filtered prior to application.
    (5) The component equipment of the application system shall be 
washed, rinsed, and treated with a bactericidal agent each time the oil 
is removed.
    (6) Adequate coverage and protection against dust and dirt shall be 
provided when the equipment is not in use.
    (f) Shell egg cleaning operations. (1) Shell egg washing equipment 
must be sanitarily designed, maintained in a clean and sanitary manner, 
and thoroughly cleaned at the end of each operating day.
    (2) Shell egg drying equipment must be sanitarily designed and 
maintained in a clean and sanitary manner. Air used for drying purposes 
must be filtered. These filters shall be cleaned or replaced as needed 
to maintain a sanitary process.
    (3) The temperature of the wash water shall be maintained at 90 
[deg]F (32.2 [deg]C) or higher, and shall be at least 20 [deg]F (6.7 
[deg]C) warmer than the internal temperature of the eggs to be washed. 
These temperatures shall be maintained throughout the cleaning cycle. 
Accurate thermometers shall be provided for monitoring wash water 
temperatures.
    (4) Approved cleaning compounds shall be used in the wash water.
    (5) Wash water shall be changed approximately every 4 hours or more 
often if needed to maintain sanitary conditions, and at the end of each 
shift. Remedial measures shall be taken to prevent excess foaming 
during the egg washing operation.
    (6) Replacement water shall be added continuously to the wash water 
of washers. Chlorine or quaternary sanitizing rinse water may be used 
as part of the replacement water, provided, they are compatible with 
the washing compound. Iodine sanitizing rinse water may not be used as 
part of the replacement water.
    (7) Only potable water may be used to wash eggs. Each official 
plant shall submit certification to the national office stating that 
their water supply is potable. An analysis of the iron content of the 
water supply, stated in parts per million, is also required. When the 
iron content exceeds 2 parts per million, equipment shall be provided 
to reduce the iron content below the maximum allowed level. Frequency 
of testing for potability and iron content shall be determined by the 
Administrator. When the water source is changed, new tests are 
required.
    (8) Waste water from the egg washing operation shall be piped 
directly to drains.
    (9) The washing, rinsing, and drying operations shall be continuous 
and shall be completed as rapidly as possible to maximize conservation 
of the egg's quality and to prevent sweating of eggs. Eggs shall not be 
allowed to stand or soak in water. Immersion-type washers shall not be 
used.
    (10) Prewetting shell eggs prior to washing may be accomplished by 
spraying a continuous flow of water over the eggs in a manner which 
permits the water to drain away or other methods which may be approved 
by the Administrator. The temperature of the water shall be the same as 
prescribed in this section.
    (11) Washed eggs shall be spray-rinsed with water having a 
temperature equal to, or warmer than, the temperature of the wash 
water. The spray-rinse water shall contain a sanitizer that has been 
determined acceptable for the intended use by the national supervisor 
and of not less than 100 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.
    (12) Test kits shall be provided and used to determine the strength 
of the sanitizing solution.
    (13) During non-processing periods, eggs shall be removed from the 
washing and rinsing area of the egg washer and from the scanning area 
whenever there is a buildup of heat that may diminish the quality of 
the egg.
    (14) Washed eggs shall be reasonably dry before packaging and 
packing.
    (15) Steam, vapors, or odors originating from the washing and 
rinsing operation shall be continuously and directly exhausted to the 
outside of the building.
    (g) Requirements for eggs officially identified with a grademark. 
(1) Shell eggs that are officially identified with a grademark shall be 
placed under refrigeration at an ambient temperature no greater than 45 
[deg]F (7.2 [deg]C) promptly after packaging.
    (2) Eggs that are to be officially identified with the grademark 
shall be packed only in new or good used packing material and new 
packaging materials that are clean, free of mold,

[[Page 76378]]

mustiness and off odors, and must be of sufficient strength and 
durability to adequately protect the eggs during normal distribution. 
When packed in other than fiber packing material, the containers must 
be of sound construction and maintained in a reasonably clean manner.
    (h) Use of approved chemicals and compounds. (1) All egg washing 
and equipment cleaning compounds, defoamers, destainers, sanitizers, 
inks, oils, lubricants, or any other compound that comes into contact 
with the shell eggs shall be approved by the national supervisor for 
their specified use and handled in accordance with the manufacturer's 
instructions.
    (2) All pesticides, insecticides, and rodenticides shall be 
approved for their specified use and handled in accordance with the 
manufacturer's instructions.

    Dated: December 15, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-27906 Filed 12-20-04; 8:45 am]
BILLING CODE 3410-02-P