[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23188-23189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09139]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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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 

  Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / 
Proposed Rules  

[[Page 23188]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 56

[Doc. No. AMS-LPS-15-0044]


Amendment to the Definition of ``Condition'' and Prerequisite 
Requirement for Shell Eggs Eligible for Grading and Certification 
Stated in the Regulations Governing the Voluntary Grading of Shell Eggs

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 Grading of Shell Eggs to clarify 
the definition of ``condition'' and revise the prerequisite requirement 
for shell eggs eligible for voluntary USDA grading and certification. 
The proposed revision to the prerequisite requirement will prohibit the 
use of Salmonella Enteritidis-adulterated or recalled shell eggs from 
being presented to USDA for grading and certification. AMS is proposing 
to revise the definition of ``condition'' to remove any food safety 
implications resulting from the use of the term ``wholesomeness'' and 
clarify that AMS' role in grading and certification of shell eggs is 
solely for a quality determination.

DATES: Comments must be received by June 20, 2016.

ADDRESSES: Interested persons are invited to submit comments concerning 
this proposed rule electronically at http://www.regulations.gov. 
Written comments may also be submitted to Mark Perigen, National Shell 
Egg Supervisor, Quality Assessment Division (QAD), Livestock, Poultry, 
and Seed Program, Agricultural Marketing Service, U.S. Department of 
Agriculture, Stop 0258, Room 3932S, 1400 Independence Avenue SW., 
Washington, DC 20250; or by facsimile to (202) 690-2746. All comments 
should reference the docket number (AMS-LPS-15-0044), the date, and the 
page number of this issue of the Federal Register. Submitted comments 
will be available for public inspection at http://www.regulations.gov, 
or during regular business hours at the above address. Please be 
advised that the identity of the individuals or entities submitting the 
comments will be made public on the Internet at the address provided 
above.

FOR FURTHER INFORMATION CONTACT: David Bowden, Chief, Standardization 
Branch, Quality Assessment Division, Livestock, Poultry, and Seed 
Program, Agricultural Marketing Service, U.S. Department of 
Agriculture, Stop 0258, Room 3932S, 1400 Independence Avenue SW., 
Washington, DC 20250; by facsimile to (202) 690-2746; or via email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background and Proposed Changes

    Section 203(c) of the Agricultural Marketing Act of 1946 (AMA) (7 
U.S.C. 1621-1627) directs and authorizes the Secretary of Agriculture 
``to develop and improve standards of quality, condition, quantity, 
grade and packaging, and recommend and demonstrate such standards in 
order to encourage uniformity and consistency in commercial 
practices.'' The U.S. Department of Agriculture (USDA) is committed to 
carrying out this authority in a manner that facilitates the marketing 
of agricultural products while maintaining the integrity of the USDA 
grademark. Shell egg grading is a voluntary program provided under the 
AMA and offered on a fee-for-service basis. It is designed to assist in 
the orderly marketing of shell eggs by providing the official 
certification of egg quality, size, condition, and other factors.
    This proposed amendment is in accordance with recommendations 
stated in the 2012 Audit Report, USDA Controls Over Shell Egg 
Inspection, issued by the USDA Office of Inspector General (OIG). In 
that report, OIG stated the regulatory definition of ``condition'' for 
shell eggs was confusing as it relates to quality and food safety. OIG 
also stated the integrity of the USDA grademark for quality was not 
adequately protected from adulterated shell eggs.
    AMS is proposing to revise the definition of ``condition'' to 
remove any food safety implications resulting from the use of the term 
``wholesomeness'' and clarify that AMS' role in grading and 
certification of shell eggs is solely for a quality determination. The 
revised definition will remove the term ``wholesomeness'' and state 
that ``condition'' is a characteristic detected by sensory examination. 
The presence of microorganisms, specifically Salmonella Enteritidis 
(SE) or other pathogens, in the content of an egg cannot be detected 
during such an examination. The Food and Drug Administration (FDA) and 
the USDA Food Safety and Inspection Service, not AMS, maintain 
jurisdiction for food safety related issues associated with shell eggs.
    AMS is also proposing to revise the prerequisite requirement of 
shell eggs eligible for USDA grading and certification. The revision 
will prohibit the use of SE-adulterated or recalled shell eggs from 
being presented to USDA for grading and certification. This action 
protects the integrity of the USDA grademark for quality and is 
consistent with the current AMS policy implemented subsequent to the 
referenced 2012 OIG audit.

Executive Order 12866, 13175, and 13563

    USDA is issuing this proposed rule in conformance with Executive 
Orders 12866, 13175, and 13563.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-
602, AMS has performed an initial regulatory flexibility analysis 
regarding economic effects of this proposed rule on small entities.
    AMS is proposing to amend the Regulations Governing the Voluntary 
Grading of Shell Eggs, 7 CFR part 56 to revise the definition of the 
term ``condition'' to clarify that it relates solely to a quality 
determination and not food safety. The current regulation definition 
for ``condition'' includes the term ``wholesomeness'' which denotes a 
food safety connotation. AMS' role in grading and certification of 
shell eggs is for a quality determination only. By removing any food 
safety related terms from the current definition of ``condition,'' AMS 
will remove confusion or misunderstanding over use of the term.

[[Page 23189]]

    Since this change is a technical correction and editorial in 
nature, and will not result in a change to the way service is provided 
to our customers, AMS has determined it will not have a financial 
impact on small entities that utilize their services.
    AMS also proposes to revise the prerequisite requirement of shell 
eggs eligible for USDA grading and certification. The revision will 
prohibit the use of SE-adulterated shell eggs or recalled shell eggs 
from being presented to USDA for grading and certification.
    The FDA prohibits the use of SE-adulterated shell eggs from being 
sold to consumers. When shell eggs are suspected of being adulterated 
with SE, the packing facility is obligated to test the shell eggs to 
assure only safe product is distributed to consumers. If shell eggs are 
found to be adulterated with SE, the FDA will issue a request to the 
packing facility to voluntarily recall the product, or will exercise 
its mandatory recall authority to return the product to the origin 
facility. The product must either be destroyed or reconditioned under 
FDA supervision.
    Since SE-adulterated shell eggs or shell eggs that have been 
recalled are no longer eligible for distribution to consumers, but are 
either destroyed or reconditioned under the direction of the FDA, 
changing the AMS regulation will not have an impact on small entities 
since those shell eggs are deemed unfit for human consumption.

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. Should any 
changes become necessary they would be submitted to OMB for approval. 
The assigned OMB control number is 0581-0128, as approved on July 8, 
2014.
    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.

E-Government Act

    AMS is committed to complying with the E-Government Act of 2002 to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 56

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

    For the reasons set forth in the preamble, it is proposed that 7 
CFR part 56 be amended as follows:

PART 56--REGULATIONS GOVERNING THE VOLUNTARY GRADING OF SHELL EGGS

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

    Authority: 7 U.S.C. 1621 et seq.

0
2. Amend Sec.  56.1 by revising the definition of Condition to read as 
follows:


Sec.  56.1  Meaning of words and terms defined.

* * * * *
    Condition means any characteristic detected by sensory examination 
(visual, touch, or odor), including the state of preservation, 
cleanliness, soundness, or fitness for human food that affects the 
marketing of the product.
* * * * *
0
3. Amend Sec.  56.40 by revising paragraphs (c)(2) and (3) and adding 
paragraphs (c)(4) and (5) to read as follows:


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

* * * * *
    (c) * * *
    (2) Not possess any undesirable odors or flavors;
    (3) Not have previously been shipped for retail sale;
    (4) Not originate from a layer house environment determined 
positive for the presence of Salmonella Enteritidis (SE) unless the 
eggs from the layer house have been sampled and have tested negative 
for the presence of SE in the eggs; and
    (5) Not originate from eggs testing positive for SE, or not have 
been subject to a product recall.
* * * * *

    Dated: April 14, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-09139 Filed 4-19-16; 8:45 am]
BILLING CODE 3410-02-P