USDA Proposes Amendments to Voluntary Grading of Shell Eggs Regulations

Date
April 20, 2016

The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) is proposing to amend the Regulations Governing the Voluntary Grading of Shell Eggs to align them with recommendations made in the 2011 USDA Office of the Inspector General (OIG) Audit Report, USDA Controls Over Shell Egg Inspections.  The proposed amendment would clarify the definition of “condition” and update prerequisite requirements for shell eggs eligible for voluntary grading and certification.

AMS proposes to amend the definition of the term “condition” to remove the word “wholesomeness” and state that “condition” is a characteristic detected by a sensory examination.  This clarifies that the presence of microorganisms in an egg, specifically Salmonella Enteritidis (SE) or other pathogens, cannot be detected during AMS grading inspections.  The Food and Drug Administration (FDA) and the USDA Food Safety and Inspection Service, maintain jurisdiction for food safety related issues associated with shell eggs.

The proposal would also amend the prerequisite requirements of shell eggs eligible for USDA voluntary grading and certification by prohibiting AMS from grading or certifying the following types of eggs:  shell eggs that originate from an environment determined positive for the presence of SE, unless the eggs have tested negative for SE; shell eggs that tested positive for SE; and shell eggs that have been recalled or subject to a recall.

The proposed rule will be published in the April 20, 2016, Federal Register.  Comments may be posted online at www.regulations.gov, or sent to Mark Perigen, National Shell Egg Supervisor, Quality Assessment Division, Livestock, Poultry, and Seed Program, AMS, USDA, Room 3932-S, STOP 0258, 1400 Independence Avenue, S.W., Washington, DC 20250; or via Fax to (202) 690 - 2746.  Comments will be made available for public inspection at the above address during regular business hours or at www.regulations.gov.

Comments received will be posted without change, including any personal information provided.  All comments should reference the docket number: AMS-LPS-15-0044; the date of submission; and the page number of the issue of the Federal Register.  Comments must be received by June 20, 2016.  If you have any questions, contact Jennifer Porter, Director, Quality Assessment Division at (202) 690-3147.