[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63675-63676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22246]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 /
Rules and Regulations
[[Page 63675]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) will 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.
DATES: This final rule is effective September 16, 2016.
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; 1400 Independence Avenue SW.; Room 3932-S, STOP 0258;
Washington, DC 20250, by facsimile to (202) 690-2746; or via email to
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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 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 amendment is in accordance with recommendations stated in the
2012 Audit Report, USDA Controls Over Shell Egg Inspections, 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 will 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 a 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 will also 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
current AMS policy implemented subsequent to the referenced 2012 OIG
audit.
Comments
A proposed rule to amend the definition of ``condition'' and
prerequisite requirements for shell eggs eligible for grading and
certification stated in the Regulations Governing the Voluntary Grading
of Shell Eggs was published in the Federal Register (81 FR 23188) on
April 20, 2016. Comments on the proposed rule were solicited from
interested parties until June 20, 2016. One comment was received from a
representative of an egg farmer's organization. The comment received
was in support of amending the definition of ``condition'' and the
prerequisite requirements for shell eggs eligible for grading and
certification. No changes were made to the proposed rule based on the
comment received.
Executive Order 12866, 13175 and 13563
USDA is issuing this final rule in conformance with Executive
Orders 12866, 13175 and 13563. This rule has been reviewed under
Executive Orders 12866, 13175 and 13563. The rule has determined to be
not significant for the purposes of Executive Order 12866 and,
therefore, has not been reviewed by the Office of Management and
Budget. The rule does not promote policies with tribal implications.
Consistent with the requirements of Executive Order 13563, the public
has had the opportunity to review and comment on the rule; and, the
rule also incorporates existing AMS policy on shell eggs eligible for
USDA grading and certification.
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 final rule on small entities.
AMS is amending 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 63676]]
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 our services.
AMS will also 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.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. When this final rule is adopted: (1) All State
and local laws and regulations that are inconsistent with the rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), OMB has approved the information collection and
recordkeeping requirements included in this final rule, and there are
no new requirements. 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, 7 CFR part 56 is amended
as follows:
PART 56--VOLUNTARY GRADING OF SHELL EGGS
0
1. The authority citation for 7 CFR 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: September 12, 2016.
Elanor Starmer,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-22246 Filed 9-15-16; 8:45 am]
BILLING CODE 3410-02-P