[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9589] [[Page Unknown]] [Federal Register: April 21, 1994] VOL. 59, NO. 77 Thursday, April 21, 1994 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 59 [Docket No. PY-94-003] Mandatory Egg Products Inspection--Shell Egg Breaking AGENCY: Agricultural Marketing Service, USDA. ACTION: Solicitation of comments. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) is soliciting comments on the mandatory egg products inspection program relative to the mechanical breaking of shell eggs. AMS invites written comments on whether it is essential that the egg shell be presented together with the egg contents for inspection by the breaking machine operator in order to determine the wholesomeness of each egg. Consideration of this issue is necessary due to a request for approval from an equipment manufacturer which utilizes shell egg breaking technology substantially different from that previously approved by USDA. This solicitation is an opportunity for all interested parties to provide AMS with comments, data, and recommendations in order that all available information can be considered. DATES: Comments must be received on or before June 6, 1994. ADDRESSES: Send written comments, in duplicate, to Janice L. Lockard, Chief, Standardization Branch, Poultry Division, Agricultural Marketing Service, Room 3944-South, P.O. Box 96456, Washington, DC 20090-6456. Comments received may be inspected at this location between 8 a.m and 4:30 p.m., Eastern Time, Monday through Friday, except holidays. State that your comments refer to Docket No. PY-94-003. FOR FURTHER INFORMATION CONTACT: Larry W. Robinson, Chief, Grading Branch, 202-720-3271. SUPPLEMENTARY INFORMATION: Background The Egg Products Inspection Act (EPIA)(21 U.S.C. 1031 et seq.) directs the Secretary of Agriculture to maintain an egg products inspection program designed to assure consumers that eggs and egg products distributed to them are wholesome, not adulterated, and properly labeled and packaged. The program, among other things, requires plants processing egg products for commerce to operate under mandatory continuous inspection and be subject to the program's sanitary, processing, and facility requirements. Section 6 of the EPIA (21 U.S.C. 1035) states that each official plant shall be operated in accordance with sanitary practices and shall have premises, facilities, and equipment as are required by the regulations which the EPIA authorizes the Secretary to promulgate to carry out the purposes or provisions of the EPIA. In addition to specifying the design, material, and construction of shell egg breaking equipment (7 CFR 59.502), the regulations require that each shell egg be broken in a satisfactory and sanitary manner and inspected for wholesomeness by smelling the shell or the egg meat and by visual examination at the time of breaking (7 CFR 59.522(f)). AMS has received a request from a firm seeking USDA approval of an egg breaking machine with a design concept which differs significantly from breaking machines currently accepted by USDA for use in officially inspected plants. On currently accepted equipment, the contents of each individual broken-out egg, together with its shell, are presented for inspection at the same moment. On the newly designed machine, only the broken-out egg contents are presented at that time. Consequently, AMS must consider the issue of whether the absence of the shell from its respective contents lessens the ability of the operator to determine the wholesomeness of each individual egg. Through this solicitation, AMS invites comments from all interested persons in the public concerning this issue. AMS is not proposing a change to its current regulations at this time, or even suggesting that a change might be needed if a new design concept breaker were approved. However, due to this technology and the increasing frequency with which other new and different technologies are being developed, AMS must be prepared to evaluate all ideas and determine their potential use without compromising the integrity of the EPIA program. Accordingly, it is important that all parties with an interest in this issue assist AMS in this evaluation. Dated: April 15, 1994. Lon Hatamiya, Administrator. [FR Doc. 94-9589 Filed 4-20-94; 8:45 am] BILLING CODE 3410-02-P