81 FR 23188 - 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

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range		23188-23189
FR Document		2016-09139

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.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23188-23189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09139]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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.

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

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

23188

Proposed Rules Federal Register
Vol. 81, No. 76

Wednesday, April 20, 2016

This section of the FEDERAL REGISTER reference the docket number (AMS– food safety implications resulting from
contains notices to the public of the proposed LPS–15–0044), the date, and the page the use of the term ‘‘wholesomeness’’
issuance of rules and regulations. The number of this issue of the Federal and clarify that AMS’ role in grading
purpose of these notices is to give interested Register. Submitted comments will be and certification of shell eggs is solely
persons an opportunity to participate in the available for public inspection at http:// for a quality determination. The revised
rule making prior to the adoption of the final
rules.
www.regulations.gov, or during regular definition will remove the term
business hours at the above address. ‘‘wholesomeness’’ and state that
Please be advised that the identity of the ‘‘condition’’ is a characteristic detected
DEPARTMENT OF AGRICULTURE individuals or entities submitting the by sensory examination. The presence
comments will be made public on the of microorganisms, specifically
Agricultural Marketing Service Internet at the address provided above. Salmonella Enteritidis (SE) or other
FOR FURTHER INFORMATION CONTACT: pathogens, in the content of an egg
7 CFR Part 56 David Bowden, Chief, Standardization cannot be detected during such an
[Doc. No. AMS–LPS–15–0044] Branch, Quality Assessment Division, examination. The Food and Drug
Livestock, Poultry, and Seed Program, Administration (FDA) and the USDA
Amendment to the Definition of Agricultural Marketing Service, U.S. Food Safety and Inspection Service, not
‘‘Condition’’ and Prerequisite Department of Agriculture, Stop 0258, AMS, maintain jurisdiction for food
Requirement for Shell Eggs Eligible for Room 3932S, 1400 Independence safety related issues associated with
Grading and Certification Stated in the Avenue SW., Washington, DC 20250; by shell eggs.
Regulations Governing the Voluntary facsimile to (202) 690–2746; or via email AMS is also proposing to revise the
Grading of Shell Eggs David.Bowden@ams.usda.gov. prerequisite requirement of shell eggs
SUPPLEMENTARY INFORMATION: eligible for USDA grading and
AGENCY: Agricultural Marketing Service, certification. The revision will prohibit
USDA. Background and Proposed Changes the use of SE-adulterated or recalled
ACTION: Proposed rule. Section 203(c) of the Agricultural shell eggs from being presented to
Marketing Act of 1946 (AMA) (7 U.S.C. USDA for grading and certification. This
SUMMARY: The Agricultural Marketing action protects the integrity of the
1621–1627) directs and authorizes the
Service (AMS) proposes to amend the USDA grademark for quality and is
Secretary of Agriculture ‘‘to develop and
Regulations Governing the Voluntary consistent with the current AMS policy
improve standards of quality, condition,
Grading of Shell Eggs to clarify the implemented subsequent to the
quantity, grade and packaging, and
definition of ‘‘condition’’ and revise the referenced 2012 OIG audit.
recommend and demonstrate such
prerequisite requirement for shell eggs
standards in order to encourage Executive Order 12866, 13175, and
eligible for voluntary USDA grading and
uniformity and consistency in 13563
certification. The proposed revision to
commercial practices.’’ The U.S.
the prerequisite requirement will USDA is issuing this proposed rule in
Department of Agriculture (USDA) is
prohibit the use of Salmonella conformance with Executive Orders
committed to carrying out this authority
Enteritidis-adulterated or recalled shell 12866, 13175, and 13563.
in a manner that facilitates the
eggs from being presented to USDA for
marketing of agricultural products while Regulatory Flexibility Act
grading and certification. AMS is
maintaining the integrity of the USDA
proposing to revise the definition of In accordance with the Regulatory
grademark. Shell egg grading is a
‘‘condition’’ to remove any food safety Flexibility Act, 5 U.S.C. 601–602, AMS
voluntary program provided under the
implications resulting from the use of has performed an initial regulatory
AMA and offered on a fee-for-service
the term ‘‘wholesomeness’’ and clarify flexibility analysis regarding economic
basis. It is designed to assist in the
that AMS’ role in grading and effects of this proposed rule on small
orderly marketing of shell eggs by
certification of shell eggs is solely for a entities.
providing the official certification of egg
quality determination. AMS is proposing to amend the
quality, size, condition, and other
DATES: Comments must be received by factors. Regulations Governing the Voluntary
June 20, 2016. This proposed amendment is in Grading of Shell Eggs, 7 CFR part 56 to
ADDRESSES: Interested persons are accordance with recommendations revise the definition of the term
invited to submit comments concerning stated in the 2012 Audit Report, USDA ‘‘condition’’ to clarify that it relates
this proposed rule electronically at Controls Over Shell Egg Inspection, solely to a quality determination and
http://www.regulations.gov. Written issued by the USDA Office of Inspector not food safety. The current regulation
comments may also be submitted to General (OIG). In that report, OIG stated definition for ‘‘condition’’ includes the
Mark Perigen, National Shell Egg the regulatory definition of ‘‘condition’’ term ‘‘wholesomeness’’ which denotes a
Lhorne on DSK5TPTVN1PROD with PROPOSALS

Supervisor, Quality Assessment for shell eggs was confusing as it relates food safety connotation. AMS’ role in
Division (QAD), Livestock, Poultry, and to quality and food safety. OIG also grading and certification of shell eggs is
Seed Program, Agricultural Marketing stated the integrity of the USDA for a quality determination only. By
Service, U.S. Department of Agriculture, grademark for quality was not removing any food safety related terms
Stop 0258, Room 3932S, 1400 adequately protected from adulterated from the current definition of
Independence Avenue SW., shell eggs. ‘‘condition,’’ AMS will remove
Washington, DC 20250; or by facsimile AMS is proposing to revise the confusion or misunderstanding over use
to (202) 690–2746. All comments should definition of ‘‘condition’’ to remove any of the term.

VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules 23189

Since this change is a technical information and services, and for other DEPARTMENT OF AGRICULTURE
correction and editorial in nature, and purposes.
will not result in a change to the way Food and Nutrition Service
List of Subjects in 7 CFR Part 56
service is provided to our customers,
AMS has determined it will not have a Agriculture, Eggs and egg products, 7 CFR Part 273
financial impact on small entities that Food grades and standards, Food RIN 0584–AE43
utilize their services. labeling, Food packaging, Reporting and
AMS also proposes to revise the recordkeeping requirements, Voluntary Supplemental Nutrition Assistance
prerequisite requirement of shell eggs standards. Program: Standard Utility Allowances
eligible for USDA grading and Based on the Receipt of Energy
certification. The revision will prohibit For the reasons set forth in the Assistance Payments Under the
the use of SE-adulterated shell eggs or preamble, it is proposed that 7 CFR part Agricultural Act of 2014
recalled shell eggs from being presented 56 be amended as follows:
to USDA for grading and certification. AGENCY: Food and Nutrition Service
PART 56—REGULATIONS (FNS), USDA.
The FDA prohibits the use of SE- GOVERNING THE VOLUNTARY
adulterated shell eggs from being sold to ACTION: Proposed rule.
GRADING OF SHELL EGGS
consumers. When shell eggs are
SUMMARY: This proposed rule would
suspected of being adulterated with SE,
■ 1. The authority citation for part 56 revise Supplemental Nutrition
the packing facility is obligated to test
continues to read as follows: Assistance Program (SNAP) regulations
the shell eggs to assure only safe
Authority: 7 U.S.C. 1621 et seq. in accordance with amendments made
product is distributed to consumers. If
to the Food and Nutrition Act of 2008
shell eggs are found to be adulterated
■ 2. Amend § 56.1 by revising the (the Act) that requires States that elect
with SE, the FDA will issue a request to
definition of Condition to read as to use a heating or cooling standard
the packing facility to voluntarily recall
follows: utility allowance (HCSUA) in SNAP
the product, or will exercise its
eligibility determinations to make the
mandatory recall authority to return the § 56.1 Meaning of words and terms HCSUA available to households that
product to the origin facility. The defined.
have received a payment under the
product must either be destroyed or * * * * * Low-Income Home Energy Assistance
reconditioned under FDA supervision.
Condition means any characteristic Act of 1981 (LIHEAA) (known as a Low-
Since SE-adulterated shell eggs or detected by sensory examination Income Home Energy Assistance
shell eggs that have been recalled are no (visual, touch, or odor), including the Program (LIHEAP) payment), or other
longer eligible for distribution to state of preservation, cleanliness, similar energy assistance program
consumers, but are either destroyed or soundness, or fitness for human food payment, greater than $20 annually in
reconditioned under the direction of the that affects the marketing of the product. the current month or in the immediately
FDA, changing the AMS regulation will preceding 12 months.
not have an impact on small entities * * * * *
■ 3. Amend § 56.40 by revising DATES: Written comments must be
since those shell eggs are deemed unfit
for human consumption. paragraphs (c)(2) and (3) and adding received on or before June 20, 2016 to
paragraphs (c)(4) and (5) to read as be assured of consideration.
Paperwork Reduction Act ADDRESSES: The USDA Food and
follows:
In accordance with the Paperwork Nutrition Service invites interested
§ 56.40 Grading requirements of shell persons to submit written comments on
Reduction Act of 1995 (44 U.S.C. 3501
eggs identified with grademarks. this proposed rule. Comments may be
et seq.), the Office of Management and
Budget (OMB) has approved the * * * * * submitted in writing by one of the
information collection and (c) * * * following methods:
recordkeeping requirements included in • Preferred Method: Federal
(2) Not possess any undesirable odors
this proposed rule, and there are no new eRulemaking Portal: Go to http://
or flavors;
requirements. Should any changes www.regulations.gov. Follow the online
become necessary they would be (3) Not have previously been shipped instructions for submitting comments.
submitted to OMB for approval. The for retail sale; • Mail: Send comments to Sasha
assigned OMB control number is 0581– (4) Not originate from a layer house Gersten-Paal, Branch Chief, Certification
0128, as approved on July 8, 2014. environment determined positive for the Policy Branch, Program Development
AMS is committed to compliance presence of Salmonella Enteritidis (SE) Division, FNS, 3101 Park Center Drive,
with the Government Paperwork unless the eggs from the layer house Alexandria, Virginia 22302, 703–305–
Elimination Act, which requires have been sampled and have tested 2507.
government agencies in general to negative for the presence of SE in the All written comments submitted in
provide the public the option of eggs; and response to this proposed rule will be
submitting information or transacting (5) Not originate from eggs testing included in the record and will be made
business electronically to the maximum positive for SE, or not have been subject available to the public. Please be
extent possible. to a product recall. advised that the substance of the
comments and the identity of the
Lhorne on DSK5TPTVN1PROD with PROPOSALS

E-Government Act * * * * * individuals or entities submitting the
AMS is committed to complying with Dated: April 14, 2016. comments will be subject to public
the E-Government Act of 2002 to Elanor Starmer, disclosure. FNS will make the written
promote the use of the Internet and Administrator, Agricultural Marketing comments publicly available on the
other information technologies to Service. Internet via http://www.regulations.gov.
provide increased opportunities for [FR Doc. 2016–09139 Filed 4–19–16; 8:45 am] FOR FURTHER INFORMATION CONTACT:
citizen access to government BILLING CODE 3410–02–P Sasha Gersten-Paal, Branch Chief,

VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

Document Created: 2016-04-20 01:52:03
Document Modified: 2016-04-20 01:52:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received by June 20, 2016.
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]
FR Citation		81 FR 23188
CFR Associated		Agriculture; Eggs and Egg Products; Food Grades and Standards; Food Labeling; Food Packaging; Reporting and Recordkeeping Requirements and Voluntary Standards

81 FR 23188 - 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

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 81, Issue 76 (April 20, 2016)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service