81 FR 63675 - 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 180 (September 16, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63675-63676 | |
| FR Document | 2016-22246 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Rules and Regulations] [Pages 63675-63676] From the Federal Register Online [www.thefederalregister.org] [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
![63675
Rules and Regulations Federal Register
Vol. 81, No. 180
Friday, September 16, 2016
This section of the FEDERAL REGISTER uniformity and consistency in prerequisite requirements for shell eggs
contains regulatory documents having general commercial practices.’’ The U.S. eligible for grading and certification
applicability and legal effect, most of which Department of Agriculture (USDA) is stated in the Regulations Governing the
are keyed to and codified in the Code of committed to carrying out this authority Voluntary Grading of Shell Eggs was
Federal Regulations, which is published under in a manner that facilitates the published in the Federal Register (81
50 titles pursuant to 44 U.S.C. 1510.
marketing of agricultural products while FR 23188) on April 20, 2016. Comments
The Code of Federal Regulations is sold by maintaining the integrity of the USDA on the proposed rule were solicited
the Superintendent of Documents. Prices of grademark. Shell egg grading is a from interested parties until June 20,
new books are listed in the first FEDERAL voluntary program provided under 2016. One comment was received from
REGISTER issue of each week. AMA and offered on a fee-for-service a representative of an egg farmer’s
basis. It is designed to assist in the organization. The comment received
orderly marketing of shell eggs by was in support of amending the
DEPARTMENT OF AGRICULTURE providing the official certification of egg definition of ‘‘condition’’ and the
quality, size, condition, and other prerequisite requirements for shell eggs
Agricultural Marketing Service factors. eligible for grading and certification. No
This amendment is in accordance changes were made to the proposed rule
7 CFR Part 56 with recommendations stated in the based on the comment received.
[Doc. No. AMS–LPS–15–0044] 2012 Audit Report, USDA Controls Over
Shell Egg Inspections, issued by the Executive Order 12866, 13175 and
Amendment to the Definition of USDA Office of Inspector General (OIG). 13563
‘‘Condition’’ and Prerequisite In that report, OIG stated the regulatory USDA is issuing this final rule in
Requirement for Shell Eggs Eligible for definition of ‘‘condition’’ for shell eggs conformance with Executive Orders
Grading and Certification Stated in the was confusing as it relates to quality and 12866, 13175 and 13563. This rule has
Regulations Governing the Voluntary food safety. OIG also stated the integrity been reviewed under Executive Orders
Grading of Shell Eggs of the USDA grademark for quality was 12866, 13175 and 13563. The rule has
not adequately protected from determined to be not significant for the
AGENCY: Agricultural Marketing Service, adulterated shell eggs. purposes of Executive Order 12866 and,
USDA. AMS will revise the definition of therefore, has not been reviewed by the
ACTION: Final rule. ‘‘condition’’ to remove any food safety Office of Management and Budget. The
implications resulting from the use of rule does not promote policies with
SUMMARY: The Agricultural Marketing the term ‘‘wholesomeness’’ and clarify
Service (AMS) will amend the tribal implications. Consistent with the
that AMS’ role in grading and requirements of Executive Order 13563,
Regulations Governing the Voluntary certification of shell eggs is solely for a
Grading of Shell Eggs to clarify the the public has had the opportunity to
quality determination. The revised review and comment on the rule; and,
definition of ‘‘condition’’ and revise the definition will remove the term
prerequisite requirement for shell eggs the rule also incorporates existing AMS
‘‘wholesomeness’’ and state that
eligible for voluntary USDA grading and policy on shell eggs eligible for USDA
‘‘condition’’ is a characteristic detected
certification. grading and certification.
by a sensory examination. The presence
DATES: This final rule is effective of microorganisms, specifically Regulatory Flexibility Act
September 16, 2016. Salmonella Enteritidis (SE) or other
In accordance with the Regulatory
FOR FURTHER INFORMATION CONTACT: pathogens, in the content of an egg
Flexibility Act, 5 U.S.C. 601–602, AMS
David Bowden, Chief, Standardization cannot be detected during such an
has performed an initial regulatory
Branch, Quality Assessment Division; examination. The Food and Drug
flexibility analysis regarding economic
Livestock, Poultry, and Seed Program, Administration (FDA) and the USDA
effects of this final rule on small
Agricultural Marketing Service, U.S. Food Safety and Inspection Service not
entities.
Department of Agriculture; 1400 AMS, maintain jurisdiction for food
safety related issues associated with AMS is amending the Regulations
Independence Avenue SW.; Room Governing the Voluntary Grading of
3932–S, STOP 0258; Washington, DC shell eggs.
AMS will also revise the prerequisite Shell Eggs, 7 CFR part 56, to revise the
20250, by facsimile to (202) 690–2746; definition of the term ‘‘condition’’ to
or via email to David.Bowden@ requirement of shell eggs eligible for
USDA grading and certification. The clarify that it relates solely to a quality
ams.usda.gov. determination and not food safety. The
revision will prohibit the use of SE-
SUPPLEMENTARY INFORMATION: adulterated or recalled shell eggs from current regulation definition for
being presented to USDA for grading ‘‘condition’’ includes the term
Background ‘‘wholesomeness’’ which denotes a food
and certification. This action protects
Section 203(c) of the Agricultural the integrity of the USDA grademark for safety connotation. AMS’ role in grading
Marketing Act of 1946 (AMA) (7 U.S.C. quality and is consistent with current and certification of shell eggs is for a
Lhorne on DSK30JT082PROD with RULES
1621–1627) directs and authorizes the AMS policy implemented subsequent to quality determination only. By
Secretary of Agriculture ‘‘to develop and the referenced 2012 OIG audit. removing any food safety related terms
improve standards of quality, condition, from the current definition of
quantity, grade and packaging, and Comments ‘‘condition,’’ AMS will remove
recommend and demonstrate such A proposed rule to amend the confusion or misunderstanding over use
standards in order to encourage definition of ‘‘condition’’ and of the term.
VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1](https://thefederalregister.org/doc/81_FR_63855/page/1.svg)
![63676 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
Since this change is a technical E-Government Act Dated: September 12, 2016.
correction and editorial in nature, and Elanor Starmer,
will not result in a change to the way AMS is committed to complying with Associate Administrator, Agricultural
service is provided to our customers, the E-Government Act of 2002 to Marketing Service.
AMS has determined it will not have a promote the use of the Internet and [FR Doc. 2016–22246 Filed 9–15–16; 8:45 am]
financial impact on small entities that other information technologies to
BILLING CODE 3410–02–P
utilize our services. provide increased opportunities for
AMS will also revise the prerequisite citizen access to government
requirement of shell eggs eligible for information and services, and for other DEPARTMENT OF AGRICULTURE
USDA grading and certification. The purposes.
revision will prohibit the use of SE- Agricultural Marketing Service
List of Subjects in 7 CFR Part 56
adulterated shell eggs or recalled shell
eggs from being presented to USDA for Agriculture, Eggs and egg products, 7 CFR Part 930
grading and certification. Food grades and standards, Food
The FDA prohibits the use of SE- [Doc. No. AMS–FV–15–0047; FV15–930–2
labeling, Food packaging, Reporting and FR]
adulterated shell eggs from being sold to recordkeeping requirements, Voluntary
consumers. When shell eggs are standards. Tart Cherries Grown in the States of
suspected of being adulterated with SE, Michigan, et al.; Revision of Optimum
the packing facility is obligated to test For the reasons set forth in the Supply Requirements and
the shell eggs to assure only safe preamble, 7 CFR part 56 is amended as Establishment of Inventory Release
product is distributed to consumers. If follows: Procedures
shell eggs are found to be adulterated
with SE, the FDA will issue a request to PART 56—VOLUNTARY GRADING OF AGENCY: Agricultural Marketing Service,
the packing facility to voluntarily recall SHELL EGGS USDA.
the product, or will exercise its ACTION: Final rule.
mandatory recall authority to return the ■ 1. The authority citation for 7 CFR
product to the origin facility. The part 56 continues to read as follows: SUMMARY: This rule implements
product must either be destroyed or Authority: 7 U.S.C. 1621 et seq.
recommendations from the Cherry
reconditioned under FDA supervision. Industry Administrative Board (Board)
Since SE-adulterated shell eggs or ■ 2. Amend § 56.1 by revising the to add inventory release procedures and
shell eggs that have been recalled are no definition of Condition to read as revise optimum supply provisions
longer eligible for distribution to follows: under the marketing order for tart
consumers, but are either destroyed or cherries grown in the States of
reconditioned under the direction of the § 56.1 Meaning of words and terms Michigan, New York, Pennsylvania,
FDA, changing the AMS regulation will defined. Oregon, Utah, Washington, and
not have an impact on small entities * * * * * Wisconsin (order). The Board locally
since those shell eggs are deemed unfit Condition means any characteristic administers the order and is comprised
for human consumption. detected by sensory examination of growers and handlers operating
(visual, touch, or odor), including the within the area of production. This final
Executive Order 12988 rule establishes procedures for releasing
state of preservation, cleanliness,
This final rule has been reviewed inventory from reserves and increases
soundness, or fitness for human food
under Executive Order 12988, Civil the maximum carry-out volume
that affects the marketing of the product.
Justice Reform. When this final rule is available when calculating optimum
adopted: (1) All State and local laws and * * * * * supply from 20 million pounds to 100
regulations that are inconsistent with ■ 3. Amend § 56.40 by revising million pounds. These changes provide
the rule will be preempted; (2) no paragraphs (c)(2) and (3) and adding clear procedures should an inventory
retroactive effect will be given to this paragraphs (c)(4) and (5) to read as release be necessary and provides more
rule; and (3) administrative proceedings follows: flexibility when calculating optimum
will not be required before parties may supply.
file suit in court challenging this rule. § 56.40 Grading requirements of shell
eggs identified with grademarks. DATES: Effective September 19, 2016.
Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT:
* * * * *
In accordance with the Paperwork Jennie M. Varela, Marketing Specialist,
Reduction Act of 1995 (44 U.S.C. 3501 (c) * * * or Christian D. Nissen, Regional
et seq.), OMB has approved the (2) Not possess any undesirable odors Director, Southeast Marketing Field
information collection and or flavors; Office, Marketing Order and Agreement
recordkeeping requirements included in (3) Not have previously been shipped Division, Specialty Crops Program,
this final rule, and there are no new for retail sale; AMS, USDA; Telephone: (863) 324–
requirements. The assigned OMB 3375, Fax: (863) 291–8614, or Email:
control number is 0581–0128, as (4) Not originate from a layer house Jennie.Varela@ams.usda.gov or
approved on July 8, 2014. environment determined positive for the Christian.Nissen@ams.usda.gov.
AMS is committed to compliance presence of Salmonella Enteritidis (SE), Small businesses may request
with the Government Paperwork unless the eggs from the layer house information on complying with this
Lhorne on DSK30JT082PROD with RULES
Elimination Act, which requires have been sampled and have tested regulation by contacting Richard Lower,
government agencies in general to negative for the presence of SE in the Marketing Order and Agreement
provide the public the option of eggs; and Division, Specialty Crops Program,
submitting information or transacting (5) Not originate from eggs testing AMS, USDA, 1400 Independence
business electronically to the maximum positive for SE, or not have been subject Avenue SW., STOP 0237, Washington,
extent possible. to a product recall. DC 20250–0237; Telephone: (202) 720–
VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1](https://thefederalregister.org/doc/81_FR_63855/page/2.svg)
Document Created: 2016-09-16 00:24:35
Document Modified: 2016-09-16 00:24:35
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective September 16, 2016. | |
| 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] | |
| FR Citation | 81 FR 63675 | |
| CFR Associated | Agriculture; Eggs and Egg Products; Food Grades and Standards; Food Labeling; Food Packaging; Reporting and Recordkeeping Requirements and Voluntary Standards |
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