This electronic document was downloaded from the GPO web site, November 2003,
and is provided for information purposes only. The Code of Federal Regulations,
Title 9, is updated January 1 of each year.
The most current version of the regulations may be found at the
GPO web site.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.1]
[Page 658]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.1 Meaning of words.
Under these regulations, words in the singular shall be deemed to
mean the plural and vice versa, as the case may demand.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.5]
[Page 658-661]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.5 Terms defined.
For the purpose of these regulations, unless the context otherwise
requires, the following terms shall be construed, respectively, as
follows:
Acceptable means suitable for the purpose intended and acceptable to
the Administrator.
Act means the applicable provisions of the Egg Products Inspection
Act (Pub. L. 91-597, 84 Stat. 1620 et seq.).
Administrator means the Administrator of the Agricultural Marketing
Service of the Department or any other officer or employee of the
Department to whom there has heretofore been delegated, or to whom there
may hereafter be delegated the authority to act in his stead.
Adulterated means any egg or egg product under one or more of the
following circumstances:
(a) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is
not an added substance, such article shall not be considered adulterated
under this clause if the quantity of such substance in or on such
article does not ordinarily render it injurious to health;
(b)(1) If it bears or contains any added poisonous or added
deleterious substance (other than one which is (i) a pesticide chemical
in or on a raw agricultural commodity; (ii) a food additive; or (iii) a
color additive) which may in the judgment of the Secretary, make such
article unfit for human food;
(2) If it is, in whole or in part, a raw agricultural commodity and
such commodity bears or contains a pesticide chemical which is unsafe
within the meaning of section 408 of the Federal Food, Drug, and
Cosmetic Act;
(3) If it bears or contains any food additive which is unsafe within
the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
(4) If it bears or contains any color additive which is unsafe
within the meaning of section 706 of the Federal Food, Drug, and
Cosmetic Act: Provided, that an article which is not otherwise deemed
adulterated under paragraph (b)(2), (3), or (4) of this definition shall
nevertheless be deemed adulterated if use of the pesticide chemical,
food additive, or color additive, in or on such article, is prohibited
by regulations of the Secretary in official plants;
(c) If it consists in whole or in part of any filthy, putrid, or
decomposed substance, or if it is otherwise unfit for human food;
(d) If it has been prepared, packaged, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;
(e) If it is an egg which has been subjected to incubation or the
product of any egg which has been subjected to incubation;
(f) If its container is composed, in whole or in part of any
poisonous or deleterious substance which may render the contents
injurious to health;
(g) If it has been intentionally subjected to radiation, unless the
use of the radiation was in conformity with a regulation or exemption in
effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic
Act; or
(h) If any valuable constituent has been, in whole or in part,
omitted or abstracted therefrom; or if any substance has been
substituted, wholly or in part therefor; or if damage or inferiority has
been concealed in any manner; or if any substance has been added thereto
or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength, or make it appear better or of greater
value than it is.
[[Page 659]]
Ambient temperature means the air temperature maintained in an egg
storage facility or transport vehicle.
Applicant means any person who requests any inspection service as
authorized under the Act or the regulations of this part.
Capable of use as human food means any egg or egg product, unless it
is denatured, or otherwise identified, as required by these regulations
to deter its use as human food.
Chief of the Grading Branch means Chief of the Poultry Grading
Branch, Poultry Division, Agricultural Marketing Service.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same
kind, type, or method of processing.
Commerce means interstate, foreign, or intrastate commerce.
Condition means any condition (including, but not being limited to,
the state of preservation, cleanliness, soundness, wholesomeness, or
fitness for human food) of any product which affects its
merchantability; or any condition, including but not being limited to,
the processing, handling, or packaging which affects such product.
Container or Package includes for egg products, any box, can, tin,
plastic, or other receptacle, wrapper, or cover and for shell eggs, any
carton, basket, case, cart, pallet, or other receptacle.
(a) Immediate container means any package or other container in
which egg products or shell eggs are packed for household or other
ultimate consumers.
(b) Shipping container means any container used in packing an
immediate container.
Department means the U.S. Department of Agriculture.
Dirty egg or Dirties means an egg(s) that has an unbroken shell with
adhering dirt or foreign material.
Egg means the shell egg of the domesticated chicken, turkey, duck,
goose, or guinea. Some of the terms applicable to shell eggs are as
follows:
(a) Check means an egg that has a broken shell or crack in the shell
but has its shell membranes intact and contents not leaking.
(b) Clean and sound shell egg means any egg whose shell is free of
adhering dirt or foreign material and is not cracked or broken.
(c) Dirty egg or Dirties means an egg(s) that has a shell that is
unbroken and has adhering dirt, foreign material, or prominent stains.
(d) Incubator reject means an egg that has been subjected to
incubation and has been removed from incubation during the hatching
operations as infertile or otherwise unhatchable.
(e) Inedible means eggs of the following descriptions: Black rots,
yellow rots, white rots, mixed rots, sour eggs, eggs with green whites,
eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings,
and eggs containing embryo chicks (at or beyond the blood ring stage).
(f) Leaker means an egg that has a crack or break in the shell and
shell membranes to the extent that the egg contents are exposed or are
exuding or free to exude through the shell.
(g) Loss means an egg that is unfit for human food because it is
smashed or broken so that its contents are leaking; or overheated,
frozen, or contaminated; or an incubator reject; or because it contains
a bloody white, large meat spots, a large quantity of blood, or other
foreign material.
(h) Restricted egg means any check, dirty egg, incubator reject,
inedible, leaker, or loss.
Egg handler means any person, excluding the ultimate consumer, who
engages in any business in commerce that involves buying or selling any
eggs (as a poultry producer or otherwise), or processing any egg
products, or otherwise using any eggs in the preparation of human food.
Egg product means any dried, frozen, or liquid eggs, with or without
added ingredients, excepting products which contain eggs only in a
relatively small proportion or historically have not been, in the
judgment of the Secretary, considered by consumers as products of the
egg food industry, and which may be exempted by the Secretary under such
conditions as he may prescribe to assure that the egg ingredients are
not adulterated and such products are not represented as egg products.
For the purposes of this part, the following
[[Page 660]]
products, among others, are exempted as not being egg products: Freeze-
dried products, imitation egg products, egg substitutes, dietary foods,
dried no-bake custard mixes, egg nog mixes, acidic dressings, noodles,
milk and egg dip, cake mixes, French toast, and sandwiches containing
eggs or egg products, provided, such products are prepared from
inspected egg products or eggs containing no more restricted eggs than
are allowed in the official standards for U.S. Consumer Grade B shell
eggs. Balut and other similar ethnic delicacies are also exempted from
inspection under this part.
Eggs of current production means shell eggs which have moved through
the usual marketing channels since the time they were laid and are not
in excess of 60 days old.
Fair Packaging and Labeling Act means the Act so entitled, approved
November 3, 1966 (80 Stat. 1296), and Acts amendatory thereof or
supplementary thereto.
Federal Food, Drug, and Cosmetic Act means the Act so entitled,
approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or
supplementary thereto.
Inspection means the application of such inspection methods and
techniques as are deemed necessary by the responsible Secretary to carry
out the provisions of the Egg Products Inspection Act and the
regulations under this part.
Inspection service means the official service within the Department
having the responsibility for carrying out the provisions of the Egg
Products Inspection Act. Inspection service also means the activities
performed, including official reporting by such official service.
Inspector/Grader means:
(a) Any employee or official of the United States Government
authorized to inspect eggs or egg products under the authority of this
part; or
(b) Any employee or official of the government of any State or local
jurisdiction authorized by the Secretary to inspect eggs or egg products
under the authority of this part, under an agreement entered into
between the Secretary and the appropriate State or other agency.
Interested party means any person financially interested in a
transaction involving any inspection or appeal inspection of any
product, or the decision of an inspector.
Label means a display of any printed, graphic, or other method of
identification upon the shipping container, if any, or upon the
immediate container, including but not limited to, an individual
consumer package of eggs and egg products, or accompanying such product.
Misbranded means any egg products which are not labeled and packaged
in accordance with the requirements prescribed by regulations of the
Administrator under this part.
National Supervisor means:
(a) The officer in charge of the inspection service; and
(b) Such other employee of the Service as may be designated by him.
Nest-run eggs means eggs which are packed as they come from the
production facilities without having been washed, sized and/or candled
for quality, with the exception that some checks, dirties, or other
obvious undergrades may have been removed.
Official certificate means any certificate prescribed by regulations
of the Administrator for issuance by an inspector or other person
performing official functions under this part.
Official device means any device prescribed or authorized by the
Secretary for use in applying any official mark.
Official identification means the official inspection mark or any
other symbol prescribed by regulations of this part to identify the
status of any article.
Official inspection mark means any symbol prescribed by the
regulations of the Administrator showing that egg products were
inspected in accordance with this part.
Official standard means the standards of quality, grades, and weight
classes for eggs.
Office of inspection means the office of any inspector.
Pasteurize means the subjecting of each particle of egg products to
heat or other treatments to destroy harmful viable microorganisms by
such processes as may be prescribed by these regulations.
[[Page 661]]
Person means any individual, partnership, corporation, association,
or other business unit.
Pesticide chemical, Food additive, Color additive, and Raw
agricultural commodity shall have the same meaning for purposes of this
part as under the Federal Food, Drug, and Cosmetic Act.
Plant means any place of business where egg products are processed:
(a) Exempted plant means any plant where the Administrator has
determined the facilities and operating procedures meet such standards
as may be prescribed by this part, and where the eggs received or used
in the manufacture of egg products contain no more restricted eggs than
are allowed by the official standards of U.S. Consumer Grade B for shell
eggs, and where an exemption has been granted.
(b) Official plant means any plant in which the plant facilities,
methods of operation and sanitary procedures have been found suitable
and adequate by the Administrator for the continuous inspection of egg
products in accordance with this part and in which inspection service is
carried on.
Potable water means water that has been approved by a State health
authority or other agency or laboratory acceptable to the Administrator
as safe for drinking and suitable for food processing.
Processing means manufacturing of egg products, including breaking
eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling,
freezing or drying, or packaging egg products at official plants.
Producer-packer means any producer who sorts eggs only from his own
production and packs them into their various qualities.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Regional Director means any employee of the Department in charge of
inspection service in a designated geographical region.
Regulations means the provisions in this part.
Regulatory inspector means any employee of the U.S. Government, or
State or local jurisdiction, who is authorized by the Secretary to make
such inspections as required in Sec. 590.28 of these regulations.
Sampling means the act of taking samples of any product for
inspection or analyses.
Sanitize means the application of a bactericidal treatment which is
approved as being effective in destroying microorganisms, including
pathogens.
Secretary means the Secretary of Agriculture or his delegate.
Service means the Agricultural Marketing Service (AMS) of the
Department.
Shell egg packer (grading station) means any person engaged in the
sorting of eggs from sources other than or in addition to his own
production into their various qualities, either mechanically or by other
means.
Stabilization means the subjection of any egg product to a
desugaring process.
State means any State of the United States, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, and the District
of Columbia.
Ultimate consumer means any household consumer, restaurant,
institution, or any other party who has purchased or received shell eggs
or egg products for consumption.
United States means the States.
Washed ungraded eggs means eggs which have been washed but not sized
or segregated for quality.
White or albumen means, for the purpose of this part, the product
obtained from the egg as broken from the shell and separated from the
yolk.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6657, Apr. 4, 1972; 40 FR
20057, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3,
1982; 54 FR 37289, Sept. 8, 1989; 60 FR 49168, Sept. 21, 1995; 60 FR
58199, Nov. 27, 1995; 63 FR 45674, Aug. 27, 1998; 63 FR 69971, Dec. 17,
1998]
Administration
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.10]
[Page 661-662]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.10 Authority.
The Administrator shall perform, for and under the supervision of
the Secretary, such duties as the Secretary may require in the
enforcement or administration of the provisions of the Act, and this
part. The Administrator
[[Page 662]]
may waive for a limited period any particular provisions of the
regulations to permit experimentation so that new procedures, equipment,
and processing techniques may be tested to facilitate definite
improvements and at the same time to maintain full compliance with the
spirit and intent of the regulations. The Agricultural Marketing Service
and its officers and employees shall not be liable in damages through
acts of commission or omission in the administration of this part.
[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.13]
[Page 662]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.13 Federal and State cooperation.
The Secretary shall, whenever he determines that it would effectuate
the purposes of the Act, authorize the Administrator to cooperate with
appropriate State and other governmental agencies in carrying out any
provisions of the Egg Products Inspection Act and these regulations. In
carrying out the provisions of the Act and the regulations, the
Secretary may conduct such examinations, investigations, and inspections
as he determines practicable through any officer or employee of any such
agency commissioned by him for such purpose. The Secretary shall
reimburse the States and other agencies for the services rendered by
them in such cooperative programs as agreed to in the cooperative
agreements as signed by the Administrator and the duly authorized agent
of the State or other agency.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.17]
[Page 662]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.17 Nondiscrimination.
The conduct of all services and the licensing of graders and
inspectors under these regulations shall be accomplished without
discrimination as to race, color, religion, sex, national origin, age,
or disability.
[40 FR 20057, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977.
Further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 60 FR
49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.18]
[Page 662-663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.18 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR 590 pursuant to the Paperwork
Reduction Act of 1980, Pub. L. 96-511.
(b) Display.
------------------------------------------------------------------------
Current OMB
7 CFR section where identified and described control number
------------------------------------------------------------------------
Sec. 590.10............................................ 0581-0113
Sec. 590.13............................................ 0581-0113
Sec. 590.22............................................ 0581-0113
Sec. 590.28(a)(1)...................................... 0581-0113
Sec. 590.40............................................ 0581-0113
Sec. 590.45(c)(1)...................................... 0581-0113
Sec. 590.45(c)(3)...................................... 0581-0113
Sec. 590.45(d)......................................... 0581-0113
Sec. 590.110(a)........................................ 0581-0113
Sec. 590.112........................................... 0581-0113
Sec. 590.122........................................... 0581-0113
Sec. 590.124........................................... 0581-0113
Sec. 590.126........................................... 0581-0113
Sec. 590.128(a)........................................ 0581-0113
Sec. 590.140........................................... 0581-0113
Sec. 590.144........................................... 0581-0113
Sec. 590.146(b)........................................ 0581-0113
Sec. 590.146(d)........................................ 0581-0113
Sec. 590.155........................................... 0581-0113
Sec. 590.160(c)........................................ 0581-0113
Sec. 590.160(d)........................................ 0581-0113
Sec. 590.160(f)(3)..................................... 0581-0113
Sec. 590.160(f)(4)..................................... 0581-0113
Sec. 590.200(a)........................................ 0581-0113
Sec. 590.200(b)........................................ 0581-0113
Sec. 590.220........................................... 0581-0113
Sec. 590.240........................................... 0581-0113
Sec. 590.320........................................... 0581-0113
Sec. 590.402(a)........................................ 0581-0113
Sec. 590.411(a)........................................ 0581-0113
Sec. 590.411(b)........................................ 0581-0113
Sec. 590.411(e)........................................ 0581-0113
Sec. 590.411(f)........................................ 0581-0113
Sec. 590.418(c)........................................ 0581-0113
Sec. 590.430(b)........................................ 0581-0113
Sec. 590.435(b)........................................ 0581-0113
Sec. 590.435(c)........................................ 0581-0113
Sec. 590.440(c)........................................ 0581-0113
Sec. 590.500(h)........................................ 0581-0113
Sec. 590.504(c)........................................ 0581-0113
Sec. 590.504(d)........................................ 0581-0113
Sec. 590.504(h)........................................ 0581-0113
Sec. 590.504(k)........................................ 0581-0113
Sec. 590.504(o)(1)..................................... 0581-0113
Sec. 590.504(o)(2)..................................... 0581-0113
Sec. 590.504(o)(3)(i).................................. 0581-0113
Sec. 590.504(o)(3)(iii)................................ 0581-0113
Sec. 590.504(o)(3)(iv)................................. 0581-0113
Sec. 590.504(o)(3)(v).................................. 0581-0113
Sec. 590.515(a)(8)..................................... 0581-0113
Sec. 590.520(h)........................................ 0581-0113
Sec. 590.522(f)........................................ 0581-0113
Sec. 590.522(x)........................................ 0581-0113
Sec. 590.522(aa)(2).................................... 0581-0113
Sec. 590.530(d)........................................ 0581-0113
Sec. 590.534(a)........................................ 0581-0113
Sec. 590.544(b)........................................ 0581-0113
Sec. 590.544(c)........................................ 0581-0113
Sec. 590.544(d)........................................ 0581-0113
Sec. 590.552(a)(3)..................................... 0581-0113
Sec. 590.552(b)(1)(i).................................. 0581-0113
Sec. 590.552(b)(2)..................................... 0581-0113
Sec. 590.570(c)........................................ 0581-0113
Sec. 590.575(b)(3)..................................... 0581-0113
Sec. 590.575(d)........................................ 0581-0113
[[Page 663]]
Sec. 590.580(c)........................................ 0581-0113
Sec. 590.600........................................... 0581-0113
Sec. 590.610(a)........................................ 0581-0113
Sec. 590.620........................................... 0581-0113
Sec. 590.640(b)(1)..................................... 0581-0113
Sec. 590.680(a)........................................ 0581-0113
Sec. 590.800........................................... 0581-0113
Sec. 590.840........................................... 0581-0113
Sec. 590.905(a)........................................ 0581-0113
Sec. 590.915(a)........................................ 0581-0113
Sec. 590.915(b)........................................ 0581-0113
Sec. 590.920........................................... 0581-0113
Sec. 590.930(f)........................................ 0581-0113
Sec. 590.950(a)........................................ 0581-0113
Sec. 590.960........................................... 0581-0113
Sec. 590.965........................................... 0581-0113
------------------------------------------------------------------------
[48 FR 34238, July 28, 1983, as amended at 50 FR 23270, June 3, 1985; 54
FR 37290, Sept. 8, 1989]
Scope of Inspection
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.20]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.20 Inspection in accordance with methods prescribed or approved.
Inspection of eggs and egg products shall be rendered pursuant to
these regulations and under such conditions and in accordance with such
methods as may be prescribed or approved by the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.22]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.22 Basis of service.
These regulations provide for inspection services pursuant to the
Egg Products Inspection Act. Eggs and egg products shall be inspected in
accordance with such standards, methods, and instructions as may be
issued or approved by the Administrator. Inspection services shall be
subject to supervision at all times by the applicable Federal-State
supervisor, egg products supervisor, Regional Director, and National
Supervisor.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.24]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.24 Egg products plants requiring continuous inspection.
No plant in which egg products processing operations are conducted
shall process egg products without continuous inspection under these
regulations, except as expressly exempted in Sec. 590.100.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.26]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.26 Egg products entering or prepared in official plants.
Eggs and egg products processed in an official plant shall be
inspected, processed, marked, and labeled as required by these
regulations. Egg products entering an official plant shall have been
inspected, processed, marked, and labeled as required by these
regulations.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.28]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.28 Other inspections.
(a) Periodic inspections shall be made of:
(1) The records of all persons engaged in the business of
transporting, shipping, or receiving any eggs or egg products.
(2) Exempted plants to determine that such plants are operating
pursuant to these regulations.
(b) Inspections shall be made of imported eggs and egg products as
required in this part.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20057, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as and amended at 60 FR 49169, Sept. 21,
1995; 63 FR 45675, Aug. 27, 1998; 63 FR 69971, Dec. 17, 1998]
Relation to Other Authorities
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.30]
[Page 663]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.30 At official plants.
(a) Requirements within the scope of the Act with respect to
premises, facilities, and operations of any official plant which are in
addition to or different than those made under this part may not be
imposed by any State or local jurisdiction except that any such
jurisdiction may impose recordkeeping and other requirements within the
scope of Sec. 590.200, if consistent therewith, with respect to any such
plant.
(b) Labeling, packaging, or ingredient requirements in addition to
or different than those made under this part, the Federal Food, Drug,
and Cosmetic Act and the Fair Packaging and Labeling Act may not be
imposed by any State or local jurisdiction with respect to egg products
processed at any official plant in accordance with the requirements
under this part and such Acts.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.35]
[Page 663-664]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.35 Eggs and egg products outside official plants.
Any State or local jurisdiction may exercise jurisdiction with
respect to eggs and egg products for the purpose of preventing the
distribution for human food purposes of any such articles which are
outside of the official
[[Page 664]]
plant and are in violation of this part or any of said Federal Acts or
any State or local law consistent therewith.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 69971, Dec. 17, 1998]
Eggs and Egg Products Not Intended for Human Food
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.40]
[Page 664]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.40 Continuous inspection not provided.
Continuous inspection shall not be provided under this part at any
plant for the processing of any egg products which are not intended for
use as human food, but such articles prior to their offer for sale or
transportation in commerce shall be denatured or decharacterized unless
shipped under seal as authorized in Secs. 590.504(c), and identified as
prescribed by the regulations in this part to prevent their use for
human food. Periodic inspections shall be made of such operations and
records to assure compliance with the Act and the regulations in this
part.
[37 FR 6657, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 69971, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.45]
[Page 664]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.45 Prohibition on eggs and egg products not intended for use as human food.
(a) No person shall buy, sell, or transport or offer to buy or sell,
or offer or receive for transportation in commerce, any eggs or egg
products which are not intended for use as human food, unless they are
denatured or decharacterized, unless shipped under seal as authorized in
paragraphs (c) and (d) of this section or in Secs. 590.504(c) and
590.720(a) and identified as required by the regulations in this part.
(b) No person shall import or export shell eggs classified as loss,
inedible, or incubator rejects or any egg products which are
unwholesome, adulterated, or are otherwise unfit for human food
purposes, except as provided in paragraphs (c) and (d) of this section,
unless they are denatured or decharacterized and identified as required
by the regulations in this part.
(c) Egg products which are unwholesome, adulterated, or are
otherwise unfit for human food purposes that are not denatured or
decharacterized may be exported to foreign countries for industrial use
or animal food under the following provisions:
(1) Authorized government official of the foreign country shall
approve the importation of such products into that country.
(2) The egg products shall be shipped under U.S. Government seal and
identified as required in Sec. 590.840.
(3) Provisions for the control of such inedible product in the
foreign country to preclude its use as human food must be established
and approved by the Administrator. Such control may consist of, but not
be limited to, receipt and inspection by an appropriate U.S. Government
official, an official of an approved meat, poultry, or egg products
inspection system of the foreign government, or, when acceptable to the
Administrator, a foreign government official including other foreign
health authorities.
(d) Foreign governments may petition the Administrator for approval
to import into this country egg products which are unwholesome,
adulterated, or otherwise unfit for human food purposes that are not
denatured or decharacterized for industrial use or animal food
requirements. Such products shall be subject to the provisions of this
part and other applicable laws and regulations for importation into the
United States.
[48 FR 34238, July 28, 1983]
Refrigeration of Shell Eggs
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.50]
[Page 664-665]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.50 Temperature and labeling requirements.
(a) No shell egg handler shall possess any shell eggs that are
packed into containers destined for the ultimate consumer unless they
are stored and transported under refrigeration at an ambient temperature
of no greater than 45 deg.F (7.2 deg.C).
(b) No shell egg handler shall possess any shell eggs that are
packed into containers destined for the ultimate consumer unless they
are labeled to indicate that refrigeration is required.
[[Page 665]]
(c) Any producer-packer with an annual egg production from a flock
of 3,000 or fewer hens is exempt from the temperature and labeling
requirements of this section.
[63 FR 45675, Aug. 27, 1998]
Exemptions
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.100]
[Page 665]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.100 Specific exemptions.
The following are exempt to the extent prescribed as to the
provision for continuous inspection of processing operations in section
5(a) of the Act: Provided, That the conditions for exemption and
provisions of these regulations are met:
(a) [Reserved]
(b) Subject to the approval of the Administrator as provided in
Secs. 590.600 through 590.670, the processing of egg products without
continuous inspection at any plant where the facilities, sanitation, and
operating procedures are the same as are required in this part for
official plants and where the eggs received or used in the manufacture
of egg products contain no more restricted eggs than are allowed by the
official standards for U.S. Consumer Grade B shell eggs, and the egg
products processed at such plant;
(c)-(d) [Reserved]
(e) The processing and sale of egg products by any poultry producer
from eggs of his own flock's production when sold directly to a
household consumer exclusively for use by such consumer and members of
his household and his nonpaying guests and employees;
(f) [Reserved]
(g) The processing in nonofficial plants, including but not limited
to bakeries, restaurants, and other food processors, without continuous
inspection, of certain categories of food products which contain eggs or
egg products as an ingredient, and the sale and possession of such
products: Provided, That such products are manufactured from inspected
egg products processed in accordance with this part or from eggs
containing no more restricted eggs than are allowed in the official
standards for U.S. Consumer Grade B shell eggs;
[36 FR 9814, May 28, 1971, as amended at 40 FR 20057, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 63 FR 69971, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.105]
[Page 665]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.105 Suspension or termination of exemptions.
(a) The Administrator may immediately suspend or terminate any
exemption under Sec. 590.100(b) at any time with respect to any person,
if the conditions of exemption prescribed by this section are not being
met. The Administrator may modify or revoke any regulation of this part,
granting exemptions whenever he determines such action appropriate to
effectuate the purposes of the Act.
(b) Failure to comply with the condition of the exemptions contained
in Sec. 590.100 shall subject such person to the penalties provided for
in the Act and in this part.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20057, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Performance of Service
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.110]
[Page 665]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.110 Licensed inspectors.
(a) Any person who is a Federal or State employee, or the employee
of a local jurisdiction possessing proper qualifications as determined
by an examination for competency and who is to perform services pursuant
to this part, may be licensed by the Secretary as an inspector.
(b) Licenses issued by the Secretary are to be countersigned by the
Administrator or by any other designated official of the Service.
(c) No person may be licensed to inspect any product in which he is
financially interested.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981]
[[Page 666]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.112]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.112 Suspension of license or authority; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform inspection services may, whenever he
deems such action necessary to assure that any inspection service is
properly performed, suspend any license to perform inspection services
issued pursuant to this part by giving notice of such suspension to the
respective licensee, accompanied by a statement of the reasons therefor.
Within 7 days after the receipt of the aforesaid notice and statement of
reasons by the licensee, he may file an appeal in writing, with the
Secretary, supported by any argument or evidence that he may wish to
offer as to why his license should not be suspended or revoked. After
the expiration of the aforesaid 7-day period and consideration of such
argument and evidence, the Secretary will take such action as he deems
appropriate with respect to such suspension or revocation. When no
appeal is filed within the prescribed 7 days, the license is revoked or
suspended.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.114]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.114 Surrender of license.
Upon termination of his services as an inspector or whenever his
license has been suspended or revoked, the licensee shall surrender his
license and other items of identification furnished by the Department
immediately to the inspection service.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.116]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.116 Activities of inspectors.
Inspectors at official plants shall confine their activities to
those duties necessary in the rendering of inspection service and such
closely related activities as may be approved by the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.118]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.118 Identification.
Inspectors shall have in their possession at all times while on
duty, and present upon request, the means of identification furnished by
the Department to such persons.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.119]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.119 Political activity.
Inspectors are forbidden during the period of their respective
appointments, or licenses, to take an active part in political
management or in political campaigns. Political activity in city,
county, State, or national elections, whether primary or regular, or in
behalf of any party or candidate, except as authorized by law or
regulation of the Department, is prohibited. This applies to all
appointees, including but not being limited to temporary and cooperative
employees and employees on leave of absence with or without pay. Willful
violation of this section or Sec. 590.120 will constitute grounds for
dismissal in the case of appointees and revocation of licenses in the
case of licensees.
[36 FR 9814, May 28, 1971, as amended at 42 FR 2971, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.120]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.120 Financial interest of inspectors.
No inspector shall inspect any product in which he is financially
interested.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.122]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.122 Time of inspection.
The inspector who is to perform the inspection in an official plant
shall be given reasonable advance notice by plant management of the
hours when such inspection will be required.
[60 FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.124]
[Page 666]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.124 Schedule of operation of official plants.
Operating schedules for an official plant shall be subject to
approval of the Administrator. The normal operating schedule shall
consist of a continuous 8-hour period per day (excluding not to exceed 1
hour for lunch), 5 consecutive days per week, within the administrative
workweek, Sunday through Saturday, for each full shift required. Clock
hours of daily operations need not be specified in a schedule, although
as a condition of continuance of approval of a schedule, the hours of
operation must be reasonably uniform from day to day.
[48 FR 20683, May 9, 1983]
[[Page 667]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.126]
[Page 667]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.126 Overtime inspection service.
When operations in an official plant require the services of
inspection personnel beyond their regularly assigned tour of duty on any
day or on a day outside the established schedule, such services are
considered as overtime work. The official plant must give reasonable
advance notice to the inspector of any overtime service necessary and
must pay the Agency for such overtime at an hourly rate of $44.40.
[67 FR 3430, Jan. 24, 2002]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.128]
[Page 667]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.128 Holiday inspection service.
(a) When an official plant requires inspection service on a holiday
or a day designated in lieu of a holiday, such service is considered
holiday work. The official plant must, in advance of such holiday work,
request the inspector in charge to furnish inspection service during
such period and must pay the Agency for such holiday work at an hourly
rate of $44.40.
(b) The term "holiday" shall mean the legal public holidays
specified by the Congress in paragraph (a) of section 6103, title 5 of
the United States Code. Information on legal holidays may be obtained
from the supervisor.
[37 FR 6657, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 9, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46071, Oct. 15, 1982; 59 FR 52637, Oct.
18, 1994; 65 FR 60095, Oct. 10, 2000; 67 FR 3430, Jan. 24, 2002]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.130]
[Page 667]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.130 Basis of billing plants.
Overtime and/or holiday services shall be billed to the official
plant on the basis of each 15 minutes of overtime and/or holiday service
performed by each inspector providing such service to the plant, except
that when an official plant requires the services of an inspector after
he has completed his day's assignment and left the plant or when he is
called back to duty on a day outside the established normal operating
schedule or on a holiday, the official plant shall pay for a minimum of
2 hours service at the applicable established rate. Extra travel expense
incurred while rendering overtime or holiday service shall be billed to
the official plant. Bills are payable upon receipt and become delinquent
30 days from date of billing. Overtime or holiday inspection service
will not be performed at any plant that is delinquent, and processing
operations shall be confined to the regular operating schedule of the
plant. In addition, fees will be charged and collected for
certifications requested by and provided for the official plant that are
not within the scope of these regulations.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995; 65 FR 44950, July 20, 2000]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.132]
[Page 667]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.132 Access to plants.
Access shall not be refused to any representative of the Secretary
to any plant, place of business, or transport vehicle subject to
inspection under the provisions of this part upon presentation of proper
credentials.
[63 FR 45675, Aug. 27, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.134]
[Page 667]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.134 Accessibility of product and cooler rooms.
(a) Each product for which inspection service is required shall be
so placed as to disclose fully its class, quality, quantity, and
condition as the circumstances may warrant.
(b) The perimeter of each cooler room used to store shell eggs
packed in containers destined for the ultimate consumer shall be made
accessible in order for the Secretary's representatives to determine the
ambient temperature under which shell eggs are stored.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 45675, Aug. 27, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.136]
[Page 667-668]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.136 Facilities and equipment to be furnished by official plants for use of inspectors in performing service.
(a) Such facilities and equipment shall include but not be limited
to a room or area suitable for sampling product, and acceptable candling
light, flashlight, heavy duty, high speed drill with an eleven
sixteenths-inch or larger bit of sufficient length to reach the bottom
of containers used for frozen eggs, metal stem thermometer(s), test
thermometer(s), stop watch, test
[[Page 668]]
weighing scale(s) and test weight(s), test kit for determining the
bactericidal strength of sanitizing solutions, and stationary or
adequately secured storage box or cage (capable of being locked only by
the inspector) for holding official samples.
(b) Furnished office space and equipment, including but not being
limited to a desk (equipped with a satisfactory locking device), lockers
or cabinets suitable for the protection and storage of supplies, and
facilities suitable for inspectors to change clothing.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995]
Application for Service
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.140]
[Page 668]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.140 How application shall be made.
The proprietor or operator of each plant processing egg products,
unless exempted by Sec. 590.100, shall make application to the
Administrator for inspection service. The application shall be made in
writing on forms furnished by the inspection service. In cases of change
of name or ownership or change of location, a new application shall be
made.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.142]
[Page 668]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.142 Filing of application.
An application for inspection service shall be regarded as filed
only when it has been filled in completely and signed by the applicant
and has been received in the office of the Chief of the Grading Branch.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.144]
[Page 668]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.144 Authority of applicant.
Proof of authority of any person applying for inspection service may
be required at the discretion of the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.146]
[Page 668-669]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.146 Application for continuous inspection in official plants; approval.
Any person desiring to process egg products under continuous
inspection service must receive approval of such plant and facilities as
an official plant prior to the installation of such service. An
application for continuous inspection service to be installed in an
official plant shall be approved according to the following procedure:
(a) Initial survey: When an application for continuous inspection in
a plant has been filed, a supervisory egg products inspector will make a
survey and inspection of the premises and plant to determine if the
facilities and methods of operation therein are suitable and adequate
for service in accordance with:
(1) These regulations, and
(2) Such other administrative instructions as may be issued from
time to time by the Service and which are in effect at the time of the
aforesaid survey and inspection.
(b) Drawings and specifications to be furnished:
(1) Applicants may obtain information or assistance as to the
requirements before submitting prints of drawings, specifications, and
supplemental information from the inspection service.
(2) Three copies of each print drawing as specified in this section
of the complete floor plan, plot plan, supplemental information, and
specifications shall be submitted. Sheet size of the print shall not
exceed 34 by 44 inches, the wording shall be legible, all lines sharp
and clear, and properly drawn to scale. Each print shall show the scale
used, north point of the compass, and the firm name, street, city,
state, and zip code or an accurate description of the location.
(3) Plot plan of entire premises shall include location of all
buildings, railroads, roadways, alleys, wells, reservoirs, drains, catch
basins, nearby buildings adjoining property, drainage and slope of
terrain, character and surfacing of roadways, driveways, and vehicular
loading areas. The plot plan may be drawn to a scale of one-thirty-
second inch per foot.
(4) Floor plan prints shall include all space on each floor of the
official plant, accurately illustrating and describing the facilities.
Detailed drawings of processing area shall be drawn to a scale of one-
fourth inch per foot. Prints showing only nonprocessing
[[Page 669]]
areas may be drawn to a scale of one-eighth inch per foot.
(5) Floor plans shall show the location of such features as walls,
partitions, posts, doorways, windows, floor drains and channel drains,
air systems, ventilation fans, principal pieces of equipment, storage
tanks, hose connections for cleaning purposes, hand-washing facilities,
lockers, and toilets. The prints shall show slope of floors to drains.
(6) The official plant shall include all processing rooms and other
rooms used in the official plant, including but not being limited to the
breaking room, equipment washing and sanitizing rooms, shell egg washing
rooms, packaging rooms, shell egg and egg products storage rooms
(including coolers, freezers, hot rooms), drying rooms, toilet and
dressing rooms, storerooms for supplies, and all other rooms,
compartments, or passageways where products or any ingredients to be
used in the preparation of products under this service will be handled
or kept and may include other rooms located in the building comprising
the official plant. Except in public warehouses, all rooms,
compartments, etc., of the building not to be considered as part of the
official plant shall not have direct access into any part of the
official plant.
(7) Supplemental information may be shown as notations on the
drawings or on supplemental sheets. Supplemental information shall
include clarifying information such as sequence of processing edible
products, handling of inedible product, shell disposal, handling of
packaging material, liquid pumping systems, cleaned-in-place systems,
description of pasteurizer, description of drier, type and efficiency of
air filtration, hot water facilities, sewage disposal, and such other
notations as may be required.
(8) Specification sheets shall include height of ceilings and type
construction, type of floors, and wall construction, wall and partition
material, and number of employees who will use each toilet room and
facilities.
(c) Upon approval of the prints of drawing, supplemental
information, and specifications, the application for service may be
approved.
(d) Changes and revisions of official plant: When changes are
planned in official plant construction, facilities, and equipment
covered by previously approved prints, revised prints shall be submitted
for review and approval prior to making the changes by: A completely
revised sheet(s) showing proposed alterations and additions or an
overlay print drawn to same scale as print to be modified or revised. A
final survey of the completed alterations and additions shall be made by
the supervisory egg products inspector to determine if the changes are
in accordance with approved drawings and the regulations.
(e) Final survey and plant approval: Prior to the inauguration of
continuous inspection service, a final survey of the plant and premises
shall be made by the supervisory egg products inspector to determine if
the plant is constructed and facilities are installed in accordance with
the approved drawings and these regulations. The plant may be approved
only when these requirements have been met.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.148]
[Page 669]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.148 Order of service.
Inspection service shall be performed, insofar as practicable, in
the order in which applications therefor are made.
[36 FR 9814, May 28, 1971, as amended at 42 FR 2971, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
Inauguration of Service
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.150]
[Page 669]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.150 Official plant numbers.
An official plant number shall be assigned to each plant granted
inspection service. Such plant number shall be used to identify all
containers of inspected products prepared in the plant which are capable
of use as human food. A plant shall not have more than one plant number.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.155]
[Page 669-670]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.155 Inauguration of service.
Prior to the inauguration of service, the proprietor or operator of
the plant
[[Page 670]]
shall be knowledgeable of the requirements of these regulations.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995]
Denial of Service
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.160]
[Page 670-671]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.160 Refusal, suspension, or withdrawal of service.
(a) The Administrator (for such period, or indefinitely, as he deems
necessary to effectuate the purposes of the Act) may refuse to provide
or may withdraw inspection service under this part with respect to any
plant if he determines after opportunity for a hearing (following the
procedures of 7 CFR, part 1, subpart H) is accorded to the applicant
for, or recipient of, such service, that such applicant or recipient is
unfit to engage in any business requiring inspection under the Act or
this part, because the applicant or recipient or anyone responsibly
connected with such person has been convicted in any Federal or State
court, within the previous 10 years, of (1) any felony or more than one
misdemeanor under any law based upon the acquiring, handling, or
distributing of adulterated, mislabeled, or deceptively packaged food or
fraud in connection with transactions in food or (2) any felony,
involving, fraud, bribery, extortion, or any other act or circumstances
indicating a lack of the integrity needed for the conduct of operations
affecting the public health.
(b) For the purpose of this section, a person shall be deemed to be
responsibly connected with the business if he is a partner, officer,
director, holder, or owner of 10 percentum or more of its voting stock,
or employee in a managerial or executive capacity.
(c) The determination and order of the Administrator with respect
thereto under this section shall be final and conclusive unless the
affected applicant for, or recipient of, inspection service files
application for judicial review within 30 days after the effective date
of such order in the U.S. Court of Appeals for the circuit in which such
applicant or recipient has its principal place of business or in the
U.S. Court of Appeals for the District of Columbia Circuit. Judicial
review of any such order shall be upon the record upon which the
determination and order are based. The provisions of section 204 of the
Packers and Stockyards Act, 1921, as amended (7 U.S.C. 194) shall be
applicable to appeals taken under this section. This section shall not
affect in any way other provisions of the Act or these regulations for
refusal of inspection services.
(d) Any applicant for inspection at a plant where the operations
thereof may result in any discharge into the navigable waters in the
United States is required by subsection 401(a)(1) (33 U.S.C. 1341) of
the Clean Water Act as amended (86 Stat. 816, 91 Stat. 1566; 33 U.S.C.
1251 et seq.), to provide the Administrator with a certification, as
prescribed in said subsection, that any such discharge will comply with
the applicable provisions of sections 301, 302, 303, 306, and 307 of the
Act (33 U.S.C. 1311, 1312, 1313, 1316, and 1317). No grant of inspection
can be issued unless such certification has been obtained, or is waived,
because of failure or refusal of the State, interstate agency, or the
Administrator of the Environmental Protection Agency to act on a request
for certification within a reasonable period (which shall not exceed 1
year after receipt of such request). Further, upon receipt of an
application for inspection and a certification as required by subsection
401(a)(1) of the Clean Water Act, the Administrator (as defined in
Sec. 590.5) is required by subparagraph (2) of said subsection to notify
the Administrator of the Environmental Protection Agency for proceedings
in accordance with that subsection. No grant of inspection can be made
until the requirements of 401(a) (1) and (2) have been met.
(e) Inspection may be suspended or revoked and plant approval
terminated as provided in subsection 401(a) (4) and (5) of the Clean
Water Act, as amended (33 U.S.C. 1341(a) (4) and (5)).
(f) Suspension of plant approval and withdrawal of service:
(1) Any plant approval given pursuant to these regulations may be
suspended by the Administrator for (i) failure to maintain premises,
facilities, and equipment in a satisfactory state of repair; (ii) the
use of operating procedures or practices which are not in
[[Page 671]]
accordance with the regulations; (iii) the alterations of buildings,
facilities, or equipment which have not been approved in accordance with
the regulations; or (iv) assaulting, intimidating, impeding,
obstructing, or interfering with any person engaged in or on account of
the performance of his official duties.
(2) During such period of suspension, no processing of egg products
for commerce shall be carried on in the official plant. If the plant
facilities or methods of operation are not brought into compliance
within a reasonable period of time, to be specified by the
Administrator, inspection service shall be withdrawn from the official
plant. Upon withdrawal of inspection service in an official plant, the
plant approval for processing egg products shall also become terminated.
(3) The operator shall be notified of the withdrawal action and the
reasons therefor and afforded an opportunity to present his views
informally prior to the effective date of such withdrawal, and upon
written request, he shall be afforded an opportunity for a hearing in
accordance with the applicable rules of practice (7 CFR, part 1, subpart
H), with respect to the merits or validity of the withdrawal, but such a
suspension or other withdrawal shall continue in effect pending the
outcome of any such hearing unless otherwise ordered by the
Administrator.
(4) In any case where inspection service is suspended under this
paragraph (f) of this section, such service, after appropriate
corrective action is taken, will be restored immediately, or as soon
thereafter as an inspector can be made available. In any case where
inspection service is withdrawn for a specified period under this
paragraph (f) of this section, the person concerned may, after said
specified period has expired, apply for inspection service as provided
in Secs. 590.140 through 590.146.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6657, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, as amended at 43 FR 60138,
Dec. 26, 1978; 45 FR 23640, Apr. 8, 1980. Redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.161]
[Page 671]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.161 Termination of plant approval.
When inspection service is not performed at any plant for a period
of at least 90 days, plant approval shall terminate upon notice by the
Administrator without further proceedings; provided, however, that this
section shall not apply to any plant where the Administrator determines
that such a plant operates on a seasonal basis and the inspection
service has not been used as a result of such seasonal operation, or
where operations have ceased due to extraordinary circumstances
determined by the Administrator as not warranting termination of plant
approval.
[45 FR 23641, Apr. 8, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981]
Records and Related Requirements for Eggs and Egg Products Handlers and
Related Industries
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.200]
[Page 671-672]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.200 Records and related requirements.
(a) Persons engaged in the business of transporting, shipping, or
receiving any eggs or egg products in commerce, or holding such articles
so received, and all egg handlers, including hatcheries, shall maintain
records showing, for a period of 2 years, to the extent that they are
concerned therewith, the receipt, delivery, sale, movement, and
disposition of all eggs and egg products handled by them, and shall,
upon the request of an authorized representative of the Secretary,
permit him, at reasonable times, to have access to and to copy all such
records.
(b) Production records by categories of eggs such as graded eggs,
nest-run eggs, dirties, checks, leakers, loss, inedible, etc., bills of
sale, inventories, receipts, shipments, shippers, receivers, dates of
shipment and receipt, carrier names, etc., as determined by the
Administrator, shall be maintained by all egg processing operations,
except that, official egg products plants which use all shell eggs
received and do not reship any shell eggs need only to maintain records
indicating the amount of eggs received, date received,
[[Page 672]]
and the name and address of the shipper.
[37 FR 6657, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 745, Jan. 7, 1982; 63 FR 69971, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.220]
[Page 672]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.220 Information and assistance to be furnished to inspectors.
When inspection service is performed at any plant, the plant
operator shall furnish the inspector such information and assistance as
may be required for the performance of inspection functions, preparing
certificates, reports, and for other official duties.
Administrative Detention
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.240]
[Page 672]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.240 Detaining product.
Whenever any eggs or egg products subject to the Act are found by
any authorized representative of the Secretary upon any premises, and
there is reason to believe that they are or have been processed, bought,
sold, possessed, used, transported, or offered or received for sale or
transportation in violation of the Act or the regulations in this part,
or that they are in any other way in violation of the Act, such articles
may be detained by such representative for a period not to exceed 20
days, as more fully provided in section 19 of the Act. A detention tag
or other similar device shall be used to identify detained product, and
the custodian or owner shall be given a written notice of such
detention. Only authorized representatives of the Secretary shall affix
or remove detention identification. The provisions of this section shall
in no way derogate from authority for condemnation or seizure conferred
by other provisions of the Act, the regulations in this part, or other
laws.
[37 FR 6658, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 69972, Dec. 17, 1998]
Appeal of an Inspection or Decision
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.300]
[Page 672]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.300 Who may request an appeal inspection or review of an inspector's decision.
Any appeal inspection may be requested by any interested party who
is dissatisfied with the determination by an inspector of the class,
quantity, or condition of any product, and a review may be requested by
the operator of an official plant with respect to an inspector's
decision or on any other matter related to inspection in the official
plant.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.310]
[Page 672]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.310 Where to file an appeal.
(a) Appeal of resident inspector's inspection or decision in an
official plant. Any interested party who is not satisfied with the
determination of the class, quantity, or condition of product which was
inspected by an inspector in an official plant and has not left such
plant, and the operator of any official plant who is not satisfied with
a decision by an inspector on any other matter relating to inspection in
such plant may request an appeal inspection or review of the decision by
the inspector by filing such request with the inspector's immediate
supervisor.
(b) All other appeal requests. Any interested party who is not
satisfied with the determination of the class, quantity, or condition of
product which has left the official plant where it was inspected may
request an appeal inspection by filing such request with the Regional
Director in the region where the product is located or with the Chief of
the Grading Branch.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 49169, Sept. 21, 1995; 63 FR 69972,
Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.320]
[Page 672-673]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.320 How to file an appeal.
The request for an appeal inspection or review of an inspector's
decision may be made orally or in writing. If made orally, written
confirmation may be required. The applicant shall clearly state the
identity of the product, the decision which is questioned, and the
reason(s) for requesting the appeal service. If such appeal request is
based on the results stated on an official certificate, the original and
all copies of the certificate available at the appeal inspection site
shall be provided to the
[[Page 673]]
inspector assigned to make the appeal inspection.
[60 FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.330]
[Page 673]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.330 When an application for an appeal inspection may be refused.
When it appears to the official with whom an appeal request is filed
that the reasons given in the request are frivolous or not substantial,
or that the condition of the product has undergone a material change
since the original inspection, or that the original lot has changed in
some manner, or the Act or the regulations in this part have not been
complied with, the applicant's request for the appeal inspection may be
refused. In such case, the applicant shall be promptly notified of the
reason(s) for such refusal.
[60 FR 49169, Sept. 21, 1995, as amended at 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.340]
[Page 673]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.340 Who shall perform the appeal.
(a) An appeal inspection or review of a decision requested under
Sec. 590.310(a) shall be made by the inspector's immediate supervisor or
by a licensed inspector assigned by the immediate supervisor other than
the inspector whose inspection or decision is being appealed.
(b) The assignment of the inspector(s) who will make the appeal
inspection under Sec. 590.310(b) shall be made by the Regional Director
or the Chief of the Grading Branch, Poultry Division, Agricultural
Marketing Service.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.350]
[Page 673]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.350 Procedures for selecting appeal samples.
(a) Prohibition on movement of product. Products shall not have been
moved from the place where the inspection being appealed was performed
and must have been maintained under adequate refrigeration when
applicable.
(b) Laboratory analyses. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. When the original sample containers
cannot be located, the appeal sample shall consist of product taken at
random from double the number of original sample containers.
(c) Condition inspection. The appeal sample shall consist of product
taken from the original sample containers plus an equal number of
containers selected at random. A condition appeal cannot be made unless
all originally sampled containers are available.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.360]
[Page 673]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.360 Appeal inspection certificates.
Immediately after an appeal inspection is completed, an appeal
certificate shall be issued to show that the original inspection was
sustained or was not sustained. Such certificate shall supersede any
previously issued certificate for the product involved and shall clearly
identify the number and date of the superseded certificate. The issuance
of the appeal certificate may be withheld until any previously issued
certificate and all copies have been returned when such action is deemed
necessary to protect the interest of the Government. When the appeal
inspector assigns a different class to the lot or determines that a net
weight shortage exists, the lot shall be retained pending correction of
the labeling or approval of the product disposition by the National
Supervisor.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.370]
[Page 673-674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.370 Cost of appeals.
(a) There shall be no cost to the appellant when the appeal
inspection discloses a material error was made in the original
determination.
(b) The costs of an appeal shall be borne by the appellant at an
hourly rate of $27.36, including travel time and expenses if the appeal
was frivolous, including but not being limited to the following: The
appeal inspection discloses that no material error was made in the
original inspection, the condition of the product has undergone a
material change since the original inspection, the original lot has
changed in some manner, or the Act or these
[[Page 674]]
regulations have not been complied with.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 49571, Oct. 7, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 58 FR 57539, Oct. 26, 1993; 59 FR 52636,
Oct. 18, 1994]
Certificates
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.400]
[Page 674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.400 Form of certificates.
All certificates shall be issued on forms approved by the
Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.402]
[Page 674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.402 Egg products inspection certificates.
(a) Upon request of the applicant or the Service, any inspector is
authorized to issue an egg products inspection certificate with respect
to any lot of egg products inspected by him. In addition, an inspector
is authorized to issue an inspection certificate covering product
inspected in whole or in part by another inspector when the inspector
has knowledge that the product is eligible for certification based on
personal examination of the product or official inspection records.
(b) Each egg products inspection certificate shall show the name and
address of the processor, the class and quantity of the egg products
covered by such certificate, such shipping marks as are necessary to
identify such products, all pertinent information concerning the
wholesomeness thereof, and such other information as the Administrator
may prescribe or approve.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.404]
[Page 674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.404 Erasures or alterations made on official certificates.
Erasures or alterations shall be initialed by the issuing inspector
on the original certificate and any copy thereof. All certificates made
useless through clerical error or otherwise and all certificates
canceled for whatever cause shall be voided and initialed and the
original and all other copies shall be forwarded as prescribed by the
Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.406]
[Page 674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.406 Disposition of official certificates.
The original and up to two copies of each official certificate shall
be issued to the applicant or person designated by him. Other copies
shall be filed and retained in accordance with the disposition schedule
for inspection program records.
Identifying and Marking Product
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.410]
[Page 674]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.410 Shell eggs and egg products required to be labeled.
(a) All shell eggs packed into containers destined for the ultimate
consumer shall be labeled to indicate that refrigeration is required,
e.g., "Keep Refrigerated," or words of similar meaning.
(b) Containers and portable tanks of edible egg products, prior to
leaving the official plant, shall be labeled in accordance with
Secs. 590.411 through 590.415 and shall bear the official identification
shown in Figure 2 of Sec. 590.412 or Figure 3 or 4 of Sec. 590.415. Bulk
transport shipments of liquid pasteurized egg products to nonofficial
outlets need not be sealed. Bulk shipments of liquid egg products
transported from one official plant to another shall be sealed and
accompanied by an official certificate.
[40 FR 20058, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 45675, Aug. 27, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.411]
[Page 674-676]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.411 Requirement of formulas and approval of labels for use in official egg products plants.
(a) No label, container, or packaging material which bears official
identification may bear any statement that is false or misleading. Any
label, container, or packaging material which bears any official
identification shall be used only in such manner as the Administrator
may prescribe. No label, container, or packaging material bearing
official identification may be used unless it is approved by the
Administrator in accordance with paragraph (b) of this section. The use
of finished labels must be approved as prescribed by the Administrator.
If the label is printed on or otherwise applied directly to the
container or packaging material, the principal display panel thereof
shall be considered as the label.
(b) No label, container, or packaging material bearing official
identification may be printed or prepared for use until the printers' or
other final proof
[[Page 675]]
has been approved by the Administrator in accordance with the
regulations in this part, the Egg Products Inspection Act, the Federal
Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, and
the regulations promulgated under these acts. Copies of each label
submitted for approval shall be accompanied by:
(1) A statement showing by their common or usual names the kinds and
percentages of the ingredients comprising the egg product. A range may
be given in cases where the percentages may vary from time to time.
Formulas are to be expressed in terms of a liquid product except for
products which are dry blended. Also, for products to be dried, the
label may show the ingredients in the order of descending proportions by
weight in the dried form. However, the formula submitted must include
the percentage of ingredients in both liquid and dried form.
(2) When required, scientific data demonstrating that the substance
or mixture is safe and effective for its intended use and does not
promote deception or cause the product to be otherwise adulterated or
misbranded.
(c) Containers of product bearing official identification shall
display the following information:
(1) The common or usual name, if any, and if the product is
comprised of two or more ingredients, such ingredients shall be listed
in the order of descending proportions by weight in the form in which
the product is to be marketed (sold), except that ingredients in dried
products (other than dry blended) may be listed in either liquid or
dried form. When water (excluding that used to reconstitute dehydrated
ingredients back to their normal composition) is added to a liquid or
frozen egg product or to an ingredient of such products (in excess of
the normal water content of that ingredient), the total amount of water
added, including the water content of any cellulose or vegetable gums
used, shall be expressed as a percentage of the total product weight in
the ingredient statement on the label.
(2) The name, address, and ZIP code of the packer or distributor.
When the distributor is shown, it shall be qualified by such terms as
"packed for," "distributed by," or "distributors";
(3) The lot number or approved alternative code number indicating
date of production;
(4) The net contents;
(5) Official identification and plant number;
(6) Egg products which are produced in an official plant from edible
shell eggs of other than current production or from other egg products
produced from shell eggs of other than current production, shall be
clearly and distinctly labeled in close proximity to the common or usual
name of the product, e.g., "Manufactured from eggs of other than
current production";
(7) Egg products produced from edible shell eggs or the egg product
produced from such shell eggs of the turkey, duck, goose, or guinea
shall be clearly and distinctly labeled as to the common or usual name
of the product indicating the type of eggs or egg products used in the
product, e.g., "Frozen whole turkey eggs," "Frozen whole chicken and
turkey eggs." Egg products labeled without qualifying words as to the
type of shell egg used in the product shall be produced only from the
edible shell egg of the domesticated chicken or the egg product produced
from such shell eggs.
(d) Liquid or frozen egg products identified as whole eggs and
prepared other than in natural proportions, as broken from the shell,
shall have a total egg solids content of 24.20 percent or greater.
(e) Nutrition information may be included on labels used to identify
egg products, providing such labeling complies with the provisions of 21
CFR part 101, promulgated under the Federal Food, Drug, and Cosmetic Act
and the Fair Packaging and Labeling Act. Since these regulations have
different requirements for consumer packaged products than for bulk
packaged egg products not for sale or distribution to household
consumers, label submission shall be accompanied with information
indicating whether the label covers consumer packaged or bulk packaged
product. Nutrition labeling is required when nutrients, such as
proteins, vitamins, and minerals are added to the product, or when a
nutritional claim or information is presented on the labeling, except
for the following which are
[[Page 676]]
exempt from nutrition labeling requirements:
(1) Egg products shipped in bulk form for use solely in the
manufacture of other food and not for distribution to household
consumers in such bulk form or containers.
(2) Products containing an added vitamin, mineral, or protein, or
for which a nutritional claim is made on the label, or in advertising,
which is supplied for institutional food use only: Provided, That the
manufacturer or distributor provides the required nutrition information
directly to those institutions.
(3) Any nutrient(s) included in product solely for technological
purpose may be declared solely in the ingredients statement, without
complying with nutrition labeling, if the nutrient(s) is otherwise not
referred to in labeling or in advertising. All labels showing nutrition
information or claims are subject to review by the Food and Drug
Administration prior to approval by the Department.
(f) If the Administrator has reason to believe that the statement on
formulation shows the product to be adulterated or misbranded or that
any labeling, or the size or form of any container in use or proposed
for use in respect to egg products at any official plant is false or
misleading in any way, he may direct that such use be withheld unless
the labeling or container is modified in such a manner as he may
prescribe so that it will not be false or misleading, and/or the
formulation of the product is altered in such a manner that he may
prescribe so that it is not adulterated, or would not cause misbranding.
Any person so denied the approval of any label shall be notified
promptly of the reasons for the denial on a form approved by the
Administrator. If the person using or proposing to use the label does
not accept the determination of the Administrator, he may request a
hearing by filing with the Administrator within 10 days after receiving
the notice of denial, a written application for a hearing setting forth
specifically, the errors alleged to have been made by the Administrator
in denying approval of the label. The use of the label shall be withheld
pending hearing and final determination by the Administrator if the
Administrator so directs. Hearings held pursuant to this subsection
shall be presided at by the Administrator. The applicant shall be given
the opportunity to present evidence both oral and written in support of
his allegation that the Administrator erred in denying approval of the
label. The notice of denial together with all other available data and
information used as a basis for such denial shall be considered part of
the record. The Administrator may take official notice of such matters
as are judicially noticed by the Courts of the United States and of any
other matter of technical, scientific, or commercial fact of established
character. The Administrator shall make his final determination with
respect to the matter upon the basis of evidence before him. Such
determination shall be conclusive unless, within 30 days after the
receipt of notice of such final determination, the person adversely
affected thereby appeals to the U.S. Court of Appeals for the circuit in
which he has his principal place of business, or to the U.S. Court of
Appeals for the District of Columbia Circuit. The provisions of section
204 of the Packers and Stockyards Act of 1921, as amended, shall be
applicable to appeals taken under this section.
[37 FR 6658, Apr. 1, 1972, as amended at 40 FR 20058, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, as amended at 45 FR 23641,
Apr. 8, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at
53 FR 23751, June 24, 1988; 60 FR 49169, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.412]
[Page 676-677]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.412 Form of official identification symbol and inspection mark.
(a) The shield set forth in Figure 1 containing the letters "USDA"
shall be the official identification symbol for purposes of this part
and, when used, imitated, or simulated in any manner in connection with
a product, shall be deemed to constitute a representation that the
product has been officially inspected.
(b) The inspection mark which is to be used on containers of edible
egg products shall be contained within the outline of a shield and with
the wording and design set forth in Figure 2 of this section, except the
plant number may be preceded by the letter "P" in
[[Page 677]]
lieu of the word "plant". Alternatively, it may be omitted from the
official shield if applied on the container's principal display panel or
other prominent location and preceded by the letter "P" or the word
"Plant".
[GRAPHIC] [TIFF OMITTED] TC25SE91.018
[GRAPHIC] [TIFF OMITTED] TC25SE91.019
[36 FR 9814, May 28, 1971, as amended at 40 FR 20058, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.414]
[Page 677]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.414 Products bearing the official inspection mark.
Egg products which are permitted to bear the inspection mark shall
be processed in an official plant from edible shell eggs or other edible
egg products and may contain other edible ingredients. The official mark
shall be printed or lithographed and applied as a part of the principal
display panel of the container but shall not be applied to a detachable
cover.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.415]
[Page 677-678]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.415 Use of other official identification.
Other official identification as shown in this section shall be
printed or lithographed and applied as a part of the principal display
panel, but shall not be applied to a detachable cover. The plant number
may be omitted from the identification if applied elsewhere on the
container's principal display panel or other prominent location and
preceded by the letter "P" or the word "plant". Such products shall
meet all requirements for egg products which are permitted to bear the
official inspection mark shown in Sec. 590.412, except for
pasteurization, heat treatment, or other such methods of treatment
approved by the Administrator. Such products shall not be released into
consuming channels until they have been subjected to pasteurization,
heat treatment, or other approved methods of treatment.
(a) All nonpasteurized egg products, except as provided in paragraph
(b) of this section, shipped from an official plant in packaged form
shall be marked with the identification set forth in Figure 3 of this
section. After pasteurization or treatment, the product may bear the
official inspection mark as shown in Sec. 590.412.
[GRAPHIC] [TIFF OMITTED] TC25SE91.020
(b) All nonpasteurized egg products, containing 10 percent or more
added salt, shipped from an official plant in packaged form to an acidic
dressing manufacturer shall be marked with the identification set forth
in Figure 4 of this section.
[[Page 678]]
[GRAPHIC] [TIFF OMITTED] TC25SE91.021
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.417]
[Page 678]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.417 Unauthorized use or disposition of approved labels.
(a) Containers or labels which bear official identification approved
for use pursuant to Sec. 590.411 shall be used only for the purpose for
which approved. Any unauthorized use or disposition of approved
containers or labels which bear any official identification may result
in cancellation of the approval and denial of the use of containers or
labels bearing official identification and may subject such violator to
the penalties and denial of the benefits of the Act;
(b) The use of simulations or imitations of any official
identification by any person is prohibited;
(c) Upon termination of inspection service in an official plant
pursuant to these regulations, all labels or packaging materials
indicating product packed by the plant which bear official
identification shall either be destroyed under the supervision of the
Service or, if used in another location, modified in a manner acceptable
to the Service before use.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20059, May 8, 1975; 42 FR
2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60 FR
49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.418]
[Page 678]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.418 Supervision of marking and packaging.
(a) Evidence of label approval. No inspector shall authorize the use
of official identification on any inspected product unless he has on
file evidence that such official identification or packaging material
bearing such official identification has been approved in accordance
with the provisions of Sec. 590.411.
(b) Affixing of official identification. No official identification
shall be, or caused to be affixed to or placed on any product or
container except by an inspector or under the supervision of an
inspector or other person authorized by the Administrator. All such
products shall have been inspected in accordance with these regulations.
The inspector shall have supervision over the use and handling of all
material bearing any official identification.
(c) Labels for products sold under Government contract. The
inspector in the official plant may approve use of labels for containers
of product sold under a contract specification to governmental agencies
when such product is not offered for resale to the general public:
Provided, That the contract specifications have been approved by the
Administrator and include complete specific requirements with respect to
labeling and are made available to the inspector.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.419]
[Page 678]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.419 Reuse of containers bearing official identification prohibited.
The reuse, by any person, of containers bearing official
identification is prohibited unless such identification is applicable in
all respects to product being packed therein. In such instances, the
container and label may be used provided the packaging is accomplished
under the supervision of an inspector and the container is in compliance
with Sec. 590.504(k).
Inspection, Reinspection, Condemnation, and Retention
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.420]
[Page 678-679]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.420 Inspection.
(a) Continuous inspection shall be made, pursuant to these
regulations, of the processing of egg products in each official plant
processing egg products for commerce unless exempted under Sec. 590.100.
Inspections, certifications, or specification-type gradings, and other
inspections which may be requested by the official plant and are in
addition to the normal inspection requirements and functions for the
processing, production, or certification of a wholesome egg product
under this part, shall
[[Page 679]]
be made pursuant to the voluntary egg products inspection service (part
55 of this chapter).
(b) Any food manufacturing establishment or institution which uses
any eggs that do not meet the requirements of Sec. 590.100(a) in the
preparation of any articles for human food shall be deemed to be a plant
processing egg products requiring continuous inspection under this part.
(c) Any product which is prepared under inspection in an official
plant shall be inspected in such plant as often as the inspector deems
necessary in order to ascertain if the product is unadulterated,
wholesome, properly labeled, and fit for human food at the time it
leaves the plant. Upon any such inspection, if any product or portion
thereof is found to be adulterated, unwholesome, or otherwise unfit for
human food, such product or portion thereof shall be condemned and shall
receive such treatment as provided in Sec. 590.422.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.422]
[Page 679]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.422 Condemnation.
Eggs and egg products found to be adulterated at official plants
shall be condemned and, if no appeal be taken from such determination of
condemnation, such articles shall be destroyed for human food purposes
under the supervision of an inspector: Provided, That articles which may
by reprocessing be made not adulterated need not be condemned and
destroyed if so reprocessed under the supervision of an inspector and
thereafter found to be not adulterated. If an appeal is requested, the
eggs or egg products shall be appropriately marked and segregated
pending completion of an appeal inspection. The appeal shall be at the
cost of the appellant if the Administrator determines that the appeal is
frivolous, as defined in Sec. 590.370.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.424]
[Page 679]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.424 Reinspection.
(a) No egg product may be brought into an official plant except as
provided in Sec. 590.430(b) unless it has been prepared and handled in
accordance with these regulations, and the container of such product is
marked so as to identify the article as so inspected in accordance with
this part.
(b) All egg products shall be reinspected by an inspector at the
time they are brought into the official plant. Upon reinspection, if any
such product or portion thereof is found to be unsound, unwholesome,
adulterated, or otherwise unfit for human food, such product or portion
thereof, shall be condemned and shall receive such treatment as provided
in Sec. 590.422, and shall, in the case of other products be disposed of
according to applicable law.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.426]
[Page 679]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.426 Retention.
Retention tags or other devices and methods as may be approved by
the Administrator shall be used for the identification and control of
products which are not in compliance with the regulations or are held
for further examination, and any equipment, utensils, rooms or
compartments which are found to be unclean or otherwise in violation of
the regulations. No product, equipment, utensil, room, or compartment
shall be released for use until it has been made acceptable. Such
identification shall not be removed by anyone other than an inspector.
Entry of Material Into Official Egg Products Plants
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.430]
[Page 679-680]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.430 Limitation on entry of material.
(a) The Administrator shall limit the entry of eggs and egg products
and other materials into official plants under such conditions as he may
prescribe to assure that allowing the entry of such articles will be
consistent with the purposes of the Act and these regulations.
(b) Inedible egg products may be brought into an official plant for
storage and reshipment: Provided, they are handled in such a manner that
adequate segregation and inventory controls are maintained at all times.
Inedible egg products may be processed in official plants: Provided,
That prior approval is obtained from the Administrator and under such
conditions and time limitations as the Administrator may specify. The
processing of inedible egg products shall be done under conditions which
will not affect the processing of edible products, such as processing in
separate areas, or at times
[[Page 680]]
when no edible product is being processed. All equipment and processing
areas must be thoroughly cleaned and sanitized prior to processing any
edible product.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20059, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.435]
[Page 680]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.435 Wholesomeness and approval of materials.
(a) Substances and ingredients used in the manufacture or
preparation of any egg product capable of use as human food shall be
clean, wholesome, and unadulterated.
(b) The use of chemical additives in egg products shall be permitted
only when they are approved by the Administrator. The Administrator may
require, in addition to listing the ingredients, a declaration of the
additive, and the purpose of its use.
(c) Chemical additives to be used in the preparation of egg products
will be approved only if they comply with the following criteria:
(1) The additive shall be safe under the conditions of its intended
use.
(2) The additive shall not promote deception or cause the product to
be otherwise adulterated or unwholesome. Scientific data acceptable to
the Administrator showing that the additive meets the criteria specified
in this paragraph (c) shall be submitted by the person interested in
having the additive approved.
(d) Containers and packing or packaging materials in which shell
eggs are received into the official plant shall be free from odors and
materials which could contaminate or adulterate the eggs or egg
products.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.440]
[Page 680]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.440 Processing ova.
(a) Ova from slaughtered poultry may be brought into the official
plant for processing: Provided, That the ova is from wholesome poultry
inspected in a plant operating under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.) and such product is harvested in a sanitary
manner, properly handled, cooled, packaged and labeled: And provided
further, That such product is wholesome and the containers of such
product bear official identification which assures the provisions of
this paragraph have been met.
(b) The ova and products containing ova shall be processed, cooled,
and pasteurized in the official plant in the same manner as liquid,
frozen, or dried yolk products.
(c) The labeling for all products containing ova shall be approved
by the Administrator prior to use.
Sanitary, Processing, and Facility Requirements
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.500]
[Page 680-681]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.500 Plant requirements.
(a) The plant shall be free from objectionable odors, dust, and
smokeladen air.
(b) The premises shall be free from refuse, rubbish, waste, and
other materials and conditions which constitute a source of odors or a
harbor for insects, rodents, and other vermin.
(c) The buildings shall be of sound construction and kept in good
repair to prevent the entrance or harboring of vermin.
(d) Rooms shall be kept free from refuse, rubbish, waste materials,
odors, insects, rodents, and from any conditions which may constitute a
source of odors or engender insects and rodents. Materials and equipment
not currently needed shall be handled or stored in a manner so as not to
constitute a sanitary hazard.
(e) Doors and windows that open to the outside shall be protected
against the entrance of flies and other insects. Doors and windows
serving rooms where edible product is exposed shall be so designed and
installed to prevent the entrance of dust and dirt. Doors leading into
rooms where edible product is processed shall be of solid construction
and such doors, other than freezer and cooler doors, shall be fitted
with self-closing devices.
(f) Doors and other openings which are accessible to rodents shall
be of rodent-proof construction.
(g) There shall be an efficient drainage and plumbing system for the
plant and premises. Drains and gutters shall be properly installed with
approved traps and vents. The sewage system shall have adequate slope
and capacity to readily remove waste from the various processing
operations. Floor
[[Page 681]]
drains shall be equipped with traps, and constructed so as to minimize
clogging. In new or remodeled construction the drainage systems from
toilets and laboratories shall not be connected with other drainage
systems within the plant.
(h) The water supply (both hot and cold) shall be ample, clean, and
potable, with adequate pressure and facilities for its distribution
throughout the plant or portion thereof utilized for egg processing and
handling operations and protected against contamination and pollution. A
water report, issued under the authority of a State or municipal health
agency, certifying to the potability of the water supply shall be
obtained by the applicant and furnished to the Administrator whenever
such report is required by the Administrator.
(i) The floors, walls, ceiling, partitions, posts, doors, and other
parts of all structures shall be of such materials, construction, and
finish to permit their ready and thorough cleaning. The floors and
curbing shall be watertight.
(j) Each room and each compartment in which any shell eggs or egg
products are handled or processed shall be so designed, constructed, and
maintained to insure processing and operating conditions of a clean and
orderly character, free from objectionable odors and vapors, and
maintained in a clean and sanitary condition.
(k) Every precaution shall be taken to exclude dogs, cats, and
vermin (including, but not being limited to, rodents and insects) from
the plant, or portion thereof utilized in which shell eggs or egg
products are handled or stored.
(l)(1) There shall be a sufficient number of adequately lighted
dressing rooms and toilet rooms, ample in size, conveniently located and
separated from the rooms and compartments in which shell eggs or egg
products are handled, processed, or stored. The dressing rooms and
toilet rooms shall be separately ventilated, and shall meet all
requirements as to sanitary construction and equipment.
(2) The following formula shall serve as a basis for determining the
toilet facilities required:
------------------------------------------------------------------------
Toilet
Persons of same sex bowls
required
------------------------------------------------------------------------
1 to 15, inclusive........................................... 1
16 to 35, inclusive.......................................... 2
36 to 55, inclusive.......................................... \1\ 3
56 to 80, inclusive.......................................... \1\ 4
For each additional 30 persons in excess of 80............... \1\ 1
------------------------------------------------------------------------
\1\ Urinals may be substituted for toilet bowls but only to the extent
of one-third of the total number of bowls stated.
(m) Lavatory accommodations (including, but not being limited to,
hot and cold running water, single service towels, and soap which does
not impart an odor which interferes with accurate evaluation of the
product) shall be placed at such locations in the plant to assure
cleanliness of each person handling any shell eggs or egg products. The
hand washing facilities in the processing areas shall be operated by
other than hand operated controls and the drains shall be trapped and
connected to the plumbing system.
(n) Suitable facilities for cleaning and sanitizing utensils and
equipment shall be provided at convenient locations throughout the
plant.
(o) Refuse rooms shall be provided for the accumulation and storage
of shells, trash, and other refuse. They shall be separate rooms
completely enclosed without doorways opening into breaking rooms or
rooms where egg products or packaging materials are handled or stored
and have concrete floors with approved drains, facilities for cleaning,
and an approved exhaust system vented to the outside. Alternative
systems of handling shells, trash, and other refuse may be approved by
the Administrator when such systems adequately contain all refuse and
provide equivalent sanitary methods for the handling and removal of
refuse.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971, as amended at 40
FR 20059, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 45 FR 23641, Apr. 8, 1980. Redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.502]
[Page 681-682]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.502 Equipment and utensils; PCB-containing equipment.
(a) Equipment and utensils used in processing shell eggs and egg
products shall be of such design, material, and construction as will:
(1) Enable the examination, segregation, and processing of such
products in
[[Page 682]]
an efficient, clean, and satisfactory manner;
(2) Permit easy access to all parts to insure thorough cleaning and
sanitizing. So far as is practicable, all such equipment shall be made
of metal or other impervious material which will not affect the product
by chemical action or physical contact.
(b) Except as authorized by the Administrator, in new or remodeled
equipment and equipment installations, the equipment and installation
shall comply with the applicable 3-A or E-3-A Sanitary Standards and
accepted practices currently in effect for such equipment.
(c) New or replacement equipment or machinery (including any
replacement parts) brought onto the premises of any official plant shall
not contain liquid polychlorinated biphenyls (PCBs) in concentrations
above 50 parts per million by weight of the liquid medium. This
provision applies to both food processing and nonfood processing
equipment and machinery, and any replacement parts for such equipment
and machinery. Totally enclosed capacitors containing less than 3 pounds
of PCBs are exempted from this prohibition.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 45 FR 68919, Oct. 17, 1980. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.504]
[Page 682-684]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.504 General operating procedures.
(a) Operations involving processing, storing, and handling of shell
eggs, ingredients, and egg products shall be strictly in accord with
clean and sanitary methods and shall be conducted as rapidly as
practicable. Pasteurization, heat treatment, stabilization, and other
processes shall be in accord with this part and as approved by the
Administrator. Processing methods and temperatures in all operations
shall be such as will prevent a deterioration of the egg products.
(b) Shell eggs and egg products processed in official plants shall
be subjected to constant and continuous inspection throughout each and
every processing operation. Any shell egg or egg product which was not
processed in accordance with these regulations or is not fit for human
food shall be removed and segregated.
(c) All loss and inedible eggs or egg products shall be placed in a
container clearly labeled "inedible" and containing a sufficient
amount of approved denaturant or decharacterant, such as FD&C brown,
blue, black, or green colors, meat and fish by-products, grain and
milling by-products, or any other substance, as approved by the
Administrator, that will accomplish the purposes of this section. Shell
eggs shall be crushed and the substance shall be dispersed through the
product in amounts sufficient to give the product a distinctive
appearance or odor. Notwithstanding the foregoing, and upon permission
of the Inspector, the applicant may hold inedible product in containers
clearly labeled inedible which do not contain a denaturant if such
inedible product is denatured or decharacterized prior to shipment from
the official plant: Provided, That such product is properly packaged,
labeled, segregated, and inventory controls are maintained. In addition,
product shipped from the official plant for industrial use or animal
food need not be denatured or decharacterized, provided, that such
product is properly packaged, labeled, segregated, and inventory
controls are maintained, and that such product is shipped under
Government seal and certificate and received at the destination location
by an inspector or grader as defined in this part.
(d) The inspector may, prior to receipt of laboratory results for
salmonella, or for other reasons such as labeling as to solids content,
permit egg products to be shipped from the official plant when he has no
reason to suspect noncompliance with any of the provisions of this part.
However, such shipments shall be made under circumstances which will
assure the return of the product to the plant for reprocessing,
relabeling, or under such other conditions as the Administrator may
determine to assure compliance with this part.
(e) Pasteurizing, stabilizing, or drying operations shall start as
soon as practicable after breaking to prevent deterioration of product,
preferably
[[Page 683]]
within 72 hours from time of breaking for egg products other than whites
which are to be desugared.
(f) Each person who is to handle any exposed or unpacked egg
products or any utensils or container which may come into contact with
egg product, shall wash his hands and maintain them in a clean
condition.
(g) No product or material which creates an objectionable condition
shall be processed, stored, or handled in any room, compartment, or
place where any shell eggs or egg products are processed, stored or
handled.
(h) Only germicides, insecticides, rodenticides, detergents, or
wetting agents or other similar compounds which will not deleteriously
affect the eggs or egg products when used in an approved manner and
which have been approved by the Administrator, may be used in an
official plant. The identification, storage, and use of such compounds
shall be in a manner approved by the Administrator.
(i) Utensils and equipment which are contaminated during the course
of processing any shell eggs or egg products shall be removed from use
immediately and shall not be used again until cleaned and sanitized.
(j) Any substance or ingredient added in the processing of any egg
products shall be clean and fit for human food.
(k) Packages or containers for egg products shall be of sanitary
design and clean when being filled with any egg products; and all
reasonable precautions shall be taken to avoid soiling or contaminating
the surface of any package or container liner which is, or will be, in
direct contact with such egg products. Only new containers or used
containers that are clean, in sound condition and lined with suitable
inner liners shall be used for packaging edible egg products. Fiber
containers used without liners require the approval of the
Administrator.
(l) Egg products shall be inspected to determine the wholesomeness
of the finished product.
(m) Egg products shall be processed in such a manner as to insure
the immediate removal of blood and meat spots, shell particles, and
foreign materials.
(n) Utensils and equipment, except drying units, powder conveyors,
sifters, blenders, and mechanical powder coolers shall be clean and
sanitized at the start of processing operations. Equipment and utensils
shall be kept clean and sanitary during all processing operations.
(o) Egg products prior to being released into consuming channels
shall be pasteurized in accordance with Sec. 590.570 except that dried
whites prepared from nonpasteurized liquid shall be heat treated in
accordance with Sec. 590.575.
(1) To assure adequate pasteurization, egg products shall be sampled
and tested for the presence of salmonella. Sampling for the presence of
salmonella shall be in accordance with Sec. 590.580 and product found to
be salmonella positive shall be reprocessed, pasteurized, and analyzed
for the presence of salmonella, or denatured.
(2) Nonpasteurized or salmonella positive egg product may be shipped
from an official plant only when it is to be pasteurized, repasteurized,
or heat treated in another official plant. Shipments of products from
one official plant to another for pasteurization, repasteurization, or
heat treatment shall be in sealed cars or trucks with an accompanying
certificate stating that the product is not pasteurized or is salmonella
positive. If nonpasteurized or salmonella positive products are to be
stored in other than the official plant facilities, the inspector at the
consignee's and consignor's plants shall be given full knowledge of the
disposition of the product, including warehouse inventory receipts,
until such time as product is pasteurized, repasteurized, or heat
treated. The containers of such nonpasteurized or salmonella positive
product shall be marked with the identification mark shown in Figure 3
of Sec. 590.415.
(3) Notwithstanding the provision of paragraph (o)(2) of this
section, nonpasteurized salted egg products containing 10 percent or
more salt added may be shipped from an official plant directly to a
manufacturer of acidic dressings only under the following provisions:
(i) Before such shipment is made, the manufacturer of the acidic
dressing
[[Page 684]]
shall apply in writing and receive permission from the Administrator to
receive and use unpasteurized egg products. The applicant shall sign a
written statement containing the specification for the treatment of the
nonpasteurized egg product in a manner that will insure that viable
salmonella microorganisms are destroyed, and such processing treatment
shall be approved by the Administrator prior to use.
(ii) Product shall be shipped under seal from the official plant,
accompanied by an official USDA certificate stating that the product is
nonpasteurized and for use in acidic dressings only.
(iii) The applicant shall acknowledge receipt of each shipment by
indicating on the reverse side of the USDA certificate. "The quantity
of nonpasteurized egg product stated on this certificate was received at
----------," the blank being filled in with the name and address of the
receiving company and the date and signature of the person completing
the form. The certificate shall be returned to the USDA inspector at the
origin plant.
(iv) The acidic dressing manufacturer shall maintain processing
records indicating the use of each shipment of unpasteurized salted
product and the code lots of acidic dressing into which it was
processed. Records of the pH and the acidity expressed as percent acetic
acid of each code lot shall be maintained. The records shall also
demonstrate that the acidic dressing was held 72 hours prior to
shipment. These records shall be maintained for 2 years and shall be
available for inspection by a representative of the Department.
(v) Each container of salted egg product shipped from the official
plant shall be labeled as required in Sec. 590.411, and shall bear the
words "Caution--this egg product has not been pasteurized or otherwise
treated to destroy viable salmonella microorganisms," and shall bear
the official identification shown in figure 4 of Sec. 590.415.
(p) Air which is to come in contact with product or with product
contact surfaces shall come from approved filtered outside air sources.
(q) All liquid and solid waste material in the official plant shall
be disposed of in a manner approved by the Administrator to prevent
product contamination and in accordance with acceptable environmental
protection practices.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6658, Apr. 1, 1972; 40 FR
20059, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 FR
745, Jan. 7, 1982; 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.506]
[Page 684]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.506 Candling and transfer-room facilities and equipment.
(a) The room shall be so constructed that it can be adequately
darkened to assure accuracy in removal of inedible or loss eggs by
candling. Equipment shall be arranged so as to facilitate cleaning and
the removal of refuse and excess packing material.
(b) The construction of the floor shall allow thorough cleaning. The
floors shall be of water-resistant composition and provided with proper
drainage.
(c) An approved exhaust system shall be provided for the continuous
removal directly to the outside of any steam, vapors, odors, or dust in
the room. The room shall be maintained at reasonable working
temperatures during operations.
(d) Candling devices of an approved type shall be provided to enable
candlers to detect loss, inedible, dirty eggs, and eggs other than
chicken eggs.
(e) Leaker trays shall be made of a material and of such design that
is conducive to easy cleaning and sanitizing.
(f) Containers made of a material and of such design that are
conducive to easy cleaning shall be provided for inedible eggs. All such
containers shall be conspicuously marked.
(g) Containers made of a material and of such design that are
conducive to easy cleaning shall be provided for trash unless clean,
disposable containers are furnished daily.
(h) Shell egg conveyors shall be constructed so that they can be
thoroughly cleaned.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6659, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[[Page 685]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.508]
[Page 685]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.508 Candling and transfer-room operations.
(a) Candling and transfer rooms and equipment shall be kept clean,
free from cobwebs, dust, objectionable odors, and excess packing
materials.
(b) Containers for trash and inedible eggs shall be removed from the
candling rooms as often as necessary but at least once daily; and shall
be cleaned and treated in such a manner as will prevent off odors or
objectionable conditions in the plant.
(c) Shell eggs shall be handled in a manner to minimize sweating
prior to breaking.
(d) Shell eggs with extensively damaged shells, unless prohibited
under Sec. 590.510(d), shall be placed into leaker trays and shall be
broken promptly.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.510]
[Page 685]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.510 Classifications of shell eggs used in the processing of egg products.
(a) The shell eggs shall be sorted and classified into the following
categories in a manner approved by the National Supervisor:
(1) Eggs listed in paragraph (d) of this section.
(2) Dirty.
(3) Leakers as described in paragraph (c)(2) of this section.
(4) Eggs from other than chicken; duck, turkey, guinea, and goose
eggs.
(5) Other eggs--satisfactory for use as breaking stock.
(b) Shell eggs having strong odors or eggs received in cases having
strong odors shall be candled and broken separately to determine their
acceptability.
(c) Shell eggs, when presented for breaking, shall be of edible
interior quality and the shell shall be sound and free of adhering dirt
and foreign material, except that:
(1) Checks and eggs with a portion of the shell missing may be used
when the shell is free of adhering dirt and foreign material and the
shell membranes are not ruptured.
(2) Eggs with clean shells which are damaged in candling and/or
transfer and have a portion of the shell and shell membranes missing may
be used only when the yolk is unbroken and the contents of the egg are
not exuding over the outside shell. Such eggs shall be placed in leaker
trays and be broken promptly.
(3) Eggs with meat or blood spots may be used if the spots are
removed in an acceptable manner.
(d) All loss or inedible eggs shall be placed in a designated
container and be handled as required in Sec. 590.504(c). Inedible and
loss eggs for the purpose of this section and Sec. 590.522 are defined
to include black rots, white rots, mixed rots, green whites, eggs with
diffused blood in the albumen or on the yolk, crusted yolks, stuck
yolks, developed embryos at or beyond the blood ring state, moldy eggs,
sour eggs, any eggs that are adulterated as such term is defined
pursuant to this part, and any other filthy and decomposed eggs
including the following:
(1) Any egg with visible foreign matter other than removable blood
and meat spots in the egg meat.
(2) Any egg with a portion of the shell and shell membranes missing
and with egg meat adhering to or in contact with the outside of the
shell.
(3) Any egg with dirt or foreign material adhering to the shell and
with cracks in the shell and shell membranes.
(4) Liquid egg recovered from shell egg containers and leaker trays.
(5) Open leakers made in the washing operation.
(6) Any egg which shows evidence that the contents are or have been
exuding prior to transfer from the case.
(e) Incubator reject eggs shall not be brought into the official
plant.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20059, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.515]
[Page 685-686]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.515 Egg cleaning operations.
(a) The following requirements shall be met when washing shell eggs
to be presented for breaking:
(1) Shell egg cleaning equipment shall be kept in good repair and
shall be cleaned after each day's use or more frequently if necessary.
(2) The temperature of the wash water shall be maintained at 90
deg.F or higher, and shall be at least 20 deg.F warmer than the
temperature of the eggs to be washed. These temperatures
[[Page 686]]
shall be maintained throughout the cleaning cycle.
(3) An approved cleaning compound shall be used in the wash water.
(The use of metered equipment for dispensing the compound into solution
is recommended.)
(4) Wash water shall be changed approximately every 4 hours or more
often if needed to maintain sanitary conditions and at the end of each
shift. Remedial measures shall be taken to prevent excess foaming during
the egg washing operation.
(5) Replacement water shall be added continuously to the wash water
of washers to maintain a continuous overflow. Rinse water and chlorine
sanitizing rinse may be used as part of the replacement water. Iodine
sanitizing rinse may not be used as part of the replacement water.
(6) Waste water from the egg washing operation shall be piped
directly to drains.
(7) The washing operation shall be continuous and shall be completed
as rapidly as possible. Eggs shall not be allowed to stand or soak in
water. Immersion-type washers shall not be used.
(8) Prewetting shell eggs prior to washing may be accomplished by
spraying a continuous flow of water over the eggs in a manner which
permits the water to drain away, or by other methods which may be
approved by the Administrator.
(b) Shell eggs shall not be washed in the breaking room or any room
where edible products are processed.
[36 FR 9814, May 28, 1971, as amended at 40 FR 20059, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.516]
[Page 686]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.516 Sanitizing and drying of shell eggs prior to breaking.
(a) Immediately prior to breaking, all shell eggs shall be spray
rinsed with potable water containing an approved sanitizer of not less
than 100 ppm nor more than 200 ppm of available chlorine or its
equivalent. Alternative procedures may be approved by the Administrator
in lieu of sanitizing shell eggs washed in the plant.
(b) Shell eggs shall be sufficiently dry at time of breaking to
prevent contamination or adulteration of the liquid egg product from
free moisture on the shell.
[60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.520]
[Page 686-687]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.520 Breaking room facilities.
(a) The breaking room shall have at least 30 foot-candles of light
on all working surfaces except that light intensity shall be at least 50
foot-candles at breaking and inspection stations. Lights shall be
protected with adequate safety devices.
(b) The surface of the ceiling and walls shall be smooth and made of
a water-resistant material.
(c) The floor shall be of water-proof composition, reasonably free
from cracks or rough surfaces, sloped for adequate drainage, and the
intersections with walls and curbing shall be impervious to water.
(d) Ventilation shall provide for:
(1) A positive flow of outside filtered air through the room;
(2) Air of suitable working temperature during operations.
(e) There shall be provided adequate hand washing facilities which
are easily accessible to all breaking personnel, an adequate supply of
warm water, clean towels or other facilities for drying hands, odorless
soap, and containers for used towels. Hand washing facilities shall be
operated by other than hand operated controls.
(f) Containers for packaging egg products are not acceptable as
liquid egg buckets.
(g) A suitable container conspicuously identified shall be provided
for the disposal of rejected liquid.
(h) Strainers, filters, or centrifugal clarifiers of approved
construction shall be provided for the effective removal of shell
particles and foreign material, unless specific approval is obtained
from the National Supervisor for other mechanical devices.
(i) A separate drawoff room with a filtered positive air ventilation
system shall be provided for packaging liquid egg product, except
product packaged
[[Page 687]]
by automatic, closed packaging systems.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6659, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.522]
[Page 687-688]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.522 Breaking room operations.
(a) The breaking room shall be kept in a dust-free clean condition
and free from flies, insects, and rodents. The floor shall be kept clean
and reasonably dry during breaking operations and free of egg meat and
shells.
(b) All breaking room personnel shall wash their hands thoroughly
with odorless soap and water each time they enter the breaking room and
prior to receiving clean equipment after breaking an inedible egg.
(c) Paper towels or tissues shall be used at breaking tables, and
shall not be reused. Cloth towels are not permitted.
(d) Breakers shall use a complete set of clean equipment when
starting work and after lunch periods. All table equipment shall be
rotated with clean equipment every 2\1/2\ hours.
(e) Cups shall not be filled to overflowing.
(f) Each shell egg shall 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. All egg meat
shall be reexamined by a person qualified to perform such functions
before being emptied into the tank or churn, except as otherwise
approved by the National Supervisor.
(g) Shell particles, meat and blood spots, and other foreign
material accidentally falling into the cups or trays shall be removed
with a spoon or other approved instrument.
(h) Whenever an inedible egg is broken, the affected breaking
equipment shall be cleaned and sanitized.
(i) Inedible and loss eggs as defined in Sec. 590.510 apply to this
section.
(j) The contents of any cup or other liquid egg receptacle
containing one or more inedible or loss eggs shall be rejected.
(k) Contents of drip trays shall be emptied into a cup and smelled
carefully before pouring into liquid egg bucket. Drip trays shall be
emptied at least once for each 15 dozen eggs or every 15 minutes.
(l) Edible leakers as defined in Sec. 590.510(c)(2) and checks which
are liable to be smashed in the breaking operation shall be broken at a
separate station by specially trained personnel.
(m) Ingredients and additives used in, or for, processing egg
products, shall be handled in a clean and sanitary manner.
(n) Liquid egg containers shall not pass through the candling room.
(o) Test kits shall be provided and used to determine the strength
of the sanitizing solution. (See Secs. 590.515(a)(9) and 590.552.)
(p) Leaker trays shall be washed and sanitized whenever they become
soiled and at the end of each shift.
(q) Shell egg containers whenever dirty shall be cleaned and
drained; and shall be cleaned, sanitized, and drained at the end of each
shift.
(r) Belt-type shell egg conveyors shall be cleaned and sanitized
approximately every 4 hours in addition to continuous cleaning during
operation. When not in use, belts shall be raised to permit air drying.
(s) Cups, knives, racks, separators, trays, spoons, liquid egg
pails, and other breaking equipment, except for mechanical egg breaking
equipment, shall be cleaned and sanitized at least every 2\1/2\ hours.
This equipment shall be cleaned at the end of each shift and shall be
clean and sanitized immediately prior to use.
(t) Utensils and dismantled equipment shall be drained and air dried
on approved self-draining metal racks and shall not be nested.
(u) Dump tanks, drawoff tanks, and churns shall be cleaned
approximately every 4 hours. All such equipment and all other liquid
handling equipment, unless cleaned by acceptable cleaned in-place
methods, shall be dismantled and cleaned after each shift.
Pasteurization equipment shall be cleaned at the end of each day's use
or more often if necessary. All such equipment shall be clean and shall
be sanitized prior to placing in use.
(v) Strainers, clarifiers, filtering and other devices used for
removal of shell particles and other foreign material
[[Page 688]]
shall be cleaned and sanitized each time it is necessary to change such
equipment, but at least once each 4 hours of operation.
(w) Breaking room processing equipment shall not be stored on the
floor.
(x) Metal containers and lids for other than dried products shall be
thoroughly washed, rinsed, sanitized, and drained immediately prior to
filling. The foregoing sequence shall not be required if equally
effective measures approved by the National Supervisor in writing are
followed to assure clean and sanitary containers at the time of filling.
(y) Liquid egg holding vats and containers (including tank trucks)
used for transporting liquid eggs shall be cleaned after each use. Such
equipment shall be clean and sanitized immediately prior to placing in
use.
(z) Tables, shell conveyors, and containers for inedible egg product
shall be cleaned at the end of each shift.
(aa) Mechanical egg breaking machines shall be operated at a rate to
maintain complete control and accurately inspect and segregate each egg
to insure the removal of all loss and inedible eggs. The machine shall
be operated in a sanitary manner.
(1) When an inedible egg is encountered on mechanical egg breaking
equipment, the inedible egg and contaminated liquid shall be removed.
The machine shall be cleaned and sanitized, or contaminated parts
replaced with clean ones in the manner prescribed by the Administrator
for the type of inedible egg encountered and the kind of egg breaking
machine.
(2) Systems for pumping egg liquid directly from egg breaking
machines shall be of approved sanitary design and construction, and
designed to minimize the entrance of shells into the system and be
disconnected when inedible eggs are encountered. The pipelines of the
pumping system shall be cleaned or flushed as often as needed to
maintain them in a sanitary condition, and they shall be cleaned and
sanitized at the end of each shift. Other pumping system equipment shall
be cleaned and sanitized approximately every 4 hours or as often as
needed to maintain it in a sanitary condition. All liquid egg pumped
directly from egg breaking machines shall be reexamined, except as
otherwise prescribed and approved by the Administrator.
(3) Mechanical egg breaking equipment shall be clean and sanitized
prior to use, and during operations the machines shall be cleaned and
sanitized approximately every 4 hours or more often if needed to
maintain them in a sanitary condition. This equipment shall be cleaned
at the end of each shift.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6659, Apr. 1, 1972; 40 FR
20059, May 8, 1975; 40 FR 20941, May 14, 1975. Redesignated at 42 FR
32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31,
1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.530]
[Page 688-689]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.530 Liquid egg cooling.
(a) Liquid egg storage rooms, including surface coolers and holding
tank rooms, shall be kept clean and free from objectionable odors and
condensation. Surface coolers and liquid holding vats containing product
shall be kept covered while in use. Liquid cooling units shall be of
approved construction and have sufficient capacity to cool all liquid
eggs to the temperature requirements specified in this section.
(b) Compliance with temperature requirements applying to liquid eggs
shall be considered as satisfactory only if the entire mass of the
liquid meets the requirements.
(c) The cooling and temperature requirements for liquid egg products
shall be as specified in Table I of this section.
Table I--Minimum Cooling and Temperature Requirements for Liquid Egg Products
[Unpasterurized product temperature within 2 hours from time of breaking]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Liquid (other than
Liquid (other than salt product) to be Temperature within 2 Temperature within 3
Product salt product) to be held in excess of 8 Liquid salt product hours after hours after
held 8 hours or less hours pasteurization stabilization
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whites (not to be stabilized)...... 55 deg.F. or lower... 45 deg.F. or lower... ..................... 45 deg.F. or lower..
Whites (to be stabilized).......... 70 deg.F. or lower... 55 deg.F. or lower... ..................... 55 deg.F. or lower.. (\1\)
[[Page 689]]
All other product (except product 45 deg.F. or lower... 40 deg.F. or lower... ..................... If to be held 8 hours If to be held 8 hours
with 10 percent or more salt or less 45 deg.F. or less, 45 deg.F.
added). or lower. If to be or lower. If to be
held in excess of 8 held in excess of 8
hours, 40 deg.F. or hours, 40 deg.F. or
lower. lower.
Liquid egg product with 10 percent ...................... ...................... If to be held 30 65 deg.F. or
or more salt added. hours or less, 65 lower\2\.
deg.F. or lower. If
to be held in excess
of 30 hours, 45
deg.F. or lower.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Stabilized liquid whites shall be dried as soon as possible after removal of glucose. The storage of stabilized liquid whites shall be limited to
that necessary to provide a continuous operation.
\2\ The cooling process shall be continued to assure that any salt product to be held in excess of 24 hours is cooled and maintained at 45 deg.F. or
lower.
(d) Upon written request and under such conditions as may be
prescribed by the National Supervisor, liquid cooling and holding
temperatures not otherwise provided for in this section may be approved.
(e) Agitators shall be operated in such a manner as will minimize
foaming.
(f) When ice is used as an emergency refrigerant by being placed
directly into the egg meat, the source of the ice must be certified by
the local or State board of health. Such liquid shall be dried. All ice
shall be handled in a sanitary manner.
(g) Previously frozen egg or egg product cannot be added to liquid
product for the purpose of complying with liquid cooling requirements.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 745, Jan. 7, 1982; 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.532]
[Page 689]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.532 Liquid egg holding.
(a) Tanks and vats used for holding liquid eggs shall be of approved
construction, fitted with covers, and located in rooms maintained in a
sanitary condition. Notwithstanding the foregoing, tanks designed for
installation partially outside of a room or building are acceptable,
providing all openings into the tanks terminate in the processing room.
(b) Liquid egg holding tanks or vats shall be equipped with suitable
thermometers and agitators.
(c) Inlets to holding tanks or vats shall be such as to prevent
excessive foaming.
(d) Gaskets, if used, shall be of a sanitary type.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 45 FR 23641, Apr. 8, 1980. Redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.534]
[Page 689]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.534 Freezing facilities.
(a) Freezing rooms, either on or off the premises, shall be capable
of freezing all liquid egg products in accordance with the freezing
requirements as set forth in Sec. 590.536. Use of off-premise freezing
facilities is permitted only when prior approval in writing from the
National Supervisor is on file.
(b) Adequate air circulation shall be provided in all freezing
rooms.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.536]
[Page 689-690]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.536 Freezing operations.
(a) Freezing rooms shall be kept clean and free from objectionable
odors.
[[Page 690]]
(b) Requirements. (1) Nonpasteurized egg products which are to be
frozen shall be solidly frozen or reduced to a temperature of 10 deg.F
or lower within 60 hours from time of breaking.
(2) Pasteurized egg products which are to be frozen shall be solidly
frozen or reduced to a temperature of 10 deg.F or lower within 60 hours
from time of pasteurization.
(3) The temperature of the products not solidly frozen shall be
taken at the center of the container to determine compliance with this
section.
(c) Containers shall be stacked so as to permit circulation of air
around the containers.
(d) The outside of liquid egg containers shall be clean and free
from evidence of liquid egg.
(e) Frozen egg products shall be examined by organoleptic
examination after freezing to determine their fitness for human food.
Any such products which are found to be unfit for human food shall be
denatured and any official identification mark which appears on any
container thereof shall be removed or completely obliterated and the
containers identified as required in Secs. 590.840 and 590.860.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.538]
[Page 690]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.538 Defrosting facilities.
(a) Approved metal defrosting tanks or vats constructed so as to
permit ready and thorough cleaning shall be provided.
(b) Frozen egg crushers, when used, shall be of approved metal
construction. The crushers shall permit ready and thorough cleaning and
the bearings and housing shall be fabricated in such a manner as to
prevent contamination of the egg products.
(c) Service tables shall be of approved metal construction without
open seams and the surfaces shall be smooth to allow thorough cleaning.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.539]
[Page 690]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.539 Defrosting operations.
(a) Frozen egg products which are to be defrosted shall be defrosted
in a sanitary manner.
(b) Each container of frozen eggs shall be checked for condition and
odor just prior to being emptied into the crusher or receiving tank.
Frozen eggs which have objectionable odors and are unfit for human food
(e.g., sour, musty, fermented, or decomposed odors) shall be denatured.
(c) Frozen whites to be used in the production of dried albumen may
be defrosted at room temperature. All other whites shall be defrosted in
accordance with paragraph (d) of this section.
(d) Frozen whole eggs, whites and yolks, and yolks may be tempered
or partially defrosted for not to exceed 48 hours at a room temperature
no higher than 40 deg.F. or not to exceed 24 hours at a room
temperature above 40 deg.F.: Provided, That no portion of the defrosted
liquid shall exceed 50 deg.F. while in or out of the container.
(1) Frozen eggs packed in metal or plastic containers may be placed
in running tap water (70 F deg. or lower) without submersion to speed
defrosting.
(2) The defrosted liquid shall be held at 40 deg.F. or less, except
for product to be pasteurized or stabilized by glucose removal as
provided in Sec. 590.530. Defrosted liquid shall not be held more than
16 hours prior to processing or drying.
(e) Sanitary methods shall be used in handling containers and
removing egg product.
(f) Crushers and other equipment used in defrosting operations shall
be dismantled at the end of each shift and shall be washed, rinsed, and
sanitized.
(1) Where crushers are used intermittently, they shall be flushed
after each use and again before being placed in use.
(2) Floors and work tables shall be kept clean.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 49170, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.540]
[Page 690-691]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.540 Spray process drying facilities.
(a) Driers shall be of a continuous discharge type and so
constructed and equipped to prevent an excess accumulation of powder in
the drier, bags, and powder conveyors.
(b) Driers shall be of approved construction and materials, with
welded seams, and the surfaces shall be smooth to allow for thorough
cleaning.
[[Page 691]]
(c) Driers shall be equipped with approved air intake filters.
(d) Air shall be drawn into the drier from sources free from foul
odors, dust, and dirt.
(e) Indirect heat or the use of an approved premixing device or
other approved devices for securing complete combustion in direct-fired
units is required. A premix-type burner, if used, shall be equipped with
approved air filters at blower intake.
(f) High-pressure pump heads and lines shall be of stainless steel
construction or equivalent which will allow for thorough cleaning.
(g) Preheating units, if used, shall be of stainless steel
construction, or equivalent which will allow thorough cleaning.
(h) Powder conveying equipment shall be so constructed as will
facilitate thorough cleaning.
(i) Sifters shall be constructed of an approved metal or metal lined
interior. The sifting screens and frames shall be of an approved metal
construction. Sifters shall be so constructed that accumulations of
large particles or lumps of dried eggs can be removed continuously while
the sifters are in operation.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.542]
[Page 691]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.542 Spray process drying operations.
(a) The drying room shall be kept in a clean condition and free of
flies, insects, and rodents.
(b) Low-pressure lines, high-pressure lines, high- and low-pressure
pumps, homogenizers, and pasteurizers shall be cleaned by acceptable
inplace cleaning methods or dismantled and cleaned after use or as
necessary when operations have been interrupted.
(1) Spray nozzles, orifices, cores, or whizzers shall be cleaned
immediately after cessation of drying operations.
(2) Equipment shall be sanitized within 2 hours prior to resuming
operations.
(c) Drying units, conveyors, sifters, and packaging systems shall be
cleaned whenever wet powder is encountered or when other conditions
occur which would adversely affect the product. The complete drying
unit, including sifters, conveyors, and powder coolers shall be either
wet washed or dry cleaned. A combination of wet washing and dry cleaning
of the complete drying unit shall not be permitted unless that segment
of the unit to be cleaned in a different manner is completely detached
or disconnected from the balance of the drying unit.
(1) Sifters and conveyors used for other than dried albumen shall be
cleared of powder when such equipment is not to be used for a period of
24 hours or longer.
(2) Collector bags shall be cleaned as often as needed to maintain
them in an acceptable clean condition.
(d) Powder shall be sifted and the screen shall be replaced whenever
torn or worn.
(e) Accumulations of large particles or lumps of dried eggs shall be
removed from the sifter screens continuously.
(f) All openings into the drier around ports, augers, high-pressure
lines, etc., shall be closed to the extent possible during the drying
operation to prevent entrance of nonfiltered air.
(g) Openings into the drying unit shall be closed when the drier is
not in use, except when the drying unit has been completely emptied of
powder and wet washed. This includes, but is not limited to, openings,
for the air intake and exhaust systems, nozzle openings, ports, augers,
etc.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.544]
[Page 691-692]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.544 Spray process powder; definitions and requirements.
(a) Definition of product:
(1) Primary powder is that powder which is continuously removed from
the primary or main drying chamber while the drying unit is in
operation.
(2) Secondary powder is that powder which is continuously and
automatically removed from the secondary chamber and/or bag collector
chamber while the drying unit is in operation.
(3) Sweep-down powder is that powder which is recovered in the
brush-down process from the primary or secondary chamber and conveyors.
(4) Brush bag powder is that powder which is brushed from the
collector bags.
(b) Secondary powder shall be continuously discharged and mixed with
[[Page 692]]
the primary powder by methods approved by the Administrator.
(c) Edible dried egg products, including edible ingredients which
may be added to such dried products, may be dry-blended: Provided, That
the blending is done in a room as provided in Sec. 590.548 or in a
closed blending system and in accordance with clean, sanitary practices
and such procedures as may be prescribed by the Administrator.
(d) Any edible dried egg powder may be reconstituted, repasteurized,
and redried when accomplished in a clean, sanitary manner and in
accordance with such procedures as may be prescribed by the
Administrator.
(e) Edible dried egg powder obtained from the sweep down,
screenings, brush bag (except for brush bag powder from albumen driers),
and improperly dried or scorched powder shall be reconstituted,
repasteurized, and redried.
(f) Approximately the first and last 175 pounds of powder from the
main driers for each continuous operation shall be checked for
improperly dried or scorched powder.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.546]
[Page 692]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.546 Albumen flake process drying facilities.
(a) Drying facilities shall be constructed in such a manner as will
allow thorough cleaning and be equipped with approved intake filters.
(b) The intake air source shall be free from foul odors, dust, and
dirt.
(c) Premix-type burners, if used, shall be equipped with approved
air filters at blower intake.
(d) Fermentation tanks, drying pans, trays or belts, scrapers,
curing racks, and equipment used for pulverizing pan dried albumen shall
be constructed of approved materials in such a manner as will permit
thorough cleaning.
(e) Sifting screens shall be constructed of approved materials in
such a manner as will permit thorough cleaning and be in accordance with
the specification for the type of albumen produced.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.547]
[Page 692]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.547 Albumen flake process drying operations.
(a) The fermentation, drying, and curing rooms shall be kept in a
dust-free clean condition and free of flies, insects, and rodents.
(b) Drying units, racks, and trucks shall be kept in a clean and
sanitary condition.
(c) Drying pans, trays, belts, scrapers, or curing racks, if used,
shall be kept in a clean condition.
(d) Oils and waxes used in oiling drying pans or trays shall be of
edible quality.
(e) Equipment used for pulverizing or sifting dried albumen shall be
kept in a clean condition.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.548]
[Page 692-693]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.548 Drying, blending, packaging, and heat treatment rooms and facilities.
(a) General. Processing rooms shall be maintained in a clean
condition and free of flies, insects, and rodents. The drying, blending,
and packaging rooms shall be well-lighted and have ceilings and walls of
a tile surface, enamel paint, or other water-resistant material.
(1) The floors shall be free from cracks or rough surfaces where
water or dirt could accumulate.
(2) The intersections of the walls and floors shall be impervious to
water and the floor shall be sloped for adequate drainage.
(3) Metal storage racks or cabinets shall be provided for storing of
tools and accessories.
(b) Dry blending of edible egg products, including adding edible dry
ingredients, and/or packaging of spray-dried products shall be done in a
room separate from other processing operations. Dry blending may also be
done in other areas: Provided, That it is accomplished in an approved
closed blending system.
(1) Blending and packaging rooms for pasteurized products shall be
provided with an adequate positive flow of approved outside filtered
air.
(2) Blending and packaging equipment and accessories which come into
contact with the dried product shall be of an approved construction
without open seams and of materials that can be kept clean and which
will have no deleterious effect on the product. Service tables shall be
of approved metal construction without open seams and surfaces shall be
smooth to permit thorough cleaning.
(3) Package liners shall be inserted in a sanitary manner, and
equipment and
[[Page 693]]
supplies used in the operation shall be kept off the floor.
(4) Utensils used in packaging dried eggs shall be kept clean at all
times and whenever contaminated shall be cleaned and sanitized. When not
in use, scoops, brushes, tampers, and other similar equipment shall be
stored in sanitary cabinets or racks provided for this purpose.
(5) Automatic container fillers shall be of a type that will
accurately fill given quantities of product into the containers. Scales
shall be provided to accurately check the weight of the filled
containers. All equipment used in mechanically packaging dried egg
products shall be vacuum cleaned daily.
(c) The heat treatment room shall be of an approved construction and
be maintained in a clean condition. The room or rooms shall be of
sufficient size so that product to be heat treated can be so spaced to
assure adequate heat and air circulation. The room shall have an
adequate heat supply and a continuous air circulation system.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.549]
[Page 693]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.549 Dried egg storage.
Dried egg storage shall be sufficient to adequately handle the
production of the plant and shall be kept clean, dry, and free from
objectionable odors.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.550]
[Page 693]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.550 Washing and sanitizing room or area facilities.
(a) This room or area shall be well lighted, and of sufficient size
to permit operators to properly wash and sanitize all equipment at the
rate required by the size of the operation. Adequate exhaust shall be
provided to assure the prompt removal of odors and vapors and the air
flow shall be away from the breaking room. If the washing and sanitizing
is not done in a separate room, it shall be in an area well segregated
from the breaking areas and be well ventilated with air movement
directed away from the breaking operations so that odors and vapors do
not permeate the breaking areas.
(b) Ceiling and walls shall have a surface of tile, enamel paint, or
other water-resistant material.
(c) Floors shall be adequately sloped for proper drainage, be free
from cracks or rough surfaces where water and dirt could accumulate and
the intersections with walls shall be impervious to water.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.552]
[Page 693-694]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.552 Cleaning and sanitizing requirements.
(a) Cleaning. (1) Equipment used in egg processing operations which
comes in contact with liquid eggs or exposed edible products shall be
cleaned to eliminate organic matter and inorganic residues. This may be
accomplished by any sanitary means but it is preferable (unless high
pressure cleaning is used) to flush soiled equipment with clean cool
water, dismantle it when possible, wash by brushing with warm water
containing a detergent and followed by rinsing with water. It is
essential to have the equipment surfaces thoroughly clean if effective
sanitizing is to be attained.
(2) Equipment shall be cleaned with such frequency as is specified
elsewhere under the sanitary requirements for the particular kind of
operation and type of equipment involved.
(3) C.I.P. (cleaned-in-place) shall be considered to be acceptable
only if the methods and procedures used accomplish cleaning equivalent
to that obtained by thorough manual washing and sanitizing of dismantled
equipment. The Administrator shall determine the acceptability of C.I.P.
cleaning procedures and may require bacteriological tests and periodic
dismantling of equipment as a basis for such determination.
(b) Sanitizing. (1) Sanitizing shall be accomplished by such methods
as approved by the Administrator.
(i) Chemicals and compounds used for sanitizing shall have approval
by the Administrator prior to use.
(ii) Sanitizing by use of hypochlorites or other approved sanitizing
solutions shall be accomplished by subjecting the equipment surfaces to
such sanitizing solution containing a maximum strength of 200 p.p.m. of
available chlorine or its equivalent. These solutions shall be changed
whenever the strength drops to 100 p.p.m. or less of available chlorine
or its equivalent.
(2) Shell eggs which have been sanitized and equipment which comes
in contact with edible products shall be rinsed with clean water after
sanitizing
[[Page 694]]
if other than hypochlorites are used as sanitizing agents unless
otherwise approved by the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.560]
[Page 694]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.560 Health and hygiene of personnel.
(a) Personnel facilities, including toilets, lavatories, lockers,
and dressing rooms shall be adequate and meet State and local
requirements for food processing plants.
(b) Toilets and dressing rooms shall be kept clean and adequately
ventilated to eliminate odors and kept adequately supplied with soap,
towels, and tissues. Toilet rooms shall be ventilated to the outside of
the building.
(c) No person affected with any communicable disease in a
transmissible stage or a carrier of such disease, or with boils, sores,
infected wounds, or wearing cloth bandages on hands shall be permitted
to come in contact with eggs in any form or with equipment used to
process such eggs.
(d) Workers coming into contact with liquid or dried eggs,
containers, or equipment shall wear clean outer uniforms.
(e) Plant personnel handling exposed edible product shall wash their
hands before beginning work, and upon returning to work after leaving
the work room.
(f) Expectorating, or other unsanitary practices, shall not be
permitted.
(g) Use of tobacco in any form or the wearing of jewelry, nail
polish, or perfumes shall not be permitted in any area where edible
products are exposed.
(h) Hair nets or caps shall be properly worn by all persons in
breaking and packaging rooms.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.570]
[Page 694]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.570 Pasteurization of liquid eggs.
(a) Pasteurization facilities: The facilities for pasteurization of
egg products shall be adequate and of approved construction so that all
products will be processed as provided for in this section.
Pasteurization equipment for liquid egg product shall include a holding
tube, an automatic flow diversion valve, thermal controls, and recording
devices to determine compliance for pasteurization as set forth in
paragraph (b) of this section. The temperature of the heated liquid egg
product shall be continuously and automatically recorded during the
process.
(b) Pasteurizing operations: Every particle of all products must be
rapidly heated to the required temperature and held at that temperature
for the required minimum holding time as set forth in this section. The
temperatures and holding times listed in Table I of this section are
minimum. The product may be heated to higher temperatures and held for
longer periods of time. Pasteurization procedures shall assure complete
pasteurization, and holding, packaging, facilities and operations shall
be such as to prevent contamination of the product.
Table I--Pasteurization Requirements \1\
------------------------------------------------------------------------
Minimum Minimum
temperature holding time
Liquid egg product requirements requirements
( deg.F.) (Minutes)
------------------------------------------------------------------------
Albumen (without use of chemicals).......... 134 3.5
132 6.2
Whole egg................................... 140 3.5
Whole egg blends (less than 2 percent added 142 3.5
nonegg ingredients)........................
140 6.2
Fortified whole egg and blends (24-38 144 3.5
percent egg solids, 2-12 percent added
nonegg ingredients)........................
142 6.2
Salt whole egg (with 2 percent or more salt 146 3.5
added).....................................
144 6.2
Sugar whole egg (2-12 percent sugar added).. 142 3.5
140 6.2
Plain yolk.................................. 142 3.5
140 6.2
Sugar yolk (2 percent or more sugar added).. 146 3.5
144 6.2
Salt yolk (2-12 percent salt added)......... 146 3.5
144 6.2
------------------------------------------------------------------------
\1\ Pasteurization of egg products not listed in this table shall be in
accordance with paragraph (c) of this section.
(c) Other methods of pasteurization may be approved by the
Administrator when such treatments give equivalent effects to those
specified in paragraph (b) of this section for those products or other
products and results in a salmonella negative product.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.575]
[Page 694-695]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.575 Heat treatment of dried whites.
Heat treatment of dried whites is an approved method for
pasteurization and the product shall be heated throughout for such times
and at such
[[Page 695]]
temperatures as will result in salmonella negative product.
(a) The product to be heat treated shall be held in the heat
treatment room in closed containers and shall be spaced to assure
adequate heat penetration and air circulation. Each container shall be
identified as to type of product (spray or pan dried) and with the lot
number or production code number.
(b) The minimum requirements for heat treatment of spray or pan
dried albumen shall be as follows:
(1) Spray dried albumen shall be heated throughout to a temperature
not less than 130 deg.F and held continuously at such temperature not
less than 7 days and until it is salmonella negative.
(2) Pan dried albumen shall be heated throughout to a temperature of
not less than 125 deg.F and held continuously at such temperature not
less than 5 days and until it is salmonella negative.
(3) Methods of heat treatment of spray dried or pan dried albumen,
other than listed in paragraphs (b) (1) and (2) of this section, may be
approved by the Administrator upon receipt of satisfactory evidence that
such methods will result in salmonella negative products.
(c) Dried whites which have been heat treated in the dried form
shall be sampled and analyzed for the presence of Salmonellae as
required in Sec. 590.580.
(d) Records shall be maintained for 1 year of the following:
(1) Types of product;
(2) Lot number;
(3) Heat treatment room temperatures;
(4) Product temperatures;
(5) Length of time product is held in heat treatment room;
(6) Results of all laboratory analyses made for the presence of
Salmonellae.
(e) Dried whites processed and tested in accordance with all of the
applicable requirements specified in this section may be labeled
"Pasteurized."
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 745, Jan. 7, 1982; 60 FR 49169, Sept. 21, 1995; 60 FR 58199, Nov. 27,
1995]
Laboratory
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.580]
[Page 695]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.580 Laboratory tests and analyses.
The official plant, at their expense, shall make tests and analyses
to determine compliance with the Act and the regulations.
(a) Samples shall be drawn from liquid, frozen or dried egg products
and analyzed for compliance with the standards of identity (if any) and
with the product label.
(b) To assure adequate pasteurization, pasteurized egg products and
heat treated dried egg whites shall be sampled and analyzed for the
presence of Salmonellae in accordance with such sequence, frequency, and
approved laboratory methods as prescribed by the AMS Science Division
Director. The samples of pasteurized egg products and heat treated dried
egg whites shall be drawn from the final packaged form.
(c) Results of all analyses and tests performed under paragraphs (a)
and (b) of this section shall be provided to the inspector promptly upon
receipt by the plant. If samples of pasteurized products or heat treated
dried egg whites, in addition to those described in paragraphs (a) and
(b) of this section, are analyzed for the presence of Salmonella, the
plant shall immediately advise the inspector of any such samples which
are determined to be Salmonella positive.
(d) USDA will draw confirmation samples and submit them to a AMS
Science Division laboratory at USDA's expense to determine the adequacy
of the plant's tests and analyses.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 58
FR 42413, Aug. 9, 1993; 60 FR 49170, Sept. 21, 1995; 60 FR 58199, Nov.
27, 1995]
Exempted Egg Products Plants
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.600]
[Page 695-696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.600 Application for exemption.
An application for exemption from the continuous inspection
requirements must be made in writing on
[[Page 696]]
forms approved by the Administrator and filed with the inspection
service.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 745, Jan. 7, 1982]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.610]
[Page 696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.610 Criteria for exemption.
Any plant processing egg products may qualify for exemption where:
(a) The facility, operating procedures and practices, and sanitation
meet the standards required for official egg products plants as are
contained in Secs. 590.500 through 590.580, and such exempted plants
shall thereafter be subject to other provisions applicable to official
plants which shall include maintaining records such as pasteurization
temperatures and holding times, laboratory records, egg products testing
procedures, and making all such records available for review.
(b) The eggs received or used in the manufacture of egg products
contain no more restricted eggs than are allowed by the official
standards for U.S. Consumer Grade B shell eggs.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 745, Jan. 7, 1982]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.620]
[Page 696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.620 Authority of applicant.
Proof of authority of any person applying for exemption from
continuous inspection may be required by the Administrator.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.630]
[Page 696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.630 Filing of application.
An application for exemption shall be regarded as filed only when it
has been filled in completely and signed by the applicant and has been
received in the office of the inspection service.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.640]
[Page 696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.640 Application for exemption; approval.
Any person desiring to process egg products pursuant to the
exemption provision of the Act and these regulations must receive
approval of such plant, facilities, and operating procedures as an
exempted plant. An application for exemption shall be according to the
following:
(a) Initial survey. When an application for exemption of a plant has
been filed, a Supervisory Egg Products Inspector will make a survey and
inspection of the premises and plant to determine if the facilities,
methods of operation, and eggs received or used therein are suitable and
adequate in accordance with:
(1) Section 590.610; and
(2) Such other administrative instructions as may be issued, from
time to time, by the Service and which are in effect at the time of the
aforesaid survey and inspection.
(b) Final survey and exemption approval. Upon notification by the
applicant for exemption that all the criteria for exemption required in
Sec. 590.610 are in effect and an initial survey has been performed, the
applicant shall:
(1) Submit drawings and specifications in accordance with the same
requirements as official plants as specified in Sec. 590.146(b);
(2) Submit labels for approval as specified in Sec. 590.680;
(3) Request a final survey be made by a Supervisory Egg Products
Inspector to determine if the plant is constructed and the facilities
are installed in accordance with the approved drawings and these
regulations.
(c) The plant will be approved for exemption only when all the
requirements of this section have been met.
[36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971. Redesignated at 42
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.650]
[Page 696]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.650 Exempted plant registration number.
Each plant processing egg products which receives the
Administrator's approval for exemption shall be assigned an "Exempted
Registration Number" at the time the exemption approval is provided.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.660]
[Page 696-697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.660 Inspection of exempted plants.
Duly authorized representatives of the Administrator shall make such
periodic inspections of exempted plants and records thereof as the
Administrator may require to ascertain if any of the provisions of the
Act or these regulations applicable to exempted plants have been
violated. Such representatives shall be afforded access, at any
reasonable time, to any plant or
[[Page 697]]
place of business subject to inspection under the provisions of the Act.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.670]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.670 Termination of exemption.
The Administrator may suspend or terminate any exemption if the
criteria for exemption required in Sec. 590.610 are not being met. In
addition, if any violation has been committed, the applicable penalties
provided in this part may be enforced as provided in the Act.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.680]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.680 Approval of labeling for egg products processed in exempted egg products processing plants.
(a) The labels for egg products which are capable for use as human
food shall be submitted to the Administrator for approval. The
submission and approval shall be the same as for official plants as
required in Sec. 590.411 except the labels or containers shall not bear
official identification.
(b) The label or container shall legibly and conspicuously bear the
statement: "Exempted--E.P.I.A. Registration No. ------." The
registration number shall be that assigned to the exempted plant as
provided in Sec. 590.650.
Identification of Restricted Eggs or Egg Products Not Intended for Human
Consumption
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.800]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.800 Identification of restricted eggs.
The shipping container of restricted eggs shall be determined to be
satisfactorily identified if such container bears the packer's name and
address, the quality of the eggs in the container (e.g., dirties,
checks, inedibles, or loss), or the statement "Restricted Eggs--For
Processing Only In An Official USDA Egg Products Plant," for checks or
dirties, or "Restricted Eggs--Not To Be Used As Human Food," for
inedibles, loss, and incubator rejects, or "Restricted Eggs--To Be
Regraded" for graded eggs which contain more restricted eggs than are
allowed in the official standards for U.S. Consumer Grade B shell eggs.
The size of the letters of the identification wording shall be as
required in Sec. 590.860.
[40 FR 20060, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49171, Sept. 21, 1995; 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.840]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.840 Identification of inedible, unwholesome, or adulterated egg products.
All inedible, unwholesome, or adulterated egg products shall be
identified with the name and address of the processor, the words
"Inedible Egg Products--Not To Be Used as Human Food."
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.860]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.860 Identification wording.
The letters of the identification wording shall be legible and
conspicuous.
[37 FR 6659, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Imports
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.900]
[Page 697]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.900 Requirements for importation of egg products or restricted eggs into the United States.
(a) Egg products and restricted eggs may be imported into the United
States from any foreign country only in accordance with these
regulations. The term United States means any State of the United
States, the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, and the District of Columbia. The importation of any egg
or egg product in violation of the regulations of this part is
prohibited.
(b) All such imported articles shall upon entry into the United
States be deemed and treated as domestic articles and be subject to the
other provisions of the Act, these regulations, and other Federal or
State requirements.
[[Page 698]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.905]
[Page 698]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.905 Importation of restricted eggs or eggs containing more restricted eggs than permitted in the official standards for U.S. Consumer Grade B.
No containers of restricted egg(s) other than checks or dirties
shall be imported into the United States. The shipping containers of
such eggs shall be identified with the name, address, and country of
origin of the exporter, and the date of pack and quality of the eggs
(e.g., checks, or dirties) preceded by the word "Imported" or the
statement "Imported Restricted Eggs--For Processing Only In An Official
USDA Plant," or "Restricted Eggs--Not To Be Used As Human Food." Such
identification shall be legible and conspicuous. Alternatively, for
properly sealed and certified shipments of shell eggs imported for
breaking at an official egg products plant, the shipping containers need
not be labeled, provided that the shipment is segregated and controlled
upon arrival at the destination breaking plant.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6659, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49171, Sept. 21, 1995;
63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.910]
[Page 698]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.910 Eligibility of foreign countries for importation of egg products into the United States.
(a) Whenever it is determined by the Administrator that the system
of egg products inspection maintained by any foreign country is such
that the egg products produced in such country are processed, labeled,
and packaged in accordance with, and otherwise comply with, the
standards of the Act and these regulations including, but not limited to
the same sanitary, processing, facility requirements, and continuous
Government inspection as required in Secs. 590.500 through 590.580
applicable to inspected articles produced within the United States,
notice of that fact will be given by listing the name of such foreign
country in paragraph (b) of this section. Thereafter, egg products from
the countries so listed shall be eligible, subject to the provisions of
this part and other applicable laws and regulations, for importation
into the United States. Such products to be imported into the United
States from these foreign countries must meet, to the extent applicable,
the same standards and requirements that apply to comparable domestic
products as set forth in these regulations. Egg products from foreign
countries not listed herein are not eligible for importation into the
United States, except as provided by Sec. 590.960. In determining if the
inspection system of a foreign country is the equivalent of the system
maintained by the United States, the Administrator shall review the
inspection regulations of the foreign country and make a survey to
determine the manner in which the inspection system is administered
within the foreign country. The survey of the foreign inspection system
may be expedited by payment by the interested Government agency in the
foreign country of the travel expenses incurred in making the survey.
After approval of the inspection system of a foreign country, the
Administrator may, as often and to the extent deemed necessary,
authorize representatives of the Department to review the system to
determine that it is maintained in such a manner as to be the equivalent
of the system maintained by the United States.
(b) It has been determined that each of the following foreign
countries maintain an egg products inspection system that is the
equivalent of the system maintained by the United States: Canada, The
Netherlands.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 42 FR 48327, Sept. 23, 1977. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 52 FR 42426, Nov. 5, 1987]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.915]
[Page 698-699]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.915 Foreign inspection certification required.
(a) Except as provided in Sec. 590.960, each consignment of egg
products, as defined in this part, shall be accompanied by a foreign egg
products inspection certificate, which, unless otherwise approved by the
Administrator, contains the following information:
(1) Country exporting product;
(2) City and date where issued;
(3) Kind of product, number of containers, and weight;
[[Page 699]]
(4) Production date(s) of product;
(5) Identification marks on containers;
(6) Name and address of exporter;
(7) Name, address, and plant number of processing plant;
(8) Name and address of importer;
(9) A certification that the egg products were produced under the
approved regulations, requirements, and continuous Government inspection
of the exporting country and;
(10) Name (including signature) and official title of person
authorized to issue inspection certificates for egg products exported to
the United States.
(b) [Reserved]
[36 FR 9814, May 28, 1971, as amended at 37 FR 6659, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49171, Sept. 21, 1995;
63 FR 45675, Aug. 27, 1998; 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.920]
[Page 699]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.920 Importer to make application for inspection of imported eggs and egg products.
Each person importing any eggs or egg products shall make
application for inspection to the Chief, Poultry Grading Branch, Poultry
Division, Agricultural Marketing Service, U.S. Department of
Agriculture, Washington, DC 20250, or to the Poultry Division, Poultry
Grading Branch office at the port where the product is to be offered for
importation. Application shall be made as long as possible prior to the
arrival of each consignment of product, except in the case of product
exempted from inspection by Sec. 590.960. Each application shall state
the approximate date of product arrival in the United States, the name
of the ship or other carrier, the country from which the product was
shipped, the destination, the quantity and class of product, whether
fresh, frozen, or dried, and the point of first arrival in the United
States.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421,
Dec. 3, 1982; 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.925]
[Page 699]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.925 Inspection of imported egg products.
(a) Except as provided in Sec. 590.960, egg products offered for
importation from any foreign country shall be subject to inspection in
accordance with established inspection procedures, including the
examination of the labeling information on the containers, by an
inspector before the product shall be admitted into the United States.
Importers will be advised of the point where inspection will be made,
and in case of small shipments (less than carload lots), the importer
may be required to move the product to the location of the nearest
inspector.
(b) Inspectors may take samples, without cost to the United States,
of any product offered for importation which is subject to analysis or
quality determination, except that samples shall not be taken of any
products offered for importation under Sec. 590.960, unless there is
reason for suspecting the presence therein of a substance in violation
of that section.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.930]
[Page 699-700]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.930 Imported egg products; retention in customs custody; delivery under bond; movement prior to inspection; sealing; handling; facilities, and
assistance.
(a) No egg products required by this part to be inspected shall be
released from customs custody prior to required inspections, but such
product may be delivered to the consignee, or his agent, prior to
inspection if the consignee shall furnish a bond, in the form prescribed
by the Secretary of the Treasury, conditioned that the product shall be
returned, if demanded, to the collector of the port where the same is
offered for clearance through customs.
(b) Notwithstanding paragraph (a) of this section, no product
required by this part to be inspected shall be moved prior to inspection
from the port of arrival where first unloaded, and if arriving by water
from the wharf where first unloaded at such port, to any place other
than the place designated in accordance with this part as the place
where the same shall be inspected; and no product shall be conveyed in
any manner other than in compliance with this part.
[[Page 700]]
(c) Means of conveyance or packages in which any product is moved in
accordance with this part, prior to inspection, from the port or wharf
where first unloaded in the United States, shall be sealed with special
import seals of the U.S. Department of Agriculture or otherwise
identified as provided herein, unless already sealed with customs or
consular seals in accordance with the customs regulations. Such special
seals shall be affixed by an inspector or, if there is no inspector at
such port, by a customs officer. In lieu of sealing packages, the
carrier or importer may furnish and attach to each package of product a
warning notice on bright yellow paper, not less than 5x8 inches in size,
containing the following legend in black type of a conspicuous size:
(Name of Truck Line or Carrier)
Notice
This package of ---------- must be delivered intact to an inspector
of the Poultry Division, U.S. Department of Agriculture.
Warning
Failure to comply with these instructions will result in penalty
action being taken against the holder of the customs entry bond.
If the product is found to be acceptable upon inspection, the
product may be released to the consignee, or his agent, and this warning
notice defaced.
(d) No person shall affix, break, alter, deface, mutilate, remove,
or destroy any special import seal of the U.S. Department of
Agriculture, except customs officers or inspectors, or as provided in
paragraph (f) of this section.
(e) No product shall be removed from any means of conveyance or
package sealed with a special import seal of the U.S. Department of
Agriculture, except under the supervision of an inspector or a customs
officer, or as provided in paragraph (f) of this section.
(f) In case of a wreck or similar extraordinary emergency, the
special import seal of the U.S. Department of Agriculture on a car,
truck, or other means of conveyance may be broken by the carrier and, if
necessary, the articles may be reloaded into another means of conveyance
for transportation to destination. In all such cases, the carrier shall
immediately report the facts by telegraph to the Chief of the Grading
Branch.
(g) The consignee or his agent shall provide such facilities and
assistance as the inspector may require for the inspection and handling
and marking of products offered for importation.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6660, Apr. 1, 1972; 40 FR
20060, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3,
1982; 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.935]
[Page 700]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.935 Means of conveyance and equipment used in handling egg products to be maintained in sanitary condition.
Compartments of boats, railroad cars, and other means of conveyance
transporting any product to the United States, and all chutes,
platforms, racks, tables, tools, utensils, and all other devices used in
moving and handling such product offered for importation, shall be
maintained in a sanitary condition.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.940]
[Page 700]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.940 Marking of egg products offered for importation.
Egg products which, upon inspection, are found to be acceptable for
importation into the United States, and are properly labeled and bear
the inspection mark of the country of origin, need no further
identification.
[40 FR 20060, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49171, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.945]
[Page 700-701]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.945 Foreign egg products offered for importation; reporting of findings to customs; handling of products refused entry.
(a) Inspectors shall report their findings to the collector of
customs at the port where products are offered for entry, and shall
request the collector to refuse entry to egg products which are marked
or designated "U.S. Refused Entry" or otherwise are not in compliance
with the regulations in this part. Unless such products are exported by
the consignee within a time specified by the collector of customs
(usually 30 days), the consignee shall cause the destruction of such
products for
[[Page 701]]
human food purposes under the supervision of an inspector. If products
are destroyed for human food purposes under the supervision of an
inspector, he shall give prompt notice thereof to the District Director
of Customs.
(b) Consignees shall, at their own expense, return immediately to
the collector of customs, in means of conveyance or packages sealed by
the U.S. Department of Agriculture, any egg products received by them
under this part which in any respect do not comply with this part.
(c) Except as provided in Sec. 590.930(a), no person shall remove or
cause to be removed from any place designated as the place of
inspection, any egg products which the regulations require to be marked
in any way, unless the same has been clearly and legibly marked in
compliance with this part.
[36 FR 9814, May 28, 1971, as amended at 37 FR 6660, Apr. 1, 1972.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 49171, Sept. 21, 1995;
63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.950]
[Page 701]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.950 Labeling of containers of eggs or egg products for importation.
(a) Immediate containers of product offered for importation shall
bear a label, printed in English, showing:
(1) The name of product;
(2) the name of the country of origin of the product, and for
consumer packaged products, preceded by the words "Product of," which
statement shall appear immediately under the name of the product;
(3) [Reserved]
(4) For shell eggs, the words, "Keep Refrigerated," or words of
similar meaning;
(5) for egg products, the word "Ingredients" followed by a list of
the ingredients in order of descending proportions by weight;
(6) the name and place of business of manufacturer, packer, or
distributor, qualified by a phrase which reveals the connection that
such person has with the product;
(7) an accurate statement of the quantity;
(8) for egg products, the inspection mark of the country of origin;
and
(9) The date of production and plant number of the plant at which
the egg product was processed and/or packed.
(b) For properly sealed and certified shipments of shell eggs
imported for breaking at an official egg products plant, the immediate
containers need not be labeled, provided that the shipment is segregated
and controlled upon arrival at the destination breaking plant.
(c) The labels shall not be false or misleading in any respect.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 45 FR 23641, Apr. 8, 1980. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 49171, Sept. 21, 1995; 63 FR 45675,
Aug. 27, 1998; 63 FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.955]
[Page 701]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.955 Labeling of shipping containers of eggs or egg products for importation.
(a) Shipping containers of foreign product which are shipped to the
United States shall bear in a prominent and legible manner:
(1) The common or usual name of the product;
(2) The name of the country of origin;
(3) The plant number of the plant in which the egg product was
processed and/or packed;
(4) The inspection mark of the country of origin;
(5) [Reserved]
(6) For shell eggs, the words "Keep refrigerated" or words of
similar meaning.
(b) Labeling on shipping containers examined at the time of
inspection in the United States, if found to be false or misleading,
shall be cause for the product to be refused entry.
(c) [Reserved]
(d) In the case of products which are not in compliance solely
because of misbranding, such products may be brought into compliance
with the regulations only under the supervision of an authorized
representative of the Administrator.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60
FR 49171, Sept. 21, 1995; 63 FR 45675, Aug. 27, 1998; 63 FR 69972, Dec.
17, 1998]
[[Page 702]]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.956]
[Page 702]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.956 Relabeling of imported egg products.
(a) Egg products eligible for importation may be relabeled with an
approved label under the supervision of an inspector at an official egg
products plant or other location. The new label for such product shall
indicate the country of origin except for products which are reprocessed
(repasteurized, or in the case of dried products, dry blended with
products produced in the United States) in an official egg products
plant.
(b) The label for relabeled products must state the name, address,
and zip code of the distributor, qualified by an appropriate term such
as "packed for", "distributed by" or "distributors".
[60 FR 49171, Sept. 21, 1995]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.960]
[Page 702]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.960 Small importations for consignee's personal use, display, or laboratory analysis.
Any egg products which are offered for importation, exclusively for
the consignee's personal use, display, or laboratory analysis, and not
for sale or distribution; which is sound, healthful, wholesome, and fit
for human food; and which is not adulterated and does not contain any
substance not permitted by the Act or regulations, may be admitted into
the United States without a foreign inspection certificate. Such product
is not required to be inspected upon arrival in the United States and
may be shipped to the consignee without further restriction under this
part: Provided, That the Department may, with respect to any specific
importation, require that the consignee certify that such product is
exclusively for the consignee's personal use, display, or laboratory
analysis and not for sale or distribution. The amount of such product
imported shall not exceed 30 pounds of liquid or frozen eggs, or 50
pounds of dried egg products, unless otherwise authorized by the
Administrator.
[37 FR 6660, Apr. 1, 1972. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63
FR 69972, Dec. 17, 1998]
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.965]
[Page 702]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.965 Returned U.S. inspected and marked products; not importations.
Products which have been inspected by the United States Department
of Agriculture and so marked, and which are returned from foreign
countries are not importations within the meaning of this part. Such
returned shipments shall be reported to the Administrator by letter.
[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR590.970]
[Page 702]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 590--INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
Sec. 590.970 Charges for storage, cartage, and labor with respect to products imported contrary to the Act.
All charges for storage, cartage, and labor with respect to any
product which is imported contrary to this part shall be paid by the
owner or consignee, and in default of such payment shall constitute a
lien against such product and any other product thereafter imported
under the Act by or for such owner or consignee.
[36 FR 9814, May 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46071, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
