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