4/6/2017 Introduction Guide to US Food Laws Eggs are regulated by both FDA and USDA and Regulations Eggs are also regulated at the state and federal levels SECONDEDITION Chapter 12 PatriciaA.Curtis FDA shares safety of eggs with Food Safety Egg Laws and Ispection Service (FSIS)within the USDA Regulations FDA has jurisdiction over establishments that sell or serve eggs or use them as ingredients (shell eggs) FSIS oversees the safety of liquid,frozen, and driedegg products,domestic and imported,and the safe use or disposal of WILEY Blackwell damaged and dirty eggs(egg products) History History Egg Grading Manual historical overview Egg Grading Manual historical overview Farmer Products Inspection Act of 1917 Egg Products Inspection Act of 1970 (EPIA) -original authority of establishing grades and uniformity of standards and grades grading service for voluntary use -federal standards preempt state standards states were required to amend their laws to Agricultural Marketing Act of 1946 conform to the federal laws contains the authority under which the Federal Food,Drug and Cosmetic Actof 1938 present egg grading service is performed -prevents the shipment of adulterated or misbranded foods authorizes the development of standards eggs fall under this authority
4/6/2017 1 Chapter 12 Egg Laws and Regulations Introduction • Eggs are regulated by both FDA and USDA • Eggs are also regulated at the state and federal levels • FDA shares safety of eggs with Food Safety Ispection Service (FSIS) within the USDA - FDA has jurisdiction over establishments that sell or serve eggs or use them as ingredients (shell eggs) - FSIS oversees the safety of liquid, frozen, and dried egg products, domestic and imported, and the safe use or disposal of damaged and dirty eggs (egg products) History Egg Grading Manual historical overview • Farmer Products Inspection Act of 1917 - original authority of establishing grades and grading service for voluntary use • Agricultural Marketing Act of 1946 - contains the authority under which the present egg grading service is performed - authorizes the development of standards History Egg Grading Manual historical overview • Egg Products Inspection Act of 1970 (EPIA) - uniformity of standards and grades - federal standards preempt state standards - states were required to amend their laws to conform to the federal laws • Federal Food, Drug and Cosmetic Actof 1938 - prevents the shipment of adulterated or misbranded foods - eggs fall under this authority
4/6/2017 History History Surveillance Inspections Surveillance Inspections EPIA also controls the disposal of undergrade EPIA authorizes inspection of shell egg handlers eggs to prevent their getting into consumer to control the disposal of restricted eggs channels -Shell egg handlers include firms that grade and -These eggs are defined as"restricted"eggs pack eggs for consumer,commercial distribution and hatcheries Checks and dirty eggs are moved to egg -Quaterly visits are made to each producer/packer breaking plants where they are processed -yearly visits are made to hatcheries All other restricted eggs must be disposed of -Visits are conducted by state or federal shell egg in a means that prevents use in human food surveillance inspectors maybe denaturing with color dye Records must be maintained History History State Laws State Laws 1919,the first state laws were enacted in New york was the first state to enact a law South Dakota,Iowa,and Illinois requiring that eggs be labeled by quality and Earliest regulations prohibited the sale of size inedible eggs New york egg producers hoped that Since then,all 50 states maintain egg laws consumers would be pay more for higher that regulate labeling,grading.and marketing quality of eggs EPIA provision concerning standards,grades Inspection of eggs at retail outlets is the and labeling help to ensure free movement of resposibility of the states eggs in interstate commerce and eliminate features that create barriers
4/6/2017 2 History Surveillance Inspections • EPIA also controls the disposal of undergrade eggs to prevent their getting into consumer channels - These eggs are defined as ”restricted” eggs - Checks and dirty eggs are moved to egg breaking plants where they are processed - All other restricted eggs must be disposed of in a means that prevents use in human food maybe denaturing with color dye History Surveillance Inspections • EPIA authorizes inspection of shell egg handlers to control the disposal of restricted eggs - Shell egg handlers include firms that grade and pack eggs for consumer, commercial distribution and hatcheries - Quaterly visits are made to each producer/packer - Yearly visits are made to hatcheries - Visits are conducted by state or federal shell egg surveillance inspectors - Records must be maintained History State Laws • 1919, the first state laws were enacted in South Dakota, Iowa, and Illinois • Earliest regulations prohibited the sale of inedible eggs • Since then, all 50 states maintain egg laws that regulate labeling, grading, and marketing of eggs • Inspection of eggs at retail outlets is the resposibility of the states History State Laws • New York was the first state to enact a law requiring that eggs be labeled by quality and size • New York egg producers hoped that consumers would be pay more for higher quality • EPIA provision concerning standards, grades and labeling help to ensure free movement of eggs in interstate commerce and eliminate features that create barriers
4/6/2017 History History Federal Egg Laws Federal Egg Laws Agricultural Marketing Service was FSIS provides a voluntary egg products responsible for administering the EPIA inspection program for a fee for service Federal Crop Insurance Reform and the Voluntary inspection certifies class,quality. Department of Agriculture Reorganization Act quantity,and condition and is used for of 1994 consolidated food safety certification purposes responsibilities in FSIS Inspection of egg products requires Today,after years of redelegating continuous inspection of the processing of egg responsibilities,FSIS oversees all functions products under the Egg Products Inspection Act examination before and after breaking eggs History History Federal Egg Laws Federal Egg Laws EPIA requires all eggs be kept refrigerated 2012,a new bill "Egg Bill"amended the EPIA and contains labeling that states this requirement -required that egg farmers double the space allotted for 270 million hens in the US FDA has authority to ensure this requirement -required housing improvements for better at food manufacturing estalishments animal welfare So far this bill has not been made law
4/6/2017 3 History Federal Egg Laws • Agricultural Marketing Service was responsible for administering the EPIA • Federal Crop Insurance Reform and the Department of Agriculture Reorganization Act of 1994 consolidated food safety responsibilities in FSIS • Today, after years of redelegating responsibilities, FSIS oversees all functions under the Egg Products Inspection Act History Federal Egg Laws • FSIS provides a voluntary egg products inspection program for a fee for service • Voluntary inspection certifies class, quality, quantity, and condition and is used for certification purposes • Inspection of egg products requires continuous inspection of the processing of egg products - examination before and after breaking eggs History Federal Egg Laws • EPIA requires all eggs be kept refrigerated and contains labeling that states this requirement • FDA has authority to ensure this requirement at food manufacturing estalishments History Federal Egg Laws • 2012, a new bill ”Egg Bill” amended the EPIA - required that egg farmers double the space allotted for 270 million hens in the US - required housing improvements for better animal welfare - So far this bill has not been made law
4/6/2017 History History Egg Products Inspection Act(EPIA)of 1970 Egg Products Inspection Act(EPIA)of 1970 Imposes specific inspections on egg products Egg-breaking plants that break,dry,and and shell eggs process shell eggs into liquid,frozen,or dried Gives enforcement authority to USDA and egg products must operate under the FDA continuous inspection program of the USDA Federal or state officials visit egg hatcheries All egg-breaking plants no matter the size are and packers once every 3 months required to operate in this manner Other firms that transport,ship,receive shell eggs may also be checked periodically History History Federal-State Agreements Federal-State Agreements For 70 years,the USDA in cooperation with In the early days of federal-state grading States has conducted a voluntary Federal- consisted of inspecting eggs and poultry State egg-grading service based on purchased by the US Navy to determine -US standards for quality of individual eggs compliance with purchasing specifications US grades and weight classes for consumer Today,voluntary egg grading and certification services are adminstered by Poultry Programs, nest run grades of shell eggs Gradeing Branch of USDA First quality standards were developed in 1925 Graders are either state or federal employees First standards for weights and grade classes Grading service is cooperative agreement between were developed in 1946 the USDA and State dept of Agriculture
4/6/2017 4 History Egg Products Inspection Act (EPIA) of 1970 • Imposes specific inspections on egg products and shell eggs • Gives enforcement authority to USDA and FDA • Federal or state officials visit egg hatcheries and packers once every 3 months • Other firms that transport, ship, receive shell eggs may also be checked periodically History Egg Products Inspection Act (EPIA) of 1970 • Egg-breaking plants that break, dry, and process shell eggs into liquid, frozen, or dried egg products must operate under the continuous inspection program of the USDA • All egg-breaking plants no matter the size are required to operate in this manner History Federal-State Agreements • For 70 years, the USDA in cooperation with States has conducted a voluntary FederalState egg-grading service based on - US standards for quality of individual eggs - US grades and weight classes for consumer - nest run grades of shell eggs • First quality standards were developed in 1925 • First standards for weights and grade classes were developed in 1946 History Federal-State Agreements • In the early days of federal-state grading, consisted of inspecting eggs and poultry purchased by the US Navy to determine compliance with purchasing specifications • Today, voluntary egg grading and certification services are adminstered by Poultry Programs, Gradeing Branch of USDA • Graders are either state or federal employees • Grading service is cooperative agreement between the USDA and State dept of Agriculture
4/6/2017 SD History History A Federal-State Agreements Federal-State Agreements Two main type of agreements Greatest use of the grading program is in the 1.State Trust Fund labeling of individual consumer packages fees charged are collected and held in trust Regulations provide the approval of grade labels by the state used in the program state is periodically paid from the trust fund Grade mark is contained a shield with USDA according to terms of the agreement USDA shielded eggs account for 49%of eggs 2.Federal Trust Fund packed and moved across interstate lines contracts for services are between the USDA All expiration dates are calculated based on date and the individual firms of packaging and may not exceed 30-45 days fees are collected and held in a USDA trust depending on the wordage used History Federal-State Agreements n ORADE A LARGE ECC Other USDA services USDA Contract Compliance stamp used to USDA USDA identify shell eggs that comply with written AA contract requirements "grader samples the product to ensure compliance date of grading or certificate number appears on the stamp as well as plant and grader number
4/6/2017 5 History Federal-State Agreements • Two main type of agreements 1. State Trust Fund - fees charged are collected and held in trust by the state - state is periodically paid from the trust fund according to terms of the agreement 2. Federal Trust Fund - contracts for services are between the USDA and the individual firms - fees are collected and held in a USDA trust History Federal-State Agreements • Greatest use of the grading program is in the labeling of individual consumer packages • Regulations provide the approval of grade labels used in the program • Grade mark is contained a shield with USDA • USDA shielded eggs account for 49% of eggs packed and moved across interstate lines • All expiration dates are calculated based on date of packaging and may not exceed 30-45 days depending on the wordage used History Federal-State Agreements • Other USDA services - USDA Contract Compliance stamp used to identify shell eggs that comply with written contract requirements grader samples the product to ensure compliance date of grading or certificate number appears on the stamp as well as plant and grader number