or applying a substance that will penetrate the shell and decharacterize the egg meat. Except that, lots of eggs containing significant percentages of blood spots or meat spots, but no other types of loss or inedible eggs may be shipped directly to official egg products plants, provided they are conspicuously labeled with the name and address of the shipper and the wording "Spots-For Processing Only In Official Egg Products Plants." (5) Incubator rejects shall be broken or crushed and denatured or decharacterized in accordance with § 59.504 (c) and labeled as required in §§ 59.840 and 59.860. (b) Eggs which are packed for consumer use (e.g., households, restaurants, institutions, food manufacturers, etc.) and which have been found to exceed the tolerance for restricted eggs permitted in the official standards for U.S. Consumer Grade B, shall be identified as required in §§ 59.800 and 59.860 and shall be shipped directly or indirectly: (1) To an official egg products plant for proper segregation and processing; or (2) Be regraded so that they comply with the official standards; or (3) For use as other than human food. (c) Records shall be maintained as provided in § 59.200 to assure proper disposition. [36 FR 9814, May 28, 1971; 36 FR 10841, June 4, 1971; 37 FR 6659, Apr. 1, 1972; 40 FR 20059, May 8, 1975] § 59.760 Inspection of egg handlers. Duly authorized representatives of the Administrator shall make such periodic inspections of egg handlers and their records as the Administrator may require to ascertain if any of the provisions of the Act or these regulations applicable to such egg handlers have been violated. Such representatives shall be afforded access, at any reasonable time, to any place of business or plant subject to inspection under the provisions of the Act. IDENTIFICATION OF RESTRICTED EGGS OR EGG PRODUCTS NOT INTENDED FOR HUMAN CONSUMPTION dirties, checks, inedibles, or loss), or the statement "Restricted Eggs-For Processing Only In An Official USDA Egg Products Plant," for checks or dirties, or "Restricted Eggs-Not To Be Used As Human Food," for inedibles, loss, and incubator rejects, or "Restricted EggsTo Be Regraded" for graded eggs which contain more restricted eggs than are allowed in the official standards for U.S. Consumer Grade B shell eggs. The size of the letters of the identification wording shall be as required in § 59.860. When eggs are packed in immediate containers, e.g., cartons, sleeve packs, overwrapped 22 or 3 dozen packs, etc., for sale to household consumers under the exemptions provided for in § 59.100 (c), (d), or (f), they shall be deemed to be satisfactorily identified in accordance with the requirements of this part if such immediate containers bear the packer's name and address and the quality of the eggs. Alternatively, a point of sale sign may be displayed showing the above information. [40 FR 20060, May 8, 1975] § 59.801 Nest run or current receipt eggs. Eggs which are merchandised as they come from the production facilities without washing, grading, or sizing are exempt from the labeling provisions in § 59.800. However, when such eggs are packed and sold to consumers, they may not contain more loss and leakers than allowed in the official standards for U.S. Consumer Grade B shell eggs. [40 FR 20060, May 8, 1975] § 59.840 Identification of inedible, unwholesome, or adulterated egg prod ucts. All inedible, unwholesome, or adulterated egg products shall be identified with the name and address of the processor, the words "Inedible Egg Products-Not To Be Used as Human Food." § 59.860 Identification wording. The letters of the identification wording shall be legible and conspicuous. [37 F.R. 6659, Apr. 1, 1972] IMPORTS § 59.900 Requirements for importation of egg products or restricted eggs into the United States. (a) Egg products and restricted eggs may be imported into the United States essed, labeled, and packaged in accordance with, and otherwise comply with, the standards of the Act and these regulations including, but not limited to the same sanitary, processing, facility requirements, and continuous Government inspection as required in §§ 59.500 through 59.580 applicable to inspected aracles produced within the United States, notice of that fact will be given by Laning the name of such foreign coun2T paragraph (b) of this section. Theresien, egg products from the counames so listed shall be eligible, subject to the provisions of this part and other applace lavs and regulations, for imPHASE C the Chited States. Such CSR be imported into the United Sa mase foreign countries must De applicable, the same Suns and regumements that apply Upscle fumeste products as set TI I Zee glances. Egg products Es act sted herein Le Dr pcration into the Sans, see as provided by b teaming if the inspection i trem minty is the equivThe red man.ced by the 32. De anws or shall Megulations of the The 1 survey to maker which the inI kommistered within The survey of the gren may be expethe prerested Gov the form country DVE Ss ccurred in makCF 12 val of the in1 country, the ren and to the stresssary, authorize repJerment to review a bat it is mainà camer as to be the Tuen naintained by ssened that each Ties main pection system If the system States. Sium certificate Ss as provided tment of egg sar, shall be products mich, mless otherwise approved by the Administrator, contains the following information: (1) Country exporting product; (2) City and date where issued; (3) Kind of product, number of containers, and weight; (4) Production date(s) of product; (5) Identification marks on containers; (6) Name and address of exporter; (7) Name, address, and plant number of processing plant; (8) Name and address of importer; (9) A certification that the egg products were produced under the approved regulations, requirements, and continuous Government inspection of the exporting country and; (10) Name (including signature) and official title of person authorized to issue inspection certificates for egg products exported to the United States. (b) Shell eggs. Except as otherwise provided in § 59.960, each consignment of shell eggs shall be accompanied by a foreign inspection certificate, which, unless otherwise approved by the Administrator contains the following information: (1) Country exporting product; (2) City and date where issued; (3) Quality or description of eggs; (4) Number of cases and total quantity; (5) Identification marks on contain ers; (6) Name and address of exporter; (7) Name and address of importer; (8) A certification that the quality or description of the shell eggs is true and accurate and; (9) Name (including signature) and title of person authorized to issue inspection certificates for shell eggs exported to the United States. § 59.920 Importer to make application for inspection of imported eggs and egg products. Each person importing any eggs or egg products shall make application for inspection upon C&MS Form PY-222Import Request, Eggs and Egg Products, to the Chief, Grading Branch, Poultry Division, Consumer and Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250, or to the Poultry Division, Grading Branch office at the port where the product is to be offered for importation. Application shall be made as long as possible prior to the ar rival of each consignment of product, except in the case of product exempted from inspection by § 59.960. Each application shall state the approximate date of product arrival in the United States, the name of the ship or other carrier, the country from which the product was shipped, the destination, the quantity and class of product, whether fresh, frozen, or dried, and the point of first arrival in the United States. § 59.925 Inspection of imported eggs and egg products. (a) Except as provided in § 59.960, eggs and egg products offered for importation from any foreign country shall be subject to inspection in accordance with established inspection procedures, including the examination of the labeling information on the containers, by an inspector before the product shall be admitted into the United States. Importers will be advised of the point where inspection will be made, and in case of small shipments (less than carload lots), the importer may be required to move the product to the location of the nearest inspector. (b) Inspectors may take samples, without cost to the United States, of any product offered for importation which is subject to analysis or quality determination, except that samples shall not be taken of any products offered for importation under § 59.960, unless there is reason for suspecting the presence therein of a substance in violation of that section. § 59.930 Imported eggs and egg products; retention in customs custody; delivery under bond; movement prior to inspection; sealing; handling; facilities, and assistance. (a) No eggs or egg products required by this part to be inspected shall be released from customs custody prior to required inspections, but such product may be delivered to the consignee, or his agent, prior to inspection if the consignee shall furnish a bond, in the form prescribed by the Secretary of the Treasury, conditioned that the product shall be returned, if demanded, to the collector of the port where the same is offered for clearance through customs. (b) Notwithstanding paragraph (a) of this section, no product required by this part to be inspected shall be moved prior to inspection from the port of arrival from any foreign country only in accordance with these regulations. The term "United States" means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and the District of Columbia. The importation of any egg or egg product in violation of the regulations of this part is prohibited. (b) All such imported articles shall upon entry into the United States be deemed and treated as domestic articles and be subject to the other provisions of the Act, these regulations, and other Federal or State requirements. § 59.905 Importation of restricted eggs or eggs containing more restricted eggs than permitted in the official standards for U.S. Consumer Grade B. (a) No containers of restricted eggs other than checks or dirties shall be imported into the United States. The shipping containers of such eggs shall be identified with the name, address, and country of origin of the exporter, and the quality of the eggs (e.g., checks, or dirties) preceded by the word "Imported" or the statement "Imported Restricted Eggs For Processing Only In An Official USDA Plant," or "Restricted Eggs-Not To Be Used As Human Food." Such identification shall be legible and conspicuous. (b) Eggs which are imported for use as human food and upon entry are found to contain more restricted eggs than permitted in the official standards for U.S. Consumer Grade B, shall be refused entry and returned to the importing country or be conspicuously and legibly identified as "Imported Restricted Eggs" and be sent directly under official seal: (1) To a place where they may be regraded to comply with the official U.S. standards for consumer grades; (2) to an official USDA egg products processing plant; or (3) to be used as other than human food. [36 F.R. 9814, May 28, 1971, as amended at 37 F.R. 6659, Apr. 1, 1972] § 59.910 Eligibility of foreign countries for importation of egg products into the United States. (a) Whenever it is determined by the Administrator that the system of egg products inspection maintained by any foreign country is such that the egg products produced in such country are proc essed, labeled, and packaged in accordance with, and otherwise comply with, the standards of the Act and these regulations including, but not limited to the same sanitary, processing, facility requirements, and continuous Government inspection as required in §§ 59.500 through 59.580 applicable to inspected articles produced within the United States, notice of that fact will be given by listing the name of such foreign country in paragraph (b) of this section. Thereafter, egg products from the countries so listed shall be eligible, subject to the provisions of this part and other applicable laws and regulations, for importation into the United States. Such products to be imported into the United States from these foreign countries must meet, to the extent applicable, the same standards and requirements that apply to comparable domestic products as set forth in these regulations. Egg products from foreign countries not listed herein are not eligible for importation into the United States, except as provided by § 59.960. In determining if the inspection system of a foreign country is the equivalent of the system maintained by the United States, the Administrator shall review the inspection regulations of the foreign country and make a survey to determine the manner in which the inspection system is administered within the foreign country. The survey of the foreign inspection system may be expedited by payment by the interested Government agency in the foreign country of the travel expenses incurred in making the survey. After approval of the inspection system of a foreign country, the Administrator may, as often and to the extent deemed necessary, authorize representatives of the Department to review the system to determine that it is maintained in such a manner as to be the equivalent of the system maintained by the United States. (b) It has been determined that each of the following foreign countries maintain an egg products inspection system that is the equivalent of the system maintained by the United States. § 59.915 Foreign inspection certificate required. (a) Egg products. Except as provided in 59.960, each consignment of egg products, as defined in this part, shall be accompanied by a foreign egg products inspection certificate, which, unless otherwise approved by the Administrator, contains the following information: (1) Country exporting product; (2) City and date where issued; (3) Kind of product, number of containers, and weight; (4) Production date(s) of product; (5) Identification marks on containers; (6) Name and address of exporter; (7) Name, address, and plant number of processing plant; (8) Name and address of importer; (9) A certification that the egg products were produced under the approved regulations, requirements, and continuous Government inspection of the exporting country and; (10) Name (including signature) and official title of person authorized to issue inspection certificates for egg products exported to the United States. (b) Shell eggs. Except as otherwise provided in § 59.960, each consignment of shell eggs shall be accompanied by a foreign inspection certificate, which, unless otherwise approved by the Administrator contains the following information: (1) Country exporting product; (2) City and date where issued; (3) Quality or description of eggs; (4) Number of cases and quantity; total (5) Identification marks on containers; (6) Name and address of exporter; (7) Name and address of importer; (8) A certification that the quality or description of the shell eggs is true and accurate and; (9) Name (including signature) and title of person authorized to issue inspection certificates for shell eggs exported to the United States. § 59.920 Importer to make application for inspection of imported eggs and egg products. Each person importing any eggs or egg products shall make application for inspection upon C&MS Form PY-222— Import Request, Eggs and Egg Products, to the Chief, Grading Branch, Poultry Division, Consumer and Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250, or to the Poultry Division, Grading Branch office at the port where the product is to be offered for importation. Application shall be made as long as possible prior to the ar rival of each consignment of product, except in the case of product exempted from inspection by § 59.960. Each application shall state the approximate date of product arrival in the United States, the name of the ship or other carrier, the country from which the product was shipped, the destination, the quantity and class of product, whether fresh, frozen, or dried, and the point of first arrival in the United States. § 59.925 Inspection of imported eggs and egg products. (a) Except as provided in § 59.960, eggs and egg products offered for importation from any foreign country shall be subject to inspection in accordance with established inspection procedures, including the examination of the labeling information on the containers, by an inspector before the product shall be admitted into the United States. Importers will be advised of the point where inspection will be made, and in case of small shipments (less than carload lots), the importer may be required to move the product to the location of the nearest inspector. (b) Inspectors may take samples, without cost to the United States, of any product offered for importation which is subject to analysis or quality determination, except that samples shall not be taken of any products offered for importation under § 59.960, unless there is reason for suspecting the presence therein of a substance in violation of that section. § 59.930 Imported eggs and egg prod ucts; retention in customs custody; delivery under bond; movement prior to inspection; sealing; handling; facilities, and assistance. (a) No eggs or egg products required by this part to be inspected shall be released from customs custody prior to required inspections, but such product may be delivered to the consignee, or his agent, prior to inspection if the consignee shall furnish a bond, in the form prescribed by the Secretary of the Treasury, conditioned that the product shall be returned, if demanded, to the collector of the port where the same is offered for clearance through customs. (b) Notwithstanding paragraph (a) of this section, no product required by this part to be inspected shall be moved prior to inspection from the port of arrival |