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Federal Regulatory Structure for Egg Safety: Fact Sheet

Donna U. Vogt

Specialist in Social Sciences
Domestic Social Policy Division

September 21, 1999

RS20338

Over 67 billion chicken eggs are produced each year in the United States. Of this total production, 30% or 20 billion eggs are broken, pasteurized, and processed into liquid, dried, or frozen egg products, and 70% or 47 billion eggs are consumed as whole shell eggs. Shell eggs have been associated with salmonellosis, an illness caused most commonly by the bacteria Salmonella Enteritidis (SE) as well as other serotypes. Salmonellosis is the second most prevalent food-borne disease in the United States. SE is a serious public health concern because as few as 10 to 20 cells can cause illness, and vulnerable populations such as children, the elderly, or immuno-compromised persons are far more likely to suffer serious illness or die from an SE infection.

It is estimated that 1 out of every 20,000 eggs contains SE bacteria which enter the egg during ovulation in SE-carrying hens, and lodge close to the yolk membrane. If the membrane is weak from age, temperature abused, or somehow broken, SE enters the yolk and multiplies quickly. Proper refrigeration may limit the growth of SE and thorough cooking of eggs will kill it. The Centers for Disease Control and Prevention (CDC) has found in certain geographic areas that SE control efforts by producers and regulatory agencies led to a 44% decline in SE infections at selected surveillance sites 1996 and 1998.

Federal Regulatory Structure for Egg Safety

Although the egg industry is primarily responsible for ensuring the safety of its products, four agencies hold statutory responsibilities for egg safety. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the Food and Drug Administration (FDA), part of the Department of Health and Human Services, has jurisdiction over establishments that sell or serve eggs, or use them as an ingredient in their products. FDA's general authority requires that it prohibit entry of adulterated food into interstate commerce and that it combat the spread of food-borne transmissible diseases such as SE. Within the Department of Agriculture (USDA), three agencies have responsibilities for egg processing inspection, egg grading, and on-farm SE reduction, under the Egg Products Inspection Act (EPIA): the Food Safety and Inspection Service (FSIS), the Animal and Plant Health Inspection Service (APHIS), and the Agricultural Marketing Service (AMS).

Regulatory Efforts for Egg Safety on the Farm

APHIS administers the National Poultry Improvement Plan (NPIP), which certifies that appropriate breeding practices are followed to ensure that egg-laying hens are born free of SE. Participation in NPIP is mandatory for producers shipping eggs interstate and voluntary for producers selling only intrastate. Breeders often find this certification necessary to sell their chicks. Some states implement the same or stricter standards as NPIP. APHIS and state inspectors under contract with APHIS inspect farms and conduct blood tests monthly on participating breeding flocks. FDA investigates illness outbreaks from eggs in cooperation with states and traces SE contaminated eggs back to flocks.

Regulatory Efforts in Plants and for Consumers

Eggs are under FDA's jurisdiction as they are transported to packing houses or processors. In packing houses where eggs are cleaned and packed for wholesale or retail sale, both FDA and USDA have jurisdiction. FDA rarely inspects eggs in transport or in the packing houses, partially because it has limited resources. Packers may, however, request AMS's voluntary fee-based shell egg grading service which requires that the packers comply with AMS sanitary conditions. If they do, their eggs can be labeled with a USDA Grade shield. AMS administers for FSIS a shell egg surveillance program which ensures that dirty, cracked or inedible eggs are not sold to consumers and are disposed of properly. In plants that process liquid, frozen, arid dried egg products, FSIS inspects the pasteurization operation continuously, as the EPIA requires, taking samples to ensure that all Salmonella, including SE, bacteria have been killed. FDA and FSIS hold joint responsibility, as directed in a 1991 amendment to the EPIA, for seeing that eggs be refrigerated, held, and transported in 45ºF ambient air temperature.1 An August 1999 FSIS final rule requires egg carton labeling to say "Keep Refrigerated." FDA proposed a new "safe handling" label warning consumers about SE and other pathogens.

FDA and USDA together support "FoodNet," the food-borne diseases active surveillance network run by CDC. Several federal agencies and industry representatives support the "FIGHT BAC" campaign, which educates consumers about the risks of handling food poorly, especially shell eggs. FDA publishes the Food Code, which lists model practices for industry to use to ensure safe handling of eggs. Adherence to the Code is voluntary, and CDC, FDA, and USDA are hoping to persuade states to adopt its provisions, to provide uniformity to rules and ease enforcement.

Given the complex federal regulatory structure for egg safety, many egg producers and packers want a nationwide, mandatory, consistent program for egg safety enforced by one federal agency. This one agency would have the responsibility for safety, quality, outbreak investigations, and consistent enforcement of uniform standards. The General Accounting Office recommends that the federal government develop a comprehensive strategy to deal with the SE problem in eggs and recommends new regulations for egg safety based on a preventive approach. The President's Council on Food Safety announced on July 1, 1999, that FDA and FSIS would develop a strategic plan by November 1, 1999, for the safety of shell eggs and processed egg products. The plan is to suggest methods to control pathogens, especially SE, and to suggest steps to coordinate egg safety from farm to table.

Footnotes:

1 [back] The issue of internal egg temperature versus storage temperature continues to be debated between the federal agencies and the egg industry. (For further information, see CRS Issue Brief IB10037, Meat and Poultry Inspections Issues, by Jean M. Rawson.)


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