B. Standards for
Pasteurized In-Shell Eggs. It is unlawful for a producer, producer dealer,
dealer, or retailer to sell, offer for sale, or expose for sale pasteurized
in-shell eggs that are packed for human consumption unless both of the
following conditions are met:
1. Quality and
weight classes:
a. The eggs used to produce
pasteurized in-shell eggs shall meet Consumer Grades A or AA and Weight Classes
for Eggs of subsection (A).
b. At
destination:
i. Pasteurized in-shell eggs
shall contain no more than 7 percent (9 percent for Jumbo size) Checks and not
more than 1 percent Leakers, Dirties, or Loss (due to meat or blood spots) in
any combination, except that such Loss may not exceed 0.30 percent. Other types
of Loss are not permitted.
ii. In
lots of two or more cases, no individual case may exceed 10 percent
Checks.
c. Pasteurized
in-shell eggs shall meet the weight classes as indicated in Table I Pasteurized
in-shell eggs shall meet the weight classes as indicated in Table I. Weight
Classes for Pasteurized In-Shell Eggs.
2. Labeling requirements. Except as provided
in subdivision (j), it is unlawful for an egg producer, producer dealer, dealer
or retailer to sell, offer for sale, or expose for sale pasteurized in-shell
eggs that are packed for human consumption unless each container intended for
sale to the ultimate consumer is labeled on one outside top, side, or end with
all of the following:
a. The consumer
container is conspicuously labeled "KEEP REFRIGERATED" or with words of similar
meaning as approved by the department. Consumer container labeling that
complies with the safe handling instructions required by Section 101.17 of
Title 21 of the Code of Federal Regulations shall be deemed to comply with this
paragraph.
b. The consumer
container is conspicuously labeled "produced from" in conjunction with the
appropriate consumer grade in letters no smaller than 1/2 size of the labeled
consumer grade. The use of the consumer grade without the qualifier "produced
from" is not permitted.
c. The
words "Best By", or "Use by" immediately followed by the month and day in bold
type. Months shall be abbreviated Jan, Feb, Mar, Apr, May, Jun, Jul, Aug, Sep,
Oct, Nov or Dec. The "Use by", or "Best before" date shall not exceed 75 days
from the date on which the pasteurized in-shell eggs were pasteurized,
excluding the date of pasteurization. Processors of in-shell eggs that subject
the eggs to the pasteurization process shall establish a sell-by date by
completion of an appropriate shelf stability study that includes public health
and safety criteria. The processor shall retain the study on file at the
processing plant and make it available to the department upon
request.
d. If the pasteurized
in-shell eggs are repacked, the original "Best By" or "Use by" date shall
apply.
e. A Julian pack date which
is the consecutive day of the year on which the pasteurized in-shell eggs were
pasteurized.
f. The identification
number of the plant of origin.
g. A
conspicuous identification of the eggs as "pasteurized."
h. All state and federal labeling
requirements.
i. This section does
not apply to pasteurized in-shell eggs that are packaged for export.
j. Paragraph B. does not apply to pasteurized
in-shell eggs that are packaged for interstate commerce or pasteurized in-shell
eggs that are packaged for military sales if exported to a state or federal
agency that requires a different format for the sell-by or best-if-used-by date
on pasteurized in-shell eggs, and the processor is utilizing that
format.