Poultry and Egg Products (7 CFR 94.1-94.304)

257 Agricultural Marketing Service, USDA Pt. 94 value, peroxide value, phosphorus in oil, and specific gravity. The fee charged for any single laboratory anal ysis for vegetable oils shall be obtained from the Midwestern Laboratory Direc tor and it is based on the hourly fee rates and charges as specified in 7 CFR part 91, subpart I. [65 FR 64317, Oct. 26, 2000] § 93.13 Analytical methods. Official analyses for peanuts, nuts, corn, oilseeds, and related vegetable oils are found in the following manu als: (a) Approved Methods of the Amer ican Association of Cereal Chemists (AACC), American Association of Ce real Chemists/Eagan Press, 3340 Pilot Knob Road, St. Paul, Minnesota 55121– 2097. (b) ASTA’s Analytical Methods Man ual, American Spice Trade Association (ASTA), 560 Sylvan Avenue, P.O. Box 1267, Englewood Cliffs, New Jersey 07632. (c) Analyst’s Instruction for Aflatoxin (August 1994), S&T Instruc tion No. 1, USDA, Agricultural Mar keting Service, Science and Tech nology, 3521 South Agriculture Build ing, 1400 Independence Avenue, SW., P.O. Box 96456, Washington, DC 20090– 6456. (d) Official Methods and Rec ommended Practices of the American Oil Chemists’ Society (AOCS), Amer ican Oil Chemists’ Society, P.O. Box 3489, 2211 West Bradley Avenue, Cham paign, Illinois 61821–1827. (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithers burg, MD 20877–2417. (f) Standard Analytical Methods of the Member Companies of Corn Indus tries Research Foundation, Corn Refin ers Association (CRA), 1701 Pennsyl vania Avenue, NW., Washington, DC 20006. (g) U.S. Army Natick Research, De velopment and Engineering Center’s Military Specifications, approved ana lytical test methods noted therein, Code NPP–9, Department of Defense Single Stock Point (DODSSP) for Mili tary Specifications, Standards, Build ing 4/D, 700 Robbins Avenue, Philadel phia, PA 19111–5094. [65 FR 64317, Oct. 26, 2000] § 93.14 Fees for aflatoxin analysis and fees for testing of other mycotoxins. (a) The fee charged for any labora tory analysis for aflatoxins and other mycotoxins shall be obtained from the Laboratory Director for aflatoxin lab oratories at the Dothan administrative office as follows: USDA, AMS, Science & Technology, 3119 Wesley Way, Suite 6, Dothan, Alabama 36305, Voice Phone: 334–794–5070, Facsimile: 334–792–1432. (b) The charge for the aflatoxin test ing of raw peanuts under the Peanut Marketing Agreement for subsamples 1–AB, 2–AB, 3–AB, and 1–CD is a set cost per pair of analyses and shall be set by cooperative agreement between the Peanut Administrative Committee and AMS Science and Technology pro gram. [65 FR 64317, Oct. 26, 2000] § 93.15 Fees for analytical testing of oilseeds. The fee charged for any laboratory analysis for oilseeds shall be obtained from the Laboratory Director for aflatoxin laboratories at the Dothan administrative office as listed in 7 CFR 93.14(a). [65 FR 64318, Oct. 26, 2000] PART 94—POULTRY AND EGG PRODUCTS Subpart A—Mandatory Analyses of Egg Products Sec. 94.1 General. 94.2 Definitions. 94.3 Analyses performed and locations of laboratories. 94.4 Analytical methods. 94.5 Charges for laboratory service. Subpart B—Voluntary Analyses of Egg Products 94.100 General. 94.101 Definitions. 94.102 Analyses available. 94.103 Analytical methods. 94.104 Fees and charges. VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 258 7 CFR Ch. I (1–1–17 Edition) § 94.1 Subpart C—Salmonella Laboratory Recognition Program 94.200 [Reserved] Subpart D—Processed Poultry Products 94.300 General. 94.301 Definitions. 94.302 Analyses available and locations of laboratories. 94.303 Analytical methods. 94.304 Fees and charges. AUTHORITY: Secs. 2–28 of the Egg Products Inspection Act (84 Stat. 1620–1635; 21 U.S.C. 1031–1056), Agricultural Marketing Act of 1946, Secs. 202–208 as amended (60 Stat. 1087– 1091; 7 U.S.C. 1621–1627). SOURCE: 58 FR 42428, Aug. 9, 1993, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 94 appear at 61 FR 51352, Oct. 2 1996. Subpart A—Mandatory Analyses of Egg Products § 94.1 General. Microbiological, chemical, and phys ical analysis of liquid, frozen, and dried egg products is performed under au thority of the Egg Products Inspection Act (21 U.S.C. 1031–1056). § 94.2 Definitions. Words used in the regulations in this subpart in the singular form will im port the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the fol lowing terms will be construed to mean: Egg. The shell egg of the domes ticated chicken, turkey, duck, goose, or guinea. Some of the terms applica ble to shell eggs are defined by the AMS Poultry Programs in 7 CFR 57.5. Egg product. Any dried, frozen, or liq uid eggs, with or without added ingre dients. However, products which con tain 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 may be exempted by the Secretary under such conditions as may be prescribed to assure that the egg ingredients are not adulterated and such products are not represented as egg products. Some of the products ex empted as not being egg products are specified by the AMS Poultry Pro grams in 7 CFR 57.5. Mandatory sample. An official sample of egg product(s) taken for testing under authority of the Egg Products Inspection Act (21 U.S.C. 1031–1056) for analysis by a United States Depart ment of Agriculture, Agricultural Mar keting Service, Science and Tech nology laboratory at government ex pense. A mandatory sample shall in clude an egg product sample to be ana lyzed for microbiological, chemical, or physical attributes. A mandatory egg product sample analyzed for the pres ence of Salmonella is also referred to as a confirmation sample as specified by the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580, para graph (d). Official plant. Any plant, as deter mined by the Secretary, at which the U.S. Department of Agriculture main tains inspection of the processing of egg products under the authority of the Egg Products Inspection Act. Pasteurize. The subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms by such proc esses as may be prescribed by the regu lations in the EPIA. Pesticide chemical, food additive, color additive, and raw agricultural commodity. These terms shall have the same mean ing for purposes of this subpart as under sections 408, 409, and 706 of the Federal Food, Drug, and Cosmetic Act. Plant. Any place of business where egg products are processed. Processing. Manufacturing of egg products, including breaking eggs or filtering, mixing, blending, pasteur izing, stabilizing, cooling, freezing, drying, or packaging egg products at official plants. [58 FR 42428, Aug. 9, 1993, as amended at 65 FR 64318, Oct. 26, 2000] § 94.3 Analyses performed and loca tions of laboratories. (a) Samples drawn by a USDA egg products inspector will be analyzed by AMS Science and Technology (S&T) personnel for microbiological, chem ical, and physical attributes. The ana lytical results of these samples will be reported to the resident egg products VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 259 Agricultural Marketing Service, USDA § 94.5 inspector at the applicable plant on the official certificate. (b) Mandatory egg product samples for Salmonella are required and are ana lyzed in S&T laboratories to spot check and confirm the adequacy of USDA ap proved and recognized laboratories for analyzing routine egg product samples for Salmonella. (c) Mandatory egg product samples for chlorinated hydrocarbons are re quired and are submitted by the plant inspectors on a random basis. These samples screen for pesticide residues and industrial chemical contaminants in egg products. (d) Samples are drawn by a USDA egg products inspector to determine poten tial adulteration. These egg product samples may be analyzed for extra neous material, color, color additive, pesticide, heavy metal, microorganism, dextrin, or other substance. (e) The AMS Science and Tech nology’s Eastern Laboratory shall con duct the majority of laboratory anal yses for egg products. The analyses for mandatory egg product samples are performed at the following USDA loca tion: USDA, AMS, Science & Tech nology, Eastern Laboratory (Microbi ology), 2311–B Aberdeen Boulevard, Gastonia, NC 28054–0614. [58 FR 42428, Aug. 9, 1993, as amended at 59 FR 24325, May 10, 1994; 59 FR 50121, Sept. 30, 1994; 65 FR 64318, Oct. 26, 2000] § 94.4 Analytical methods. The majority of analytical methods used by the USDA laboratories to per form mandatory analyses for egg prod ucts are listed as follows: (a) Compendium Methods for the Microbiological Examination of Foods, Carl Vanderzant and Don Splittstoesser (Editors), American Pub lic Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005. (b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing’s Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY 10159–0945. (c) FDA Bacteriological Analytical Manual (BAM), AOAC INTER NATIONAL, 481 North Frederick Ave nue, Suite 500, Gaithersburg, MD 20877– 2417. (d) Manual of Analytical Methods for the Analysis of Pesticide Residues in Human and Environmental Samples, EPA 600/9–80–038, U.S. Environmental Protection Agency (EPA) Chemical Ex posure Research Branch, EPA Office of Research and Development (ORD), 26 West Martin Luther King Drive, Cin cinnati, Ohio 45268. (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithers burg, MD 20877–2417. (f) Standard Methods for the Exam ination of Dairy Products, American Public Health Association, 1015 Fif teenth Street, NW, Washington, DC 20005. (g) Standard Methods for the Exam ination of Water and Wastewater, American Public Health Association (APHA), the American Water Works Association (AWWA) and the Water Pollution Control Federation, AWWA Bookstore, 6666 West Quincy Avenue, Denver, CO 80235. (h) Test Methods for Evaluating Solid Waste Physical/Chemical Meth ods, Environmental Protection Agency, Office of Solid Waste, SW–846 Inte grated Manual (available from Na tional Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161). (i) U.S. Food and Drug Administra tion, Pesticide Analytical Manuals (PAM), Volumes I and II, Food and Drug Administration, Center for Food Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 20204 (available from National Technical In formation Service (NTIS), U.S. Depart ment of Commerce, 5285 Port Royal Road, Springfield, VA 22161). [65 FR 64318, Oct. 26, 2000] § 94.5 Charges for laboratory service. The costs for analysis of mandatory egg product samples at Science and Technology Division laboratories shall be paid by annually appropriated and designated funds allocated to the egg products inspection program. The costs for any other mandatory laboratory analyses and testing of an egg prod uct’s identity and condition, neces sitated by the Egg Products Inspection VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 260 7 CFR Ch. I (1–1–17 Edition) § 94.100 Act, shall also be paid by such program funding. Subpart B—Voluntary Analyses of Egg Products § 94.100 General. Analyses for voluntary egg product samples may be requested to certify that specifications regarding stated identity, quality, and wholesomeness are met; to test routinely for the pres ence of Salmonella; and to ensure lab oratory quality control with testing activities. § 94.101 Definitions. Words used in the regulations in this subpart in the singular form will im port the plural, and vice versa, as the case may demand. As used throughout the regulations in this part, unless the context requires otherwise, the fol lowing terms will be construed to mean: Certification sample. An egg product sample submitted by an applicant for chemical, physical, or microbiological analyses and tests at a Science and Technology Division laboratory. This voluntary sample is analyzed or tested by the Division’s analyst or scientist to certify that an egg product lot meets applicable specifications for identity, quality, and wholesomeness. Surveillance sample. This is a 100 gram sample for Salmonella analysis that is drawn by the USDA egg product in spector from each lot of egg product processed at an official plant. This sample may be analyzed by a Science and Technology Division laboratory, or by a laboratory approved and recog nized by the Division to analyze for Salmonella in egg products. Unofficial sample. These samples of egg products are drawn by plant per sonnel upon the request of plant man agement. Analyses of these samples are usually conducted for the plant’s re fractometer correlation, bacterio logical evaluation of production tech niques, or quality control of proce dures. Official plant or Science and Technology Division laboratories can analyze these samples. § 94.102 Analyses available. A wide array of analyses for vol untary egg product samples is avail able. Voluntary egg product samples include surveillance, certification, and unofficial samples. The physical and chemical tests for voluntary egg prod ucts include analyses for total ash, fat by acid hydrolysis, moisture, salt, pro tein, beta-carotene, catalase, choles terol, NEPA color, density, total sol ids, aflatoxin, daminozide and amitraz residues, BHA, BHT, alcohol, chlorinated hydrocarbon and fumigant residues, dextrin, heavy and light filth, glucose, glycerol and gums. In addi tion, egg products can be analyzed for high sucrose content, pH, heavy metals and minerals, monosodium dihydrogen phosphate, monosodium glutamate, nitrites, oxygen, palatability and odor, phosphorus, propylene glycol, SLS, and zeolex. There are also be tests for starch, total sugars, sugar profile, whey, standard plate count, direct mi croscopic count, Campylobacter, coli forms, presumptive Escherichia coli, Listeria monocytogenes, proteolytic count, psychrotrophic bacteria, Sal monella, Staphylococcus, thermoduric bacteria, and yeast with mold count. § 94.103 Analytical methods. The analytical methods used by the Science and Technology Division lab oratories to perform voluntary anal yses for egg products shall be the same as listed in § 94.4. § 94.104 Fees and charges. (a) The fee charged for any single lab oratory analysis of voluntary egg prod uct samples shall be obtained from the schedules of charges in paragraph (a) of § 91.37 of this subchapter. (b) The charge for any requested lab oratory analysis not listed shall be based on the standard hourly rate spec ified in § 91.37, paragraph (b). VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 261 Agricultural Marketing Service, USDA Pt. 97 Subpart C—Salmonella Laboratory Recognition Program § 94.200 [Reserved] Subpart D—Processed Poultry Products § 94.300 General. Laboratory services of processed poultry products are conducted to de rive their analytical attributes used to determine the compliance of the prod uct with applicable specifications. § 94.301 Definitions. Words used in the regulations in this subpart in the singular form will im port the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the fol lowing terms will be construed to mean: Dark meat. Refers to the skinless and deboned drumstick, thigh, and back portions of poultry. Light meat. Refers to the skinless and deboned breast and wing portions of poultry. Poultry. Any kind of domesticated bird, including, but not limited to, chicken, turkey, duck, goose, pigeon, and guinea. Poultry product. Any ready-to-cook poultry carcass or part therefrom or any specified poultry food product. § 94.302 Analyses available and loca tions of laboratories. (a) The Science and Technology Divi sion laboratories will analyze proc essed poultry products for moisture, fat, salt, protein, nitrites, and added citric acid. (b) Deboned poultry for roasting will have the individual dark meat, light meat, and skin portions tumbled sepa rately in the natural juices prior to grinding. The skin, light meat, and dark meat portion weight percentages of the total product are determined. The ground skin, ground dark meat, and ground light meat portions will be analyzed separately for moisture, pro tein, salt, and fat. Moisture to protein ratios will be reported also for the indi vidual portions of poultry. (c) Canned boned poultry for a vari ety of USDA programs will be tested as a total can composite of the canned product for moisture, fat, salt, and pro tein analyses. Additional poultry com modities and related products for spe cific USDA sponsored programs will be tested for different chemical and phys ical attributes. (d) Microbiological analyses, as the Salmonella determination, are available for poultry products. (e) The majority of analyses for proc essed poultry products shall be per formed at the Science and technology Division Eastern Laboratory, as indi cated in paragraph (e) of § 94.3. § 94.303 Analytical methods. The analytical methods used by the USDA laboratories to perform analyses for processed poultry products are found in the latest edition of the Offi cial Methods of Analysis of AOAC INTERNATIONAL, Suite 500, 481 North Frederick Avenue, Gaithersburg, MD 20877–2417. [61 FR 51352, Oct. 2, 1996] § 94.304 Fees and charges. (a) The fee charged for any single lab oratory analysis of processed poultry products shall be obtained from the schedules of charges in paragraph (a) of § 91.37 of this subchapter. (b) The laboratory analyses for proc essed poultry products shall result in an additional fee, found in Table 7 of § 91.37 of this subchapter, for sample preparation or grinding. (c) The charge for any requested lab oratory analysis of processed poultry products not listed shall be based on the standard hourly rate specified in § 91.37 (b) of this subchapter. PARTS 95–96 [RESERVED] PART 97—PLANT VARIETY AND PROTECTION SCOPE Sec. 97.1 General. DEFINITIONS 97.2 Meaning of words. VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B