PART 5:     EGG AND EGG PRODUCTS

Section 3:   Label Compliance for Imported Egg Products

 

I. PURPOSE

This instruction provides import inspection personnel with guidelines on the requirements and procedures for reinspection of imported egg products for labeling compliance.

Companies exporting to the United States must adhere to the labeling standards incorporated in the Federal egg product inspection regulations and policies. Companies will be fully accountable for the content and production of all labels, whether modified without resubmission, or submitted to FSIS for review and approval. FSIS’s Labeling and Consumer Protection Staff (LCPS) develops policies and inspection methods and administers programs to protect consumers from misbranded and economically adulterated egg products.

II REFERENCE

Egg Products Inspection Regulations – 9 CFR, Part 590
Egg Products Inspection Act, as amended
Egg Products Inspectors Handbook


III. FORMS

FSIS Form 7234-1, "Application for Approval of Labels, Marking or Device," dated 10/03/2002. Available at: http://www.fsis.usda.gov/fsisforms/7234-1.pdf.

Egg Import Shipment Notice for Re-inspection

IV. APPROVAL OF LABELS OF FOREIGN EGG PRODUCTS

  1. Foreign establishments are responsible for ensuring the accuracy of labeling for all egg products exported to the United States. Foreign inspection systems will verify that each establishment maintains complete labeling records and practices that result in compliance with current FSIS egg product labeling regulations and policies.

  2. No label, container, or packaging material bearing official identification may be printed or prepared for use until the printers' or other final proof has been approved by the Administrator in accordance with the Egg Product Inspection Regulations. [590.411 (b)]

  3. Foreign companies should refer to FSIS Directive 7234.1, "Procedures for Preparing and Submitting Label Application by Establishments Requesting Label Approvals".

V. LABELS OF SHIPPING CONTAINERS AND PLACARDS FOR TANKERS

Shipping container means any container used in packing an immediate container. [9 CFR 590.5 Container (b)].

Labels for shipping containers which hold two or more individual cartons, boxes, or bags must include the same information shown on the primary containers, except that ingredients need not be listed when the immediate containers are identified with a USDA approved label bearing an ingredient statement.

The shipping container must be labeled with the required features listed below.

  1. Labeling Requirements

    Shipping container or placard labels must have, in a prominent and legible manner, the following information:

    1. The common or usual name of the product. Product name shall include state of product i.e., Dried, Frozen or Liquid and must appear in print size relative to the most prominent printing on the label

    2. The name of the country of origin

    3. The establishment number of the plant in which the egg product was processed and/or packaged

    4. The inspection mark of the country of origin

    5. A lot number or production code shall be applied to each container of packaged egg product. The number may be placed either on the label or container.

    6. Label approval number. Label approval numbers identifying imported egg products will contain a two letter prefix and a three digit number, e.g. CN001

    7. Shipping marks (applies only to egg product identified as simulated on the "Egg Import Shipment Notice for Re-inspection"

    8. Net weight

    9. Handling statement such as "Keep Refrigerated" if needed

    10. Fully labeled shipping containers holding more than one unlabeled immediate container shall state "For Institutional Use Only" or "HRI"

    11. The number of primary containers must be declared on the principle display panel. When the master container label declares the number and the net weight of individual packages, the declaration is to be a component of the net weight statement (e.g. 6 5-pound cartons - 30 pounds net weight)

  2. Labeling Information

    1. Labeling information must be:

      1. Mechanically printed, stenciled, or stamped directly on the shipping container or on a self- destructive label affixed to the shipping container.

      2. In the English language; however, in the case of products distributed solely in Puerto Rico, Spanish may be substituted for English.

    2. Duplicate labeling information may appear on other panels of the shipping container

    3. If a net weight is declared, it must be in avoirdupois weight (i.e. pounds, ounces) or liquid measure (i.e. fluid ounces, quart). It is acceptable to state metric net weight in addition to the avoirdupois weight

    4. The lot number shall be shown as the consecutive day of the calendar year (Julian Date) on which the product was packaged, followed by the last digit of the year. This number must always contain four digits. For example, product packaged on February 1, 2005 would be identified with the lot 0325. Product must always be coded with the date of packaging unless an alternate coding system has been approved

    5. An approved whipping aid may be added. However, such ingredients must be declared as part of the product identity. For example "Triethyl Citrate" added as a whipping aid would be placed immediately under the product identity

VI. LABELS OF IMMEDIATE CONTAINERS

Import inspection personnel will examine labels of randomly selected immediate containers. An immediate
container means any package or other container in which egg products or shell eggs are packed for the household or other ultimate consumer. [per 9 CFR 590.5 immediate container (a)].

Immediate containers must include the following mandatory labeling features when applicable:

  1. Name of product. The product name shall include state of product i.e. Dried, Frozen or Liquid and must appear in print size related to the most prominent printing on the label

  2. The name and country of origin of the product, and for consumer packaged products, preceded by the
    words "Product of."

  3. The word "Ingredients" followed by a list of ingredients in order of descending proportions by weight

  4. The name, address and zip code of the packer or distributor. When the distributor is shown it shall be qualified by such terms as "packed for," "distributed by," or "distributors"

  5. An accurate statement of quantity (net weight)

  6. The inspection mark and country of origin

  7. The date of production (production code) and plant number of the plant at which the egg product was processed and/or packaged

  8. Label approval number

  9. Handling Statement "Keep Refrigerated" when applicable

VII. LABELING VERIFICATION- PROCEDURES (LVP)

Every lot of imported egg products will be subjected to label verification regardless of the re-inspection assignment (inspect or skip).

In all cases of performing this type of inspection, “Label Verification- Product Examination (LVP),” import inspection personnel must verify labeling compliance for the shipping container and immediate container. Import inspection personnel will perform label verification on all lots of product of Imported Egg Product.

  1. Sample Selection for LVP

    1. Staged Lots

      1. For each staged lot, the import inspector must randomly select the number of samples for labeling from pallet(s), Tote(s) drum(s), etc., in accordance with Table A
         

        Number of Pallets, Combos, Drums, Etc. (Lot Size)

        Number of Pallets, Combos, Drums, Etc. (Sample Size)

        01-10

        1

        11-20

        2

        21-30

        3

        31-40

        4

        41-50

        5

        51 or more

        5 plus 1 additional sample unit for every increase in lot size by 10 units or parts thereof.


      2. Examine the labeling of all shipping containers of the selected pallet(s), Tote(s), drum(s), etc. EXAMPLE: For a lot size of 55 pallets, the sample size will be six pallets. The disposition of the lot, with respect to label compliance, will be based on a label examination of all shipping cartons located on the six randomly selected pallets.

      3. If any of the required information is not visible during the labeling examination, import inspection personnel will require import establishment management to present the containers in a manner to facilitate examination of all the required features for each container on the selected pallet.

      4. Examine the labeling inside the shipping container to verify the labeling of immediate containers.

      5. Skipped lots from Canada are not staged; however, the verification of the labels must be performed.

      6. Import inspection personnel must verify labeling compliance on the product at the rear of the vehicle, including placards, shipping containers, immediate containers, and protective coverings, as applicable.

      7. A Label Verification TOI will be performed on all staged lots of Canadian egg oroducts.

  2. Label Verification for Tankers

    Each tanker shipment of egg products must bear label identifying information as well as production codes associated with the product. The production codes will be stamped on a placard attached to the outside surface of the tanker.

  3. Lot Disposition

    Import inspection personnel must notify import establishment management when a labeling discrepancy is identified. If requested, import establishment management will have one working day to produce documentation in support of the labeling. If supporting documentation is not provided, the importer/broker/applicant may: (1) request to bring the labeling into compliance with the applicable requirements; (2) contact LCPS for a determination as to the acceptability of the label; or, (3) request to continue holding the shipment pending clarification.

    1. The lot will be rejected if ANY SAMPLE UNIT fails to meet the labeling requirements. Labels may be brought into compliance as stated below.

      1. Sorting Non-Compliant Containers
        For rejected lots that can be sorted, the importer/applicant or representative will request that the shipment be allowed to be sorted by removing all non-complying containers. Non-compliant containers will be refused entry.

      2. Re-stenciling Labels
        The importer/applicant may correct any labeling deficiency, except shipping marks or production codes, by relabeling, stenciling, or obliterating the incorrect markings/labels on all non-complying containers.

      3. Immediate Containers
        When any randomly selected immediate container label does not comply with the labeling or marking requirements, import inspection personnel will reject the lot. Sorting or the relabeling of immediate containers will be done on a case by case basis with approval from the RIFO and DDO. The importer/applicant must furnish a written plan on how the labels are to be corrected.

      4. Remarking Shipping Marks/Production Codes
        Shipping containers on which the shipping mark/production codes is missing, incorrect, partially or completely illegible will be permitted entry provided the containers are marked per the conditions listed in VII. D.

      5. Any other corrective action request on labeling deficiencies should be brought to the attention of the RIFO and DDO for approval.

  4. Rejected Shipments for Shipping Marks and production codes

    1. When a labeling deficiency is identified, import inspection personnel shall send notification to the RIFO and import inspection mail box. The notice should include the shipment number, production code and a brief description of the labeling deficiency. The rejection will trigger the "Intensified" status until 10 consecutive lots of product from the type of category and establishment are reported as "acceptable." for LVP-TOI.

    2. An official representing the foreign inspection system will re-apply a shipping mark or production codes to these containers. If the same shipping mark or production code is applied, the foreign official will provide suitable documentation that certifies the product is covered by the original health certificate. If new shipping marks or production codes are applied, the foreign official will provide a new health certificate.

    3. Procedures for Correcting Shipping Marks or Production Codes

      1. When a portion of a shipping mark/production code is not legible and the identifying characters are identical to the shipping mark/production code of the other containers in the lot, import establishment management will have the option to re-apply (correct) the complete shipping mark/production code by either re-labeling or stenciling the complete shipping mark on all containers in which only part of the shipping mark is legible prior to release of the shipment. This must be done under the supervision of inspection personnel at the official import establishment where the product was presented for reinspection.

      2. Import inspection personnel will reject any shipping container or tanker truck which the shipping mark/production code is missing, incorrect, or completely illegible (i.e., no character of the shipping mark/production code is identifiable), except as permitted below.

        1. An official representing the foreign inspection system will obtain approval to remark the product from the RIFO.

        2. The RIFO will forward the approval to inspection personnel at the import establishment were the remarking will take place.

        3. An official representing the foreign inspection system affixes a new shipping mark/production code to these containers and provides a replacement certificate or other suitable documentation.

        4. The re-labeling of shipping containers will be done in accordance with FSIS labeling requirements under the supervision of import inspection personnel at an official FSIS import establishment.

        5. The importer or their representative will reimburse the Agency at the specified rate for the cost of the reinspection service furnished for re-labeling. Import inspection personnel will maintain copies of all requests for remarking by filing such requests with the applicable in plant case file.

  5. Re-Examination of the Lot

    After correcting label deficiencies on non-complying containers, the rejected lots will be re-offered for LVP examination. Import inspection personnel will select the appropriate sample size in accordance with Table A of this procedure and re-examine the lot. If the lot fails, it will be rejected for LVP. Final inspection results will be forward to headquarters for entry into the ACCESS data base.