DEFINITIONS

The terms and reinspection requirements outlined below are to help the Food Safety and Inspection Service (FSIS) import inspection personnel distinguish between shell egg and egg products as identified in the provisions of the Egg Products Inspection Act (EPIA).

Egg is defined as the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.

• Shell egg shipments destined for the ultimate consumer must comply with ambient air temperature and labeling requirements that indicate refrigeration is required.

• Shell eggs labeled “for breaking” must be directed to an approved breaking operation under FSIS jurisdiction in the United States.

• For additional information regarding eggs for breaking, eligible countries, and disease restrictions, please refer to the attached website regarding USDA/APHIS requirements http://www.aphis.usda.gov/ppq/manuals/port/pdf_files/APM_in_PDF/03-06-Eggs.pdf..

• Products which contain eggs in relatively small amounts, or have historically in the judgment of the Secretary not been considered by consumers as products of the egg food industry, are exempt from FSIS re-inspection. These egg products are exempt, provided such products are prepared from inspected egg products, and the egg products are under the jurisdiction of the Food and Drug Administration (FDA). Examples of the exempt egg products are: freeze-dried products, imitation egg products, egg substitutes, dietary foods, dried no bake custard mixes, noodles, milk and egg dip, cake mixes, and French style toast and sandwiches containing eggs or egg products.

• Also exempt from FSIS re-inspection are ethnic delicacies such as Baluts

NOTIFICATION OF SHIPMENT OF SHELL EGG SHIPMENTS

1. Prior to entry into the United States, the customs broker will submit Form PY-222, Import Request (Shell Eggs), and the shell egg foreign health certificate. The documents will be submitted to the Agriculture Marketing (AMS) Service Regional Office and the FSIS Regional Import Field Office (RIFO) located at applicable U.S. port of entry. The PY-222 will include the approximate time and place of arrival for the consignment.

VERIFICATION OF DOCUMENTATION

1. Once the shell egg shipment has arrived at the port of entry, the customs broker or their representative must provide the completed original AMS Form PY-222 and shell egg foreign health certificate to FSIS import inspection personnel.
   
   The foreign health certificate must include the following:

   1. Country exporting product

   2. City and date where issued

   3. Quality or description of eggs

   4. Number of cases and total quantity

   5. (5) Identification marks on container

   6. Name and address of exporter

   7. Name and address of importer

   8. Certification that the quality or description of the shell eggs is true and accurate

   9. Name, (including signature) and title of person authorized to issue inspection certificates for shell eggs exported to the United States.

   10. Certification the product has been stored and transported under refrigeration at an ambient temperature not to exceed 45°F (7.2°C).

2. The following procedures will apply for foreign health certificates that do not include the required information listed in VI.A. (1-10) of this procedure.

   1. FSIS import inspection personnel will immediately place the shipment on hold, and they must notify Regional AMS personnel and FSIS import supervisory personnel.

   2. Regional import supervisory personnel will immediately notify the customs broker, and will inform them of any deficiencies on the foreign health certificate as outlined in VI.A. (1- 10) of this procedure.

   3. The customs broker will be responsible for notifying all other involved parties.

   4. If required, certification information is not included; however, the temperature verification must still be performed and recorded.
       

RE-INSPECTION

FSIS import inspection personnel will perform temperature and label verification for each shipment of imported shell eggs.

1. Temperature Verification
   
   FSIS Import inspection personnel will:

   1. Place the calibrated thermometer in a randomly selected area that is located immediately next to the product in the transport unit,

   2. Close the door immediately,

   3. Leave the calibrated thermometer in the transport unit a minimum of 5 minutes to obtain an accurate temperature reading,

   4. Verify the ambient temperature reading for compliance,

   5. Initial, date, and record temperature in the "Initial if Passed", column on the AMS Form PY-222 adjacent to "B. Non-Restricted Shell Eggs" section of form when ambient temperature requirements are met.

      1. The customs broker will provide the RIFO with a final copy of the AMS Form PY-222; indicating the release of the shell egg consignment by Customs and Border Protection (CBP) within 10 days of inspection.

   6. FSIS import inspection personnel will apply documentation and control procedures in the following manner when ambient temperature requirements are Not met:

      1. Complete the "Refused Entry and/or Detained" portion of the AMS Form PY-222. Record the number of containers, quantity, cause, and disposition in the designated space adjacent to "B. Non-Restricted, Shell Eggs" section of the form,

         • Import inspection personnel must include the recorded temperatures in this designated space and initial.

      2. Refused entry on all shell egg lots that do not meet temperature requirements,

      3. Notify immediately the appropriate FSIS regional import field supervisor (RIFS) or designee and regional AMS personnel,

      4. The RIFS will immediately notify the customs broker of the violation,

      5. The customs broker will be responsible for notifying all involved parties of the temperature violation.

2. Label Verification
   
   FSIS Import inspection personnel will:

   1. Perform label verification after completion of temperature verification,

   2. Select one shipping container randomly for label verification. The shipping container and immediate container shall include the words "keep refrigerated" or words of similar meaning.

   3. Any lots that do not meet labeling requirements will be placed on hold by FSIS.
      
      The following procedures will apply:

      1. FSIS import inspection personnel will immediately place the shipment on hold and will notify Regional AMS personnel and the RIFS or designee,

      2. The RIFS or designee will immediately notify the customs broker of the violation,

      3. The customs broker will be responsible for notifying all involved parties,

      4. Instructions for holding and re-labeling will be issued on a case by case basis. Options available for a labeling deficiency may include re-labeling of product under FSIS or AMS supervision.

3. Completion Instructions for Temperature and Label Verification

   1. The FSIS import inspector will fax a copy of the PY-222 to the Regional Import Field Office which will include the recorded temperature and documentation verifying label compliance.

   2. The FSIS import inspector will send via e-mail to the "import inspection mailbox" the following documented information: temperature, label verification compliance, health certificate number, country of origin, importer, inspection location, and date of inspection.
       

REFUSED ENTRY DOCUMENTATION

1. FSIS import inspection personnel will document all refused entry product on FSIS Form 9840-3, Refused Entry Notification. Import inspection personnel must also verify final product disposition and use FSIS Form 9840-4, Voluntary Destruction of Imported Meat and Poultry Products, when applicable. Import inspection personnel will verify destruction or re-exportation of refused entry product within the 30 day time limit as stated in 9 CFR 590.945

2. For products found not to be in compliance with shell egg requirements, a retain tag must be used for identification and control. Likewise, a retain tag must be used for products held for further examination.

3. Refused entry products will be officially stamped, "United States Refused Entry" under the supervision of FSIS import inspection personnel.

4. The following options, as selected by the importer, will be used for the disposal of products that are refused entry because of failure to be stored and/or transported under refrigeration at an ambient temperature, not to exceed 45°F (7.2°C), or have not met labeling requirements.

   1. The refused entry product will be destroyed under USDA/FSIS supervision. The importer will be charged at an established fee rate for time of destruction supervision and any related expenses.

   2. The refused entry product will be sent to an egg facility to be handled as inedible product. In this case, inedible eggs that are not decharacterized for shipment in commerce must be shipped under USDA seal along with the foreign health certificate. A description of the product must be provided in accordance with applicable statutes and must describe USDA/FSIS verification of the breaking of the eggs for further processing as inedible product. The importer will be charged at an established fee rate for USDA verification time and any related expenses.

   3. The shipment will be identified as "Imported Restricted Eggs". The product will be shipped under USDA seal to an approved FSIS egg product processing facility and can be processed for human consumption.

   4. The owner or consignee may choose to have the product return to the originating country or a third party country; provided this country will permit entry of U.S. refused entry product.
       

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