BILL ANALYSIS Ó
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 1414 HEARING: 02/18/14
AUTHOR: Assembly Committee on AgricultureFISCAL: Yes
VERSION: 01/28/14 CONSULTANT: Anne Megaro
Pasteurized in-shell eggs: labeling (Urgency)
SUMMARY :
This bill would define "pasteurized in-shell eggs" and include
these eggs in the definition of an "egg handler." This bill
would exempt pasteurized in-shell eggs from current labeling
requirements for "shell eggs" and instead create new labeling
requirements and sell-by date criteria for pasteurized in-shell
eggs. This bill contains an urgency clause.
BACKGROUND AND EXISTING LAW :
Existing law:
Existing law provides for the regulation of egg and egg products
to assure that healthful, wholesome eggs of known quality are
sold in California, to facilitate the orderly marketing of shell
eggs in a uniform manner, and to prevent the marketing of
deceptive, adulterated, or mislabeled containers of eggs (Food
and Agriculture Code §27501 et seq.; Egg Products Inspection
Act, 21 USC §1031 et seq.).
The California Department of Food and Agriculture (CDFA) is
authorized to enforce regulations for shell eggs and egg
products produced, shipped, or sold in California. The Egg
Safety and Quality Management Program ensures that eggs sold in
California are properly handled, transported, refrigerated, and
labeled for quality, origin, grade and size. Egg handlers are
required to register with CDFA and pay an assessment not to
exceed $0.15 for each 30 dozen eggs sold, with exceptions.
Moneys received by the secretary shall be used only for the
administration and enforcement of these provisions.
Existing law provides for the Shell Egg Advisory Committee that
shall advise the secretary of CDFA on all matters pertaining to
standards for shell eggs, including quality of shell eggs,
sampling, inspection, fees, budget, and components of the Egg
Quality Assurance Plan.
The Sherman Food, Drug, and Cosmetic Law requires the California
Department of Public Health (CDPH) to regulate the manufacture,
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production, processing, packing, labeling, sale, and advertising
of any food, drug, device, or cosmetic. The Sherman Act also
specifies labeling requirements for individual food products and
defines the misbranding of food if its label is false or
misleading (Health and Safety Code §110660).
Existing law requires a "sell-by" date for shelled eggs to be no
greater than 30 days excluding the day of packing (Food and
Agriculture Code §27644).
Pasteurized eggs currently in statute:
The California Retail Food Code excludes from the definition of
a potentially hazardous food a shell egg that is not hard boiled
but has been pasteurized to destroy all viable salmonella
(Health and Safety Code §113871).
Existing law requires licensed health care facilities, school
cafeterias, and ready-to-eat foods prepared at a food facility,
with specified exceptions, to substitute pasteurized eggs or
pasteurized egg products for raw shell eggs in the preparation
of foods such as Caesar salad, hollandaise or béarnaise sauces,
mayonnaise, egg nog, ice cream, and egg-fortified beverages that
are not thoroughly cooked (Health and Safety Code §114012 and
114091).
Salmonella background:
Salmonella is a bacterium that may be found in uncooked or
undercooked foods of animal origin, such as eggs, beef, poultry,
and milk. The Centers of Disease Control and Prevention (CDC)
estimate that 42,000 cases of salmonellosis are reported in the
United States each year and 400 persons die from acute
salmonellosis. The actual number of total infections may be 29
or more times greater when considering undiagnosed and
unreported cases. To prevent salmonella infection, the CDC
recommends cooking poultry, ground beef, and eggs thoroughly as
well as avoiding cross contamination when handling these
products.
Existing regulations:
Existing state and federal regulations define "treatment" of
eggs to mean a technology or process that achieves at least a
5-log destruction of Salmonella Enteritidis (SE) for shell eggs.
Such treated eggs are exempt from specified regulations
including transportation, SE prevention measures, and "safe
handling instructions" labeling; however, treated eggs are not
exempt from specified refrigeration or registration requirements
(3 CCR §1350 et seq.; 21 CFR §115.50; 21 CFR §118 et seq.; 21
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CFR 101.17(h)).
In accordance with the Egg Products Inspection Act, the Food and
Drug Administration (FDA) criterion for pasteurization is a
5-log reduction in salmonella, which is an approved process
under the definition of "treatment," above. Processors must
demonstrate the effectiveness of their pasteurization process by
obtaining and providing FDA data which show that their process
resulted in the required reduction in salmonella count.
Additionally, processors will also be required to demonstrate
that product integrity can be ensured after pasteurization (62
FR 49955).
USDA Grademark and Certified Pasteurized stamps:
The United States Department of Agriculture (USDA) Agricultural
Marketing Service (AMS) allows for the use of a "Produced From"
grademark to officially identify products produced from U.S.
Grade AA or Grade A shell eggs "for which there are no U.S.
grade standards (e.g. pasteurized shell eggs)." Additionally,
the USDA "Certified Pasteurized" stamp may be used to identify
pasteurized eggs that have been processed in accordance with
established pasteurization processing requirements described
above (63 FR 13329; 7 CFR §56.36; 62 FR 49955).
PROPOSED LAW :
This bill:
1. Defines "pasteurized in-shell eggs" to mean in-shell
eggs that have been pasteurized by a method approved by the
FDA or CDFA.
2. Adds pasteurized in-shell eggs to the definition of an
egg handler.
3. Excludes pasteurized in-shell eggs from the definition
and labeling requirements for "shelled eggs."
4. Creates new labeling requirements for pasteurized
in-shell eggs that allows for a sell-by date not to exceed
75 days from the date of pasteurization, requires
identification of the eggs as pasteurized, and requires
processors of such eggs to complete an appropriate
shelf-stability study that includes public health and
safety criteria which shall be made available to CDFA or
the State Department of Public Health upon request.
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5. Specifies that a food is misbranded if its labeling does
not conform to the requirements for pasteurized in-shell
egg labeling as defined in this bill.
6. Excludes labeling requirements for pasteurized in-shell
eggs that are packaged for interstate commerce to a state
or federal agency that requires a different format for the
sell-by or best-if-used-by date, and the egg processor
utilizes that format.
7. Requires CDFA, in consultation with the Shell Egg
Advisory Committee, to establish a plant identification
numbering system and assign identification numbers to all
pasteurized in-shell egg handling facilities.
COMMENTS :
According to the author, "The U.S. Food and Drug Administration
have approved an in-shell egg pasteurization process that can
safely extend the shelf life of in-shell eggs. Current
California sell-by date labeling requirements for all in-shell
eggs is 30 days after packaging. There is no distinction given
to in-shell pasteurized eggs."
According to those in support, "pasteurized eggs, which have
been treated against harmful salmonella, are removed from store
shelves well before raw eggs which have no such protection. It
is the California consumer who is being hurt by not having
access to this safer product."
Federal definition of pasteurized eggs:
According to a final rule published by the FDA in 2009, both FDA
and the USDA Food Safety Inspection Service (FSIS) are
"evaluating additional measures to improve egg safety, and FSIS
intends to issue proposed rules in the near future for egg
products plants and egg handlers, including egg handlers who
operate in-shell pasteurization treatments" (74 FR 33030).
However, a specific definition and standard of identity for
pasteurized in-shell eggs does not currently exist in federal
regulation (21 CFR 160). This bill would provide this
definition in California statute to distinguish between shell
eggs and pasteurized in-shell eggs sold in this state.
Court petition:
A recent petition for writ of administrative mandate questioned
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whether pasteurized shell eggs must be labeled with a sell-by
date not to exceed 30 days as currently required by law. The
court concluded that it is clear that pasteurized shell eggs
fall within the statutory definition of "eggs" in the Food and
Agriculture Code; therefore, all in-shell chicken eggs must be
labeled accordingly (M.G. Waldbaum Company v. CDFA No.
34-2012-80001114. Sacramento Superior Court, Filed April 17,
2012).
Sell-by date:
This bill would extend the sell-by date for pasteurized in-shell
eggs from 30 days to no greater than 75 days. Processors would
be required to provide a shelf-stability study verifying that
the extended sell-by date meets public health and safety
standards. Although not currently required by law,
shelf-stability studies are used by food manufacturers to best
determine sell-by dates to avoid deterioration and decomposition
of their products in the marketplace. Any decomposed food would
be considered adulterated under existing state and federal law,
and the sale of such food constitutes a violation (Health and
Safety Code §110560; 21 USC §1033(a)(3)).
RELATED LEGISLATION :
AB 1069 (Agriculture) Chapter 283, Statutes of 2003. Creates a
new procedure for regulating out-of-state egg shippers.
AB 2981 (Agriculture) Chapter 535, Statutes of 2002. Clarifies
compliance with federally-required labeling for safe-handling
instructions for eggs.
AB 593 (Cardoza) Chapter 403, Statutes of 1997. Improves the
quality controls under which fresh eggs are handled,
transported, and marketed.
PRIOR ACTIONS :
Prior actions not applicable.
SUPPORT :
National Pasteurized Eggs, Inc.
OPPOSITION :
None received
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