The National Chicken Council’s 5-Year Wait for USDA’s Decision on Surplus Broiler Eggs
Imagine waiting for 5 and a half years to hear back about an important request. Well, that’s exactly what the National Chicken Council (NCC) had to endure before learning that the USDA’s Food Safety and Inspection Service (FSIS) had denied their petition regarding surplus broiler eggs.
A Plea for Coordination
Back on May 8, 2018, the NCC reached out to FSIS, urging the agency to collaborate with the U.S. Food and Drug Administration (FDA) to exercise enforcement discretion. Their goal was to allow surplus broiler eggs to be processed into egg products under FSIS jurisdiction.
Specifically, the NCC wanted FSIS and FDA to work together to exempt surplus broiler hatching eggs from refrigeration requirements. Instead, they proposed relying on FSIS’ egg products regulations to control for Salmonella.
The Problem at Hand
The NCC highlighted the issue at hand, explaining that historically, the broiler industry sent surplus hatching eggs for processing at egg-breaking plants. These eggs were pasteurized under FSIS jurisdiction and oversight, but not intended for the table egg market.
However, in 2009, the FDA implemented a rule mandating the refrigeration of shell eggs, including surplus broiler eggs sent for breaking, shortly after they were laid. This posed a problem because refrigerating broiler eggs prevented them from hatching. The timing of refrigeration under the FDA rule clashed with the necessary conditions for broiler eggs to hatch.
As a result, the broiler industry had to discard surplus eggs instead of sending them to breakers. This not only cost the industry over $25 million annually but also kept billions of eggs out of the egg-breaking market unnecessarily.
Enforcement Discretion for a Strained Egg Supply
The NCC emphasized the need for enforcement discretion due to constraints on the egg supply and rising prices caused by the highly pathogenic avian influenza (HPAI) outbreak. They believed that granting their request would alleviate pressure on the egg supply without compromising consumer safety.
However, on June 12, 2023, the FDA denied the NCC’s petition, stating that the requested action would not maintain the same level of public health protection as their own egg safety rule.
Later, on November 3, 2023, the FSIS also denied the NCC’s petition. The FSIS explained that its authority to regulate egg products comes from the Egg Products Inspection Act (EPIA). This act directs the Secretary of Agriculture to maintain an inspection program ensuring the safety, wholesomeness, and proper labeling of egg products.
Dual Jurisdiction and the Quest for Food Safety
It’s worth noting that the FDA’s authority lies under the Federal Food, Drug, and Cosmetic Act (FFDCA), which ensures the safety of the United States’ food supply, excluding meat, poultry, and egg products.
Due to the FDA’s jurisdiction over shell eggs, FSIS must defer to the FDA when it comes to requests regarding their use.
The dual jurisdiction of eggs serves as a prime example of how a single agency could potentially enhance food safety measures.
Conclusion
In conclusion, the National Chicken Council’s plea for coordination and a timely decision from the USDA regarding surplus broiler eggs has been denied, leading to significant consequences for the egg supply and industry costs. The 5-year wait for a decision has created uncertainty and challenges for the chicken industry, as they struggle to manage the surplus eggs and maintain profitability. This situation highlights the importance of effective communication and collaboration between industry stakeholders and government agencies to ensure the smooth functioning of the poultry industry. It is crucial for future decisions to be made in a timely manner to prevent such disruptions and mitigate the impact on the industry and consumers alike.
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