The United States food safety system is a complex web of regulations, and perhaps no product illustrates this better than the humble egg. The regulation of eggs in the U.S. is a shared responsibility between the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA), a division that can often lead to confusion and overlap.
The FDA’s jurisdiction over eggs comes from the Federal Food, Drug, & Cosmetics Act, which authorizes the agency to protect consumers against impure, unsafe, and fraudulently labeled food, including shell eggs. The FDA regulates the production, transportation, and storage of shell eggs, as well as on-farm activities of laying hens, requiring written plans that outline a farm’s Salmonella prevention practices.
The USDA’s authority, on the other hand, is derived from the Egg Products Inspection Act (EPIA) of 1970. The USDA regulates egg products through its Food Safety and Inspection Service (FSIS), and both administers the voluntary egg grading program and inspects shell egg facilities through the Agricultural Marketing Service (AMS). The EPIA was amended in the 1990s after a Salmonella outbreak, directing the USDA to establish refrigeration and labeling rules for shell eggs.
Understanding the regulatory maze of eggs requires a clear definition of what constitutes an egg. According to the EPIA, an egg is the “shell egg of the domesticated chicken, turkey, duck, goose, or guinea,” while egg products are “dried, frozen, or liquid eggs.” The distinction is crucial as it determines which agency has jurisdiction.
On the farm, animal welfare concerns and living conditions are governed by state law. However, USDA’s Animal and Plant Health Inspection Service administers the voluntary National Poultry Improvement Plan, which works to improve poultry and poultry products by establishing standards for the evaluation of poultry breeding stock. The FDA’s Egg Safety Rule, finalized in 2019, requires the implementation of Salmonella Enteriditis (SE) prevention measures to protect eggs on the farm from contamination.
The EPIA mandates that plants where shell eggs are packed for the ultimate consumer are inspected at least once a calendar quarter. AMS conducts these inspections through the Shell Egg Surveillance Program, confirming that shell eggs are being held under refrigeration and contain proper labeling. The FDA is required to inspect egg packing facilities other than plants, such as food manufacturing establishments, institutes, and restaurants.
One notable distinction is that FSIS mandates every product under its jurisdiction be inspected for safety before it can enter commerce, while the FDA engages in periodic and less frequent inspections. This results in shell egg packing facilities under AMS regulation being inspected approximately four times a year, while facilities under FDA authority are inspected every three to five years.
AMS operates a voluntary shell egg grading program that provides a national grading service based on official U.S. standards, grades, and weight classes for shell eggs. This program uses official USDA graders to evaluate the quality of shell eggs and assign them a grade. The U.S. Grade categories are AA, A, or B – with AA being the highest quality and B being the lowest. The quality is determined on both the external appearance and condition of the shell and the interior quality of the yolk and albumen (white).
The complex regulatory landscape of eggs in the U.S. ensures that consumers have access to safe and high-quality products. However, the shared jurisdiction and overlapping responsibilities can lead to confusion and inefficiencies. As the food safety system continues to evolve, it is crucial for regulators, industry stakeholders, and consumers to understand and navigate this intricate web of regulations.