wa-26-20-084: Agriculture, Department of — WSR 26-20-084

WSR 26-20-084 (26-20)WSR 26-20-084PROPOSED RULESDEPARTMENT OF AGRICULTURE[Filed October 5, 2026, 4:09 p.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-11-045.Title of Rule and Other Identifying Information: Chapter 16-104 WAC, Shell eggs—Standards, grades and weight classes. The department of agriculture (department) is proposing amending the rule by: • Establishing the exemptions permitted under RCW 69.25.170; • Allowing for changes in inspection frequency when the established frequency contributes to or exacerbates the presence or probable danger of infection from any animal diseases as determined by the state veterinarian under RCW 16.36.070;• Adding and aligning requirements related to good manufacturing practices and facility requirements; • Defining and clarifying the cooperation and alignment of inspection frequencies with other government agencies;• Organizing labeling requirements; and• Revising the language to increase clarity and readability and to conform with current industry practices. Hearing Location(s): On November 10, 2026, at 1:00 p.m., via Microsoft Teams meeting at https://teams.microsoft.com/meet/292263734205073?p=2gK9IxESFS2NpBpWvA, Meeting ID 292 263 734 205 073, Passcode bo3W3ju6; or dial in by phone at +1 564-999-2000,,503757855# United States, Olympia, Phone Conference ID 503 757 855#.Date of Intended Adoption: November 17, 2026.Submit Written Comments to: Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by November 3, 2026.Assistance for Persons with Disabilities: Contact Leah Cloward, phone 360-902-2070, TTY 800-833-6388, email leah.cloward@agr.wa.gov, by November 3, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule was originally adopted decades ago by a department that had a dedicated egg inspection program to establish, inspect, and enforce standards, grades, and weight classes for eggs and the facility, operation, storage, and labeling requirements for the multiple types of egg facilities in Washington. This rule was modeled after the original federal Egg [Products] Inspection Act. The federal act has been updated. The federal act was written for large egg businesses and exempts all small egg producers/packers. Our state rule does not exempt small egg producers/packers and currently requires small egg producers/packers to meet the requirements designed for large egg producers/packers. The current rule was written without establishing any exemptions permitted by RCW 69.25.170.The current rule needs amending to align with updated federal standards, to establish exemptions, to provide practical requirements for small egg businesses, to revise the language to increase clarity and readability, and to conform with current industry practices.Chapter 69.25 RCW gives the director broad authority to adopt any rule and regulation necessary to carry out the purpose and provisions of this chapter and specifically grants the director the authority to provide exemptions to various parts of the law by rule. The proposed rule establishes and details these exemptions. Exemptions:•The following direct to consumer sales groups would be exempt from endorsement and inspection by the department:oSmall poultry and egg producers and packers with flocks of 3,000 hens or less who only sell shell eggs direct to consumers on their farm.oA food service or retail establishment that sells or prepares shell eggs only for consumption by the ultimate consumer.oBusinesses that don't meet the definition of an egg handler dealer.•The following would be exempt from the quarterly inspection requirements listed in RCW 69.25.080(4):oPoultry producers, shell egg packers, or producers/packers with an annual egg production from a flock of 3,000 or less egg-laying hens, regardless of species, who sell shell eggs into commerce away from their farms, such as at farmers markets or at stores.oThe department may inspect these facilities as the director deems appropriate to ensure compliance.•Facilities processing egg products would be exempt from the continuous inspection requirement listed in RCW 69.25.080.•RCW 69.25.110 forbids the selling of any restricted eggs in Washington state, which includes cracked, dirty, or inedible eggs. The federal standards for grading shell eggs allow for a small tolerance of restricted eggs. The proposed rule establishes an exemption allowing the sale, transportation, possession, or use of eggs containing no more restricted eggs than allowed by the tolerances in the official state/federal standards.Regardless of exemption status, the proposed rule clarifies that the department may inspect any egg operation in response to a foodborne illness outbreak, consumer complaint, or other public health emergency regardless of exemption. The proposed rule aligns with the current federal language addressing the large business facility requirements including: Minimum facility and operating requirements for shell egg grading and packing plants, grading and packing room requirements, cooler room requirements, shell egg protecting operations, shell egg cleaning operations, shipping containers, egg cartons, packing materials, and chemicals and compounds. The updates include removing the lengthy federal egg grading, size, and weight standards from the rule, which was also removed from the federal rule, but will continue to follow the standards by reference. The current law, written to address large businesses, has unreasonable enforceable requirements for small businesses. The proposed rule's updates provide reasonable requirements for small businesses including establishing practical facility requirements and good manufacturing practices for small egg operations. Other amendments added: •An egg handling section to align the Food and Drug Administration's salmonella enteritidis prevention measures in eggs.•A warehousing and distribution section to ensure safe egg storage and transportation practices.•A labeling section that does not change any labeling requirements, but organizes the labeling requirements currently scattered throughout multiple regulations.•A cooperation with other agencies section to avoid duplication of effort with United States Department of Agriculture (USDA) inspection and to work with the state veterinarian when dangerous diseases, such as highly pathogenic avian influenza (HPAI), threaten the state's egg supply.•A small definitions section referring to federal definitions previously undefined in the chapter 69.25 RCW.The department believes the rule updates align our state law with federal egg requirements, reduce the regulatory burden on small egg processors, align the food safety program's egg inspection work with current risk-based food assessment models, and establish an appropriate regulatory structure to support the growth of this industry while ensuring food safety and public health. Reasons Supporting Proposal: The rule updates align our state law with current federal requirements. The federal Egg [Products] Inspection Act (7 C.F.R. 57.35) prohibits a state from moving eggs into interstate or foreign commerce if that state requires the use of standards of quality, condition, grade, or weight classes which are in addition to or different than the official standards. This rule was modeled after the original federal Egg [Products] Inspection Act using language addressing large egg business operations because the federal rule exempts all small egg producers/packers. Our state rule does not exempt small egg producers/packers and currently requires small egg producers/packers to meet the same requirements designed for large egg producers/packers, including the expensive and burdensome requirements of having a dedicated facility with a grading room, a packing room, a refrigerated cooler room, and a restroom. The current rule requires complex and costly equipment, such as egg grading equipment, hygrometers, ventilation systems, and floor drains to meet operational and sanitation requirements. The current law has unreasonable enforceable requirements for small businesses, and these updates provide reasonable requirements for small businesses including establishing practical facility requirements and good manufacturing practices for small egg operations. The requirements are basic in design and cost to enable all small egg producers and/or packers to put shell eggs into commerce while maintaining good manufacturing practices. These practices have previously been shared as guidance by the department since 2008, which include using approved portions of a domestic residence, utilizing a dedicated refrigerator to keep eggs at adequate temperature, and using basic equipment and cleaning methods.By exempting small egg operations who will only sell eggs on their farm from endorsement and inspections, small egg producers are provided with a choice if they want government oversight or not over their shell eggs. Those who sell eggs away from their farm, such as at farmers markets or in stores, are subject to the endorsement and inspection requirements. All those who sell eggs, regardless of exemption status, are expected to meet basic food safety standards to protect public health and promote confidence in Washington's egg industry. Emerging animal diseases, including HPAI, have greatly impacted the recent availability and price of eggs, as well as the biosecurity of humans and animals in Washington state. The Washington state veterinarian's office encourages reducing the current quarterly inspection frequency of egg producers to minimize the unintentional spread of these devasting animal diseases throughout our communities. Furthermore, the rule was revised to increase clarity and readability for the benefit of the industry and the general public and to align with current industry practices. Labeling rules listed in multiple federal and state laws are now organized into a labeling section to reduce confusion and reaffirm basic requirements. This rule was established decades ago when the department had a dedicated egg inspection program. The initial rule did not include the exemptions allowed by chapter 69.25 RCW. The department's current structure no longer includes a dedicated egg inspection program. Instead, regulatory oversight of the egg industry is a portion of the work that the department's food safety program conducts, along with inspection of manufactured foods, food storage warehouses, milk processing plants, dairy producers, cottage food operators, cannabis-infused edibles processors, direct sellers, custom meat facilities, custom farm slaughterers, custom slaughtering establishments, hemp extract processors, and maple syrup processors. Given the food safety program's current general fund support, federal funding, and license and assessment revenue, there are not enough staff available to meet all the inspection obligations established in chapter 69.25 RCW for an egg industry that has over 1,000 endorsed egg handlers/dealers in the state. Adoption of these exemptions aligns the food safety program's egg inspection work with current risk-based food assessment models. This will free up inspection resources so they can be applied to higher risk food products and facilities.If these exemptions are not adopted, then additional resources, specifically full-time employees needed to accomplish the overwhelming number of egg facilities inspections per year, will be required. This will remove those resources, which are crucial to accomplish high risk food product inspections. Ultimately this puts the public (national and international) at higher risk for food borne illness, which then leads to a lack of confidence in Washington state's food system.Statutory Authority for Adoption: RCW 69.25.030, 69.25.080, 69.25.100, 69.25.170, and 16.36.040.Statute Being Implemented: Chapter 69.25 RCW.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Washington state department of agriculture, governmental.Name of Agency Personnel Responsible for Drafting: Dan Mason, 1111 Washington Street, Olympia, WA, 206-462-9262; Implementation and Enforcement: Angelique Finney, 1111 Washington Street, Olympia, WA, 509-316-6196.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. The department is not a listed agency under RCW 34.05.328 (5)(a)(i).Scope of exemption for rule proposal from Regulatory Fairness Act requirements:Is not exempt.The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed amendments primarily update, consolidate, clarify, and align Washington state shell egg requirements with existing federal, USDA, current state, and standard industry requirements. Most affected egg producers, producers/packers, shell egg packers, egg handlers/dealers, distributors, and retailers already operate at or above the proposed requirements for refrigeration, temperature monitoring, sanitation, handling, packaging, labeling, and storage. Accordingly, those businesses are not expected to incur incremental compliance costs.For the most affected group, endorsed egg handler/dealer producers with 3,000 or fewer laying hens that do not already meet equivalent standards, potential costs may include basic refrigeration and temperature monitoring, designated handling area, handwashing capability, private water source testing, packaging and label updates, sanitation supplies, etc. The rule, however, allows for lower cost compliance options, including the use of a garage, basement, or outbuilding as a designated work area; a noncommercial refrigerator; a portable handwashing system; and an insulated portable cooler with gel packs for distribution. Because the first year costs for these small producers range from $450 to $6,000, with a typical estimated range of $1,000 to $2,500, these costs are substantially below the applicable minor cost thresholds for both industries. Further, the proposed rule does not establish or increase any fees, assessment rates, or egg seal prices, and the proposed exemptions and USDA inspection equivalence may reduce regulatory/economic burdens for eligible businesses by avoiding unnecessary activities. Therefore, the proposed amendments collectively are not expected to impose more-than-minor costs on businesses.The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, TTY 800-833-6388, email wsdarulescomments@agr.wa.gov.October 5, 2026Laura T. WilderActing Assistant DirectorRDS-7407.2NEW SECTIONWAC 16-104-005Definitions.All of the definitions listed in RCW 69.25.020 as well as the federal definitions listed in 7 C.F.R. 56, 7 C.F.R. 57, 9 C.F.R. 590 apply to this chapter. The definitions apply throughout this chapter unless the context clearly otherwise requires.(1) "Potable water" means water that has been approved by a state health authority or other agency or accredited laboratory as safe for drinking and suitable for food processing.(2) "Producer/packer" means any producer who sorts eggs only from his own production and packs them into their various qualities.(3) "Shell egg packer" means any person engaged in the sorting of shell eggs from sources other than or in addition to the person's own production into their various qualities, either mechanically or by other means.AMENDATORY SECTION(Amending WSR 87-16-075, filed 8/4/87)WAC 16-104-130Washington state standards for quality of individual shell eggs—Application.(1) General. The Washington state standards for quality of individual shell eggs ((contained in this order)) are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.((Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determinations of the interior quality of shell eggs.(2) AA quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8 inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.(3) A quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16 inch in depth and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.(4) B quality. The shell must be unbroken, may be abnormal, and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be present.Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty."))Terms descriptive of the shell, including air cell, white, and yolk, general terms, general, grades, summary of grades, weight classes, and summary of standards are listed in the United States Standards, Grades, and Weight Classes for Shell Eggs maintained by the U.S. Department of Agriculture, as AMS 56. (United States Standards, Grades, and Weight Classes for Shell Eggs AMS 56 Effective July 20, 2000, and any subsequent addition.)AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-310Minimum facility and operating requirements for shell egg grading and packing plants.General requirements for premises, buildings, and plant facilities for those operating with shell eggs from any of the following fowl: A domesticated chicken, turkey, duck, goose, or guinea, or any other species of fowl. You must comply with all applicable federal, state and local government occupational safety and health regulations.(1) The outside premises shall be free from refuse, rubbish, waste, unused equipment, and other materials and conditions which constitute a source of odors or a harbor for insects, rodents, and other vermin.(2) The outside premises adjacent to grading, packing, cooler, and storage rooms must be properly graded and well drained to prevent conditions that may constitute a source of odors or propagate insects or rodents.(3) Buildings shall be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin, including all domestic pets, insects, rodents, birds, etc. ((This applies to:(a) All grading room areas.(b) Any storage areas for eggs or cases and cartons. Egg case and carton storage shall be clean and dry, free from dust or any odorous material that could be absorbed by cases or cartons.(2)))(4) Grading and packing rooms shall be of sufficient size to permit installation of necessary equipment and the conduct of grading and packing in a sanitary manner. These rooms shall be kept reasonably clean during grading and packing operations and shall be thoroughly cleaned at the end of each operating day.(((a) Floor shall be constructed of washable materials, tight, reasonably smooth, and in good repair.(b) Floor drains shall be provided where floors are subjected to flood type cleaning or where normal operations release or discharge water or liquid wastes onto the floor.(c) All floor areas shall be kept clean.(3) Adequate lavatory/toilet (restroom) accommodations shall be provided. Lavatory/toilet and locker rooms shall be maintained in a clean and sanitary condition. Hot and cold running water shall be provided. Rooms shall be ventilated to the outside of the building. Signs shall be posted in the restrooms instructing employees to wash their hands before returning to work. Lavatory/toilet rooms shall be equipped with handwashing facilities including soap and sanitary towels.(4)))(5) The floors, walls, ceilings, partitions, and other parts of the grading and packing rooms including benches and platforms shall be constructed of materials that are readily cleanable, maintained in a sanitary condition, and impervious to moisture in areas exposed to cleaning solutions or moist conditions. The floors shall be constructed as to provide proper drainage.(6) Adequate toilet accommodations which are conveniently located and separated from the grading and packing rooms are to be provided. Handwashing facilities shall be provided with hot and cold running water, an acceptable handwashing detergent, and a sanitary method for drying hands. Toilet rooms shall be ventilated to the outside of the building and be maintained in a clean and sanitary condition. Signs shall be posted in the toilet rooms instructing employees to wash their hands before returning to work. In new or remodeled construction, toilet rooms shall be located in areas that do not open directly into processing rooms.(7) A separate refuse room or a ((separate)) designated area for the accumulation of trash must be provided in plants which do not have a system for the daily removal or destruction of such trash.(((5) Areas subjected to moisture:(a) Wood benches, platforms, etc., in areas which are subjected to moisture shall be maintained in good repair or made from other construction materials impervious to moisture and odors.(b) Wood walls or partitions shall be maintained in good repair or be replaced with materials impervious to moisture and odor build up.(c) Newly constructed plants should be equipped with nonporous material benches, platforms, etc., in areas which are subjected to moisture. Wood benches, platforms, etc., are allowed when maintained in a sanitary, odor free condition.(6) Walls and ceilings:(a) Walls and ceilings shall be kept clean, in good repair and free of cobwebs and dust.(b) Ceiling shall be dust tight if space overhead is used for storage or other purposes.(7) Doors and windows: Effective means shall be provided to prevent entrance insofar as practicable of insects, rodents, birds or other vermin and dust.(8) Hygiene of personnel. Plant personnel coming into contact with shell eggs shall wear clean clothing, free from animal waste, dust, loose dirt or prohibited chemical contamination.))(8) Adequate packing and packaging storage areas are to be provided that protect packaging materials and are dry and maintained in a clean and sanitary condition.(9) Hygiene of personnel.(a) No person known to be affected by a communicable or infectious disease shall be permitted to come in contact with the product.(b) Plant personnel coming into contact with the product shall wear clean clothing.(c) Employees handling eggs must take every precaution to prevent contamination or cross contamination.(d) Employees shall use wash stations to clean their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-320Grading and packing room requirements.(1) The egg grading ((room))or candling area shall be adequately darkened to make possible accurate quality determination of the candled appearances of eggs. There shall be no other light source or reflection of light that interfere with, or prohibit the accurate quality determination of eggs in the grading or candling areas.(2) ((There shall be no crossbeams of light, and light reflection from candling lights shall be kept at a minimum.(3) Candling area/equipment shall be constructed so as to permit cleaning and provide ample shelf space for convenient placement of the different grades to be packed.(4) The candling lights shall be capable of delivering reasonably uniform intensity of light at the candling aperture to facilitate accurate quality determinations. In operations utilizing mechanical grading equipment, adequate light shall be provided to facilitate necessary quality determinations, including the detection and removal of stained and dirty shells and the condition of the packing material.(5) Individual egg scales shall be provided to check accuracy of weight classing.(6) Weighing equipment, whether manual or automatic, shall be kept clean and maintained in a manner to assure accurate operation.(7) Ventilation and lighting:(a) Adequate lighting shall be provided to assure accurate and safe grading room operations.(b) Adequate ventilation shall be maintained to keep the area free from undesirable odors, dust, and condensation.))The grading and candling equipment shall provide adequate light to facilitate quality determinations. When needed, other light sources and equipment or facilities shall be provided to permit the detection and removal of stained and dirty eggs or other undergrade eggs.(3) The grading and candling equipment must be sanitarily designed and constructed to facilitate cleaning. Such equipment shall be kept reasonably clean during grading and packing operations and be thoroughly cleaned at the end of each operating day.(4) Egg weighing equipment shall be constructed of materials to permit cleaning; operated in a clean, sanitary manner; and shall be capable of ready adjustment.(5) Adequate ventilation, heating, and cooling shall be provided where needed.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-330Cooler room requirements.(((1) After processing and grading, shell eggs packed in consumer containers shall be refrigerated at maximum of forty-five degrees Fahrenheit, ambient air temperature. All containers shall be clearly labeled with the words "keep refrigerated," in lettering as follows:Cartons: 1/8 inch minimumCases: 1 inch minimumBaskets and racks: 1 inch minimumThis provision shall apply to baskets, racks, cases and cartons acquired after June 1, 1992.(2) Accurate thermometers shall be provided in egg coolers and egg storage facilities to monitor required ambient air temperatures.(3) All shell egg coolers shall be equipped with a hygrometer or portable equipment such as a psychrometer to determine that relative humidity is at least seventy percent. When necessary, humidifying equipment capable of maintaining seventy percent relative humidity, to minimize shrinkage, shall be provided: Provided, That this requirement shall not apply to refrigerated vehicles used to transport shell eggs.(4) Egg coolers and egg storage facilities shall be free from objectionable odors and mold, and shall be maintained in a sanitary condition.(5) All facilities where eggs are offered for sale to consumers, shall be maintained in a clean and sanitary condition. Display and storage temperatures shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature.(6) Shell eggs stored prior to grading shall be refrigerated at a maximum of fifty-five degrees Fahrenheit ambient air temperature, when time prior to processing/grading exceeds twenty-four hours. When time during transport of ungraded eggs will exceed three hours, refrigeration at fifty-five degrees Fahrenheit maximum is required. Transport time of shell eggs prior to processing/grading of three hours or less in unrefrigerated vehicles is allowed, however, that time shall be included as part of the twenty-four hours.(7) Inedibles shall be held under refrigeration in covered containers, clearly labeled and stored to prevent possible odor contamination of graded or ungraded eggs.(8) Refrigeration is required during all transit of graded product when transit time will require an excess of two hours. Temperatures during all transit of graded product shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature.))(1) Cooler rooms holding shell eggs that are identified with a consumer grade shall be refrigerated and capable of maintaining an ambient temperature no greater than 45°F (7.2°C) and equipped with humidifying equipment capable of maintaining a relative humidity which will minimize shrinkage.(2) Accurate thermometers and hygrometers shall be provided for monitoring cooler room temperatures and relative humidity.(3) Cooler rooms shall be free from objectionable odors and mold, and shall be maintained in a sanitary condition.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-340Shell egg protecting operations.(1) Shell egg protecting (oil ((processing))application) operations shall be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.(((1)))(2) Component equipment within the shell egg protecting system, including holding tanks and containers, must be sanitarily designed and maintained in a clean and sanitary manner, and the application equipment must provide an adequate amount of oil for shell coverage of the volume of eggs processed.(3) Eggs with excess moisture on the shell shall not be shell protected.(((2)))(4) Oil having any off odor, or that is obviously ((rancid or)) contaminated, shall not be used in shell egg protection. Oil is to be filtered prior to application.(((3) Processing oil that has been previously used and which has become contaminated shall be filtered and heat treated at one hundred eighty degrees Fahrenheit for three minutes prior to reuse.(4) Shell egg protecting equipment shall be washed, rinsed, and treated with a bactericidal agent each time the oil is removed. It is preferable to filer and heat treat processing oil and clean processing equipment daily when in use.))(5) The component equipment of the application system shall be washed, rinsed, and treated with a bactericidal agent each time the oil is removed.(6) Adequate coverage and protection against dust and dirt shall be provided when the equipment is not in use.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-350Shell egg cleaning operations.(1) Shell egg ((cleaning equipment shall be kept in good repair and shall be cleaned after each day's use or more frequently, if necessary))washing equipment must be sanitarily designed, maintained in a clean and sanitary manner, and thoroughly cleaned at the end of each operating day.(2) Shell egg drying equipment must be sanitarily designed and maintained in a clean and sanitary manner. Air used for drying purposes must be filtered. These filters shall be cleaned or replaced as needed to maintain a sanitary process.(3) The temperature of the wash water shall be maintained at ninety degrees Fahrenheit or higher, and shall be at least twenty degrees Fahrenheit warmer than the internal temperature of the eggs to be washed. ((Rinse water temperature shall be at least ten degrees Fahrenheit warmer than the final wash water temperature.)) These temperatures shall be maintained throughout the cleaning cycle. Accurate thermometers shall be provided for monitoring wash water temperatures.(((3)))(4) An approved cleaning compound shall be used in the wash water. ((It must be approved by the United States Department of Agriculture or the Washington state department of agriculture. The use of metered equipment for dispensing the compound into solution is recommended.(4)))(5) Wash water shall be changed approximately every four hours, or more often if needed, to maintain ((cleanliness and)) sanitary conditions, and at the end of each shift. Remedial measures shall be taken to prevent excess foaming during the egg washing operation.(((5)))(6) Replacement water shall be added continuously to the wash water of washers ((to maintain a continuous overflow. Rinse water,)). Chlorine, or quaternary sanitizing rinse water may be used as part ((or all)) of the replacement water((:)), provided, ((That)) they are compatible with the washing compound. Iodine sanitizing rinse may not be used as part of the replacement water.(((6) Water supply shall be of a safe sanitary quality. Only potable water under two parts per million iron content shall be used, without equipment to correct the excess. Water under pressure shall be available to grading and candling area or room for cleaning purposes. Frequency of testing for potability of the water supply shall be determined by the director, however, must also comply with state and local health department requirements.))(7) Only potable water may be used to wash eggs. Each facility shall retain certification stating that their water supply is potable. An analysis of the iron content of well and municipal water supply, stated in parts per million, is also required. When the iron content exceeds 2 parts per million, equipment shall be provided to reduce the iron content below the maximum allowed level. When the water source is changed, new tests are required.(8) Waste water from the egg washing operation shall be ((continuously removed through appropriate drains to prevent standing water from accumulating))piped directly to drains.(((8)))(9) The washing, rinsing, and drying operations shall be continuous and shall be completed as rapidly as possible to maximize conservation of the egg's quality and to prevent sweating of eggs. Eggs shall not be allowed to stand or soak in water. Immersion-type washers shall not be used.(((9)))(10) Prewetting shell eggs prior to washing may be accomplished by spraying a continuous flow of water over the eggs in a manner which permits the water to drain away, or other methods which may be approved by the director. The temperature of the water shall be the same as prescribed in ((subsection (2) of)) this section.(((10)))(11) Washed eggs shall be spray rinsed with ((warm water containing an approved sanitizer of not less than 50 p/m nor more than 200 p/m of available chlorine or its equivalent.(11)))water having a temperature equal to, or warmer than, the temperature of the wash water. The spray-rinse water shall contain a sanitizer that has been determined acceptable for the intended use and of not less than 100 p/m nor more than 200 p/m of available chlorine or its equivalent. Alternate procedures, in lieu of a sanitizer rinse, may be approved by the director.(12) Test kits shall be ((available))provided and used to determine the strength of the sanitizing solution.(((12)))(13) During ((any rest period or other line shutdown, preventative measures shall be taken to prevent overheating and/or partial cooking of eggs in the washing, rinsing, and scanning areas.(13)))nonprocessing periods, eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat that may diminish the quality of the egg.(14) Washed eggs shall be reasonably dry before ((cartoning or casing))packaging and packing.(((14) When steam or vapors originate from the washing operation, they shall be continuously and directly removed to the outside of the building.(15) Every reasonable precaution should be exercised to prevent "sweating" of eggs.(16) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean and in good repair.(17) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used.))(15) Steam, vapors, or odors originating from the washing and rinsing operation shall be continuously and directly exhausted to the outside of the building.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-360Shipping containers, egg cartons, and packing materials.((Eggs which are to be distributed with consumer grademarks shall be packaged only in new or good used cases, baskets or racks. They shall be clean, and have sufficient strength and durability to protect the eggs during normal distribution. Reuse of egg cartons or flats after distribution to a consumer outlet shall not be allowed. Used flats may be used for transporting and/or holding nest-run or restricted eggs prior to grading or breaking.))(1) Shell eggs that are officially identified with a grademark or shell eggs packaged for sale shall be placed under refrigeration at an ambient temperature no greater than 45°F (7.2°C) promptly after packaging.(2) Eggs which are to be distributed including those with consumer grade marks shall be packed only in new or good used packing material and new packaging materials that are clean, free of mold, mustiness and off odors, and must be of sufficient strength and durability to adequately protect the eggs during normal distribution. When packed in other than fiber packing material, the containers must be of sound construction and maintained in a reasonably clean manner.AMENDATORY SECTION(Amending WSR 92-01-091, filed 12/17/91, effective 1/17/92)WAC 16-104-370Chemicals and compounds.((The following list of compounds shall be handled in accordance with the manufacturers' instructions. They shall be stored away from the grading area and not be allowed to come in contact with the shell eggs being processed, or with egg cases or cartons: Pesticides including herbicides, insecticides, fungicides and rodenticides; inks, oils, cleaning compounds, foam control agents, sanitizers, and any common cleaners used in the plant.This paragraph is not intended to prohibit eggs being contacted by certain materials when those materials are used in the normal shell egg cleaning and sanitizing process and the materials have been authorized for such usage in the "List of Proprietary Substance and Non-Food Compounds Authorized for Use Under USDA Inspection And Grading Program."))(1) All egg washing and equipment cleaning compounds, defoamers, destainers, sanitizers, inks, oils, lubricants, or any other compound that comes into contact with the shell eggs shall be approved for their specified use and handled in accordance with the manufacturer's instructions.(2) All pesticides, insecticides, and rodenticides shall be approved for their specified use and handled in accordance with the manufacturer's instructions.NEW SECTIONWAC 16-104-380Egg handling.(1) Eggs intended to be sold as shell eggs must be held at or below 45°F ambient temperature beginning 36 hours after time of lay.If the eggs are to be sold as shell eggs and are not processed for the ultimate consumer within 36 hours from the time of lay and, therefore, are held and transported as required at or below 45°F ambient temperature, then you may then hold them at room temperature for no more than 36 hours just prior to processing to allow an equilibration step to temper the eggs.(2) Inedibles shall be held under refrigeration in covered containers, clearly labeled and stored to prevent possible odor contamination of graded or ungraded eggs.(3) Every reasonable precaution should be exercised to prevent "sweating" of eggs.(4) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary design and constructed to facilitate cleaning, and kept clean and in good repair.(5) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used.NEW SECTIONWAC 16-104-390Warehousing and distribution.(1) Storage and transportation of eggs must be under conditions that will protect against:(a) Allergen cross-contact;(b) Biological, chemical, and physical contamination of food; and(c) Deterioration of the shell eggs and the container.(2) Storage areas holding shell eggs shall be refrigerated and capable of maintaining an ambient temperature no greater than 45°F (7.2°C).(3) Accurate thermometers shall be provided for monitoring storage area temperatures.(4) Storage areas shall be free from pests, objectionable odors and mold, and shall be maintained in a sanitary condition.(5) Each retailer and each distributor shall store shell eggs awaiting sale or display eggs:(a) Under clean and sanitary conditions in areas free from pests such as rodents and insects.(b) Shell eggs must be stored up off the floor away from strong odors, pesticides, and cleaners.(c) Display and storage temperatures shall be maintained at a maximum of 45°F ambient air temperature.(6) Refrigeration is required during transit of shell eggs when transit time will require an excess of two hours. Temperatures during all transit of shell eggs shall be maintained at a maximum of 45°F ambient air temperature.NEW SECTIONWAC 16-104-400Labeling.All cartons or containers of shell eggs packaged for sale into commerce shall be labeled with the following information prominently and conspicuously, but in no case may the letters and/or numbers be less than one-sixteenth inch in height:(1) The name of product, "eggs."If not from a chicken, name the type of fowl that laid the eggs such as "duck egg."(2) The name and address of the business of manufacturer, packer, or distributor.(3) An accurate statement of the quantity of shell eggs.(4) The quality or description of chicken shell eggs (grade and size) as defined in the United States Standards, Grades, and Weight Classes for Shell Eggs.If not graded or weighed, no grade or size shall be placed upon the container.(5) All containers shall be clearly labeled with the words "keep refrigerated," in lettering as follows:Cartons: 1/8 inch minimumCases: 1 inch minimumBaskets and racks: 1 inch minimum(6) The label of all shell eggs, whether in intrastate or interstate commerce, shall bear the following statement:"SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly."(a) This label statement required by this subsection shall appear prominently and conspicuously, with the words "SAFE HANDLING INSTRUCTIONS" in bold type, on the principal display panel, the information panel, or on the inside of the lid of egg cartons.(b) Cartons that display the safe handling instructions inside the lid must have a separate refrigeration statement "KEEP REFRIGERATED" prominently displayed on the exterior of the container.(7) Nutrition facts labeling is required when a nutritional claim or information is presented on the labeling or advertising.(8) The container must bear a "packed on" date, a "sell by" date, or a "use by" date or similar terminology:(9) The WA state assessment identification number shall be legibly displayed on the carton or container.(a) If the packer does not have a WA state assessment identification number, a WA state egg seal must be applied to each carton.(b) Egg seals shall not be required in the sale of eggs per WAC 16-108-050 by:(i) Any poultry producer from their own flocks directly to a household consumer exclusively for use by such consumer and members of their household and their nonpaying guests and employees; and(ii) Shell egg packers on their own premises directly to a household consumer for use by such consumer and members of their household and their nonpaying guests and employees.(c) No egg handler or dealer may use a container that bears the assessment identification number of another egg handler or dealer unless such number is totally obliterated prior to use. See RCW 69.25.310(2) for a temporary exemption.(10) Cases of loose eggs for retail sale shall be labeled with the same information as required on cartons.The required carton information must be readily available for customers at the point of sale of loose eggs.(11) No false advertising or labeling misleading to the consumer shall be permitted on shell eggs or on cases or cartons of shell eggs (including cage free statements).(12) No advertising misleading to the consumer shall be permitted.(13) Documentation supporting product claims such as production practices and nutritional enhancement shall be provided.NEW SECTIONWAC 16-104-410Egg producer with 3,000 or fewer laying hens.A shell egg producer or producer/packer with a total of 3,000 or fewer laying hens, regardless of species, must meet these basic food safety requirements. The requirements of this section are intended to provide food safety standards appropriate to small egg-producing operations.(1) Facilities.(a) Egg handling must be conducted in a designated work area separate from domestic living areas. The designated work area may be located in a basement, garage, outbuilding, or other suitable area. Domestic kitchens, laundry rooms, and bathrooms may not be used as designated egg-handling work areas.(b) The designated work area must have a smooth, durable, and easily cleanable work surface maintained in good repair. The work surface must be cleaned and sanitized before each use.(c) Sinks, drain boards, utensils, and other equipment used for egg handling must be maintained in a sanitary condition and cleaned and sanitized before each use.(d) Packaging materials, utensils, and equipment must be stored in a manner that protects them from contamination, including moisture, dust, insects, and strong odors.(e) Potable water must be used for egg handling activities. Water from an individual or private water supply must receive a satisfactory bacteriological test for coliform bacteria at least annually. Commercially bottled potable water may be used instead.(f) Toilet facilities must be conveniently located and separate from the designated egg handling work area.(g) Hand washing facilities must be conveniently located in or near the designated egg handling work area and toilet facilities. A hand washing facility may consist of:(i) A plumbed sink providing hot and cold running water; or(ii) A portable hand wash system that provides warm running water (at least 100°F), liquid soap, a sanitary means of drying hands, and a receptacle for wastewater.(h) A refrigerator designated for egg storage must be provided. The refrigerator may be residential or commercial and must:(i) Be maintained in clean condition and in good repair;(ii) Maintain shell eggs at an ambient temperature of 45°F or below; and(iii) Be equipped with a thermometer for monitoring temperature.(2) Biosecurity.(a) Practices must be maintained to prevent cross-contamination when persons move between poultry housing and the designated egg handling work area.(b) Nest boxes must be maintained in a clean and dry condition, and nesting material must be changed as necessary to reduce dirty eggs. Eggs must be gathered at least once daily.(c) Stray poultry, wild birds, cats, and other animals must be prevented from entering poultry houses.(d) Appropriate methods must be taken to control rodents and flies.(e) Debris and vegetation that may provide harborage for pests must be removed from poultry housing and areas immediately surrounding poultry housing and the designated work area.(3) Egg handling. In addition to the requirements of this subsection, egg producers subject to this section must comply with applicable requirements of WAC 16-104-380.(a) Persons handling eggs must comply with the personal hygiene requirements of WAC 16-104-310.(b) Shell eggs must be held and transported at an ambient temperature of 45°F or below beginning 36 hours after the time of lay.(c) Eggs must be cleaned as necessary using a method that minimizes damage to the shell and protects against contamination.(i) Eggs may be dry cleaned by lightly sanding soiled areas.(ii) Eggs may be cleaned using potable water applied by spray or brief rinsing and must be dried promptly with a clean paper towel. Water used to clean eggs must be at least 90ºF and at least 20 degrees warmer than the eggs being cleaned.(iii) Eggs may not be submerged in water or other cleaning solutions.(iv) Cleaning compounds used on shell eggs must be food grade and approved for that use.(d) Cleaned eggs must be promptly refrigerated at an ambient temperature of 45ºF or below.(e) Shell eggs must be reasonably dry before packaging.(f) Packaging must be clean, in good condition, and of sufficient strength and durability to protect the eggs during normal distribution. Reuse of egg cartons or flats that have been distributed to a consumer are not allowed.(g) Packaged eggs must be stored at an ambient temperature of 45ºF or below under clean conditions that protect the eggs and their containers from contamination.(4) Labeling. Shell eggs packaged for sale into commerce must comply with the labeling requirements of WAC 16-104-400.(5) Distribution.(a) Shell eggs must be transported at an ambient temperature of 45ºF or below.(b) Eggs and their containers must be protected from contamination and maintained under sanitary conditions during transport.(c) An easily cleanable portable cooler with frozen gel packs or another effective means of refrigeration may be used to maintain the required temperature during transportation.NEW SECTIONWAC 16-104-420Specific exemptions.This section establishes exemptions authorized under RCW 69.25.170. Each exemption applies only to the specific requirements identified. Unless expressly provided otherwise, an exemption under this section does not exempt a person from egg handler or dealer endorsement requirements, assessments, food safety requirements, or any other applicable requirement of chapter 69.25 RCW or this chapter. An exemption under this section does not exempt an egg producer from the requirements of WAC 16-104-410 when that section applies. In addition, the department may inspect any egg operation in response to a foodborne illness outbreak, consumer complaint, or other public health emergency.(1) Direct-to-consumer sales. The following are exempt from the requirement to obtain an egg handler or dealer endorsement under RCW 69.25.050 and from the inspection requirements of RCW 69.25.080:(a) A poultry producer only selling eggs from the producer's own flock directly to a household consumer exclusively for use by the consumer, members of the consumer's household, and the consumer's nonpaying guests and employees;(b) A shell egg packer or a producer/packer only selling eggs on the packer's own premises directly to a household consumer exclusively for use by the consumer, members of the consumer's household, and the consumer's nonpaying guests and employees.(c) Those poultry producers, shell egg packers, or producer/packers that also sell shell eggs at locations away from their own premises such as at a farmer's market or at a local store are required to obtain an egg handler dealer endorsement.(2) Quarterly inspection exemption for small egg producers. Poultry producers, shell egg packers, or producer/packers with an annual egg production from a flock consisting of a total of 3,000 or fewer egg-laying hens, regardless of species, is exempt from the requirement in RCW 69.25.080(4) that a shell egg packer packing eggs for the ultimate consumer be inspected at least once each calendar quarter. The department may inspect the egg producer as the director deems appropriate to ensure compliance with chapter 69.25 RCW and this chapter.(3) Restricted eggs. The sale, transportation, possession, or use of eggs containing no more restricted eggs than allowed by the tolerances in the official state standards for consumer grades for shell eggs is exempt from the prohibitions otherwise applicable to restricted eggs under chapter 69.25 RCW.(4) Egg products. The processing of egg products at a facility, and the egg products processed at that facility, are exempt from continuous inspection as listed in RCW 69.25.080 when:(a) The facilities and operating procedures meet applicable sanitary standards; and(b) The eggs received or used in the manufacture of egg products contain no more restricted eggs than allowed by official state standards for consumer grades of shell eggs; or(c) The facility is subject to USDA inspection.(5) Food service and retail establishments. A food service or retail establishment that sells or prepares shell eggs only for consumption by the ultimate consumer is not required to obtain an egg handler dealer endorsement if it only minimally repacks eggs as necessary due to incidental damage during transportation or handling.(6) Persons who are not egg handlers or dealers. A person who does not meet the definition of "egg handler" or "dealer" in RCW 69.25.020 is not subject to the requirements of this chapter that apply only to egg handlers or dealers, regardless of whether the person has obtained an egg handler dealer endorsement.NEW SECTIONWAC 16-104-430Cooperation with other agencies.This section establishes cooperation with other agencies as authorized under RCW 69.25.120.(1) An inspection conducted by the United States Department of Agriculture inspections of a USDA-registered Washington shell egg packer or producer/packer satisfies the quarterly inspection requirement in RCW 69.25.080(4).(2) An inspection conducted by the United States Department of Agriculture inspections of USDA-registered facility processing eggs or egg products in Washington satisfies the applicable inspection requirement in RCW 69.25.080.(3) The director may postpone an inspection or modify the timing of an inspection when the state veterinarian determines that conducting the inspection would increase the risk of introducing or spreading an infectious, contagious, communicable, or dangerous disease affecting animals or fowl in this state.REPEALERThe following sections of the Washington Administrative Code are repealed:WAC 16-104-140Terms descriptive of the shell.WAC 16-104-150Terms descriptive of the air cell.WAC 16-104-160Terms descriptive of the white.WAC 16-104-170Terms descriptive of the yolk.WAC 16-104-180General terms.WAC 16-104-190General.WAC 16-104-200Grades.WAC 16-104-210Summary of grades.WAC 16-104-220Weight classes.WAC 16-104-230Minimum sample schedule—Egg samples.