MOU 225-96-0000
MEMORANDUM OF UNDERSTANDING
Between The AGRICULTURAL MARKETING SERVICE
U.S. DEPARTMENT OF AGRICULTURE
And The FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
I. PURPOSE
This agreement defines the respective authorities and responsibilities of the Agricultural Marketing Service (AMS) and the Food and Drug Administration (FDA) in regard to the administration of the Egg Products Inspection Act (the Act) (Pub. L. 91-597).
II.BACKGROUND
This Memorandum of Understanding revises and replaces the Memorandum of Understanding on this subject which went into effect on June 7, 1983.
III. SUBSTANCE OF AGREEMENT
A. Statutory Authority:
1. The Agricultural Marketing Service shall:
Have exclusive jurisdiction in checking egg producers, packers, and other firms engaged in marketing eggs, including hatcheries, to determine the disposition of restricted eggs (check, dirty, incubator rejects, inedible, leaker, or loss). If food manufacturers decide to break eggs containing more restricted eggs than permitted in U.S. Consumer Grade B, the egg breaking portion of their operation is subject to inspection by the U.S. Department of Agriculture Food Safety and Inspection Service.
2. The Food and Drug Administration shall:
Have exclusive jurisdiction over restaurants, institutions, food manufacturing plants, and other similar establishments, that break and serve eggs or use them in their products.
B. Responsibilities:
1. The Agricultural Marketing Service shall:
a. Notify FDA whenever it has reason to believe that shell eggs have been shipped in commerce in violation of the Act, to a receiver for which FDA has exclusive jurisdiction.
b. Have primary responsibility for determining that retail stores comply with the Act, with respect to their purchases and sales of shell eggs.
c. Check imported shell eggs for the proper labeling and disposition of restricted eggs, and will notify FDA before release of any lot for domestic commerce.
d. Notify FDA: when applications ~ are made to import shell eggs into the United States.
2. The Food and Drug shall:
a. Be responsible for exercising the administrative detention authority provided in the Act with respect to shell eggs located on the premises of establishments for which FDA has jurisdiction.
b. When inspecting firms of the type referred to in IIIA2, above, FDA will determine, among other things, whether eggs used contain more restricted eggs than are allowed in U.S. Consumer Grade B. If violative lots are found, FDA will notify AMS so that they may check on the seller of the restricted eggs for a possible violation of the Act.
c. Notify AMS of any imported shell eggs which contain restricted eggs not in accordance with U.S. Department of Agriculture regulations and labeling requirements.
d. Continue to monitor imported shell eggs and domestic shell eggs for the presence of pesticides, etc.
C. Field liaison will be maintained as indicated in section V.
IV. NAME AND ADDRESS OF PARTICIPATING AGENCIES
A. Agricultural Marketing Service
U.S. Department of Agriculture
Washington, D.C. 20250
B. Food, and Drug Administration
5600 Fishers Lane
Rockville, MD 20857
V. LIAISON OFFICERS
A. For the Agricultural Marketing Service:
Chief, Grading Branch
Poultry Division, AMS, USDA
PO Box 96456
Washington, D.C. 20090-6456
202-720-3271
FAX: 202-690-3165
B. For the Food and Drug Administration:
1. For all liaison except for 2 below:
Director, Emergency and Investigational operations (currently Gary L. Pierce) Office of Regional Operations
Food and Drug Administration
5600 Fishers Lane
Rockville, MD 20897
301-443-3276
2. To notify FDA of applications to import shell eggs
Special assistant (currently Raymond E. Newberry)
Office of Field Programs
Food and Drug Administration
200 C Street S.W.
Washington, D.C. 20204
202-205-4187
VI. PERIOD OF AGREEMENT
This agreement becomes effective upon acceptance by both parties and will continue indefinitely. It may be amended by mutual consent or terminated by either party upon 30-day advance written notice by the other.
Approved and Accepted
for the United States Department of Agriculture
Signed by: Lon Hatamiya
Administrator
Agricultural Marketing Service
Date: June 10, 1996
for the United States Department of Agriculture
Signed by: Lon Hatamiya
Administrator
Agricultural Marketing Service
Date: June 10, 1996
Approved and Accepted
for the Food and Drug Administration
Signed by: Ronald Chesemore
Associate Commissioner for Regulatory Affairs
Date: May 20, 1996
for the Food and Drug Administration
Signed by: Ronald Chesemore
Associate Commissioner for Regulatory Affairs
Date: May 20, 1996