Durbin Introduces Egg Safety Legislation

November 12, 1999

Sen. Richard Durbin (D-IL) has introduced egg safety legislation and made another bid for giving all food safety responsibilities to one federal agency, citing inconsistencies in inspection procedures that currently "can mislead consumers."

Durbin cites a General Accounting Office report that found "cracks, confusion and contradictions in our nation's efforts to protect consumers against contaminated eggs and egg products." He also cites a Centers for Disease Prevention and Control report that salmonella, often associated with raw or under-cooked eggs, caused about 300,000 illnesses in 1997 resulting in 115-230 deaths. However, federal data also indicate the incidence of the disease fell 44% from 1996 to 1998.

His bill would grant USDA's Food Safety and Inspection Service the authority to regulate and inspect shell eggs from farm to retail, require labeling on egg cartons, require uniform expiration dating for all shell eggs and prohibit the repackaging of eggs.

"The absence of or inconsistent egg carton expiration dating laws can mislead consumers," says Durbin. "Consumers may believe the expiration date accurately reflects the age of the egg. For example, when comparing carton dates, a consumer may be more likely to select eggs not graded by USDA, because a later date on the carton seems to imply that those eggs are fresher. But the eggs with the later date may actually be the older ones."

Under USDA's Agricultural Marketing Service's voluntary egg grading program, Durbin says, expiration dates are set at 30 days from the date the eggs were packed. "However, some egg processors that do not participate in the voluntary program set their own expiration date or have no expiration date at all."

His bill would require uniform expiration dating for all shell eggs. No eggs packed for consumers could be older than 21 days from the date of lay when packed, and they would have to carry an expiration date or sell-by date or no more than 30 days from the packing date.

Durbin also argues in favor of one federal food safety agency. A lack of coordination among the four federal agencies responsible for egg safety "has resulted in gaps, inconsistencies and inefficiencies," he says. USDA conducts daily inspections of plants where eggs are broken and made safe by pasteurization, he adds, but the Food and Drug Administration "rarely inspects egg farms or facilities where unbroken shell eggs are packed unless the agency is trying to trace an outbreak of illness."