Egg Products Inspection Act

The Egg Products Inspection Act of 1970 (21 U.S.C. §§ 1031–1056) requires federal inspection of egg processing plants that break shell eggs into liquid, frozen, or dried egg products — the eggs that become the ingredients in your mayonnaise, baked goods, pasta, ice cream, and thousands of other processed foods. USDA's Food Safety and Inspection Service (FSIS) maintains continuous inspection at these "breaker" plants, ensuring that egg products are pasteurized to kill Salmonella and other pathogens, produced under sanitary conditions, and properly labeled. The Act also regulates shell eggs — the carton of eggs in your refrigerator — through grading, refrigeration, and labeling requirements, with FDA sharing enforcement authority for shell egg safety. Americans consume approximately 280 eggs per person per year, making the inspection system's role in preventing salmonellosis a significant public health function.

Current Law (2026)

Legal Authority

• 21 U.S.C. § 1034 — Inspection of egg products (Secretary must cause continuous inspection of the processing of egg products in every official plant)
• 21 U.S.C. § 1035 — Sanitary operating practices (official plants must operate under sanitary conditions prescribed by regulation)
• 21 U.S.C. § 1036 — Pasteurization and labeling (all egg products must be pasteurized before distribution; products must be labeled with the official inspection mark)
• 21 U.S.C. § 1037 — Prohibited acts (unlawful to buy, sell, or transport egg products not inspected and pasteurized; to sell restricted eggs for human food; to operate without inspection)
• 21 U.S.C. § 1044 — Exemptions (limited exemptions for retail sales of shell eggs, and for producers with small flocks selling directly to consumers)
• 21 U.S.C. § 1046 — Imports (imported egg products must comply with U.S. inspection and pasteurization requirements)

How It Works

The Act's central distinction is between egg products (liquid, frozen, or dried eggs from breaking shell eggs) and shell eggs (whole eggs in the shell), which are regulated through different agencies and different mechanisms. Egg products must be processed in federally inspected official plants under continuous FSIS inspection and must be pasteurized before leaving the plant — pasteurization kills Salmonella and other pathogens while preserving the egg's functional properties, which is why commercial cookie dough, ice cream, and mayonnaise made with egg products are safe even when consumed without additional cooking. Shell eggs follow a different path: FDA enforces on-farm Salmonella Enteritidis prevention under the Egg Safety Rule, while USDA's Agricultural Marketing Service provides voluntary grading services (AA, A, B based on interior quality and shell condition) that are separate from the safety framework. Restricted eggs — cracked, leaking, moldy, or otherwise unfit for retail sale — must be diverted to an official breaking plant for processing and pasteurization rather than sold as shell eggs, closing the gap where damaged eggs might otherwise reach consumers without the safety treatment that egg products receive. The result is a three-agency structure unique to eggs: FSIS covers the breaking plants and processing, FDA covers shell egg safety on farms, and AMS covers voluntary grading — a division that reflects how egg safety risks materialize at different points in the supply chain.

How It Affects You

If you're a consumer buying eggs or eating processed foods: The carton of eggs in your refrigerator and the egg ingredients in your baked goods, sauces, and pasta operate under different regulatory systems — both aimed at preventing Salmonella, which causes approximately 1.35 million infections annually in the U.S. Shell eggs (carton) are regulated by FDA's Shell Egg Safety Rule on farms with 3,000+ hens: producers must monitor for Salmonella Enteritidis, test flocks, and refrigerate eggs at 45°F within 36 hours of lay. USDA grading (AA, A, B) is voluntary, rating interior quality and shell condition — most large retailers require Grade A or better. Egg products used in processed foods (liquid, frozen, or dried eggs in commercial cooking) are processed in FSIS-inspected plants with mandatory pasteurization. That USDA inspection mark on commercial liquid egg cartons is a guarantee that pasteurization occurred, making commercially processed cookie dough, mayonnaise, and ice cream made with inspected egg products safe even when consumed without additional cooking. Avian influenza outbreaks in 2022-2024 killed tens of millions of laying hens and drove retail egg prices to $4-5/dozen in early 2023 — up from roughly $1.50 before the outbreaks — demonstrating how supply chain concentration in a relatively small number of large flocks makes the entire system vulnerable to a single disease event.

If you operate an egg product breaking plant: Continuous FSIS inspection means inspectors are present during processing — not just for periodic audits. The pasteurization requirement is non-negotiable: liquid whole eggs must reach time-temperature combinations (e.g., 140°F for 3.5 minutes) that destroy Salmonella without cooking the egg. You must maintain a written HACCP plan with critical control points documented for pasteurization, sanitation, and pathogen monitoring. Products that fail pasteurization or sanitation standards must be condemned — you cannot redirect them to "industrial" uses or relabel them. The USDA inspection mark is required on all outgoing products. Inadequate HACCP documentation or repeated sanitation failures can trigger suspension of inspection service, which effectively shuts down the plant since you cannot legally ship egg products without active inspection. Import of egg products must meet the same standards and come from countries with FSIS-equivalent inspection systems.

If you're an egg farmer raising laying hens: Shell egg safety compliance depends on your flock size. Farms with 3,000 or more laying hens must comply with FDA's Shell Egg Safety Rule (21 CFR Part 118): environmental testing for Salmonella Enteritidis in the poultry house, refrigerating eggs at 45°F within 36 hours of lay, maintaining cleaning and biosecurity protocols, and in some cases testing flocks before hens go to slaughter. Farms under 3,000 hens have more limited requirements. USDA grading by AMS is voluntary but commercially necessary — most large retailers, foodservice distributors, and egg product buyers require Grade A or better and may audit your facilities. The cage-free transition adds another layer: California Proposition 12 (upheld by the Supreme Court in 2023) and similar laws in other states require cage-free housing for eggs sold in those states, affecting production system economics and — importantly — disease dynamics. FSIS and FDA are monitoring whether cage-free housing changes Salmonella and avian influenza spread patterns as the transition continues.

If you're a food manufacturer sourcing egg ingredients: Every egg product you incorporate into processed food must come from an FSIS-inspected official plant bearing the USDA inspection mark — liquid whole eggs, separated whites and yolks, dried whole eggs, and frozen egg products all require this. You cannot substitute shell eggs broken in your facility as a cost-saving measure without triggering FSIS inspection requirements for your plant. Your HACCP plan should document egg product sourcing as a critical control point — receiving logs, supplier certifications, and pasteurization attestations are the expected documentation. During the 2022-2024 avian influenza outbreaks, manufacturers with diversified sourcing across multiple FSIS-inspected breaking plants maintained supply continuity while those reliant on a single plant faced shutdowns. Import sourcing adds complexity: imported egg products must come from countries with FSIS-recognized equivalent inspection systems, and documentation requirements are extensive.

State Variations

Federal and state egg regulation coexist:

• States may impose additional shell egg grading, labeling, and refrigeration requirements
• State departments of agriculture often conduct shell egg inspections at retail
• Some states have their own egg quality standards that exceed federal minimums; eggs marketed under the National Organic Program must meet additional standards
• State humane treatment laws (cage-free requirements) affect egg production practices
• Federal preemption applies to egg products processed under FSIS inspection

Implementing Regulations

• 7 CFR Part 57 — Inspection of Eggs Under the Egg Products Inspection Act (53 sections — AMS's regulatory framework for shell egg surveillance inspection, distinct from FSIS egg products plant inspection; Part 57 governs eggs in the shell, covering handlers, packers, transporters, and hatcheries):

  • Inspector licensing (§§ 57.110–57.114): federal and cooperating state agency employees must pass a competency exam before receiving an AMS inspector license; licenses may be immediately suspended without prior notice if needed to protect inspection integrity (§ 57.112); revoked/expired licenses must be surrendered immediately (§ 57.114); inspectors must carry and display USDA identification at all times (§ 57.130)
  • Access and surveillance (§§ 57.28, 57.132, 57.220): inspectors may enter any plant, vehicle, or business handling eggs; operators must provide full cooperation, access to records, and assistance; shell egg packers receive regular surveillance inspections examining facilities, equipment, operations, and records; unauthorized interference with inspectors is prohibited
  • Records (§ 57.200): all egg handlers, transporters, hatcheries, and businesses that receive or ship eggs must maintain 2-year records of all receipts, movements, sales, deliveries, and disposals; records must be available to agency representatives on demand
  • Detention authority (§ 57.240): authorized USDA representatives may detain eggs believed to have been handled, processed, or moved in violation of the Act; detained eggs may not be sold or moved pending resolution
  • Federal preemption (§ 57.35): for eggs shipped interstate or exported, states and localities may not impose quality, condition, grade, or weight requirements different from federal standards — federal egg standards are the ceiling for interstate commerce
  • Appeal inspections (§§ 57.300–57.370): any person with a financial interest may request an appeal of an inspector's decision; fees charged at 7 CFR Part 56 rates; if the appeal reveals significant error by the original inspector, the fee may be waived; appeal certificate is issued immediately upon completion stating whether the original determination was sustained

• 9 CFR Part 590 — Inspection of Eggs and Egg Products (96 sections across 2 subparts — FSIS's operational rules for the continuous inspection system at official egg products breaking plants; implements the Egg Products Inspection Act's mandate that FSIS maintain a continuous presence at every official plant that processes eggs into liquid, frozen, or dried egg products):

  • § 590.100 — Specific exemptions from continuous inspection: farms that sell shell eggs directly to consumers (farm-to-consumer direct sales); retail stores that break eggs exclusively for immediate use in products prepared and sold on-site (restaurant/bakery exemptions); individuals who break eggs for their personal use; the exemptions are limited to direct retail/personal contexts — once a facility breaks eggs to sell the liquid/dried egg product into commerce, continuous inspection is required regardless of volume
  • § 590.110 — Licensed inspectors: FSIS inspectors working in egg products plants must pass a competency examination administered by FSIS before receiving a license; state and local government employees who cooperate with the federal program must meet the same examination standards; inspectors may not inspect any product in which they have a financial interest (§ 590.120), nor can they inspect at a plant where an immediate family member is employed — the conflict of interest prohibition applies even to spouses working for a plant supplier
  • § 590.122–590.130 — Inspection scheduling and cost: plants must give FSIS inspectors reasonable advance notice of operating hours; the normal inspector schedule is a continuous 8-hour period; when a plant operates beyond normal hours, it must request overtime inspection service in advance, and FSIS bills the plant at cost for overtime and holiday inspection services (billed in 15-minute increments); this cost-recovery structure means large-volume plants that run multiple shifts bear higher inspection costs than single-shift operations — an operational reality that shapes plant economics
  • § 590.132–590.136 — Inspector access and accommodations: FSIS inspectors may not be denied access to any plant, place of business, or transport vehicle subject to the Act; plant management must provide inspectors with a separate office with appropriate furniture, telephone, and internet access, as well as adequate lighting and equipment in the production area; all product and cooler rooms must be arranged to allow inspectors full visibility of the product's class, quality, quantity, and condition; interference with access or failure to provide accommodations is a grounds for suspension of inspection service, which effectively shuts down the plant

  Subpart B — Imports (§§ 590.965–590.996): imported egg products must comply with U.S. inspection and pasteurization requirements, come from officially recognized foreign inspection systems (FSIS maintains a list of eligible countries), and be accompanied by foreign inspection certificates; FSIS conducts physical and documentary inspection of imported shipments at ports of entry; egg products from countries without FSIS-recognized equivalent inspection systems are prohibited from importation regardless of price or demand; FSIS may periodically audit foreign inspection systems to maintain recognition status

  The continuous inspection model for egg products (as opposed to the risk-based periodic inspection used for many other food products) reflects a congressional judgment made in 1970 that the salmonella risks in liquid and dried egg products are severe enough to require FSIS to be physically present throughout the production process. A batch of egg products that is not pasteurized, improperly pasteurized, or produced under insanitary conditions can contain viable Salmonella that will survive in liquid eggs for weeks and in dried egg products for much longer. The consequences of a large-scale failure — with egg products used as ingredients in thousands of downstream food products — make preventive continuous inspection more cost-effective than recalls.

Pending Legislation

No standalone egg products inspection bills have been introduced in the 119th Congress. Related food safety provisions appear in broader legislation — see Federal Meat Inspection and Poultry Products Inspection.

Recent Developments

Avian influenza outbreaks in 2022-2024 — managed under the Animal Health Protection Act — severely impacted the U.S. egg supply, killing tens of millions of laying hens and driving egg prices to historic highs. FSIS and APHIS coordinated responses including enhanced biosecurity, surveillance, and depopulation protocols. The transition to cage-free egg production — driven by state laws (California Proposition 12, similar laws in other states) and corporate pledges — has significant implications for the egg industry's structure and the inspection system. FDA's enforcement of the Shell Egg Safety Rule has been the primary tool for reducing Salmonella Enteritidis contamination at the farm level.

• H5N1 avian influenza reached record scale through 2025: by early 2025 over 166 million birds had been killed since the 2022 outbreak onset, driving retail egg prices to $9–$12/dozen in some markets; the egg-laying flock was hit hardest between December 2024 and February 2025 (pushing egg prices to a 45-year high). The outbreak persisted into 2026 with periodic surges in turkey and laying-flock culls. USDA APHIS emergency depopulation and indemnity payment protocols under the Animal Health Protection Act were stressed to capacity.
• DOGE USDA workforce cuts threatened inspection continuity: roughly 1,000 FSIS food safety inspectors were offered early retirement in early 2025; industry groups warned that egg and poultry processing inspection backlogs could follow if vacancies weren't filled, raising biosecurity concerns during an active flu outbreak.
• California Prop 12 survived Supreme Court challenge (National Pork Producers v. Ross, 2023) and its cage-free egg requirements took full effect; egg producers nationwide are accelerating cage-free transitions, changing flock management economics and altering FSIS inspection patterns at newly configured facilities.