Section 88.2. Temperature requirements

(a) Initial requirement. Within 24 hours of being laid, an egg sold or produced within this Commonwealth shall be subjected to and maintained at an ambient temperature not to exceed 55°F. This temperature requirement shall be maintained during transport and until the egg has been washed and packed, regardless of whether the egg is in the physical possession of the flock owner, a transporter, a processor or another person.

(b) Requirement after washing and packing. An egg sold or produced within this Commonwealth shall be subjected to and maintained at an ambient temperature not to exceed 45°F immediately after it has been washed and packed. This temperature requirement shall remain applicable during storage or transport, and until delivery to a food establishment.

(c) Requirements preceding use or purchase.

(1) An egg at a food processor, retail food store, distributor or other food establishment shall be maintained at an internal temperature not to exceed 45°F until use, preparation or purchase by a consumer.

(2) Notwithstanding the 45°F internal temperature requirement described in paragraph (1), an egg to be used for food processing may be removed from refrigeration and kept in the processing area if the following conditions are met:

(i) The total time between removal of the egg from refrigeration and completion of food processing utilizing the egg does not exceed 4 hours.

(ii) The processed food reaches a minimum internal temperature of 140°F (60°C) during processing.

(d) Exception. The temperature requirements described in subsections (a)—(c) do not apply to a small egg processor who meets all of the following requirements. The egg processor:

(1) Has maintained a flock of laying hens at all times during the prior 12 months, with the aggregate number of those laying hens not exceeding 3,200.

(2) Sells or markets greater than 50% of the eggs which he produces and processes for sale or distribution within a 100-mile radius of the facility at which eggs are produced and processed.

(3) Sells or markets eggs within 5 days of the date of lay.

(4) Maintains each egg at an ambient temperature of 60°F or less within 24 hours of being laid, and maintains the egg at this ambient temperature until sale.

(e) Enforcement of certain requirements by the Department of Environmental Resources. The Department of Environmental Resources will enforce the act with regard to public eating or drinking establishments under section 9 of the act (31 P. S. § 300.9) and at 7 Pa. Code § 78.23 (Reserved) and other applicable authority.

Notation

Cross References

This section cited in 7 Pa. Code § 88.4 (relating to labeling); 7 Pa. Code § 88.5 (relating to labeling for certain small egg processors); and 7 Pa. Code § 88.6 (relating to recordkeeping requirements).