Since 2009, the United States broiler chicken industry has been forced to dispose of some 400 million eggs every year that are not allowed to be use, according to a Food and Drug Administration (FDA) rule. Industry groups have attempted to have the rule reversed but to no avail. Now, with U.S. egg supplies critically low and the Trump administration promising regulatory relief, the industry hopes to have better luck getting these eggs added to the supply chain. Below is more information about the different egg types and why the rules were put in place to begin with.
Table Eggs vs Broiler Eggs: It may seem obvious, but to avoid any confusion, “table eggs” are eggs laid by hens bred explicitly for egg production, while “broiler eggs” are eggs laid by hens bred for meat production. Based on industry data, NCC estimates that, on average, 2.5% of broiler hatching eggs are either not needed for hatching or are unfit for hatching and subsequently culled. As a result, NCC estimates that almost 360 million eggs are not placed for hatching each year. Some of these eggs are intended for exports, manufacturing vaccines, or other research needs. The remainder are surplus eggs and eggs that do not meet specifications (out-of-specification eggs). For instance, an out-of-specification egg may not meet the size requirements or shell conditions necessary for incubation. Although out-of-specification for purposes of incubation, NCC says these eggs are prime candidates to enter the breaking market.
What are “Breaker” Eggs? Breaker eggs (also called liquid eggs) are chicken eggs that have been broken out of their shells to be sold in liquid form and are utilized in the food industry as an ingredient in other food products, as opposed to being sold fresh in their shells in protective cartons.
2009 Rule Change: In 2009, the FDA published a final rule on the Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation, aka the “Shell Egg Rule”. Intended to address issues associated with Salmonella Enteritidis on shell eggs, the rule requires that all shell eggs be refrigerated at or below 45°F beginning 36 hours after the time of lay. According to the NCC, the scope of the rule, when it was proposed, did not include surplus broiler hatching eggs. As such, the broiler industry did not provide comments on the proposed rule as they were not a covered entity. However, NCC says the final rule expanded the scope of the requirement to include surplus broiler eggs, even if destined solely for egg-breaking operations. Broiler companies, therefore, were immediately subject to the requirements of the rule.
Why is the Rule Problematic for the Broiler Industry? A broiler egg must be held at the proper temperature to be viable for hatching. For optimal hatching, broiler-type hatching eggs are maintained at around 65° Fahrenheit (F) prior to placement in the incubators. If a broiler egg is refrigerated, it will not hatch. It can take up to five days to determine which eggs are needed and/or appropriate for hatching, and only after this point will it be known which eggs could be diverted. Prior to the implementation of the Shell Egg Rule, diverted eggs were sold to egg breakers and processed as liquid egg products in compliance with FSIS regulations. FSIS’s egg-breaking regulations require that liquid eggs be processed to destroy Salmonella. By contrast, dedicated shell egg operations are set up significantly differently than broiler hatcheries. In a typical shell egg-laying facility, eggs are collected daily and sometimes continuously. These facilities are not concerned with maintaining the eggs’ viability for hatching as they are going directly into the food supply, so the eggs can be placed quickly into dedicated refrigeration.
Industry Argument Against the Rule: The broiler industry, including the NCC, say the Shell Egg Rule was developed with table eggs in mind. Surplus broiler hatching eggs, by contrast, historically were sold only to egg breakers – not into the table egg market – and thus present significantly different production processes, timelines, and product risk profiles. FSIS rules have established processing steps scientifically validated to destroy any Salmonella (or other pathogens) that may be present. The NCC petitioned the FDA during the Biden administration to allow surplus breaker eggs to be sent for breaking, but the request was rejected in 2023. The NCC in late-February again petitioned the FDA to reverse or modify the regulation. The petition is available HERE.
“With government risk assessments affirming their safety, and the fact that surplus broiler hatching eggs would be pasteurized, we respectfully request FDA to immediately exercise its enforcement discretion to allow these eggs to be sent for breaking, helping to ease costs and inflationary pressures for consumers,” said Ashley Peterson, NCC senior vice president of scientific and regulatory affairs. Peterson said the move would not immediately lower egg prices but could help stabilize supply. (Sources: National Chicken Council, Independent Processor, Meat+Poultry)
