1. (a) Ambient or air flow temperature shall be determined by use of a thermometer having a temperature gradation one-half Celsius (one degree Fahrenheit) and have an accuracy of plus or minus one degree Celsius (two degrees Fahrenheit).
2. (b) Prior to taking an initial temperature reading, the thermometer shall be brought to equilibrium within the location being inspected.
3. (c) When a location is determined to be in violation, each temperature reading taken and the location within the enclosure where the temperature is taken shall be recorded. The cooler or vehicle shall be clearly identified.
4. (d) If a transport vehicle is equipped with a thermometer that has been verified for accuracy, an enforcing officer may use the thermometer to determine compliance with temperature requirements. If a transport vehicle is not equipped with a thermometer, an enforcing officer shall utilize an accurate thermometer and two temperature readings shall be taken. When a unit is accessible, the readings shall be taken in the air flow discharge at the refrigeration unit, one reading on the right side of the unit and one reading on the left side of the unit. The vehicle shall be accepted or rejected on the basis of the mean average of such readings. If the refrigeration unit is not accessible, the readings shall be taken in the air flow as near as possible to the refrigeration unit in a manner consistent with the foregoing instructions. If the mean average air flow temperature is more than 7 degrees Celsius (45 degrees Fahrenheit), the handler may unload the vehicle to make the refrigeration unit accessible for two additional temperature readings which shall be mean averaged to determine the basis for accepting or rejecting the vehicle.

5. (e) Mean Average.

   The “mean average” is calculated by dividing the number of samples into the sum of all temperatures taken.

6. (f) If a cooler is equipped with a thermometer that has been verified for accuracy, an enforcing officer may use the thermometer to determine compliance with temperature requirements. If a cooler is not equipped with a thermometer an enforcing officer shall utilize an accurate thermometer, and five temperature readings shall be taken in the storage room(s) or display unit(s). The readings shall be taken approximately 4 to 5 feet from the floor, and as far from warm eggs as feasible. The readings shall be taken away from doorways and the refrigeration unit's air flow at separate locations. The readings shall be mean averaged to determine compliance.

7. (g) Compliance Time Period.

   1. (1) Storage Rooms and Display Units.

      Locations in which eggs are placed or stored and which are found to have a mean average ambient air temperature above 7 degrees Celsius (45 degrees Fahrenheit) shall be brought into compliance within 24 hours from the time of rejection. If compliance cannot be accomplished within such time, the eggs shall be removed and placed in a transport vehicle or storage facility which complies with temperature requirements of 7 degrees Celsius (45 degrees Fahrenheit) or below.

   2. (2) Transport Vehicles.

      A transport vehicle in which eggs are placed for shipment or storage and which is found to have the refrigeration unit discharging a mean average air flow temperature above 7 degrees Celsius (45 degrees Fahrenheit), the unit shall be brought into compliance within four hours from the time of rejection. If compliance cannot be accomplished within such time, the transport vehicle shall not be used, and the eggs shall be removed and placed in a transport vehicle or storage facility which is in compliance.

   3. (3) If a transport vehicle, store room, or display unit is found to be in noncompliance and is to be used for transporting or storing eggs, the responsible party shall repair the refrigeration unit and submit a copy of the repair tag to the enforcing officer. The repair tag shall include:

      1. i. The name, address and telephone number of the person or company that made the repairs.
      2. ii. The date and time of repair.

      3. iii. The refrigeration unit's delivery temperature taken by the repair person, following the unit's repair.

         Unless otherwise instructed by the enforcing officer, the responsible party may place the store room, display unit, or transport vehicle back in use upon repair and submission of the repair tag. The tag may be submitted by facsimile. Upon receipt of the repair tag, the enforcing officer may approve the continued use verbally, in writing or by facsimile. If approval is made verbally, the enforcing officer shall record the time, date and name of the person to whom approval was given.

8. (h) Tolerance.

   A tolerance of one degree Celsius (two degrees Fahrenheit) shall be allowed.

9. (i) Good Faith Effort.

   Enforcing officers shall take into consideration refrigeration efforts of an industry egg handler or transporter when determining whether to initiate any legal proceedings.

Air flow temperature of egg transport vehicles and ambient room temperatures of storage rooms, retail outlets, and display units located in packing plants or distribution facilities shall be ascertained at least quarterly in accordance with this section.

Note: Authority cited: Sections 407 and 27531, Food and Agricultural Code. Reference: Sections 27631, 27641 and 27643, Food and Agricultural Code.

History

1. New section filed 9-27-2000; operative 10-27-2000 (Register 2000, No. 39).