TITLE 3. FOOD AND AGRICULTURE 
DIVISION 3. ECONOMICS 
CHAPTER 1. FRUIT AND VEGETABLE STANDARDIZATION 
SUBCHAPTER 3. EGGS 
Section 1354. Marking Requirements 
NOTICE OF PROPOSED RULEMAKING 
NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture 
(Department) proposes to amend the proposed regulations described below after 
considering all comments, objections, and recommendations regarding the proposed 
actions. 
PUBLIC HEARING 
The Department has not scheduled a public hearing on this pr oposed action. However, 
the Department will hold a hearing if it receives a written request for a public hearing from 
any interested person, or his or her authorized representative, no later than 15 days 
before the close of the written comment period. 
WRITTEN COMMENT PERIOD 
Any interested person, or his or her authorized representative, may submit written 
comments relevant to the proposed regulatory action to the Department. Comments may 
also be submitted via facsimile (FAX) at (916) 900-5334 or by e-mail to 
michael.abbott@cdfa.ca.gov . The written comment period begins on December 3, 2021 and 
closes on January 17, 2022 . The Department will consider only comments received at the 
Department by that time. Submit comments to: 
Michael Abbott, Supervising Environmental Scientist 
Meat Poultry and Eggs Safety Branch 
California Department of Food and Agriculture 
1220 N Street, Sacramento, CA 95814 
Telephone: (916) 900-5062; Fax: (916) 900 -5334 
AUTHORITY AND REFERENCE 
Food and Agricultural Code (FAC) section 14 authorizes the Department to adopt rules 
and regulations in accordance with the Administrative Procedure Act. Additional authority 
vested in the FAC grants the Department Secretary the authority to amend or repeal rules 
and regulations. 
FAC section 407 authorizes the Secretary of the Department to adopt such regulations 
as are reasonably necessary to carry out the provisions of the FAC which the Secre tary 
is directed or authorized to administer or enforce. 
FAC section 27531 specifies, in part, that the director may adopt regulations relating to 
the preparation for market and marketing of shell eggs as they determine are reasonably 
necessary to carry o ut the purposes of the chapter including the requirements for 
1  
       
   
 
        
           
 
 
       
  
 
         
 
 
       
       
  
 
 
          
     
  
 
       
     
         
 
 
       
  
         
      
 
 
 
 
  
   
       
    
 
 
 
   
 
 
 marking containers, displays and adv ertising of eggs sold in California , or any other 
matter necessary to accomplishment the purpose of this chapter 
FAC section 27521 specifies, in part, that the purpose of the chapter is to ensure the 
orderly marketing of shell eggs in a uniform manner and to prevent the marketing of 
deceptive or mislabeled containers of eggs. 
FAC section 27573 specifies the p urposes of the Shell Egg Food Safety Committe e 
which include the quality of shell eggs and uniformity of inspection. 
FAC section 27631 provides that it is unlawful to violate any provision of the chapter or 
any regulation adopted pursuant to it. 
FAC section 27637 provides, in part, that it is unlaw ful for any person to make any 
statement about the quality, size, weight, source, origin, or any other matter relating to 
eggs which is false , deceptive or misleading . 
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW 
This rulemaking action proposed to amend the California Code of Regulations (CCR), 
Title 3, Division 3, section 1354. Specifically, this rulemaking action clarifies and makes 
specific the requirements to label consumer containers of eggs as “cage free”. 
The Department’s Egg Safety and Qual ity Management (ESQM) Program is responsible 
for the regulatory authority for shell eggs and egg products produced, shipped, or sold 
in California. This includes the marketing and truth in labeling of shell eggs or egg 
products. 
Benefits of the Proposed A ction: This proposed regulatory action will assur e the 
Consumers of California that when they purchase eggs that are labeled “cage free” that 
they meet minimum standards outlined in the cage free definition. Producers will have a 
consistent standard applie d equally across the industry for eggs sold to California 
consumers . 
CONSIS TENCY EVALUATION 
The Department has determined that this proposed regulatory action is not inconsistent 
with existing regulations. After conducting a review for any regulations th at would relate 
to or affect this area, the Department has concluded that these are the only regulations 
that concern the marketing of shell eggs. 
DISCLOSURES REGARDING THE PROPOSED ACTION 
The Department has made the following initial determinations: 
Mandate on local agencies and school districts: None. 
2  
  
 
       
     
 
  
 
  
 
     
 
 
             
       
      
          
          
 
   
 
      
      
   
        
         
           
   
 
  
 
 
        
       
              
         
           
 
 
          
        
           
           
           
            
       
 Cost or Savings to any state agency: None. 
Cost to any local agency or school district which must be reimbursed in accordance with 
the Government Code section 17500 through 17630: Non e. 
Other nondiscretionary cost or savings imposed on local agencies: None. 
Cost or savings in federal funding to the state: None. 
Significant, statewide adverse economic impact directly affecting business including the 
ability of California businesses t o compete with businesses in other states: None 
Cost impacts on a representative private person or business: Cost impacts on a 
representative private person or business: The Department is not aware of any cost 
impacts that a representative private person or business would necessarily incur in 
reasonable compliance with the proposed action.” This is more consistent with the 
Administrative Procedure Act (APA) language of Gov. Code sec. 11346.5(a)(9). 
RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS 
The Department concludes that it is: (1) likely that the proposal will not create or eliminate 
jobs and not eliminate existing business; (2) likely that this proposal will not create new 
business or expand current business opportunitie s; (3) likely that this proposal will not 
eliminate jobs; (4) Also, enhanced enforcement activities will protect consumers and the 
industry, and assure that they are provided an accurate and standardized definition of 
“cage free”. Finally, this proposed ru lemaking will have no impact on the general public 
and protection of public health and safety. 
Significant effect on housing costs: None. 
SMALL BUSINESS DETERMINATION 
The Department has initially determined that the proposed changes to the regulations 
would have no significant impact directly affecting small businesses. These regulations 
do not require any additional costs or outputs for small businesses. These regulations do 
not establish any new limitations on small businesses. All egg producers would be 
operating under the same regulatory structure with regards to the regulatory changes . 
CONSIDERATION OF ALTERNATIVES 
In accordance with Government Code section 11346.5, subdivision (a)(13), the 
Department must determine that no reasonable alternative it considered or that has 
otherwise been identified and brought to the attention of the Department would be more 
effective in carrying out the purpose for which the action is proposed or would be as 
effective and less burdensome to affected private persons than the proposed action or 
would be more cost-effective to affected private persons and equally effective in 
implementing the statutory policy or other provision of law. 
3  
        
            
            
  
 
  
 
 
          
 
  
 
 
 
 
  
          
 
 
 
 
           
     
    
 
    
 
 
          
        
          
       
     
   
 
  
 
      
         
         
           
        
           
          
    
 The alternative to not pursue this regulatory action would result in deceptive or fraudulent 
labeling and an unfair marketing of the eggs. The adoption of a different definition from 
the one proposed here could cause conflict and confusion as this definitio n supports the 
most common understanding of cage free. 
CONTACT PERSONS 
Michael Abbott, Supervising Environmental Scientist 
Department of Food and Agriculture Animal Health & Food Safety Services Meat, 
Poultry, and Egg Safety Branch 
1220 N Street, Sacramento, CA 95814 
Telephone: (916) 900 -5103 
E-mail: michael.abbott@cdfa.ca.gov 
The backup contact person is: 
Andrew Halbert, Staff Services Manager 
Department of Food and Agriculture Animal Health & Food Safety Services 1220 N 
Street, Sacramento, CA 95 814 
Telephone: (916) 900 -5372 
E-mail: andrew.halbert@cdfa.ca.gov 
Please direct requests for copies of the proposed text of the regulations, the initial 
statement of reason, the modified text of the regulat ion, if any, or other information upon 
which the rulemaking is based to Michael Abbott at the above address. 
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED 
REGULATIONS 
The Department will have the rulemaking file available for inspection and c opying 
throughout the rulemaking process at its office at: 2800 Gateway Oaks Drive, Suite 100, 
Sacramento, CA 95833. As of the date this notice is published in the Notice Register, 
the rulemaking file consists of this notice, the proposed text of the regul ations, and the 
initial statement of reasons. Copies may be obtained by contacting Michael Abbott at 
the address or phone number listed previously. 
AVAILABILITY OF CHANGED OR MODIFIED TEXT 
After considering all timely and relevant comments received, the Department may 
amend the proposed regulations substantially as described in this notice. If the 
Department makes modifications, which are sufficiently related to the originally proposed 
text, it will make the modified text (with the changes clearly indicat ed) available to the 
public for at least 15 days before the Department adopts the regulations as revised. 
Please send requests for copies of any modified regulations to the attention of Maria 
Tenorio at the address listed above. The Department will accept written comments on 
the modified regulations for 15 days after the date on which they are made available. 
4  
   
     
      
 
  
       
             
    
 AVAILABILITY OF FINAL STATEMENT OF REASONS 
Upon its completion, copies of the Final Statement of Reasons may be obtained by 
contacting Michael Abbott at the address listed previously. 
AVAILABILITY OF DOCUMENTS ON THE INTERNET 
Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the 
text of the regulations in underline and strikeout can be accessed through the 
Department’s website at: http://www.cdfa.ca.gov/ahfss/regulations.html 
5