AGRICULTURE HANDBOOK NO. 112

^,(1 ^ .^ ^ A R Y

State,

EGG LAWS

<utd ^ef6dcit¿04iA

A SUMMARY

U. s. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

WASHINGTON, D. C. DECEMBER 1956
PREFACE

This summary of State laws and regulations in effect in June 1956 is

based on material supplied the Agricultural Marketing Service, Department

of Agriculture, by the individual States.

The report does not cover county and city laws. Neither does it cover

the State Food and Drug laws, except to refer to them in certain instances in

which they pertain to the processing of eggs and egg products.

The cooperation of State agencies in furnishing copies of their laws and

regulations and in reviewing preliminary copies of the report is gratefully

acknowledged«

The report was prepared at the request of and with the cooperation of the

Poultry Division of the Agricultural Marketing Service. Inquiries should be

addressed to that Division, which administers the United States Standards and

Grades for Shell Eggs,

For sale by the Superintendent of Documents, U. S. Government Printing Office

Washington 25, D. C. - Price 25 cents
CONTENTS

Page

Purpose of the study 1

States having egg laws 1

Enforcing agencies 2

Exemptions 2

Exemptions of producers 3

Exemptions of nonproducers 4

Eggs exempted 5

Establishment of State standards and grades for shell eggs 6

Standards of quality for individual shell eggs 7

Tolerances in quality changes 7

Lieakers 11

Size and weight designations for shell eggs 12

Variable terms used to denote quality in shell eggs 12

Extent to which use of State standards and grades is

compulsory or voluntary 17

Special candling requirements . 17

Juicensing or registration requirements , 17

Misrepresentation as a violation 19

Advertising requirements 20

Labeling 20

Bulk displays. 26

Invoices 26

Refrigeration, quality maintenance 30

Egg products 31

Transportation of eggs 33

Right of inspection ^ . . 33

Violation procedure 34

Penalty clauses 35

Severability clauses 35

Suggested principal provisions for an egg law 37

The basic law 37

The regulations , 38

TABLES

1. Summary of siiell egg grading programs, by States., 8

2. Permitted quality and weight tolerances: Consumer grades

for shell eggs, by States 10

3. Permitted percentage quality tolerances in State consumer

grades of shell eggs, which differ fromi U. S. grades 11

4. Size and weight specifications in standards and grades for

shell eggs, by States . 13

5. JLicenses, certificates, or permits for e.gg dealers: Requirements by

States 18

6. Advertising: Requirements pertaining to shell e^gs, by States.. 21
Page

7. Labels: Requirements pertaining to shell eggs, by States 23

8. Bulk displays: Requirements pertaining to shell eggs, by States . . 27

9. Invoices: Requirements pertaining to shell eggs, by States 28

10. States having quality maintenance provisions in the laws or

regulations, pertaining to refrigeration . 31

11. States having various penalties for first offense in violating

egg laws 36

12. Sources of data pertinent to State laws and regulations applicable

to egg marketing, and name and address of enforcing agent 40
Stau

EGG LAWS

and ^e^cdeitcoH4^

A SUMMARY

by Paul Mehl

Market Organization and Costs Branch, Marketing Research Division,

Agricultural Marketing Service

PURPOSE OF THE STUDY

The purpose of this study is to present the principal features and variations in the

State laws and regulations governing egg marketing. Special attention was given to the

establishment and promulgation of standards and grades, in which considerable development has taken place. The report also serves to answer inquiries which come to the

U. S. Department of Agriculture.

An examination of the egg laws and regulations in effect in 1956 indicates that the

primary purposes of such legislation are:

1. To bring about improvement in the quality of eggs sold to consumers. -^

2. To prohibit the sale of inedible eggs for consumer use.

3. To increase the income of producers who follow practices which result in quality

production and efficient marketing.

4. To facilitate interstate commerce in eggs and egg products.

5. To prevent misrepresentation in advertising and labeling of eggs offered for sale

to consumers.

The State laws were enacted over a period of years during which better handling

practices and standards and grades were being developed. The procedures for bringing

about the desired results vary between the different States. Also, in recent years a considerable number of States have either amended their old laws or have passed new legislation pertaining to eggs.

STATES HAVING EGG LAWS

All States except Texas had laws in effect in 1956 pertaining to the marketing of shell

eggs. In 1950, six States had no ^%^ laws. Certain States--for example. New Jersey,

Kansas, and Pennsylvania--have two separate laws, in addition to food and drug laws,

i Consumers include bakeries, confectioneries, and eating establishments such as restaurants and institutions serving food.

1
pertaining to the marketing of eggs.^ Other States have only a single egg law. Nine

States have provisions in their egg laws or have separate laws pertaining to the operations of processors of eggs; that is, those who convert eggs into liquid, frozen, or dried

form. These States are Arizona, California, Georgia, Illinois, Massachusetts, 3 Minnesota, Missouri, Oregon, and Tennessee. The processors are generally supervised by

the State board of health, although in some States they are under the supervision of the

State secretary of agriculture.

When the State law provides that regulations for marketing of eggs are to be developed and promulgated by the enforcing official, the regulations are herein considered to

be a part of the law. Mississippi passed a new egg law which took effect July 1, 1955,

but new regulations were not available as of July 7, 1956.

ENFORCING AGENCIES

Enforcement of egg laws is usually left to the State department of agriculture, or the

State commissioner or director of agriculture (table 12). In some States, the comtmissioner or director of agriculture has also nonagricultural duties indicated by his title.

The duties may be in the field of industries, food and drugs, or inspection of other commodities.

The State board or department of health usually has the duty of preventing the sale

of inedible eggs. Because the regulatory work involves inspection, some States utilize

other agercies for enforcennent. Arkansas has a livestock and sanitary board, New

Mexico operates through the board of regents of the agricultural and inspection departments of the New Mexico A. & M. College. In Indiana, the enforcing agency is the State

egg board, in Kentucky, the eggmarketing board, and in Arizona, the State egg inspector. The Colorado agricultural commission formulates the regulations which are enforced by the commissioner of agriculture.

In certain States, there is a division of powers. In Kansas, the State board of agriculture enforces the egg and label laws, but candling of eggs conaes under the control of

the food and drug organization. In New Jersey, the True Origin Law is enforced by the

State secretary of agriculture, and other powers are granted to the State department of

agriculture, which enforces the Comnaission Merchants, Dealers, Brokers, and Agents

Law.

EXEMPTIONS

Three classes of exemptions are recognized in the egg laws, affecting (l) producers,

(2) nonproducers, and (3) eggs.

In order not to interfere too much with sale of eggs by farmers, 37 States have provided that producers, under stated conditions, are exempt from the egg laws (table 1),

In 6 Eastern and 4 Western States, no one is exempt. These States are Delaware, Maryland, New Hampshire, New Jersey, Pennsylvania, Vermont, Montana, Nevada, Oklahoma, and Utah.

Exemtptions are not limited to producers. In 10 States, other persons also are

exempted under stated conditions from the egg laws. The States are Alabama, Connecticut, Illinois, Iowa, Minnesota, Missouri, North Carolina, North Dakota, South Dakota,

and Tennessee.

In addition to persons, the commodity itself is specifically exempted under certain

conditions in some States. The eggs are those entering interstate commerce or used for

hatching purposes. The States having such special provisions as part of the laws and

2 Kansas: Kansas Egg Law and Kansas Labeling Law. New Jersey: Fresh Egg Law and True Origin Law. Pennsylvania: Fresh

Egg Law and Bureau of Markets Act.

s Under Food and Drug Law, Sec. 147 A, Ch. 94, General Laws.
regulations are Alabama, Arizona, Colorado, Florida, North Carolina, Oregon, South

Carolina^ and Wisconsin.

Exemptions of Producers

Producers as individuals are exempt from State egg laws under different conditions

in various groups of States:

(a) States having no restrictions on sales to anyone by producers of the eggs:

Alabama

Arkansas

California

Colorado

Georgia

Idaho

Illinois

^ Indiana

Kansas

Kentucky

Louisiana

Massachusetts

Minnesota

Mississippi

Missouri

Nebraska

New York

North Carolina

Ohio

Oregon

Rhode Island

South Carolina

Tennessee

West Virginia

Wisconsin

Supplementary conditions affecting exenaption or acts of producers which would

invalidate the exemptions are:

Arkansas: Unless the producer obtains a license, the retailer cannot buy his

eggs as graded eggs.

California: Eggs may be sold to dealers, without restriction, for candling and

grading. Only in connection with an emergency may producers sell

ungraded eggs, and the State director of agriculture must authorize

it by special grant. Producers are exempt fronn the marketing requirements when making occasional sales from their own farms.

Colorado: Exemption applies only if producer sells uncandled, ungraded eggs

to a licensed first receiver. If he candles eggs he mtust obtain a

candieres license.

Georgia:

Indiana:

Missouri:

Oregon:

Rhode Island:

Any producer or other person selling less than one case of his own

production of eggs in a week is also exempt from 2-cent~per-case

inspection fee. Eggs bought or obtained from other sources are not

exempt.

Exemption applies if the eggs are sold and delivered on the producer's own premises and if the producer does not sell and deliver

eggs to wholesalers and retailers as "fresh eggs. " In the latter

case, the producer must obtain a "fresh egg permit. "

If the producer sells at an established place of business away fromt

the premises where the eggs were produced, he is not exempt.

Exemption applies if the producer does not sell his production on

the premises where the eggs were produced.

On sales to consumers,

tons or containers.

grade and size must be indicated on carWisconsin: Producers are exennpt if they do not sell eggs by grade.
(b) States exempting producers who sell their own production only to consumers,

institutions, and retailers:

Connecticut

Iowa

Maine

Michigan

South Dakota

Virginia

Washington

Wyoming

Connecticut: Producers selling directly to household users. Also ajl shippers

selling to a first receiver who will size and grade the eggs.

Iowa and

South Dakota: Except when candling and grading their own eggs for sale, in which

case, a license is required.

Maine: Producers selling their own eggs to householders are exempt except

when eggs are marked as to grade and size for sale to consumers.

Producers not exempt when selling to retailers.

Michigan: Exempt when selling their own production direct to consumers.

Virginia: Eggs must be edible and of the quality represented. Producers may

include eggs purchased from other producers not to exceed 60

dozen a week from such other producers.

Washington: License not required of producers selling and delivering shell eggs

to consumers at place of production.

Wyoming: When guaranteed personally as being fit for consumption.

(c) States exempting producers selling their own production not to exceed a stated

number of 30-dozen cases in a given period of time:

Arizona, Montana, New Mexico

Arizona: Producers selling eggs not graded according to quality and size to

retailers and consumers to the extent of 25 cases in a calendar

year. Producer must notify State egg inspector if he intends to sell

ungraded eggs and the area in which he intends to sell.

Montana: If producers* sales are not more than an average of 25 cases of

eggs a nnonth for any one year of other than their own production.

New Mexico: Producers selling directly to consumers not to exceed 5 cases in

any one week.

Exemptions of Nonproducers

(a) Hotels, restaurants, bakeries, confectioneries, and ice creann mianufacturers

and consumers buying for their own consumption:

(b) Retailers:

Alabama

Iowa

Illinois, Kentucky, Missouri, Tennessee

Minnesota

Oregon

Tennessee

Washington

Alabama: Retailers not selling more than 2 cases (60 dozen) eggs per week

at retail.
Iowa: Those who buy direct from licensed dealers and do not sell eggs in

lots greater than 1 case of 30 dozen.

Minnesota: Persons handling for retail sale only eggs which have been candled

by a licensed candler.

Oregon: Retailers who buy graded and labeled eggs acconnpanied by invoices

stating grade and size are not required to have an "egg dealers

permit. " Retailers who buy ungraded eggs must secure a permit

before grading, sizing, and labeling eggs fof retail sale.

Tennessee: Persons handling candled eggs for retail sale only, and having

proper storage facilities.

Washington: If eggs have been candled and graded previously by a licensed

dealer.

(c) Hatcheries purchasing eggs only for hatching purposes:

Alabanna^ Missouri

Illinois North Carolina

Iowa North Dakota 5

Kentucky South Dakota^

Minnesota Tennessee

(d) Dealers in general:

Connecticut, Illinois, Tennessee

Connecticut; Shippers selling eggs to a first receiver who will grade them into

proper size and grade before reselling the eggs.

Illinois: Agents of licensed dealers or distributors. If a truck operator buys

only from licensed dealers and sells only at retail, he is exempt

from license.

Tennessee: Dealers who purchase eggs from producers and sell to licensed

wholesalers. Also agents of licensed dealers.

Eggs Exempted

(a) Eggs in interstate commerce:

Eggs shipped into the State are exempt,, provided the shipment does not lose its

character as such, in which case, the State egg law becomes applicable. This

applies in Alabama, Colorado^, Florida, North Carolina, and South Carolina.

Eggs shipped out of State or if ungraded eggs are sold to licensed egg de.alers,

they are exempt in 3 States: Arizona, California'i', Oregon.

In Wisconsin they are exempt provided a grade certificate, cold storage label,

brand or trade-mark, previously approved by the department of agriculture, is

shown where inarketed.

4 Includes anyone buying and selling eggs for hatching purposes.

5 Covers only eggs to be used for hatching and labeled as such.

6 Eggs must be candled and be edible as defined in the law.

7 Provided they have less than 5 percent inedibles.
(b) Eggs marked with U. S. grade designations:

Arizona: Exempt from label only when sold to United States Armed Forces

and United States institutions.

ESTABLISHMENT OF STATE STANDARDS AND GRADES FOR SHELL EGGS

State standards and grades for shell eggs are determined by different methods:

1. The State law may specify in detail what are the standards and grades.

2. The State law may provide that the standards and grades are to be established

and promulgated by the State departnnent or board of agriculture or some other

agency, such as a commission or State egg board.

3. The law may authorize the conamissioner, director, or State secretary of agriculture to establish and promulgate standards and grades.

Method 1. --In 12 States, the laws provide that the standards and grades for shell

eggs for the State are those of the U. S. Department of Agriculture. The States are:

Arizona Kentucky New Mexico

Arkansas Louisiana^ Ohio

Georgia Mississippi South Carolina

Idaho Missouri Wyoming

In 8 of these States, the standards and grades automatically change whenever modifications are made in those of the Federal Government. The 4 exceptions are Arizona,

Kentucky, Georgia, and South Carolina. In Arizona and Kentucky, the State law must be

amended in order to change the State standards and grades. Kentucky requires that the

amendments must be submitted to the General Assembly for approval at the first session

following the changes made by the State department of agriculture, labor, and statistics.

South Carolina and Georgia authorize the State commissioner of agriculture to make the

necessary changes in order to carry out the intention of the law. In Georgia, the standards and grades are the U. S. wholesale standards and grades. The California and

Oregon laws specify standards which differ from those of the U, S, Department of Agriculture.

Method 2, --The 15 States in which the standards and grades are determined and

promulgated by the department or board of agriculture or a kindred organization are:

Colorado^ Maryland^O Pennsylvania ^2

Delaware Nevada Utah

Illinois New Jersey ^^ Virginia

Indiana North Carolina West Virginia

Kansas Oklahoma Wisconsin

The Colorado law provides that the State standards and grades shall be, as a minimum, based on the USDA standards effective March 1, 1955, or higher as deemed necessary by the commissioner. In Nevada, the egg law is enforced by the State department of

agriculture through the State quarantine officer. Indiana has a State egg board which

formulates the standards.

« Only the regulations provide that U. S. standards for shell eggs are the quality and weight requirements for the State.

9 Consumer grades established by the Colorado agricultural commission.

1Ä Through the department of markets of the Extension Service.

11 Applicable only to the Fresh Egg Law.

12 Through the State secretary of agriculture.
Method 3. --Nineteen States provide for the State commissioner, director, or secretary of agriculture to establish and promulgate State standards and grades. The States

are:

Alabama Massachusetts Nebraska South Dakota

Connecticut Michigan New Hampshire Tennessee

Florida Minnesota New York Vermont

Iowa Missouri North Dakota Washington

Maine Montana Rhode Island

Limitations are sometimes placed on those authorized to establish grades and standards. Florida provides that the standards and grades must not exceed those of the U. S.

Department of Agriculture. Iowa requires that the State standards must comply with

minimum standards for U. S. consumer grades. The Michigan law specifies that the

State grades are to conform so far as practical to U. S. grades and standards. The Tennessee standards are to be consistent with those of the U. S.

STANDARDS OF QUALITY FOR INDIVIDUAL SHELL EGGS

The desirability of promoting unifornaity in standards and grades for shell eggs is

indicated by the fact that in 43 States the standards for the interior quality of individual

shell eggs were the same as or very similar to those of the U. S. Department of Agriculture as promulgated in 1952 and 1955 (see table 1). In California, Maryland, Minnesota, Oregon, Vermont, and Washington, the standards for quality were sinnilar to, but

varied from, the 1952 or 1955 U. S. standards.

The difference between the standards in 1952 and 1955 for U. S. grade B eggs is that

in the latter year a clause relating to stains was inserted in the standard. It reads: "When

the stain is localized, approximately l/32 of the shell surface may be slightly stained,

and when the slightly stained areas are scattered, approximately l/l6 of the shell surface

naay be slightly stained. " The standard for grade C quality eggs also was naodified with

regard to stained eggs. The standards for grades AA and A were the same in both years.

Texas and Delaware did not establish any egg standards. Montana standards are

those promulgated by the USDA in 1947, Nevada's are those of 1925, and Massachusetts*,

those of 1929.

Tolerances in Quality Changes

Unavoidable changes take place in the quality of eggs after candling and before the

eggs reach the consumers. To allow for the changes in quality, specified grade tolerances are allowed in the percentages of eggs that are of lower quality. In 27 States, the

permitted percentages of quality tolerance in the consumer grades apparently are the

same as in the USDA consumer grades (table 2), In 10 States the percentage tolerances

varied from those permitted under the USDA consumer grades (table 3). Some States

specify tolerances in terms of 2 eggs per dozen, which is the same as published by the

USDA in 1946-1952. The U. S. Department of Agriculture deleted, effective July 1, 1952,

from its specifications for U. S, consunner grades for shell eggs, the tolerance in terms

of number of eggs per 30-dozen case and per dozen. Thirteen States, some of whom also

had tolerances in terms of percentages, limited the quality tolerance to not more than 2

eggs per dozen when sold at retail. In Maine and Nevada, which are 2 of the 13 States, it

was but 1 egg per dozen. In Vermont, the tolerance per dozen is as follows: Grade AA:

grade A white, 1 egg; Grade A: grade B white, 1 egg, and cracks and small spots, 1 egg;

Grade B: grade C white, 1 egg, and stains or cracks and small spots, 1 egg; Grade C:

dirty or cracks and small spots, 2 eggs. In 2 States, Wisconsin and North Dakota, the

tolerance was not specified. Seven States indicated the tolerance permitted in the U. S.

wholesale grades.
TABLE 1. —Summary of shell egg grading programs, by States

state, by region

NEW ENGLAND

Maine

New Hampshire

Vermont

Massachusetts

Pîhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey

Pennsylvania

EAST NORTH CENTRAL

Ohio

Indiana

Illinois

Michigan

Wisconsin

VffiST NORTH CENTRAL

Minnesota

Iowa

Missouri

North Dakota

South Dakota

Nebraska

Kansas

SOUTH ATLANTIC

Delaware

Maryland.

District of Columbia.

Virginia

West Virginia

North Carolina

South Carolina

Georgia

Florida •

EAST SOUTH CENTRAL

Kentucky

Tennessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma

Texas

MOUNTAIN

Montana

Idaho

Wyoming

Colorado

New Mexico

Arizona

Utah

Nevada

PACIFIC

Washington

Oregon.

California

State grades and

standards

Compulsory

U.S.,

X

X

X

X

X

X

X

X

X

X

Producers

exempt '

X

^"^ X

"Fresh egg"

provisions

Part of

law

X

X X

X

X

X X

X X

X

X

X X

X

X X

Separate

law

State standards for interior quality

of shell eggs

U.S. consumer grade, size, and

weight specifications used

Same as USDA

Previous

to 1952

X (1929)

X (19^7)

X (1925)

Similar

to 1952

or 1955

None

established

Partly USDA

1955 or 1952

X

Consumer grade

designations used

Other^

Special

candling

provisions

Footnotes on next page.
Footnotes to Table 1

^ See section _ on exeinptions for limitations.

2 State specifications for quality of individual eggs are about the same as the U.S. qualitydesignation indicated in parentheses following the State grade or quality designations.

Vermont: Grade M or Fancy (M); Grade A Fresh (A); Grade B (B); Grade C (C). (Similar to USDA

quality factors of 1952.)

Massachusetts: Special (AA); Extra (A).

New York: Fancy or AA (AA); Grade A (A); Grade B (B); Grade C (G). (Same as USDA quality standards of 1955.)

South Dakota: Grade A (A); Grade B (B); Grade C (C). (Similar to USDA quality factors of 1955.)

Kansas: Grade AA (AA); Grade B (B); no C Grade.

Msjrylscndi Fresh (A or better); Grade B (B); Grade C (C). (Similar to USDA quality factors of

1955.)

West Virginia: Fancy (U.S. Special); Grade A (U.S. Extra); U.S. Standards (Same). (USDA quality

standards of 1952).

Georgia: Fancy or AA (U.S. Special); Grade A (U.S. Extra); Grade B (U.S. Standard); Grade C

(U.S. Trade). (Same as USDA quality standards of 1952.)

Arizona: Grade AA (AA); Grade A (A); Grade B (B); Grade C includes loss-free edible eggs and

underweights.

Nevada: 1925 U.S. Standards for quality.

Washington: Grade AA (AA); Grade A (A); Grade B (B) ; no Grade C. (Similar to USDA quality standards of 1952. )

^ Indiana, South Da)^ota: Grade AA not part of State standards and grades.

* Illinois: All eggs sold or offered for sale at retail, except'those exen^pted, shall be graded

as to net weight and, quality, except when sold as "ungraded," which must be candled and edible.

^ Wisconsin: Candling compulsory. Eggs not graded must be labeled ungraded.

^ Wisconsin, Arizona: Except for C Grade.

''' Minnesota: Compulsory if eggs are sold at retail on a grade basis.

^ Minnesota has no Grade AA.

^ Iowa: Must meet USDA minimum standards.

•^° North Dakota: However, candling is compulsory.

'■■' Kansas, Nebraska: Unlawful to sell ungraded eggs below Grade B.

^2 Nebraska: USDA consumer grades used for retail sale.

^^ Maryland: Similar to USDA standards issued in 1955.

Oregon: Similar to USDA standards issued In 1952.

^^ Virginia: Coiitenc)lating changes in the State grades.

^' West Virginia: All eggs other than Grade A, still fit for human food, must be sold simply as

eggs.

^° Kentucky: New egg law passed. Rules and regulations to be formulated. Grade and weight standards for Kentucky consumer grades A, B, and C to be in conformity with Federal standards.

'-'^ Oklahoma: But must be sold as uncandled, ungraded eggs.

^^ Texas: No State egg law,

^^ incoming: Federal grades and sizes must be used if sold as graded eggs.

2° Washington: No grade C provision. Law provides standards of qxxality shall conform as nearly to

those of USDA as local conditions will permit.
TABLE 2. —Permitted quality and weight tolerances: Consumer grades for shell eggs, by States

state by region

Quality

Percentages

same as

USDA

Percentages

differ from

USDA

Not more than two

eggs per dozen

when sold retail

Tolerance

not

indicated

Leakers allowed within

permitted tolerance

Allowed Not indicated

Weight classes

Five percent in

minimum net wt.

permitted

Only minimum

net weight

permitted

Tolerance

not

indicated

NEW ENGLAND

.Maine

New Hampshire

Veimont.

Massachusetts

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey

Pennsylvania

EAST NORTH CENTRAL

Ohio

Indiana

Illinois

Michigan ,

Wisconsin

WEST NORTH CENTRAL

Minnesota

Iowa.

Missouri

North Dakota

South Dakota

Nebraska

Kansas.

SOUTH ATLANTIC

Delaware

Maryland

District of Columbia.

Virginia.

West Virginia

North Carolina

South Carolina.......

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky

Tennessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma.

Texas

MOUNTAIN

Ifontana

Idaho

Wyoming

Colorado

New Mexico

Arizona..............

Utah

Nevada

PACIFIC

Washington

Oregon

California

U. S

X

X

X

X

X

X

X

27

X

5 X

X

10

X

13 16

X

28 27 18

'" Maine: Permitted tolerance is 1 egg per dozen at time of inspection when

packed under the blue, white, and red State trade-mark.

^ Vermont: In all official size classifications of eggs each year between

June 1 and Sept. 30, inclusive, the following tolerances, in addition to

already existing tolerances, apply:

Tolerance No. l.--Each egg included in the following tolerances for all

egg size classes may weigh no less than the rate of 1 ounce per dozen (1/12

oz.) below the minimum weight per dozen of the official size class of the lot

in which it is found.

Tolerance No. 2.—For eggs in containers other than individual 1-dozen

containers, there shall be such tolerance, in addition to the existing 3

percent, as to create a total tolerance of 6 eggs per 3 dozen.

Tolerance No. 3.—For eggs in individual 1-dozen containers, there shall

be the total tolerance listed in tolerance No. 2 plus a 3.6 percent additional tolerance for weight loss during distribution, so as to create a total

tolerance for eggs in individual 1-dozen containers of 7 eggs per 3 dozen.

^ New York: Leakers considered as "loss eggs."

"^ Pennsylvania: A maximxim of 2 eggs per individual 1-dozen carton, of the

next lower ounce per dozen, is permitted. In lots of 30 or more, a tolerance

of 10 percent of eggs of the next lower ounce per dozen is permitted. For

wholesale grades, the weight variation tolerance if 5 percent by count for

individual eggs.

. ' Indiana: Within tolerance permitted, an allowance of 1 percent in Grades

A and B and 2 percent in Grade C for leakers at inspection point.

^ Iowa: Eggs below Grade B cannot be sold at retail.

'^ Missouri: No tolerance for Grade C eggs.

^ Missouri: No tolerance below the minimum weight for individual eggs is

allowed in weight classes.

* Delaware: In lots sold as large, medium, or small, a tolerance of 2 eggs

of the next lower weight classification is allowed in each dozen. If any lot

of eggs is sold as fresh and at the same time is sold as large, medium, or

small, the siun of the tolerances allowed above shall not exceed 2 eggs in

any dozen. Eggs below the designated size shall meet the requirements of thp

next lower size and eggs so included shall be those other than eggs included

in the tolerance of the lower size.

'-° Maryland: Two eggs in any dozen or 10 percent, by count of the eggs in

a 30-dozen case, not having serious defects, may be below the designated

size or quality; but the sum of eggs below the designated size and quality

shall not exceed 2 eggs in any dozen or 10 percent, by count of the eggs in

a 30-dozen case.

•^ ^ Georgia, West Virginia:, Have only wholesale grades.

^^Georgia: The weight tolerance, per dozen, where eggs are sold at retail,

is not more than 2 eggs of the minimum net weight for individual eggs at

rate per dozen. Not more than 5 percent tolerance of the minimum net weight

for individual eggs at rate per dozen shall be allowed where eggs are sold

in wholesale lots.

•"-^ Texas: Has no egg law.

^^ Montana: "To allow for variations incident to grading and handling not

more than 10 percent by coiint of eggs inspected shall be below the weight or

quality requirements of the designated grade. Tolerance for each grade shall

be confined to eggs in the next lower weight or quality grade."

'•^ Oregon: Tolerance specified for only case lots.

^^ Oregon: In determining the weight of any case or lot of eggs, the

following maximum tolerances shall be allowed:

"(1) Five percent of the individual eggs in any case or lot may consist

of eggs which fail to meet the minimum weight of the size standard.

"(2) On any lot or container of 1 dozen eggs, not more than 1 egg which

fails to meet the minimum weight of the size standard shall be allowed. However, weight tolerances for individual eggs shall not be construed as peimit-

+-*.ng a tolerance for the minimum weight per dozen as set out in ORS 632.025."

^ California: The tolerance for jimibo, extra large, large, medium, and

small size standards of eggs shall be as follows: Five percent by coxint of

eggs in any container or bulk lot may be eggs of the next lower size than

that specified, provided eggs of the quality grade G need not be graded and

marked as to size. Leakers as such are not allowed except in grade C. California does not consider grade C a consumer grade.

10
TABLE 3. —Permitted percentage quality tolerances in State consumer grades of shell

eggs 9 which differ from USDA gra^s

ÜSDA

and

State

Grade M

MinimiÄ

percentage

M

quality^

Tolerance

A quality

or better

B, C

quality

or checks

Grade A

Mninrum

percentage

A quality

or better

Tolerance

B quality

or better

C quality

or check

Arizona.

California...

Indiana

Iowa

Minnesota....

Montana

Oregon

South Dakota.

Washington...

Percent

80

80

85

80

90

85

85

Percent

15

13

10

15

10

10

10

Percent

5

5

5

Percent

80

80

85

80

80

80

90

85

80

85

Percent

15

15

10

15

15

20

10

10

20

10

Percent

5

5

5

5

5

Grade B

Minimum

percentage

B quality

or better-"-

USDA

Arizona

California...

I]?ïdiaîia^ ..

Iowa

Minnesota....

Montana

Oregon

South Dakota.

Washington...

Percent

80

80

85

80

80

80

90

85

80

80

Tolerance

C quality

or better

Percent

10

20

5

1<D

10

20

10

15

20

5

Dirty or

check

Percent

10

19

10

10

15

Grade C

Minimiam

percentage

C quality

or better-*-

Percent

80

2 100

80

100

90

100

Tolerance

dirty

or

check

Percent

20

100

20

10

Lot average.

^ Includes dirty and checked.

Leakers

The U. S. consumer grades for shell eggs provide, in a footnote, that within the

quality tolerance permitted, an allowance will be naade at receiving points or shipping

destinations for 1/2 percent leakers in grades AA, A, and B, and 1 percent in grade C.

Eleven States provide for the tolerance referred to. Indiana and Kentucky, however,

permit 1 percent leakers for grades A and B and 2 percent for grade C. California permits leakers only in grade C which, however, is not considered as a consunner grade.

Twenty-eight States do not indicate that they make an allowance for leakers (table 2). The

failure to include the leaker allowance in some States may be primarily due to its being a

footnote to the published USDA standards and grades. A number of the States adopting the

U. S. consumer grade standards apparently inadvertently omitted the allowance.

11
SIZE AND WEIGHT DESIGNATIONS FOR SHELL EGGS

Only 28 States have the same size and weight specifications for consumer grades as

those of the U. S. Department of Agriculture (table 1). Eighteen other States have variations which can be seen in table 4. The new regulations were not available to show the

size and weight designations applicable in Kentucky, A new egg marketing law was passed

which is scheduled to go into effect by January 1, 1957. However, USDA weight specifications apparently were adopted.

On March 1, 1955, the U. S. Department of Agriculture announced certain modifications, effective January 1, 1956, in the weight classes for U. S. consumer grades for

shell eggs. However, the scheduled changes in the weight classes for shell eggs were

rescinded, effective December 29, 1955, and the weight classes previously in effect were

continued. Two States, Alabama and Arkansas, however, prior to the rescission, had

incorporated the changes in their egg laws (table 2). Twenty-six States specify minimum

weights in the State standards. Their laws or regulations, except where indicated in footnotes, contain the following statements, taken from U. S. standards:

"Minimum weights listed for individual eggs at the rate per dozen are permitted

in various size classes only to the extent that they will not reduce the net weight

per dozen below the required minimum, consideration being given to variable

weight of individual eggs and variable efficiency of graders and scales which

should be maintained on a uniform and accurate basis. "^^

Effective July 1, 1952, the statement was changed to comprise only the part ending

with the words, "required minimum."

The Vermont law allows a "tolerance for errors in each grade: 1 egg per 3 dozen

may be 1 ounce (rate per dozen) below the minimum weight per dozen, provided each

dozen weighs the required nninimiunn. " No additional weight tolerance is allowed during

June 1 to September 30.

The Montana regulations allow a tolerance of not more than 10 percent below the

weight or quality requirements of the designated grade. The tolerance for each grade is

confined to eggs in the next lower weight or quality grade.

Nineteen States do not indicate a tolerance in weight classes.

VARIABLE TERMS USED TO DENOTE QUALITY IN SHELL EGGS

All but a few States use the U. S. Department of Agriculture terminology for grades

(table 1). Thirty-five States make reference to the use of the term "fresh eggs" in their

egg laws or the regulations under the laws. Four additional States, Massachusetts, New

Jersey, Pennsylvania, and Vermont, have separate laws pertaining to "fresh eggs. "

The fact that such a large numiber of States regulate the use of the term "fresh eggs,"

or words of similar import, indicates that the dealers handling eggs recognize the value

of the term in selling eggs to consumers. However, the quality specifications for socalled "fresh eggs" are not the same in all States and the term "fresh" is not used as

a quality designation in the U. S. Department of Agriculture standards. At times, egg

sellers use such terms as "hennery eggs, newlaid eggs, country eggs, ranch eggs,

nearby eggs, native eggs, quality certified eggs, selected, new arrivals, day-old eggs,

good eggs, extra selected, fancy eggs, strictly fresh, best eggs, fresh laid, farm eggs,

yard eggs, guaranteed eggs." Sometimes the name of the State in which eggs are sold is

used as a prefix to the descriptive term. The objective is to have the consumers believe

the eggs offered them are of high quality. The eggs may or may not be of top quality. The

real test is candling and grading according to some officially recognized standard established by some governmental agency.

Weight Classes, for Consumer Grades for Shell Eggs, " which became effective December 1, 1947o See Footnote 1.

12
TABLE 4, —Size and weight specifications in standards and grades for shell eggs, by States

state, by region

NEW ENGLAND

Maine

New Hampshire....

Vermont

Massachusetts,.,,

Rhode island.....

Connecticut

MIDDLE ATLANTIC

New York ,

New Jersey ,

Pennsylvania ,

EAST NORTH CENTRAL

Ohio

Indiana

Illinois ,,

Michigan

Wisconsin

WEST NORTH CENTRAL

Minnesota ,

Iowa ,

Missouri ,

North Dakota

South Dakota

Nebraska

Kansas ,.,

SOUTH ATLANTIC

Delaware

Maryland

District of Colvimbia.

Virginia..............

West Virginia ,

North Carolina ,

South Carolina ,

Georgia ,

Florida

EAST SOUTH CENTRAL

Kentucky

Tennessee ,

Alabama

Mississippi.,....,

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma.

Texas

MOUNTAIN

Mantana ,.

Idaho

V/yoming..

Colorado

New Mexico

Arizona

Utah

Nevada

PACIFIC

Washington

Oregon,

California

Minimum net weight Individual egg

Per dozen

30

ounces^

28

ounces^

Per 30 dozen

pounds '

56-lA

pounds

Mnimum weight

at rate per dozen

29

ounces^

Other

(ounces)

29-1/2

30

Weight

(ounces)

Extra Large

Minimum net weight

27

ounces^

See footnotes at end of table.

2-1/4

2-5/12

26

ounces^

Per 30 dozen

50.5

pounds '

51

pounds

48.5

pounds2

Individual egg

Minimum weight

at rate per dozen

26

ounces-'-

Other

(ounces)

26-1/2

Weight

(ounces)

2-1/12

2-1/6
TABLE 4. —Size and weight specifications in standards and grades for shell eggs, by States—continued

state, by region

NEW ENGLAND

Maine

New Hampshire

Vermont

Massachusetts

Rhode Island......

Connecticut

MIDDLE ATLANTIC

New York

New Jersey ,..

Pennsylvania

EAST NORTH CENTRAL

Ohio

Iiiciiana

Illinois

Mchigan

Y/isconsin

WEST NORTH CENTRAL

Minnesota

Iowa....

Missoiiri

North Dakota

South Dakota

Nebraska..

Kansas

SOUTH ATLANTIC

Delaware

Maryland

District of Colunibia..

Virginia

West Virginia

North Carolina

South Carolina

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky.

Tennessee

Alabama..........<

ifississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana ^

Texas

MOUNTAIN

Montana

Idaho ,

WyaadTig

Colorado...,

New Mexico.

Arizona....

Utah

Nevada

PACIFIC

Washington,.

Oregon

California..

Large

Minimum net weight

24

ounces^

23.5

ounces

Per 30 dozen

pounds^

Individual egg

Minimum weight

at rate per dozen

23

ounces-^

X X

X X

X X

X X

X

X X

X X

X X

X X

23-1/2

ounces

Weight

(ounces)

Minimum net weight

1-11/12

1-11/12

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

20.5'

ounces

Per 30 dozen

39.5

pounds^

40

pounds^

Individual egg

Minimum weight

at rate per dozen

20

ounces •"•

Other

(oz.)

20-1/2

Weight

(ounces)

1-8/12

1-2/3

See footnotes at end of table.
TABLE 4. --Size and weight specifications in standards and grades for shell eggs, by States—continued

state, by region

NEW ENGLAND

Maine

New Hampshire....

Vermont.

Massachusetts....

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York ,

New Jersey ,

Pennsylvania

EAST NORTH CENTRAL

Ohio

Indiana

Illinois..........

Michigan ,,,

¥/isconsin

WEST NORTH CENTRAL

Minnesota. .,

Iowa..............

Missouri

North Dakota......

South Dakota

Nebraska.

SOUTH ATLANTIC

Delaware

Maryland

District of Columbia.

Virginia

West Virginia ,

North Carolina ,

South Carolina ,

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky ,

Tennessee,., ,

Alabama....,.,...,

Mississippi

WEST SOUTH CENTRAL

Arkansas...

Louisiana

Oklahoma.

Texas,

MOUNTAIN

Jfontana

Idaho

Htyoming

Colorado

New Mexico

Arizona

Utah

Nevada.

PACIFIC

Washington........

Oregon ,

California

Minimum net weight

1Ö

ounces '•

Other

(ounces)

Per 30 dozen

3ir

pounds "

35

pounds

Individual egg

Minimum weight

at rate per dozen

17 ounces-^ Other (ounces)

18

17-1/2

Weight

(ounces)

^ Same as U. S. specifications and weight classes for consuaer grades for shell eggs, March 1, 1955.

Same as tentative U. S. standards and weight classes for consumer grades for shell eggs, December

1.25

1-5/12

Minimum net weight

15

o'unces-'-

Other

(ounces)

Uif&er av. of 18

Under 17

Under av. of 18

Per 30 dozen

28

pounds '"

Under 35

pounds

Individual egg

Weight

(ounces)

14-1/2 per dozen

1-1/6

Less than 1-1/4

Less than 1-5/12

^ Average weight per dozen.

^ New egg marketing law passed. Rules and regulations to be formulated.
Twenty-six States provide that the terms previously mentioned cannot be used unless

the eggs meet the quality requirements established by the States for Grade AA or A eggs.

The States having such requirements are Alabama, Arizona, Arkansas, California,

Connecticut, Georgia, Idaho, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Mississippi, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oregon,

Rhode Island, Tennessee, Utah, Vermont, Washington, and VVest Virginia. In addition,

the Arizona law provides that the eggs must not have been held in cold storage for more

than 30 days. Louisiana requires that terms implying freshness can be used only in connection with graded eggs having not less than the nninimum quality requirements of U. S.

consumer grade B eggs or better. New Jersey consumer grade B and grade C eggs are

designated by that State as "nonfresh eggs. "

In New Hampshire, no eggs are deemed to be fresh which do not meet the standards

of New Hampshire Extra grade as established by the com.missioner of agriculture. It is

also required that all fresh eggs for human consum.ption sold, offered, exposed, or

advertised for sale at retail or wholesale or exchanged or distributed at retail or wholesale, within the State, shall be plainly and conspicuously marked and identified with the

word "fresh. "

The Michigan law specifies that eggs to be deemed fresh must fully meet the standards of quality specified for the U. S. Extra (a wholesale grade) or the equivalent, as

described in the latest U. S. Department of Agriculture standards for individual eggs.

Furthermore, eggs which fully meet the specifications of a U. S. standard or the equiva*

lent and which have not been subjected to artificial refrigeration for more than 45 days

may be designated simply as "Fresh grade B eggs;" except that descriptive words denoting color may be used and certain other provisions of the act nmust be met. Where the

term "fresh grade B eggs" is used, the words "grade B" must be of the same size and

prominence as the word "fresh. "

Maryland rule 14 states: "Any eggs not designated as Grade B or as Grade C shall

be presumed to be »Grade Fresh, » regardless of whether or not a term is used in

describing the quality. "

New York, Pennsylvania, South Carolina, and Nevada provide that terms implying

freshness cannot be used for eggs that do not conform to the classifications or definition

provided for fresh eggs in the act itself or do not meet the standards of quality for fresh

eggs established by the commissioner of agriculture.

Minnesota prohibits the use of the term "fresh eggs, " or other words or description

of similar import, if such a statement or term is false or misleading. In Colorado, such

terms as "fresh eggs, " "farm fresh, " and "new laid" are considered as misleading and

may not be used in place of or in connection with the actual grade and size of eggs. The

term "fresh" can be used in Florida only as an honest statement of fact as supplemental

advertising, in combination with the word eggs, in phrases such as "refrigerated eggs

to preserve fresh quality," The use of such legends as "strictly fresh, farm fresh, dayold eggs" is not permitted in that State. The use of terms pertaining to the area of production in Florida must be approved by the poultry and egg division.

Tei:ms of the character previously mentioned are considered in North Dakota to be

ambiguous, and cannot be used under the regulations in that State. In Montana the term

"fresh" or words of similar import cannot be deemed a substitute for a grade designation. The Virginia egg law requires that terms alluding to the freshness of eggs can be

applied only to eggs with air cells not over one-fourth of an inch deep, localized, and

regular; with whites firm and clear; the yolks may be visible, but with no visible germ

development.

The Delaware law merely provides that freshness must not be implied for eggs

offered for sale which are not fresh.

16
fí a wholesaler in Indiana desires to sell "fresh eggs" or use any terms implying

freshness, he must secure a fresh egg permit in addition to his certificate of registration. He cannot, however, sell grade B eggs as "fresh" under the fresh egg permit. A

certificate of registration is required of a retailer who sells Indiana Grade A eggs, and

the fresh egg permit is provided at no additional cost. On or near all eggs offered for

sale as fresh (Indiana grade A) eggs, permittees must prominently display a placard

indicating such eggs are fresh (Indiana grade A) and also indicating the size.

EXTENT TO WHICH USE OF STATE GRADES AND STANDARDS IS

COMPULSORY C»l VOLUNTARY

Thirty States naake compulsory the grading or sizing of shell eggs according to the

State's grades and standards. Another 16 States permit grading and sizing on a voluntary

basis (table 1). However, there are certain exemptions from the provisions, which were

described earlier in this report (pp 2 to 6). Although some States have voluntary grading

and sizing, some also have provisions within the egg laws or regulations pertaining to

advertising and labeling of eggs when sold according to grade or as unclassified or ungraded. Othtr sections of this report explain the advertising and labeling regulations.

SPECIAL CANOLING REQUIREMENTS

As all States prohibit the sale of inedible eggs, candling must be done before the

eggs reach the consunner. Some States, however, have special provisions in the egg laws

and regulations pertaining to candling. Some of these provisions define what constitutes

candling, who should do the candling, improper dockage, the size of the candling certificate or label, the information to be given in the certificate, whether or not the candler

must be licensed, the examination of candlers, the requirements for proper facilities

for candling, where the candling certificate is to be placed in a case, and maintenance of

candling records. Fourteen States have provisions in their laws or regulations covering

one or more of the points nnentioned (table 1).

Three States, Kansas, North Dakota, and South Dakota, provide that the purchase of

eggs must be on a "loss off" basis. In Kansas all rejects must be returned to the producer if requested and must be sufficiently marked to distinguish them from good eggs.^"^

In North and South Dakota, all eggs delivered by producers for sale must be candled

before full payment is nriade for the eggs; however, a partial paynaent may be naade before candling.

A few States impose some requirements as to the facilities to be used by dealers in

eggs. In Iowa and South Dakota, licenses are issued only after an inspection has been

made and the premises and equipment have been approved. For example, the North

Dakota law states, "Every person engaged in the business of buying eggs in this State for

resale or consignment shall maintain an adequate place for the accurate candling of eggs

and a suitable place for the proper handling of eggs which are intended to be used for

human food. "

Closely related to the above is sanitation. Kansas and South Dakota require that all

wooden and fiber egg cases must be clean. Flats and fillers must be dry and clean. In

Kansas, the provision is applicable to farnaers as well as others who handle eggs for

human consumption.

LICENSING OR REGISTRATION REQUIREMENTS

In 33 States, licenses, registration certificates, or permits nnust be obtained by

dealers buying and selling eggs. In 15 States, no registering or licensing is required by

the State (table 5), but local licenses may be required by counties, cities, or miunicipalities in some States, ^

1* Kansas Food and Drag Law, Sections 17224 and 17226.

17
TABLE 5. —Licenses, certificates, or permits for egg dealers: Requirements by States

state, by region

NEW ENGLAND

Maine...

New Hampshire.

Vermont

Massachusetts.

Rhode Island..

Connecticut...

MIDDLE ATLANTIC

New York

New Jersey........

Pennsylvania......

EAST NORTH CENTRAL

Olio

Indiana

Illinois ,

Michigan

Wisconsin

WEST NORTH CENTRAL

Minnesota .

Iowa

Missouri

North Dakota

South Dakota

Nebraska

Kansas

License, certificate or permit ■■

Not

required

X

SOUTH ATLANTIC

Delaware

Maryland

District of Columbia..

Virginia

West Virginia

North Carolina

South Carolina

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky

Tennessee

Alabama

Mississippi.......

WEST SOUTH CENTRAL

Arkansas

Louisiana........

Oklahoma.

Texas

MOUNTAIN

Montana

Idaho

Coming.....

Colorado....

New Mexico..

Arizona.....

Utah

Nevada.

PACIFIC

Washington..

Oregon.....,

California..

U. S..

Required

Assemblers,

packers,

shippers,

wholesalers,

jobbers,

brokers,

processors

Candlers

and

graders

X

21

Annual license fee

Not

required Same

for all

Varies

for

classes

entirely or

partly on

volume of

business

Required for

each truck

used in

buying and

selling eggs

Candlers

and

graders

Inspection fee,

stamps

or labels

required

$2.00

$1.00

not stated

no charge

no charge

$2.00

^Producers and others exempt under certain conditions. See section on

Exemptions. , ^ a. ^ i

2 Maine: Anyone packing eggs under the blue, white, and red trade-mark,

however,, must be licensed by commissioner of agriùulture. , ^ , ,,

3 New Hampshire: Voluntary quality program; also see footnote 4 to table

7.

^ Vermont: Not applicable to a merchant or farmer who does not go from

place to place buying eggs nor to any charitable organization or town or

welfare department. Number plates are furnished each licensee for vehicles.

5 Connecticut: To use the words "Connecticut" or "U. S." in connection

with official grades, the packer must register with the commissioner of

agriculture. , ^ .

^ Illinois, South Dakota: Retailer exempt if he purchases eggs only from

licensed dealers. . ^ „„

7 Wisconsin: Applies only to out-of-State concenis buying in Wisconsin.

* Kansas: If a retailer buys from a registered packer and all provisions

of the law are being complied with, the retailer does not have to register.

' Kansas: Annual fee based on quantity of shell eggs sold to purveyors or

consumers. Fee may be paid either by use of inspection fee stamps or by

obtaining a permit to report and pay the inspection fee on a quarterly

basis.

^0 West Virginia: However, candlers and graders must be certified and

registered. , -, . ^

^^ Arizona: Not required when eggs are purchased from producer or licensed

dealer and sold to consumers.

^2 Washington: Any distributor or person placing his name upon the carton

or container must be licensed. A license is not required for a person selling eggs that have been previously candled and graded.

^3 Oregon: Required only when retailer buys ungraded eggs and does his

own candling and grading.

18
In addition to requiring assemblers, shippers, packers, wholesalers, brokers,

commission houses, and processors to obtain licenses, certificates, or permits, 21

States also require this of retailers. However, there are certain exceptions to the licensing and registration provisions which are indicated in the footnotes to table 5 and in the

section dealing with exemptions (pp 2 to 6). Dealers are required to obtain a license or

certificate for each place of business; and in Colorado, Illinois, South Dakota, and

Wyoming, for each truck operated in connection with the buying or selling of eggs. In

Colorado, a dealer holding a wholesale egg license and operating retail truck routes,

selling directly to consumers, must obtain a small-retailer license for each vehicle

used. If he does not have a wholesale license, he must obtain a medium-retailer license.

In Illinois, if a truck operator buys eggs only ÍTom licensed dealers and sells at retail

only, he is exempt frona license. In Vermont, number plates are issued to licensees. A

separate plate is issued for each vehicle operated by a licensee, A surety bond is required in some States; for example, in Vermont, However, this report does not cover

the subject of bonding requirements.

Seven States require the registration of candlers and graders. They are Georgia,

Colorado, Iowa, Montana, South Dakota, Tennessee, and West Virginia.

Producers who sell eggs from their own flocks are exempt from the licensing provisions in 37 States, provided they comply with certain stated conditions (see section

"Exenaptions*' and table 1).

The State fees for licenses vary from no charge to relatively substantial amounts.

Fees are relatively large especially in States where they are based on the volume of eggs

handled by the dealer or processor, as in Colorado, Kansas, Kentucky, New Mexico,

Missouri, Tennessee, Nebraska, Arkansas, Oregon, and Illinois, Processors usually

pay a higher fee than other dealers in eggs. Retailers* fees are generally less than those

charged wholesale dealers. License or permit fees for candlers and graders are nominal,

and in some States no charge is made for them,

Stannps must be purchased or inspection fees paid in nine States, some of which also

require the paym.ent of license or registration fees. However, in certain States where

license or registration or inspection fees are based on quarterly reports (as in Arizona

and Kansas), no stamps are required.

MISREPRESENTATION AS A VIOLATION

Misrepresentation of the quality and size of eggs is prohibited in the laws of 45

States. The misrepresentation nnay be in the form of false or misleading advertising or

labeling, or in the use of deceptive signs or placards. The advertisements may be in

newspapers, signs, or handbills. Labels are applied to containers, which may be cases

containing 30 dozen or a smaller number of eggs, cartons holding a dozen eggs, bags or

other form.s. The placards are signs which accom.pany bulk displays.

In som.e States, the egg law or other laws applicable to eggs contain separate sections or paragraphs pertaining to advertising, labeling, and bulk displays. In other

States, references to all three subjects are in a single section or paragraph and are not

treated separately. In still other States, the whole subject of misrepresentation is

treated in a general nianner, with no special provisions pertaining to any one of the three

types. For illustration, the New York law states: "No person shall sell or offer for sale,

or advertise for sale, eggs for human consumption if the package containing them or the

label on them, or any advertising accompanying them, shall bear any statement or device

regarding the eggs which may be false or misleading in any particular, " Another illustration is Wyoming, where "all misleading or deceptive statennents on labels or in advertising shall be deenaed to be a violation of the Wyoming Food and Drug Laws. " The States

making specific reference to advertising, labeling, or bulk display, and describing the

major requirements, are indicated in the following three sections of this report.

19
Advertising Requirements^^

To prevent rnisleading statements or misrepresentation or to require sellers to supply specific infornnation in advertising eggs, 45 States have legal or regulatory provisions pertaining to advertising of eggs. The 3 exceptions are Iowa, Kentucky, and Texas.

Thirty-one of the States require that the advertisements must indicate the correct grade

and size of eggs offered at the advertised price (table 6). If the eggs are unclassified or

ungraded they must be so described in the advertisements in 13 States. Five additional

States require that only the grade be stated. In 2 more States, only the size of the eggs

need be mentioned.

To assure that buyers will be aware of the quality and size of the eggs, 10 State laws

require that the classification, grade, and size names must not be abbreviated. FurtheriTLore, the lettering pertaining to quality and size nriust, in 8 States, be of a specified size

in relation to that indicating the price. For example, the law in Utah provides that "Any

advertisement or statement of grade of eggs shall be of the same style of lettering as the

name of the product or other descriptive matter on the label, sign, or advertisemtent,

and such statement of grade shall be given in letters which are not less than one-third as

high as the letters or figures in which the price is stated or displayed; and shall be of

such style and arrangements as to be plainly legible and readable under ordinary and

usual conditions." North Carolina also provides that "the grade and size classification

shall be shown conspicuously in letters not less than one-tenth size of letters or figures

used to print the word ^EGGS' or the price shown for the particular eggs being offered

for sale, whichever is larger." Wisconsin has provisions against fraudulent advertising

of foods,-'-^

Seven States, Alabama, Connecticut, New Jersey, Florida, Georgia, North Carolina,

and South Carolina, specify the conditions under which the name of the State or local

area, as a source of production, naay or may not be used in advertisements. The conditions are prinaarily that the eggs were produced in the State. In some States the eggs

nmust meet the State standards and grades. A special permit must be obtained in certain

States to use the State naaie in connection with advertising the eggs. Eggs from other than

South Carolina producers miust be sold in that State as "Shipped Eggs. " Three Western

States, Idaho, Montana, and Oregon, require that eggs from foreign countries must be

advertised as such.

Because of the possibility that consumers may be misled as to the quality of eggs,

36 States have provisions regarding the use of the term "fresh" or words of similar import in advertisements. ^'^

Labeling^ö

Grade and size. --All States except Texas, which has no State egg law, have provisions in the egg laws or in the rules and regulations, which are considered as part of the

laws, pertaining to labeling of eggs (table 7). In some States, the labeling provisions are

general, as, for instance, in Arizona, Iowa, New Jersey, and vVyoming. In those States,

the provisions are more in the nature of prohibitions against mislabeling or giving misleading information as to quality and size, rather than specifications of what the label

should comprise.

Correct labeling as to the exact grade and size is considered important by most

States. In 40 States, eggs reaching the consumer must be correctly labeled as to grade

and size according to the State standards and grades. In 4 States, the label must show the

grade, and in 1 it must show the size of the eggs. If mixed, unclassified, or ungraded,

the eggs nnust be labeled as such in 23 States.

15 See section on Exemptions, pp 2 to 6.

1« Chapter 97 Wisconsin Statutes 1955. Dairy Foods and Drugs, Sec. 97.64 and 97.66,

IT See section on " Variable terms used to denote quality in shell eggs. " pp 12 to 16.

18 See section on " Exemptions, " pp 2 to 6. Also see section on "Variable terms used to denote quality in shell eggs,

and table 1.

20
TABLE 6. —Advertisihg: Requirements pertaining to shell eggs, by States

state, by region

NEW ENGLAND

Maine

New Hampshire

Vermont

Massachusetts

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey.

Pennsylvania

EAST NORTH CENTRAL

Ohio

Indiana

Illinois ,

Michigan ,

Wisconsin

WEST NORTH CENTRAL

Minnesota ,

Iowa

Missouri

North Dakota

South Dakota

Nebraska

Kansas

SOUTH ATLANTIC

Delaware.

Maryland

District of Columbia

Virginia

V/est Virginia

North Carolina

South Carolina

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky

Tennessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma

Texas

MOUNTAIN

Montana

Idaho

Wyoming

Colorado.

New Mexico

Arizona

Utah

Nevada.

PACIFIC

V/ashington

Oregon

California

U. S

Advertisement must state

Grade

and siae

of eggs

Grade

only

Size

only

If unclassified

ungraded eggs

Area of

production

Grade and size

Size of letters in relation

to price advertised or

other factors specified

Abbreviations

of grade and

size proW-bited

X

11

Use of term

«fresh eggs"

restricted

^ New Hampshire: All fresh eggs sold, offered, exposed or advertised for

sale at retail or wholesale, or exchanged or distributed at retail or wholesale within the State.shall be plainly and conspicuously marked and identified with the word "fresh."

2 Massachusetts, Minnesota: Required if price is stated in advertisement.

Not required if eggs are advertised as "not sized" or "ungraded eggs." If

sold at wholesale, size need not be shown unless eggs are packed in cartons

or other containers for retail sale.

^ Connecticut: The words "Connecticut" or "U.S." may not be used in connection with official grades unless the person or firm packing the eggs is

registered by the State commissioner of agriculture.

* California, New York, Ohio, Oregon: Statement of grade and size required

if price is stated in advertisement, sign, placard, or otherwise.

^ New Jersey: Pennission must first be secured from the State secretary of

agriculture in order to use the words "New Jersey" or name of any cotmty or

municipality thereof. State of origin must be in type of size equal to that

used for name and address of packer, repacker, or receiver.

^ Indiana: In all quotations or advertising of any kind by any medium

connected with the sale of eggs by registrant under the act, if the price is

quoted then the grade and size of the eggs so priced must be stated in such

quotations or advertisement.

''' Michigan: When eggs are sold in bulk, placard must also show quality (if

quality is such that under the law it must be stated).

^ Missouri: Letters must be in bold-face type and at least half the size

of the letters or figures used to designate the price of such eggs.

^ South Dakota: Grade designation must be at least half the size of posted

price.

^^ Maryland: Block letters must be used which are at least half the height

of the tallest letter or figure indicating brand name, the word "eggs," or

price.

'••'• West Virginia: Words used to indicate quality or grade must be of same

size as used in word "eggs," and must next precede or follow the word

"eggs."

^^ North Carolina: Name, address, and certificate number of distributor

required. Grade and size classification shall be in letters not less than

l/lOth size of letters or figures used to print the w^ord "eggs," or the

price shown for the particular eggs being offered for sale, whichever is

larger.

^^ Georgia: Grade and weight classification must be in letters equal in

size to those advertising the eggs for sale.

^^ Georgia: Also applicable to State of origin.

^^ Florida: Cannot be used with classification or grade legends.

^^ Alabama; Cannot use name of State in the advertisement if the eggs were

not produced in the State.

-' ''' Alabama, Mississippi, Oregon: Unless eggs are of consumer grade AA or A

according to State standards.

^^ Louisiana: No descriptive words can be used when advertising ungraded

Footnotes continued on next page.

21
Footnotes for Table 6—Continued provided such special name, design, or trade-mark is not misleading or con-

,o tradictory to the actual grade and weight; provided, further, that such

^' lûuisiana: Not less than U.S. consumer grade B. "special name, design, or trade-mark" shall first be approved by and

^^ Montana: Advertisement must state grade but containers must shew grade registered with the connissloner,

and size except when consumers purchase eggs at place of production from ^3 Arizona: Letters must be coMpicuous and in bold-face type at least

producers. half the size of the letters or figures used to designate the urice

^ ^ Montana, Oregon: If originating in a foreign country or State. All 24 utah: "Advertisements or statements of grade shall in no way be

restaurants, hotels, cafes, bakeries, and confectioneries using or serving obscured by objects or designs placed in such a manner as to hide or interforeign eggs in any form must place a sign in letters not less than 4 fere with readability." Statement of grade must be in letters not less than

inches in size in some conspicuous place, "We use foreign eggs," one-third as high as the letters or figures In which price is stated and

22 CkDlorado: Advertisement mxist include statement of correct grade and style and arrangements must be legible and readable,

weight of eggs in type equal in size to the statement of price. A person ^5 Washington: Advertising reported more adequately covered by Washington

may add a special name, design, or trade-mark to the grade and weight. Food Law.

22
TABLE 7. —Labels: Requirements pertaining to shell eggs, by States

state, by Region

NEW ENGLAND

Maine

New Hampshire

Vermont ...

Massachusetts

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey........

Pennsylvania

EAST NORTH CENTRAL

Ohio......

Indiana.

Illinois

Michigan

Wisconsin

WEST NORTH CENTRAL

Minnesota

Iowa

Missouri

North Dakota

South Dakota

Nebraska

Kansas

SOUTH ATLANTIC

Delaware

Maryland

District of Columbia.

Virginia

West Virginia........

North Carolina

South Carolina

Georgia..

Florida

EAST SOUTH CENTRAL

Kentucky

Teimessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkaasas

Louisiana

Oklahoma

Texas

MOUNTAIN

Montana.....

Idaho

Wyoming

Colorado....

New Mexico.,

Arizona....,

Utah

Nevada

PACIFIC

Washington.

Oregon......

California.

U. S...

Grade

and

size

of eggs

X

23 X

25 X

26 X

X

X

X

27 X

X

Label must state

Grade

only- only

If mixed, unclassified, candled,

uncandled, or ungraded eggs

7 X

23

Area of

production

If "shell"

treated"

X

If "cold

storage"

Date

candled

graded

Date

packed

Name and address or license number

packer

C)

distributor

or for whom

candled or

graded

Candling or

grade

certificate

number

Grade and size

Size of

letters

specified^

X X

X

X

X X

X X

X

X

X

X

X

X

X

2Ö

Abbreviations

prohibited

Seal or

stamp

required

See footnotes on next page..
Footnotes to Table 7

•' All States: Applicable to case and cartoned eggs.

2 Size of letters specified:

New Hampshire: Printed or stamped terms must be 1/4- inch or larger in height.

New Jersey: Labels or other identifying marks on cases or cartons shall bear name and address of

packer or dealer and State of origin. State of origin shall be in type of a size at least equal to the

name and address of the packer, repacker, or receiver.

Illinois: Eggs candled or graded outside the State must meet the requirements of Illinois' standards. The original candling date of eggs candled outside the State must appear on the container in

which the eggs are offered for sale at retail in lettering not less than l/8 inch in height and must

be shown as follows: MAR. 12, or 3 - 12, or 71, indicating the day of the year. The hyphen is necessary when numerals are used to indicate the month.

Minnesota: If graded eggs are exposed or offered for sale in cartons, bags, or other containers,

such cartons, bags, or other containers shall be plainly and conspicuously printed in letters not

smaller than l/4 inch in height, or plainly and conspicuously stamped or marked in letters not smaller

than l/2 inch in height with the exact grade.

Missouri: Not less than 3/8 inch in height on the outside top face of each container holding less

than 15 dozen eggs and not less than 2 inches in height on one outside end of any oblong or other

container holding 15 dozen or more eggs.

Maryland: Grade terms and classification on oases or crates shall be on top of cover in block

letters at least 1 inch in height unless placed on end of case.

North Carolina: Height of letters applies only to consumer packages. On 30-dozen cases and other

containers other than consumer packages, letters must be not less than 1/2 inch in height.

South Carolina: Also for letters for origin (South Carolina or shipped) and not less than 1/4- inch

for license number, date packed, and packer's name.

Kentucky: Graded eggs offered for sale in cartons or other packs containing 1 dozen or less shall

be plainly marked as to grade, quality, and size with letters not less than 1/4 inch in height. Eggs

offered for sale as ungraded candled eggs shall be plainly marked "Ungraded and Candled" on the cartons

with letters not less than 1/4 inch in height, and in bulk on a placard with letters not less than l/2

inch in height.

Alabama: The label affixed to each case or partial case of eggs shall be of a size not less than

5-1/2 inches by 8-1/2 inches. The name and address of the packer and the grade and size of the eggs

shall appear on each case label in letters not less than l/4 inch in height.

The date on which the eggs were graded shall appear on the label in letters not less than l/Ö inch

in height. Case labels must be eiffixed on one end of the case. Labeling information required to appear

on each carton or other type container or package of eggs shall be in letters of not less than 3/16 of

an inch for die grade and size of the eggs.

j,^^ The date on which the eggs were graded shall be in letters not less than 1/8 inch in height. This

\^ information must appear either on the top or side of the carton or other container.

Louisiana: All containers of "Candled Ungraded" or "Candled Current Receipts" shell eggs offei^d

for sale or sold in Louisiana shall be clearly and legibly marked, stamped with the date of candling

and the name and address of the person who last candled, cartoned, packaged, or conditioned the eggs.

These markings shall be in lettering not less than l/4 inch in height, in a conspicuous place, on all

containers, including all types of cases and 1 dozen or l/2-do2en cartonsColorado: Also every container or carton of eggs offered for sale to consumers shall have a tag or

label showing date of candling, name and address of firm, and stating, in letters l/4 inch in height,

the grade and weight designation.

Utah: Designations of size and quality required shall be plainly and conspicuously placed in boldfaced, gothic-type letters, not less than 1/4 inch in height on the outside top face of each container

holding less than 15 dozen eggs and, when held in retail establishments, not less than l/2 inch in

height on 1 outside end of any oblong container holding 15 dozen or more eggs and not less than 1/2

inch in height on 1 outside plainly visible surface of any other container holding 15 dozen or more

eggs.

Nevada: When eggs are removed from the original container for resale, the true grade of the eggs

must be stamped upon the subsequent container in letters not less than 1/3 inch in height. If placed

on display for sale, a sign must be placed immediately over the eggs in letters not less than 1 inch in

height, giving the true grade of the eggs.

Washington: Each container and subcontalner must be marked with vinabbreviated designation of grade

and size, name and address of person by or for whom eggs were graded and marked. Size of markings on

top side of container of less than 15 dozen in bold-face letters not less than 1/4- inch in height and

on oblong containers of 15 dozen or more not less than 1/2 Inch on outside end. Markings not required

on containers from a properly marked bulk display and packaged in the presence of the p'urchaser

when shipped out of the State.

California: Markings shall not be less than 1/4 inch in height on containers holding less than 15

dozen eggs and not less than 1/2 inch on any container holding 15 dozen or more eggs.

Maine: Also carton must be sealed and stamped; name of firm or person doing the candling must appear

on carton only for eggs packed under the State trade-mark.

* New Hampshire: If sold "fresh" must be marked "fresh." A packer of New Hampshire shell eggs is

allowed to use the State of New Hampshire seal of quality design only after Ttigk-tT^g application to the

conanissioner of agriculture for a permit, and receiving from him a permit granting the right to use the

same. The application is to be acconçanied with a fee of $2. The permit may be revoked, sxispended, or

cancelled by the commissioner whenever upon Investigation it shall appear that the seal has been misused. Containers, labels, and advertising bearing the design must be approved by the New Hampshire

department of agriculture before use. Cold-storage eggs are under control of Food, Drug, and Cosmetic

Law.

^ Vermont: Each container sold to a retailer must also be marked with dealer's identification and

date of shipment.

^ Rhode Island: Grade and weight classifications on all cases or crates of eggs must be placed on

top or side of cover in block letters. On sales to consvmiers the exact grade and size must be conspicuously printed on top of the carton, bag, or other container in which eggs are delivered to the

purchaser,

''' Connecticut: Name and address of,packer or distributor required under Connecticut Food and Drug

Law.

^ Indiana: TShen offered for sale by registrants as "Indiana grade A," "grade B," or "grade C" eggs,

stamps or marks on packages must also show size of eggs. Also, stamps must be attached by wholesaler

showing date of delivery, registration number, or name and address of wholesaler.

^ Wisconsin: Name and address of packer or for whom packed required by the Wisconsin branding and

labeling law section of the law covering dairy, food, and drug regulation.

■■■^ Minnesota: Grade only if sold as graded eggs; if sold as "ungraded eggs," they must be so marked.

^•^ Iowa: All eggs sold at retail must be no lower than USDA consumer grade B.

■■•2 Missouri: No markings are required on ccartainers or subcontainers when sold at retail from a

properly marked bulk display and packaged in the presence of the purchaser for the laBBedlate purpose

of the sale.

^^ North Dakota: All eggs offered for retail sale must be labeled as to grade only or labeled as

"candled ungraded eggs," together with the name and address of the jobber, retail dealer, or other

person placing the eggs in commerce.

^^ Kansas: No eggs below grade B nor eggs labeled "Uhgraded" vhlch are lower in quality than consxfflier grade B can be spld to consumers or food purveyors. All below grade B are designated as xonclassifled. Date.candled and graded reqxdLred on all cases or half cases sold to food purveyors. Dating not

reaulred but encouraged on 1-dozen cartons.

^' Kansas: Annual fee based on quantity of shell eggs sold to purveyors or consumers. Fee may be paid

either by use of Inspection fee stamps or by obtaining a permit to report and pay the Inspection fee on

a quarterly basis.

^ Virginia: Eggs lœsvlng into private or cooperative packing plants, first receivers, to be candled

and graded, need not be marked.

^"^ West Virginia: Case labels must show grade and size but showing of grade on devlivery containers

is optional with retailer.

^^ North Carolina; Retailer who purchases eggs directly from a p3X)ducer may sell at retail in cartons such eggs without grade or size being designated thereon.

^^ Florida: Case label must be 7x7 inches, also show name and address of packer. Carton labels required to be bo\jight from the State. Processed eggs must show State of origin.

^° Tennessee: Eggs packed in bulk or cases for retail trade must bear candling certificate wi-Üi

packer's or distributor's name and address, classification, grade, and size, and whether ungraded.

Cartons or other types of containers packed for retail trade must have sme information as in candling

certificate with exception of license number. Date when quick grading or check grading was made is to

be shown. Use of word "preservative" prohibited in regard to keeping qualties of eggs.

^ ^ Mississippi: If sold on grade basis must be labeled accordingly.

^2 Oklahoma: Grade or candling label must be affixed to the container. Consumer packages must be

sealed with label showing license number or name of seller and date eggs were candled, graded, and

sized. No grade or candling label required on cases containing cartons of shell eggs if the cartons

bear appropriate labels.

2^ Wyoming: Required if quality or size classification is referred to in labels or advertising. Eggs

must be personally guaranteed by producer or retailer as fit for consuaiptlon.

^^ Colorado: Eggs below consumer grade B shall not be sold to consximers. Also unlawfia to use cartons in unsanitary condition or a used carton having any identification of any person other than the

person àelling the eggs.

^^ New Mexico: A 7-lnûh-square label must be pasted on each case or partial case of eggs showing

name and address of packer, grade, and size of eggs. Cartons must have a 2x3-lnch label used as a seal

showing size and grade. Unlawful to sell uncartoned eggs at retail.

26 Arizona: Not required when sold and packed on a contract basis to U.S. Government with labeled

USDA grades or when delivered fresa outside State for candling and grading or for cold storage or shipment outside the State.

^'^ Oregon: Also name of producer, wholesaler, or retailer. Inforaation must be on one end of all

cases. All carteáis of graded eggs must be labeled. Retailer may buy ungraded eggs only if he sells

such eggs to wholesale dealers or if he grades and sizes them before offering them for sale at retail.

Designation of grade and size imist not be abbreviated.

2® California: ^gs that have been in an incubator mist be labeled "hatchery test eggs.» Also name

and address of producer, dealer, retailer, or agent by or for whom eggs wei« graded and marked. No

markings required on containers when packed for sale to U.S. Navy or Arsoy if labeled with United

States Department of Agriculture" grades; shipment outside State, or sold from bulk display in

presence of retail puirchaser.
Seventeen States not only require correct labeling of grade and size, but also prohibit abbreviation of the words used. Also, the type used in labeling on cartons, bags, or

other containers must be bold-faced and of specified minimum height. The minimum

heights range from not less than l/8 inch to not less than l/2 inch. On cartons, the

height of letter specified is usually not less than l/4 or 3/8 inch. On larger containers,

such as 30-dozen cases, the minimum height prescribed ranges from 1/2 to 2 inches.

Also, it is usually required that the smaller containers have the label on the top, whereas

for large containers, such as 30-dozen egg cases, labels must be placed on both the top

and one end. Thirty-nine States have requirements pertaining to use of the term "fresh

eggs."

"Shell-treated eggs. "--Provisions pertaining to labeling of "shell-treated eggs" are

a part of the law in 10 States (table 7). They are eggs the shell of which has been treated

with oil, generally â mineral oil, to seal the pores, allowing a minimum of evaporation

of the contents. They are sometimes referred to as "processed or preserved eggs." The

West Virginia law defines them as eggs which have been preserved by an artificial process other than refrigeration. ^^ The Tennessee egg law does not define the term; the

regulations, however, state: "The use of the word 'preservative' in regard to the keeping

qualities of eggs is prohibited. " ^^

Pennsylvania and New Jersey require such labeling only if the eggs are sold as

"fresh eggs." North Dakota prohibits their being sold as "fresh eggs."

The Florida law specifies a double classification. If such eggs are also cold-storage

eggs, they must be labeled "cold-storage shell-protected eggs." Also shipped fresh eggs

that were shell-treated must be classified as "shipped shell-protected eggs."

Vermont permits the sale of shell-protected eggs as fresh eggs provided they meet

the State's requirements for "fresh eggs." The eggs, however, must be conspicuously

marked as "shell-treated."

"Cold-Storage Eggs. "--Cold-storage eggs are eggs which have been under artificial

refrigeration for usually 30 days or more. Only 6 States have provisions in the egg laws

or regulations pertaining to cold-storage eggs. However, 2 of the 6 States, • Florida and

Massachusetts, do not define the term. Apparently it is recognized that storage eggs may

be quality eggs. The cold-storage time period, however, varies in different States. For

example, in West Virginia it is 15 days or longer, and in Washington 90 days. The

Florida egg law states "cold-storage eggs" means eggs which have been in cold storage

and which meet the grades and standards of quality set up by the commissioner of agriculture. ^^ In that State, shell-treated eggs held in storage 60 days or longer must be

labeled "cold-storage shell-protected eggs."

The usual labeling requirement is that the cold-storage eggs must be marked as

such. In California and Washington, however, it is unlawful to sell cold-storage eggs or

eggs below the quality of grade A as "fresh eggs, " "ranch eggs, " or "farm eggs, " or to

represent thena as fresh.

New York State merely requires the invoice to indicate such eggs by use of the words

"cold-storage" or "refrigerator" eggs.

Place of Production. --Provisions in the egg laws and regulations covering the use

of the name of the State where eggs were produced, or the necessity of indicating the

origin of the eggs, have been discussed to some extent in the section on advertising.

There are 10 States having such provisions particularly pertaining to advertiseraents

(table 6). Two of them, Alabama and Connecticut, make no special reference to labeling.

In addition to the 10 States mentioned, Idaho and Maine have provisions pertaining to the

!• *' Fresh Egg Law. " Chapter 32 Acts of the Legislature and Regulations Bulletin (n.s.)-16 November 1, 1939.

«0 Rules and regulations under the Tennessee egg law. Effective June 1, 1953. Regulation V.

21 Florida egg law, Chapter 583 Florida Statutes 1949 Section 583.01 (2).

25
labeling but not to the advertising of place of production. The Idaho and Washington laws

require that all eggs from a foreign country be stamped, on each egg, with the name of

the country where produced. Producers and packers are allowed to use the State of Maine

trade-mark only after receiving licenses from the comnnissioner of agriculture. Georgia

law requires that the State of origin of the eggs must be shown in legible letters either on

the top or sides of cartons.

Other miscellaneous labeling provisions. --In addition to the information on classification, grade, and size, a number of States require that the name and address of the

grader, packer, wholesaler, or distributor, or the license number, be placed on the

label; or the name and address of the person for whom the eggs were candled or graded,

(table 7). Also, in some instances there is a requirement that containers show the candling or grade certificate nunnbers, or the producer's name, or the name and address of

the retailer, or the date eggs were shipped, or only the name of the wholesaler or distributor when the eggs are sold as candled or ungraded, if eggs are sold in bulk to the

retail trade. In addition to the requirement that out-of-State eggs coming into Illinois

must nneet the State's standards, the candling date is required on packages or cartons

of eggs packed out-of-State. South Carolina specifies that eggs not produced in the State

must be sold as "shipped eggs. " The New Mexico law makes it unlawful to sell uncartoned eggs at retail.

Bulk Displays

Retail stores frequently display eggs in bulk in order to attract consumers' attention. So that consumers may be correctly informed as to the quality and size of eggs so

displayed, 36 States have provisions in their egg laws or regulations pertaining to bulk

displays.

One of the principal requirements is that a placard must be posted in a conspicuous

place to describe the eggs. Thirty-six States have such requirements (table 8). Nine of

them specify the size of the placard or sign to be used. Twenty-four of the 36 States

specify the height of the bold-face letters to be used on the placard or signs. In most

States, the nainimunci height is 1/2 or 1 inch.

Twenty-six States require that the placards show the grade and size of the eggs.

Seven additional States require that either the grade or the size be stated. Abbreviation

of grade or size is prohibited in 14 States. In 13 States, if the eggs are mixed, unclassified, or ungraded, that also must be indicated on the placards. In States where egg seals

are required on cartons or cases, eggs displayed in bulk bear the seal also. In many

States, the name and address of the person who graded the eggs, or for whom they were

graded or naarked, must also be shown on labels of the containers. Six States require

that bulk displays indicate place of production. If the eggs are shell-treated or coldstorage eggs, the display, in a small number of States, must show that infornaation.

Invoices

As an aid to enforcement of the egg laws, 35 States have provisions in their laws or

regulations pertaining to invoices to buyers (table 9), An invoice often is referred to as a

statement or bill.

Requiring invoices assists in enforcing the law because an authorized official of the

State or his representative can connpare the grade and size of the eggs delivered to the

buyer with the written statement of what the seller clainaed he delivered.

Requirennents of the different State laws as to invoices vary. Some of the requirements are:

1. In 35 States the seller must submit to the buyer an invoice containing certain

specified infornnation. In some States, all sellers are required to submit the

26
TABLE 8. —Bulk displays: Requirements pertaining to shell eggs, by States

state, by region

NEW ENGLAND

Maine

New Hampshire

Vermont

Massachusetts

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey

Pennsylvania

EAST NORTH CENTRAL

Ohio

Indiana..............

Illinois

Michigan

Wisconsin...

WEST NORTH CENTRAL

Minnesota

Iowa <

Missouri

North Dakota

South Dakota

Nebraska

Kansas

SOUTH ATLANTIC

Delaware. <

Maryland

District of ColUBibla

Virginia

West Virginia

North Carolina

South Carolina

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky

Tennessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma

Texas

MOUNTAIN

Montana

Idaho

Wyoming.••.••..••••.

Colorado....

New Mexico

Arizona

Utah

Nevada

PACIFIC

Washington

Oregon

California

U. S

Placards

or signs

required

X

36

Minimum

size

of card

specified

(inches)

7x7

-1/2x11

Placard must state

4-1/2x6

8-]/2!c5-]/2

8x11

7x7

6x3

7x7

"Shelltreated"

eggs

"Coldstorage"

If mixed,

candled,

vinclassified

or ungraded

Area of

production

13

Grade

and

size

Grade

only

« X

"X

X

Size

only

Minimum

height of

letters

specified

(inches)

3/8

1/2

1/2

1/4

1/2

1/2

3/8

3/8

Variable

1/2

1

1/2

1/4

Abbreviations

prohibited

, V2

Variable

1

^ Indiana: When offered for sale as fresh (Indiana grade A) eggs.

2 Iowa: If in a refrigerated case and sold at retail.

^ North Dakota: When offering cold-storage and shell-treated eggs for sale.

'^ North Dakota: Sign to be used when cold-storage and shell-treated eggs

are offered for sale.

^ Nebraska: Containers and subcontalners must also show name and address

of producer, dealer, retailer, or agent for whom eggs were graded or marked.

^ Maryland: Also price when the cover of a case of eggs is removed to display the eggs.

^ Maryland: Placards: Grade and size must be in block letters not less

than 3/8 inch in height. Designations shall not be abbreviated.

^ West Virginia: Words used to indicate grade or quality must be in

letters the same size as used in word "eggs" and must next precede or follow

the word "eggs."

^ North Carolina: Grade and size not necessary if ungraded eggs were purchased directly from North Carolina producers and sold as "producer eggs."

^° South Carolina: Efegs from other than South Carolina producers must be

sold as "shipped eggs."

•^•'- South Carolina: For origin of eggs, not less than 1 inch. For grade and

weight class, not less than 3/4 inch.

^^Georgia: Restaurants, hotels, or other eating places are required to

display placards in lieu of placing information on the menu.

" Tennessee: All shell eggs packed in bulk or cases not in cartons for

retail trade shall bear an egg-candling certificate including name and

address of packer or distributor, license number, date of candling or grading, class, size, and grade.

^'^ Alabama: Not required by retailer selling not more than 120 dozen eggs

per week if placard reads in appropriate size letters "Farm Eggs," provided

they were purchased directly from producer. All other eggs must comply with

law and be labeled showing grade and size.

^^ Montana, Washington: Including State seal to be placed on each container

in which eggs are sold or delivered at retail.

^^ Arizona: Placard must be within 6 inches directly in front of or above

the display.

'•'^ Utah: Not less than one-third as high as letters or figures stating

price.

^^ Nevada: When eggs are removed from original container for resale, sign

must be Immediately placed over the eggs giving true grade and size.

27
TABLE 9. —Invoices: Requirements pertaining to shell eggs, by States

00

state, by region

NEW ENGLAND

Maine

New Hampshire

Vermont

Massachusetts

Rhode Island

Connecticut

MIDDLE ATLANTIC

New York

New Jersey

Pennsylvania

EAST NORTH CENTRAL

Ohio...

Indiana.

Illinois

Michigan

Wisconsin

WEST NORTH CENTRAL

Minnesota

Iowa

Missouri

North Dakota

South Dakota

Nebraska.

Kansas

SOUTH ATLANTIC

Delaware

Maryland.

District of Columbia.......

Virginia

West Virginia

North Carolina

South Carolina

Georgia

Florida

EAST SOUTH CENTRAL

Kentucky.

Tennessee

Alabama

Mississippi

WEST SOUTH CENTRAL

Arkansas

Louisiana

Oklahoma.

Texas

MOUNTAIN

Montana

Idaho

incoming

Colorado

New Mexico.

Arizona

Utah ,

Nevada

PACIFIC

Washington.

Oregon.

California

U. S.....

See footnotes on next page.

Invoice

not

requi37ed

13

Person required to

issue invoice-'-

Wholesalers

Vendors^

All sellers

Wholesalers

Sellers to retailers

Sellers to retailers

^?(')

Sellers to retailers

Dealers to retailers

All sellers

Sellers to retailers

Sellers to retailers & inst.

All sellers

Wholesalers

All sellers

All sellers

(')

Wholesalers^^

Sellers to retailers

(")

All sellers

All sellers

All sellers

Wholesalers

All sellers

All sellers

All sellers to retailers or

manufacturers

Information reqtilred in invoice

Date

of

sale

Name and address

Buyer

X

X

13

Quantity

Of each

grade and

size or

weight

Uhcandled

unclassified, or

ungraded

Area

of

production

Invoice is to be held

Days

(number)

30

30

30

30

2 years

30

30

30

30

year

60

30

90

60

30

30

30

30

30

By

seller

By

buyer

Buyers for whom

invoice

requirements are

applicable

Retailers

All buyers from wholesalers

Retailers, eating est. & inst.

Retailers

Retailers

Retailers

Retailers and food purveyors

Retailers

Retailers, eating est..

All buyers

All biiyers

All buyers

All buyers

All buyers except consumers

Retailers

Retailers

Retailers

All b\:iyers

All buyers

Retailers

All bxiyers

Retailers

All buyers

Retailers, eating est. & inst.

Retailers & mfrs.
Footnotes to ab e io May be required to furnish copies of Invoice or equivalent information to State department of

^ Producers generally exempt. agriculture.

2 Required under the Act to Provide for Licensing Buyers of Eggs or the Egg Buyers' Bonding "ïi ^^ sellers of eggs in lots of 15 dozen or more.

Law. 12 Persons selling more than 25 cases of eggs per month to a retailer.

^ Only quantity of eggs Involved is reqxiired. i3 pjj^ sellers of graded eggs.

* Grade only. ^^ Only in case of unolaasified eggs., .+ „-no-r.

5 Dealers selling candled or graded eggs. i5 jjo invoice is required on eggs (l) sold or delivered by a producer to a dealer or retailer

Ö Not indicated. for candling or grading, (2) when packed for sale to the U. S. Navy or Army if labeled with the

7 All persons selling graded eggs to retailers. USDA grades, and (3) when the containers and subcontainers are packed and certified m accora-

^ All sellers to retailers in case lots. anee with USDA standards and grades.

' New rules and regulations were not available.

Ni
invoices. In other States, the requirement is applicable only to certain classes

of sellers such as:

a) All sellers except producers who are exempted specially under certain conditions.

b) Wholesalers.

c) Wholesalers who sell in lots of one-half case or more.

d) Those who sell only to retailers.

e) Those who sell to retailers in case lots.

f) Those who sell retailers "fresh eggs."

g) Those selling only graded eggs to retailers,

h) Those selling candled or graded eggs to retailers.

i) Only those who make sales of 25 cases or more per month to retailers,

j) Only sellers of graded eggs to anyone.

2. The name and address of the buyer is required to be a part of the invoice in. 13

States.

3. The name and address of the seller is required specifically by 13 States even

though it is expected that any invoice would give that infornnation.

4. The date of sale is specified as a requirennent by 10 States.

5. The exact grade and size, based on the official standards and grades of the States,

are required as part of the invoices in 25 States. In 6 additional States, as shown

in footnote 4 to table 9, only the name of the grade is required. One State requires only the quantity involved. Eight of the 31 States also require the invoice

to show if the eggs are unclassified, ungraded, or uncandled.

6. In most States having invoice provisions, both the seller and the buyer are required to hold the invoices for inspection purposes for a stated time, usually 30

days. However, several States have a 60- or 90-day provision. North Carolina

specifies the time the invoice is to be held as 1 year and Missouri, 2 years.

REFRIGERATION, QUALITY MAINTENANCE

To maintain the quality of eggs, many States have provisions in their laws and regulations pertaining to the conditions under which eggs are held. One requirement is that

the temperature must'not exceed a specified degree fahrenheit. Two States provide for

a maximum of 50^ fahrenheit, 2 for 55^, and 6 others 60^ fahrenheit (table 10). Idaho

does not specify any particular temperature, but requires that "all egg dealers shall see

that eggs in their possession are properly handled to prevent deterioration in the grade

or standard of said eggs." The Kentucky law has a provision very similar to that of

Idaho. The State of Washington law states "... if the retailer or other purchaser,

having labeled any such eggs in accordance with the invoice, keeps them for such time

after they are purchased as to cause them to deteriorate to a lower grade or standard

and then sells them under the label of the invoiced grade or standard, he shall be guilty

of a violation. . . . "

30
TABLE 10. —States having quality-maintenance provisions in the laws or regulations,

pertaining to refrigeration

State

Maximuna

temperature

permitted

State

Maximum

temperature

permitted

Arizona...i..«. 60° F.

60° F.

60° F.

None specified

60° F.

60° F.

Nebraska

North Dakota

South Carolina

South Dakota

Tennessee

60° F.

Colorado

Georgia

Idaho.•

55"^ F.

50° - 55^ F.

50° F.

Tnwa .......... 55^ F.

Kansas ....•••••

The provision regarding the holding tenriperature is applicable in some States only

after the shell eggs for hunnan consumption are received at the point of first purchase.

The inference is that the refrigeration must be carried on until the eggs reach the consumer. In Kansas, it is unlawful for any person other than those exempted to hold eggs

at a temperature higher than 60° fahrenheit after the eggs are received at the first point

of purchase.

The South Carolina, Tennessee, and Georgia laws make egg packers responsible for

the quality of eggs for 5 days after delivery to retail markets only if the retailer places

and keeps the eggs under adequate refrigeration. If the eggs are not under refrigeration,

the packer is responsible for the quality for 2 days after delivery in the first 2 States and

3 days in Georgia. Colorado requires the dealers candling and grading the eggs to be

responsible for maintenance of grade for 8 days,' after which the subsequent buyer is

responsible. If eggs are held longer than 8 days and require regrading, they may not be

returned to the original carton but must be sold loose or in another carton. Eggs packed

in bulk or cases, not in cartons, are the responsibility of the retail merchant at the time

of delivery.

Although humidity is a factor related to quality maintenance, only 3 of the 9 States

make any reference to it in their laws or regulations. The States are Nebraska, South

Carolina, and Tennessee.

EGG PRODUCTS

Although the laws of many States have provisions applicable to dealers and processors as handlers of eggs, only 11 States have special sections in their egg laws or regulations pertaining to egg processing plants. In California and Massachusetts, separate

laws cover egg products, and enforcement is under the supervision of the State departments of public health. Two States, Colorado and New Mexico, have special licensing

provisions in their egg laws, but none on facilities or operations of the plant.

Nine States, Arizona, California, Georgia, Illinois, Massachusetts, Minnesota,

Missouri, Oregon, and Tennessee, have special provisions pertaining to facilities and

operations of egg breakers. All those States require that, after filing of an application

for a license to operate, the plant and equipment must be inspected by an authorized

official and approval received. The purpose of the inspection is to ascertain if the plant

and equipment meet the cleanliness and sanitation requirements of the State.

The sanitary requirements generally pertain to:

1, The breaking room and equipment.

2. The water supply; its adequacy for sterilization purposes.

31
3. The egg-breaking apparatus.

4. The garments to be worn by employees in the breaking room.

5. The rest room facilities for employees.

6. The health of the employees.

7. General sanitation and cleanliness, as, for example, the use of suitable containers for discarded eggs and waste.

California, Missouri, Tennessee, and Illinois laws provide that egg-breaking establishments shall consist of four separate rooms, (1) candling room, (2) breaking room,

(3) washing and sterilizing room, and (4) freezing room. They specify the type of construction and equipment and the method of operation to be used.

Only Arizona has a requirement in its egg law pertaining to quality of egg products.

The law of that State specifies that "... the standards of quality as determined by

organoleptic inspections and laboratory analysis test shall be as formulated by the United

States Department of Agriculture. The inspector may take sanaples of any egg products

within the State for laboratory analysis tests for the purpose of determining whether or

not any provision of this Act has been violated."

Arizona, California, and Oregon have special provisions relating to the sampling and

inspection of egg products produced in other States and shipped into those three States.

Inspectors for the State of Washington are authorized to inspect not only licensed candling

plants, but also egg-breaking plants to assure sanitation. The Arizona law specifies that

egg products from other States must have been prepared only from eggs fit for human

food, and the products are at all times subject to Arizona regulations and sampling and

inspection procedures, including an inspection fee.

In California and Oregon, egg products from other States must bear certificates of

authorized representatives of Federal, State, county, or city food inspection departments

certifying that the egg products were prepared only from eggs that were fit for human

consumption and under sanitary conditions.

Arizona, California, and Washington also regulate egg products imported into those

States from foreign countries, or egg products made fromi imported eggs. Washington

requires they must be labeled "foreign eggs used in this product."

Illinois and Oregon require the labeling of egg meats. Illinois requires: (1) Name and

address of manufacturer or dealer, (2) net weight of contents., (3) license number, and

(4) the date product was prepared or the lot number.

Oregon specifies that the label on the outside of each can or container m.ust indicate

(1) the name and address of the person by or for whom the products were packed, (2) the

kind of egg meats in the container, (3) the net weight of contents, and (4) the nanae and

percentage by weight of each substance other than egg meats contained therein,

Arizona collects an inspection fee on eggs used for breaking, freezing, or drying,

which is to be paid by the manufacturer, dealer, or distributor if the product is sold or

offered for sale to retailers or consumers for human consumption within that State. The

fee is 1 1/3 mills per dozen shell eggs sold. The inspection fee on egg products is 3 l/3

cents per 30-pound can.

California requires an annual license fee of $100 for (1) any person or firm engaged

in the breaking, liquefying or dehydration of egg products within the State, and (2) any

person or firm that brings or causes to be brought into the State egg products from other

States or from outside the United States, when the egg products are intended for resale.

32
TRANSPORTATION OF EGGS

Five States, Arizona, California, Colorado, Iowa, and South Dakota, have provisions

in the laws or regulations pertaining to transportation of eggs. Arizona and California

laws permit any person, forwarding connpany, or connmon carrier to decline to ship or

transport any eggs when notified by an enforcement officer or inspector that the eggs are

not in conformity with the standards as stated in the law. Furthermore, any person,

forwarding company, or common carrier is required to refuse or stop the transportation

with reasonable dispatch after being notified in writing by any authorized officer that the

eggs are being delivered in violation of the egg law.

In Iowa, Colorado, a^d South Dakota, provisions relate entirely to protection of the

eggs while being transported. The South Dakota regulations provide that "when eggs are

transported on open trucks they should be adequately protected from rain and the heat

of the sun , . , . *' The Iowa and Colorado laws state, "Every vehicle used to transport

eggs from a producer to any dealer or processing plant shall be mtaintained in sanitary

condition and shall be enclosed to protect eggs from extrenne heat or cold; provided, however, this provision shall not be applied to producers delivering their own eggs."

RIGHT OF INSPECTION

Linaitations. --Twenty-six States have specific provisions of law or regulations which

pertain to the right of authorized persons to enter places of business to make inspections

of eggs or egg products. The other States have less specific provisions; apparently, it is

implied that the agency has a right to make the inspections to carry out the purposes of

the egg laws.

In some States, the egg laws mention which places of business the authorized person

may enter, whereas in other States they do not. Following are some illustrations of the

phraseology pertaining to right of entry:

1. Any store, market, or other building or place where eggs are (a) sold, (b)

offered for sale, or (c) kept for sale in this State. Several States make a fourth

addition, namely, (d) any truck or vehicle transporting eggs to be sold or offered

for sale in the State (Alabama, Mississippi, North Carolina, New Jersey, West

Virginia, and Vermont). In Connecticut, the authorized person is given free

access to any building or Other place wherein it is reasonably believed that farm

products, labeled in accordance with official grades promulgated by the com.missioner, are being marketed or held for commercial purposes.

2. Three States authorize entry where eggs are produced, candled, incubated,

transported, or sold. Authorized persons may inspect all such eggs and the containers and equipment found in any such places or conveyances (Arizona, California, and Washington),

3. In Indiana, authorized representatives are permitted to naake inspections anywhere as directed by the State egg board.

4. Entry in any place of business within the State where any eggs are held is permitted ill Kansas and Nebraska.

5. Inspectors in Kentucky may examine, in such manner as the Connimissioner may

direct, any eggs offered or exposed for sale for human consunnption. Records

must be available for examination.

6. Any establishment in Missouri where eggs are bought, stored, sold, offered for

sale, or processed may be'entered.

33
7. In Georgia and South Carolina, any wholesale or retail establishment, or warehouse, cold storage house, or other storage place may be entered, and trucks or

other carriers naay be stopped for inspection.

8. In Tennessee, the law permits entry to any place where merchandising of poultry

products takes place.

9. Any place from farm to retailer nnay be inspected in Wisconsin.

10. In Colorado, it is unlawful for any person to refuse to submit eggs or egg products for inspection by authorized persons.

Purposes of inspections. --The expressed purpose and the extent of inspection vary

for different States. Some regulations are broad in scope, others are limited. Examples

of those broad in scope follow:

1. To determine whether or not any provisions of the law or regulations have been

violated (Arizona, California, Delaware, Kansas, Nebraska, North Carolina,

Washington, Alabama, and Florida).

2. To enforce the provisions of the law and regulations (Vermont),

3. To make an inspection and issue a withhold-sale order if the person is found to be

handling egga in violation of any portion of the law (Tennessee).

Examples of regulations more restricted in scope follow:

1. To inspect and examine eggs, the products of eggs, egg containers, and the

premises, and to examine the records of such estabilshnnents relating thereto

(Nevada).

2. To determine the quality and size of eggs sold or offered for sale (Mississippi).

3. To determine the classification and quality of eggs sold, offered for sale, or

advertised, as defined in the law (West Virginia),

4. To determine the interior quality of eggs sold, offered for sale, or advertised as

"fresh" (New Jersey),

5. At such times and places as directed by the State egg board, to ascertain if eggs

are fresh and fit for human food (Indiana).

Another group of provisions relates to the exanaination of invoices and records:

1. To determine if the grades of the eggs conform to grades as labeled on the

exterior of the container and also to verify the invoice (Arkansas).

2. To inspect all books, records, and invoices that, in the inspector's judgment,

would enable him to make a naore accurate examination and inspection of eggs

(Arizona, Illinois, Georgia, and South Carolina).

3. To naake periodic audits of wholesale egg dealers* books to see that inspection

fees were paid on all eggs sold (Alabama).

VIOLATION PROCEDURES

"Stop sale" notices. --The procedures for handling .violations of the egg laws and

regulations vary for different States. In 36 States, the procedure is the bringing of action

in court against a violator, with penalties determ.ined by the court. However, in some

States, the initial procedure is different. One method is the use of "stop sale" notices.

34
These are issued by enforcing agents such as the State commissioner or director of agriculture or other authorized representatives. The "stop sale" notices are placed on the

eggs being sold or offered for sale in violation of the law or regulations. The notice prohibits the owner from selling, bartering, exchanging, transferring, or distributing the

eggs until the commissioner of agriculture or other enforcing agency is satisfied that the

law has been complied with. Upon compliance, the "stop sale" notice is cancelled. The

authorized person may require that the eggs be recandled, regraded and sized, relabeled

or disposed of. Upon failure to bring the eggs into compliance, steps would be taken by

court action to condemn, denature, destroy, or otherwise disposé of the eggs. Ten

States provide for the issuance of "stop sale" notices. They are Alabama, Arizona,

Califrrnia, Colorado, Florida, Georgia, Illinois, Missouri, New Mexico, and Washington,

Suspension or revocation of licenses or permits. --Fifteen States provide for the

suspension or revocation of licenses or permits in cases of violation. These States are

Alabamia, Colorado, Indiana, Kentucky, Missouri, Montana, New York, New Mexico,

North Carolina, Oklahoma, Oregon, Tennessee, Washington, Wyonning, and Vermont.

In Vernnont, however, the provision for revocation of license is a part of the act providing for the licensing and bonding of buyers of eggs coming under the licensing law.

The power to suspend or revoke is generally given to the enforcing agent, such as

the commissioner or director of agriculture. Usually the suspension or revocation follows a hearing given the licensee or registrant. In Wyoming, the State department of

agriculture may revoke a license only if the dealer was convicted of two or more violations of the act. It miay also refuse thereafter to issue any license to such dealer.

Court action. --The issuance of "stop sale" notices or the suspension or revocation

of licenses and permits does not preclude court action. The failure to obey a "stop sale"

notice or to stop naerchándising eggs after a license has been suspended or revoked may

result in prosecution of violators. However, as previously indicated, 36 States provide

for direct court action, with the violator subject to stated penalties for the first offense.

PENALTY CLAUSES

The State laws contain penalty clauses. Fines for the first offense in 21 States are

not over $50 (table 11). When those having fines up to $100 are included, the number

rises to 32. Ten States provide for innprisonnnent for a stated period in lieu of the fine,

or for both fine and imprisonment at the discretion of the court. In 8 States, the violation

is considered to be a misdemeanor. As the limit for a fine is not stated, the penalty is

determined by the court.

In 4 States, California, Colorado, Nebraska, and Massachusetts, the penalty is

comparatively high. In California, if the violation is unintentional a fine can be imposed

up to $500; if intentional, up to $500 or imprisonment (not exceeding 6 months), or both.

In Kansas, the egg law provides for a fine of not less than $100 nor more than $1, 000,

or imprisonment for not more than 6 months, or both. Violation of the poultry and egg

dealer^s license law in Wisconsin may result in a fine not to exceed $1, 000, or in imprisonment for not more than 6 months, or both. For violation of the law applicable to

marketing eggs, the fine is not to exceed $200, or imprisonment not to exceed 6 months,

or both. Violation of the label law in Kansas calls for a fine of not less than $25 nor more

than $500, The Nebraska law provides for a fine of not more than $500, and the license

may be suspended. Other States also permit revocation of the license, certificate, or

permit. Massachusetts stresses untrue and misleading advertising, and provides for a

penalty of not less than $10 or more than $500. For mislabeling of grade or brand of

eggs, the fine is not more than $50.

SEVERABILITY CLAUSES

Some States incorpora*-e severability clauses in their egg laws. The advantage of

such a provision is that in case any part of the egg law is held to be invalid, the finding

shall not be construed as affecting the validity of any remaining portion of the act. It is

35
TABLE 11. —States having various penalties for first offense in violating egg laws

Fine Violation a

ml sdeameanor Nn data

Not over ^50 Not over $100 Not over $200 Not over $500 Court determines penalty

i^lW V>LCI>UCl

available

Arizona Arkansas Florida^ California^ Alabama Utah

Connecticut Delaware New Mexico"^ Colorado-^ Georgia

Illinois Minnesota New York Massachusetts^ Idaho

Indiana Montana Y/isconsin-'- Nebraska Kansas^ & ^

Iowa Nevada Missouri

Kentucky New Jersey'^ . Oklahoma

Louisiana Oregon Virginia

Maine South Carolina-'- Washington

Maryland Tennessee^

Michigan WyoTning"^

Mississippi

New Hampshire

New Jersey^

North Carolina^

^ North Dakota

Ohio

Pennsylvania-^

Rhode Island

South Dakota

Vermont'^

West Virginia-^

Possible imprisonment or in some States both fine and imprisonment.

For untrue and misleading advertisement^ not less than $10 nor more than $500.

For violation of label law not less than $25 nor more than $500.

"True origin" or "commission merchants, dealers, brokers, and agents law" violation.

Or imprisonment not exceeding three months.

New Jersey fresh egg Law violation.

For obstructing or hindering commissioner or his assistants, in carrying out the provisions of the fresh egg law,

$10 to $50. Under the act providing for licensing and bonding of buyers of eggs, the penalty for violation is a fine of

not more than $200 or imprisonment of not more than 6 months, or both.
desirable to have such a clause in order to avoid waiting a year or two to obtain the passage of new legislation in case part of the existing act is declared invalid. This is especially the case in States where the State legislature meets every 2 years.

Sonne of the severability clauses read somewhat as follows: "If any word, phrase,

or section or part of this act shall be held unconstitutional, the remaining provisions

shall be given full force and effect as completely as if the word, phrase, section or part

held unconstitutional had not been included herein. " ^^

Apparently only 13 States have a somewhat similar provision. They are: Arkansas,

California, Colorado, Indiana, Illinois, Iowa, Louisiana, Michigan, Maryland, North

Carolina, South Dakota, Washington, and West Virginia.

SUGGESTED PROVISIONS FOR EGG LAWS

The following suggested provisions for State laws and regulations are based on provisions which already are in many laws and regulations and which appear to have operated successfully. They are presented purely for the consideration of the States in adopting new or revised laws and regulations.

The Basic Law

A. Broad enabling provisions are needed which:

(1) Include only such provisions as are necessary to carry out the purposes of

the act and define terms contained in the act.

(2) Delegate authority to a State agency to establish, promulgate, and administer

standards and grades for eggs and to issue detailed regulations relating to the

enforcement of the act. As a means of attaining national uniformity, most

State laws have provided for adoption of Federal standards and grades, and

some States make automatic revisions when Federal standards are changed.

B. Adequate funds should be provided for enforcement, through:

(1) Direct State appropriation.

(2) License, permit, or registration fees.

(3) A combination of State appropriation, fees, and collected fines imposed by

courts for violations of the act. Authority for determining and collecting fees

and utilizing funds derived therefrom should be delegated to the authorized

State agency in accordance with requirements for adequate administration of

the law.

C. The law should state clearly who is exempt and the conditions under which any

exemptions are authorized under the act.

D. It should prescribe the procedure to be followed in case of violation of the act,

specifying hearing procedure, who is to determine length of suspension, revocation of license, permit, or voluntary agreement, and the amount of fine or length

of imprisonment for first and subsequent violations.

E. It should provide for prosecution of violators by the office of the Staters attorney

general or other legally authorized agency.

F. It should include a severability clause.

22 Section 14, Indiana egg act, issued by State egg board, March 1949.

37
The Regulations

Regulations under the egg laws preferably should:

A. Define the standards of quality for individual eggs, and describe in detail the

grades and terms used in specifications.

B. State the weights and sizes of eggs, in weight classes, and give the average

nninimum weights per dozen.

C. State the tolerances permitted for quality, size, and weight in consumer grades

and in wholesale grades. Tolerances should be specific and should allow for:

(1) Errors and variations in human judgment as determined by inspectors* checking.

(2) Reasonable changes in quality following official candling and grading before

retail sale,

D. Include a statennent that quality factors, soundness of shell, and condition of air

cell, yolk, and white shall be determined by candling by qualified candlers and

graders, or by any improved methods,

E. Provide that final determination of compliance with the law shall be on the basis

of inspection for quality and weight or size at the retail level.

F. Prohibit the use of the term "fresh" to describe eggs that are below grade A or

that are "ungraded" or "unclassified" eggs.

G. Prohibit the sale of inedible eggs for hunnan consumption either as shell eggs or

in processed form.

H. Prohibit m.isrepresentation of quality and size to consumers. Require that eggs

be identified, advertised, designated, or described as to quality and size in

accordance with standards and grades issued by the authorized State agency.

I. Require that when a price is specified in an advertisement for eggs, the appropriate grade and weight or size or the term "ungraded" or "unclassified" be

included promiinently in the advertisement,

J. Require labeling which specifies the grade and weight or size on the container or

in placards describing the bulk lot of eggs offered for retail sale, unless the eggs

are labeled as "ungraded" or "unclassified. "

K, Specify that lettering identifying grade and weight or size on containers, on labels

used on containers, or on placards describing a bulk lot of eggs, shall be so

placed and of such size as to be readily visible and distinctly legible.

L. Provide for maintenance of quality, especially at the retail level, through proper

refrigeration and handling requirements.

M. Require that invoices be submitted to retailers stating the grade and size or

weight, or that eggs are ungraded or unclassified, together with such other information as is deemed desirable, such as the quantity of each kind.

N. Provide for representatives of the agency authorized to enforce the act the right

to enter, on any business day during the usual hours of business, any store,

market, or any other building or place where eggs or egg products are held in

storage, processed, offered for sale, or sold, to i-nake such examination of eggs,

egg products, and records as is necessary to deternnine compliance with the law.

38
o. Define responsibilities clearly when the responsibility for perfornaing certain

functions in the marketing of eggs is placed with more than one agency, as, for

example, the State department of health and the State bureau of markets.

P. Incorporate egg legislation into a single law, if feasible. When it is not practical

to do so, it is suggested that reference to other applicable laws and regulations

be made in the literature issued pertaining to the egg law.

39
TABLE 12. —Sources of data pertinent to State laws and regulations applicable to egg marketing, and name and address of enforcing agent

O

state Source of authority for information

on State laws or regulations Issuing agency Effective dates of laws or regulations Name and address of enforcing agent

1. Alabama Shell Egg Law with Rules

and Regulations, 1955

2. Amendment to Alabama Shell Egg Law,

Senate Bill 336

1. Department of Agriculture and

Industries

1. April 6, 1955

2. September 9, 1955

A. W. Todd, Commissioner

Department of Agriculture and Industries

300 Dexter Avenue, Montgomery, Ala.

Arizona 1. Arizona Egg Grades, Rules, Regulations and Laws (Revised January,

1956)

State Egg Inspector 1952

Revised 1956

James D. Kaffenberger

State Egg Inspector

Capitol Building

Phoenix, Ariz.

Arkansas , Arkansas Egg Labeling Act of 1955

with Standards, Rules and Regulations

and Interpretations

Livestock Sanitary Board July 1, 1955 Dr. J. S. Campbell, Executive State Secretary

and State Veterinarian

P. 0. Box 2821

Little Rock, Ark.

California , 1. Extracts from the Agricultural Code

of California, 1953, Ch. 8 Eggs and

Egg Products

2. Article 4, Ch. 8, Div. 5, California Agriculture Code-Egg Products,

as amended in 1933, 1937, 1941,

1951, 1955

1. Bureau of Fruit and Vegetable

Standardization

2. Department of Public Health

1. 1933, Amended in 1937, 1939, 1945, 1947,

1951, 1953.

2. September 7, 1955

W. C. Jacobsen, Director

Department of Agriculture

1220 N Street

Sacramento 14, Calif.

Dr. Malcom H. Merrill, Director

Department of Public Health

2151 Berkeley Way

Berkeley 4, Calif.

Colorado 1. House Bill No. 56 passed February

1956

2. Regulations Presented to Colorado

Agricultural Commission. Adopted

June 12, 1956

2. Colorado Department of Agricxilture

1. July 1, 1956

2. July 1, 1956

Paul W. Swlaher, Commissioner

Department of Agriculture

3130 Zuni Street

Denver 11, Colo.

Connecticut 1. Connecticut Egg Grades, Rules,

Regulations, and Laws in Brief,

March 1955

2. Ch. 138, General Statutes Revision

of 1949, Section 3069

Commissioner, Department of Agriculture (Marketing Division)

1. October 1, 1945

2. 1949

Joseph N. Gill, Commissioner

Department of Agriculture

State Office Building

Hartford, Conn.

Delaware An Act Relating to the Marketing of

Eggs, Delaware Code of 1953, Revised,

Title 3, Chapter 35

State Board of Agricxature

(Bureau of Markets)

1953 Ralph W. Wine, Director

Bureau of Markets

State Board of Agriculture

Dover, Del.

Florida Florida Egg Law with Rules and Regulations (3rà ed.), July 1, 1955

Department of Agrieult\ire

(Inspection Bureau)

1949 Nathan Mayo, Commissioner

Department of Agriculture

Tallahassee, Fla.

Georgia 1. Georgia Egg Marketing Laws and

Rules and Regulations, April 1955

2. Mendments to Egg Marketing Law and

Rules and Regulations

Department of Agriculture 1. 1953, Revised 1937, 1953, 1956. Phil Campbell, Commissioner

Department of Agriculture

State Capitol

Atlanta 3, Ga.

Idaho Dairy and Egg Laws, State of Idaho,

January 1954

Department of Agriculture 1939

Amended 1953

Harold West, Commissioner

State House, Room 206

Boise, Idaho

Illinois 1. Rules and Regulations Relative to

Illinois Egg Law

2. Illinois Standards for Quality of

Individual Shell Eggs

Department of Agriculture

Department of Agriculture

1. August 2, 1951

Revised February 9, 1956

2. February 9, 1956

Stillman J. Standard, Director

Department of Agriculture

State Fairground

Springfield, 111.

Indiana 1. The Indiana Egg Act, March 1949

2. Rules of the Indiana State Egg

Board, in effect May 1, 1953

State Egg Board March 3, 1941

Amended March 5, 1949

May 1, 1953

Amended Februaiy 1, 1956

J. B. Wiltshire, Supervisor

State Egg Board

Federal-State Inspection and Grading Service

Purdue University

Lafayette, Ind.
Kentucky.

Maryland.

TABLE 12. —Sources of data pertinent to State laws and regulations applicable to egg marketing, and name and address of enforcing agent—Continued

Source of authority for information

on State laws or regulations

1. Egg Candling and Grading Law,

Senate File 83

2. Policy to be Followed in Buying,

Selling and Enforcement of low^

Candling and Grading Law

1. Kansas Egg Law

2. Kansas Law Pertaining to the Labeling of Agricultural Products

3. Rules and Regulations vinder Kansas

Egg Law

4. Kansas Standards for Eggs

5. Kansas Food and Drug Laws

(Candling Regulation)

1. State Egg Candling Laws and

Regulations

2. State Egg Law, House Bill No. U5,

January 17, 1956

Act No. 102 - Lo\iisiana ifeg Grading

and Marketing Law

2. Egg Grading and Marketing Regulations

3. Louisiana Standards, Grades and

Weight Classes for Shell Eggs

1. Maine Egg Grading Law, 194-9

2. Requirements for Use of State of

Maine Blue, White and Red Trademark on Market Eggs

June 1, 1955

Maryland Grades for Eggs with Rules,

Regulations and Laws

Bull. No. 108, December 1945

Issuing agency

2. State Board of Agriculture

(Marketing Division)

3. State Board of Agriculture

(Marketing Division)

4. State Board of Agricultvire

(Marketing Division)

1. State Department of Health of

Kentucky (Division of Foods and

Drugs and Hotels).

2, State Market Commissioner

3. State Market Commissioner

1. Maine Department of Agricultxire

2. Maine Department of Agriculture

Effective dates of laws or regulations

July 4, 1955

1. July 1, 1955

2. July 1, 1951

1. Fresh Egg Law

2. The Cold Storage Law

3. The Inedible Egg Law

University of Maryland

(Extension Service)

University of Maryland

(Extension Service)

1. 1948

Revised 1954

2. 1956

1. June 25, 1948

2. February 25, 1949

3. October 1, 1955

A\igust 6, 1949

1935

Amended

1. 1945

2. 1924

3. 1924

Name and address of enforcing agent

Clyde Spry

Secretary of Agriculture

Department of Agriculture

State House, Des Moines 19, Iowa

1. Roy Freeland, Secretary

State Board of Agriculture.

State House, Topeka, Kans.

2. Winzer J. Petr, Director

420 West 9th Street

Topeka, Kans.

1. Harvey S. McAndrews, Director

State Dept. of Health of Kentuclqy

620 South Third street

Louisville, Ky.

2. Benjamin J. Butler, Commissioner

Department of Agriculture,

Labor and Statistics

Frankfort, Ky.

Sidney J. McCrory, Commissioner

Department of Agriculture, P. O. Box 951

Baton Rox:ige, La.

Fred J. Nutter, Commissioner

Department of Agric\ilture

Augusta, Maine

State Board of Agricultiire through its

Department of Markets and Extension Service

John E, Mahoney, Acting Head

Division of Markets

University of Maryland

College Park, Md.

3. State Board of Health
TABLE 12. —Sources of data pertinent to State laws and regulations applicaWe to egg marketing, and name and address of enforcing agent—Continued

state SoTirce of authority for information

on State laws or regulations Issuing agency Effective dates of laws or regulations Name and address of enforcing agent

The Massachxisetts Poxatryman's Marketing Handbook, 1952

Farm Products Grading Law

Act Relative to the Sale or

Distribution of Eggs

Act Establishing Standard Sizes in

Connection with the Sale and

Distribution of Eggs

Untrue and Misleading Advertisements

Prohibited

Hawkers and Peddlel-s Licensing Law

Eggs (processing)

Voluntary Grades Established by

Department of Agriculture

Department of Agriculture

April 18, 1927

June 21, 1935

i^ril 24, 1951

1927

Amended 1931

L. Roy Hawes, Commissioner

Department of Agriculture

41 Tremont Street

Boston 8, Mass.

Michigan w........ Egg Law and Regulations

(Act No. 115, Public Aéts, 1939)

Department of Agricult\ire

Bureau of Marketing and Enforcement

(Division of Standards)

1939 Conrndssioner of Agriculture

Department of Agriculture

Lewis Cass Building

T.anfl1ne 13, Mich.

Minnesota.... * Egg Law and Rules and Regulations

Relating to the Enforcement Thereof,

1954

Department of Agriculture 1949

Amended 1953

Byron G. Allen Ccnmissioner

Department of Agriculture

515 State Office Building

St. Paul 1, Minn.

íjüssiseippi .i.... • House Bill No. 482,

Regular Session 1954

July 1, 1956 Si Corley, Commissioner

Department of Agrictilture and Commerce

Jackson 5, Miss.

Missouri 1. The Missouri Egg Law and Regulations, 1955

2. Sanitary Requirements, (Rules and

Regulations Pertaining to Section

196.342 of Missouri's Egg Law)

Supplement 1

1. Department of Agriculture

2. Department of Agriculture

1. August 29, 1955 L. C. Carpenter, Commissioner

Department of Agricult\ire

Jefferson City, MD.

Ifontana < Montana Egg Grades, Rules, Regulations

and Laws, Revised 1951

Department of Agricvilture

(Dairy Division)

1947

Revised 1951

Albert H. Kruse, Commissioner

Department of Agriculture

State Capitol

Helena, Mont.

Nebraska »,,.*.... 1. Nebraska Egg Improvement Law, 1955

2. Bulletin showing quality for shell

eggs at retail in Nebraska

Department of Agriculture and

Inspection (Bureau of Dairies and

Foods)

Department of-Agriculture and

Inspection (Bureau of Dairies and

Foods)

1. September 18, 1955

2. September 18, 1955

Ed Hoyt, Director

Department of Agriciilture and Inspection

Lincoln 9, Nebr.

Nevada. .v....k .. . Standardization and Grading of Eggs March 28, 1927 George G. Schweis, Director, Division of

Plant Industry

Department of Agriculture

Reno, Nev.

New Hampshire ....i......... New Hançshire Egg Grades, Rules,

Regulations and Laws, May 1953

Department of Agriculture

(Bureau of Markets)

Laws of 1935, Chapter 60

Laws of 1942, Chapter 198

Laws of 1945, Chapter 192

Laws of 1955, Chapter 342, R.S.A. 1955

Perley I. Fitts, Commissioner

Department of Agriculture

Concord, N.H.

New Jersey. 1. Title 4> Ch. 3, Revised Statutes,

Article 2, Sale of Fresh Eggs

2. Commission Merchants, Dealers,

Brokers, and Agents Law, Art. 2,

Ch. 11, Title 4, Revised Statutes

of New Jersey, Jan. 1955

Department of Agriculture

Department of Agriculture

1. 1934

2. 1930, amended 1931, 1933, 1935, 1938,

1949, 1953, 1954.

1. Philli^j Alampi, Secretary

Department of Agriculture

Trenton 8, N.J.