Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 36 - Egg Quality Program › Section 2 CSR 90-36.020 - Repackaging of Eggs at Retail Level

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes requirements for
				  repackaging of shell eggs at the retail level.
(1) It shall be unlawful for any handler or
				retailer to pack eggs into consumer-size containers other than during the
				original candling and grading operations except under the following
				stipulations:
(A) The retail location offering
				the eggs for sale shall make a written request and obtain written permission
				from the Department of Agriculture to repackage eggs. The request must include
				the name and location of the store. If there are multiple store locations, only
				one (1) letter will be required with all store locations listed in the
				letter;
(B) A retailer shall only
				repackage clean and sound shell eggs which originate from properly labeled
				consumer-size containers that have been damaged or their contents damaged.
				These eggs shall be placed in new, clean containers that are properly labeled.
				Eggs or the original egg cartons must not be washed or cleaned in any way for
				use because of the many possibilities of bacterial introduction. All original
				egg cartons must be destroyed immediately upon removal of eggs. The repacked
				eggs shall meet USDA standards for consumer Grade B eggs. Eggs in the repacked
				consumer-size container shall be no less than medium in size;
(C) The consumer-size egg container which
				contains eggs that have been repacked shall be labeled with a statement
				declaring that the eggs in such containers were repacked by the retail store
				offering such eggs for sale, name of the retail store, its location and the
				oldest candling date which appeared on the consumer-size egg container or
				containers from which the repacked eggs originated. The candling date may be
				handwritten or stamped in ink. The repackaged egg container shall also be
				labeled "Grade B Medium" and contain a statement indicating that some of the
				eggs may be larger than indicated on the carton;
(D) The labeling on the consumer-size
				container used for the repackaged eggs shall meet the type and lettering size
				requirements as required on the original consumer-size containers. The
				additional labeling information required on repacked egg containers shall be in
				bold face type with lettering no less than one-eighth inch (1/8") in
				height;
(E) Once eggs have been
				repacked they are the responsibility of the retailer who must accept loss if
				eggs are classified as stop sale. Eggs under an official stop sale by the
				Department of Agriculture must be sent back to the dealer for regrading
				regardless of who is responsible for the eggs. Retailers are not grading
				stations. Only licensed dealers have the authority to grade and pack shell
				eggs; and
(F) The Department of
				Agriculture shall grant permission to repackage eggs at the retail level when a
				written request is made by a retailer. This request will be automatically
				renewed on an annual basis providing the retailer has not violated any segment
				of the repackaging rules. A retailer violating the repackaging rules shall be
				subject to penalties, as provided by section
				196.361,
				RSMo 1986 of the Missouri Egg Law, and upon having two (2) or more violations
				of
				2 CSR
				90-36.020 during any twelve (12)-month period the
				retailer's permission to repack eggs shall be revoked for a period not to
				exceed ninety (90) days. Once a retailer's permission to repackage eggs has
				been revoked twice, the retailer will be subject to permanent suspension of
				permission to repackage eggs, at the discretion of the Department of
				Agriculture. A retailer who has received written permission from the Department
				of Agriculture to repackage eggs shall post such license in a conspicuous
				location in the place of business to which it applies.