CPPW Policy Team Contact Beth Sanders [email protected] Statewide Rules from the Arizona Departments of Agriculture and Health Services Fact Sheet: Production and Sales of Eggs What is the Egg Products Control program? Under the Arizona Department of Agriculture’s (ADA) Animal Services Division, the program is responsible for the inspection of all shell eggs and egg products sold in the state and is financed by a fee, which is levied on every case (30 dozen) of eggs sold in the state. Licensed egg dealers ($25 per license) pay fees on a quarterly basis. These dealers are subject to compliance audits. All locations where eggs are sold or stored are subject to inspections. These locations may include retailers, dealers, packers, cold storage facilities, bakeries, and institutions. The inspections verify that the products meet quality, weight, labeling, and refrigeration requirements of the Arizona Revised Statutes. The duties of inspectors are to inspect, weigh and examine dried eggs, frozen eggs and eggs in the shell being advertised or offered for sale. They may examine records of a person advertising or offering for sale eggs or egg products. For more information on the Egg Products Control Program, call the ADA at (602) 542- 0869 (A.R.S. 3-709 {Supervisor of egg inspection; egg inspectors}). Do small producers have to enter the Egg Products Control program? Egg producers who operate one or more egg ranches with fewer than 20,000 egg-laying hens producing eggs are exempt from the egg inspections process. Sales to individuals or at farmers markets. All producers are protected under the Arizona Revised Statutes to be able to sell their eggs directly to an individual customer or at a venue such as a farmers market without going through the grading process (A.R.S. 3-561-2 {Restrictions on sales by food producers prohibited}). Nest-run egg sales. If the producer sells less than 750 dozen eggs in a calendar year to food establishments, these eggs can be sold as “nest run” eggs—which are eggs that have not been washed, sized or candled for quality. A person who proposes to sell nest run eggs must first notify the ADA in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold. No mixing between nest run and graded eggs is allowed. There are special regulations around how a seller must display and log the sales of nest run eggs (A.R.S. 3-715, 3701 {Definitions}). Invoice required. Unless a producer is selling directly to an individual or from their own establishment, he or she is required to furnish an invoice showing the date of sale, the exact quantity of eggs or egg products, size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter, together with the name and address of the person buying and selling the egg—such as a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other food establishment (A.R.S. 3-718 {Sale of eggs; invoice}). What are some considerations that retailers must make around selling eggs? Advertising eggs. It is unlawful to advertise by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation of size and grade of the eggs, or nest run. Moreover, it is prohibited to advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better. (A.R.S. 3-723 {Price advertisements; designation of size and grade of eggs} A.R.S. 3-724 {Misrepresentation of quality}). Refrigeration of eggs. Dealers, manufacturers and retailers shall keep shell eggs for human consumption under refrigeration at an ambient temperature not higher than forty-five degrees Fahrenheit (A.R.S. 3-727 {Refrigeration of eggs and egg products}). What is the minimum grade of egg that food establishments must serve? According to the Arizona Food Code, in food establishments (restaurants, catering businesses, etc.), shell eggs must be received clean and sound and may not exceed the restricted egg tolerances for the U.S. Consumer Grade B designation (AZ Food Code 30202.13). For more information: Access Regulations of Eggs and Egg Products (Chapter 5) of the Agriculture section (Title 3) within the Arizona Revised Statutes: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=3 Contact the Animal Services Division of the Arizona Department of Agriculture: http://www.azda.gov/ASD/eggprog.htm, (602) 542-0869 Important Definitions Adulterated eggs: eggs that are filthy, putrid, decomposed or otherwise unfit for food in whole or in part (A.R.S. 3-703 {Definition of inedible eggs)}. Candling: the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ (A.R.S. 3-701 {Definitions). Eggs: eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl (A.R.S. 3-701 {Definitions). Food establishment: an operation that stores, prepares, packages, serves, transports, vends, or otherwise provides food for human consumption, including restaurants, catering operations, markets, vending locations, food banks, mobile, stationary, temporary or permanent facilities where consumption is on/off premises, regardless of whether there is a charge for food (AZ Code § 1-201.10 {Statement of Application and Listing of Terms}). Grade: classified as to quality and applies to a dozen, case, lot or load of eggs (A.R.S. 3-701 {Definitions). Grading or grading service: the act where a grader determines, according to the regulations in this part, the class, quality, quantity, or condition of any product by examining each unit thereof or each unit of the representative sample thereof drawn by a grader and issues a grading certificate with respect thereto; the act whereby the grader identifies, according to the regulations in this part, the graded product; continuous supervision, in an official plant, of the handling or packaging of any product; and any regrading or any appeal grading of a previously graded product (A.R.S. 56.1 {Meaning of words and terms defined}). Inedible eggs: those described and classed as black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, denatured eggs, adulterated eggs, or eggs containing embryo chicks (at or beyond the blood ring stage), eggs containing large blood and meat spots, or any other eggs that are filthy, decomposed or putrid (A.R.S. 3-703 {Definition of inedible eggs)}. Lot: any quantity of two or more eggs (A.C.C. R3-2-901 {Definitions}). Marked: plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded (A.R.S. 3-701 {Definitions). Mislabel: the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation upon eggs or upon a carton, container or subcontainer of eggs, or upon the label or lining or wrapper thereof, or upon the outward end of the case, or upon a placard or sign used in connection therewith, or in connection with any display having reference to eggs (A.R.S. 3-701 {Definitions). Nest run eggs: eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed (A.R.S. 3-701 {Definitions). Communities Putting Prevention to Work Brought to you by the Department of Health and Human Services www.HealthyPima.org
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