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House Engrossed
expiration date; eggs; definition |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2750 |
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An Act
amending sections 3-701, 3-705, 3-718, 3-724 and 3-733, Arizona Revised Statutes; relating to the regulation of eggs and egg products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-701, Arizona Revised Statutes, is amended to read:
3-701. Definitions
In this article, unless the context otherwise requires:
1. "Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person.
2. "Associate director" means the associate director of the division.
3. "Candling" means the visual examination of eggs to establish their quality by the use of using 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.
4. "Carton" means an egg carton as used in commercial practice in the United States.
5. "Case" means a standard thirty-dozen egg case as used in commercial practice in the United States.
6. "Consumer" means a person who buys eggs for use as food and not for resale in any form.
7. "Container" means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case.
8. "Dealer" means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state.
9. "Deceptive" means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects.
10. "Division" means the animal services division of the Arizona department of agriculture.
11. "Egg products":
(a) Means eggs that are removed from the shell in a liquid, frozen, dried or freeze-dried state.
(b) May consist of whole eggs, yolks, whites or any blend of yolk and white, with or without additives, if eggs are the main ingredient.
12. "Eggs" means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl.
13. "Expiration date" means:
(a) For eggs that are marked grade AA, the words "sell by" or "buy thru" followed by a date, including the month and day, that is not more than twenty-four thirty days after the eggs were candled and includes the date the eggs were candled.
(b) For eggs that are marked grade A, the words "best by" or "use by" followed by a date, including the month and day, that is not more than forty-five days after the eggs were candled and includes the date the eggs were candled.
14. "Grade" means classified as to quality and applies to a dozen, case, lot or load of eggs.
15. "Half case" means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States.
16. "Inspector" means an egg inspector who is appointed or assigned pursuant to section 3-709.
17. "Manufacturer" means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption.
18. "Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded.
19. "Mislabel" means the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation on eggs or on a carton, container or subcontainer of eggs, or on the label or lining or wrapper thereof, or on the outward end of the case, or on a placard or sign used in connection therewith, or in connection with any display having reference to eggs.
20. "Nest run eggs" means 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.
21. "Person" includes an individual, household, firm, corporation, company or association.
22. "Processed" means that the shell has been treated with oil or another preservative preparation.
23. "Producer" means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state.
24. "Producer-dealer" means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the this state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers.
25. "Quality" means the inherent properties of any product that determine its relative degree of excellence.
26. "Retailer" means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale.
27. "Sell" includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade.
28. "Size" means classified as to weight.
29. "Standard" means the quality specifications for a single egg.
30. "Subcontainer" means a container that is used within another container.
31. "Supervisor" means the supervisor of egg inspection or the supervisor's authorized representative.
Sec. 2. Section 3-705, Arizona Revised Statutes, is amended to read:
3-705. Standards of quality
A. The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.
B. The standards of quality established pursuant to this section may not prohibit an egg that otherwise might be deemed grade A after twenty-four days after the egg was candled, including the date the egg was candled, from being advertised and sold as grade aa for up to thirty days after the egg was candled, including the date the egg was candled.
Sec. 3. Section 3-718, Arizona Revised Statutes, is amended to read:
3-718. Sale of eggs; invoice; deterioration of eggs below grade; exceptions
A. Every person selling that sells eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or consumer shall furnish an invoice showing the date of sale, the exact quantity of eggs or egg products, and the size and grade of the eggs, or nest run eggs, according to the standards prescribed pursuant to this chapter, together with the name and address of the person that is buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer to a producer when the producer sells nest run eggs to such the dealer or producer-dealer complies with this section. A copy of the invoice or egg purchase ticket shall be kept on file by the seller and the buyer at their respective places of business for a period of thirty days and shall be open at all reasonable times to inspection by an inspector.
B. A person having eggs marked that marks eggs in accordance with the invoice who and that keeps the eggs for such time after they are purchased as to cause them to deteriorate to a lower grade or size and then offers or exposes them the eggs for sale under the mark of the invoice grade or size violates this article, unless the invoice grade of the eggs is grade aa and the eggs are offered or exposed for sale on or before thirty days after the eggs were candled, including the date the eggs were candled.
C. No An invoice shall be is not required on eggs when sales are made by the producer from eggs that are produced on the producer's premises and that are sold direct to the consumer.
D. No An invoice shall be is not required on eggs sold or delivered by a retailer when selling eggs from the retailer’s establishment to consumers.
Sec. 4. Section 3-724, Arizona Revised Statutes, is amended to read:
3-724. Misrepresentation of quality; exemption
A. No a person shall may not advertise, represent or sell eggs as fresh eggs or represent them to be fresh eggs unless they the eggs meet the requirements for grade A or better.
B. No a person shall may not advertise, represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the requirements for grade A or better.
c. a person may advertise, represent or sell eggs marked grade aa as fresh or grade aa for up to thirty days after the eggs were candled, including the date the eggs were candled.
Sec. 5. Section 3-733, Arizona Revised Statutes, is amended to read:
3-733. Unlawful acts and conduct; exemption
The following acts or conduct are is unlawful:
1. Failure Failing to comply with a lawful order of the department, or of a court, in a proceeding under the provisions of this article.
2. Refusal Refusing to submit eggs or egg products or a case, carton, container, subcontainer, lot, load or display of eggs to inspection or to refuse to stop, at the request of an authorized representative of the department, any vehicle transporting eggs or egg products.
3. Failure Failing to appear in court at the time and place designated in a written promise given after arrest in accordance with the provisions of this article, regardless of the disposition of the offense originally charged.
4. Making a statement, representation or assertion in writing, or by any other manner or means whatever, concerning the grade, size, weight, condition of or any other matter relating to advertising and selling eggs and egg products which that is false, deceptive or misleading in any particular. For the purposes of this paragraph, advertising or selling grade aa eggs for up to thirty days after the eggs were candled, including the date the eggs were candled, is not false, deceptive or misleading.
5. Furnishing an invoice, statement or bill showing the size, grade, representation of freshness or any other description of eggs or egg products which that is false, deceptive or misleading in any particular.