Article 12. Unlawful Acts, General of California Food And Agricultural Code >> Division 12. >> Part 4. >> Chapter 1. >> Article 12.
It is unlawful for any person to violate any provision of
this chapter or any regulation adopted by the director pursuant to
the provisions of this chapter.
It is unlawful for any person to mark any eggs which were
not produced in this state "Produced in California" or represent them
in any manner to be a product of this state.
It is unlawful for any person to engage in the business of
an egg handler without first registering as an egg handler as
provided for in Article 3 (commencing with Section 27541).
It is unlawful for any person to sell or use any container
or subcontainer of eggs which bears a name, a trademark, or a trade
name unless the seller or user is entitled to use the name,
trademark, or trade name.
It is unlawful for any person to sell or represent as
chicken eggs, eggs from any other species of fowl, or mixed eggs from
more than one species of fowl, or eggs from ducks, turkeys, geese,
or any species of fowl other than chickens, unless the containers and
subcontainers of the eggs are marked with, or a sign, placard, or
other inscription otherwise indicates fully, the species of fowl from
which the eggs were produced.
It is unlawful for any person to sell as "fresh eggs,"
"ranch eggs," or "farm eggs," or to represent as being fresh, any
eggs which are below the quality of grade A or which have been held
in cold storage more than 30 days.
It is unlawful for any person to make any statement,
representation, or assertion orally, by public outcry, or
proclamation, or in writing, or by any other manner or means whatever
concerning the quality, size, weight, condition, source, origin, or
any other matter relating to eggs which is false, deceptive, or
misleading in any particular.
It is unlawful for any person to fail to comply with any
lawful order of an enforcement officer, or of any court, in any
proceeding pursuant to this chapter or any regulation adopted
pursuant to this chapter.
It is unlawful for any person to do any of the following:
(a) Refuse to submit any eggs or any container, subcontainer, lot,
load, or display of eggs to the inspection of any enforcement
officer.
(b) Refuse to stop, at the request of any enforcement officer, any
vehicle which is transporting eggs.
It is unlawful for any person to move any eggs or their
containers to which any warning tag, hold card, or notice has been
affixed or to remove the warning tag, hold card, or notice from the
place where it may be affixed, except upon written permission, or
upon the specific direction of an enforcement officer.
It is unlawful for any person to prepare, pack, place,
deliver for shipment, deliver for sale, load, ship, transport, or
sell eggs in the shell unless the eggs and their containers conform
to all of the requirements of this chapter or any regulation adopted
pursuant to this chapter.
It shall be presumed from the fact of possession by any
person engaged in the sale of eggs that such eggs are for sale for
human consumption unless they have been denatured and the containers
are labeled in one-inch letters "Not for human consumption."
(a) It is unlawful for an egg handler, as defined in Section
27510, to hold, store, transport, or display eggs that are packed or
graded for human consumption unless the eggs are held, stored,
transported, or displayed consistent with both of the following
requirements:
(1) At an average ambient temperature of 45 degrees Fahrenheit, or
lower.
(2) At a temperature equal to or less than the temperature
requirement for holding, storing, transporting, or displaying eggs
established by regulations of the United States Department of
Agriculture in Title 7 of Part 56 of the Code of Federal Regulations
governing the grading of shell eggs.
(b) Retail outlets that are regulated by this chapter, except for
retail outlets located in shell egg packing or distribution
facilities, are exempt from subdivision (a).
(c) Direct marketing activities, including certified farmers'
markets, as defined in Section 113742 of the Health and Safety Code,
community food producers, as defined in Section 113752 of the Health
and Safety Code, community-supported agriculture, as defined in
Section 47060, and farm stands, as defined in Section 47050, are not
required to comply with subdivision (a).
(d) Transport vehicles may exceed the 45 degree Fahrenheit maximum
temperature required pursuant to subdivision (a) when eggs are
either being loaded into the transport vehicle or unloaded from the
transport vehicle. A transport vehicle shall be deemed to be in
compliance with subdivision (a) if the transport vehicle is equipped
and has in operation when eggs are in the transport vehicle a
refrigeration unit delivering air at a temperature of 45 degrees
Fahrenheit or lower.
(a) Except as provided in subdivision (c), it is unlawful
for an egg handler, as defined in Section 27510, to sell, offer for
sale, or expose for sale eggs that are packed or graded for human
consumption unless at least one of the following conditions is met:
(1) The consumer container is plainly, legibly, and conspicuously
labeled "KEEP REFRIGERATED" or with words of similar meaning.
Consumer container labeling that complies with the safe-handling
instructions required by Section 101.17 of Title 21 of the Code of
Federal Regulations shall be deemed to comply with this paragraph.
(2) A conspicuous sign is posted at the point of sale for eggs on
bulk display advising consumers that the eggs are to be refrigerated
as soon as practical after purchase.
(b) Except as provided in subdivision (c), it is unlawful for an
egg handler to sell, offer for sale, or expose for sale eggs that are
packed for human consumption unless each container intended for sale
to the ultimate consumer is labeled on one outside top, side, or end
with all of the following:
(1) (A) The words "Sell-by" immediately followed by the month and
day in bold type, for example "June 30" or "6-30." Common
abbreviations of months shall be permitted.
(B) The sell-by date shall not exceed 30 days from the date on
which the eggs were packed, excluding the date of packing.
(C) If the eggs are repacked but not regraded, the original
sell-by date shall apply.
(2) A Julian pack date. As used in this paragraph, the Julian pack
date is the consecutive day of the year on which the eggs were
packed.
(3) The identification number of the plant of origin.
(c) This section does not apply to eggs that are packaged for
export. Paragraph (1) of subdivision (b) does not apply to eggs that
are packaged for interstate commerce or eggs that are packaged for
military sales. This section does not apply to pasteurized in-shell
eggs.
(d) All eggs returned from grocery stores, store warehouses, and
institutions shall not be reprocessed for retail shell egg sales.
(e) (1) For purposes of paragraph (3) of subdivision (b), the
department, in consultation with the Shell Egg Advisory Committee,
shall establish a plant identification numbering system and assign
identification numbers to all egg handling facilities.
(2) For purposes of complying with paragraph (3) of subdivision
(b), an egg handling facility that is inspected by the United States
Department of Agriculture, and to which a federal plant
identification number has been assigned, may use the federal
identification number, the identification number assigned by the
department, or both.
(a) It is unlawful for an egg handler, as defined in
Section 27510, to sell, offer for sale, or expose for sale
pasteurized in-shell eggs that are packed for human consumption
unless both of the following conditions are met:
(1) The consumer container is conspicuously labeled "KEEP
REFRIGERATED" or with words of similar meaning. Consumer container
labeling that complies with the safe handling instructions required
by Section 101.17 of Title 21 of the Code of Federal Regulations
shall be deemed to comply with this paragraph.
(2) A conspicuous sign is posted at the point of sale for
pasteurized in-shell eggs on bulk display advising consumers that the
pasteurized in-shell eggs are to be refrigerated as soon as
practical after purchase.
(b) Except as provided in subdivision (c), it is unlawful for an
egg handler to sell, offer for sale, or expose for sale pasteurized
in-shell eggs that are packed for human consumption unless each
container intended for sale to the ultimate consumer is labeled on
one outside top, side, or end with all of the following:
(1) The words "Sell by" immediately followed by the month and day
in bold type. Common abbreviations for months may be used.
(A) The sell-by date shall not exceed 75 days from the date on
which the pasteurized in-shell eggs were pasteurized, excluding the
date of pasteurization. Processors of in-shell eggs that subject the
eggs to the pasteurization process shall establish a sell-by date by
completion of an appropriate shelf stability study that includes
public health and safety criteria. The processor shall retain the
study on file at the processing plant and make it available to the
department or the State Department of Public Health upon request.
(B) If the pasteurized in-shell eggs are repacked, the original
sell-by date shall apply.
(2) A Julian pack date. As used in this paragraph, the Julian pack
date is the consecutive day of the year on which the pasteurized
in-shell eggs were pasteurized.
(3) The identification number of the plant of origin.
(4) A conspicuous identification of the eggs as "pasteurized."
(5) All state and federal labeling requirements.
(c) This section does not apply to pasteurized in-shell eggs that
are packaged for export.
(d) Paragraph (1) of subdivision (b) does not apply to pasteurized
in-shell eggs that are packaged for interstate commerce or
pasteurized in-shell eggs that are packaged for military sales if
exported to a state or federal agency that requires a different
format for the sell-by or best-if-used-by date on pasteurized
in-shell eggs, and the processor is utilizing that format.
(e) All pasteurized in-shell eggs returned from grocery stores,
store warehouses, and institutions shall not be reprocessed for any
retail in-shell egg sales.
(f) (1) The department, in consultation with the Shell Egg
Advisory Committee, established pursuant Section 27571, shall
establish a plant identification numbering system and assign
identification numbers to all pasteurized in-shell egg handling
facilities.
(2) For purposes of complying with paragraph (3) of subdivision
(b), a pasteurized in-shell egg handling facility that is inspected
by the United States Department of Agriculture or the federal Food
and Drug Administration, and to which a federal plant identification
number has been assigned, may use the federal identification number,
the identification number assigned by the department, or both.