Pennsylvania Act 1919-356 — EGGS, SALE REGULATED

Act text

EGGS, SALE REGULATED
                 Act of Jul. 10, 1919, P.L. 900, No. 356              Cl. 31
                                  AN ACT

     Relating to eggs, prohibiting the sale, offering for sale,
        exposing for sale, or having in possession with intent to
        sell, eggs, for and as fresh, that are not fresh eggs, or of
        branding or of labeling or marking eggs as being fresh eggs
        that are not fresh eggs; prescribing certain duties of the
        Dairy and Food Commissioner in reference thereto; and
        providing penalties for the violation thereof.

        Section 1.  Be it enacted, &c., That it shall be unlawful for
     any person, firm, or corporate body, by himself, herself, or
     themselves, or by his, her, or their agents or servants, to
     sell, expose for sale, advertise for sale, or have in his, her,
     or their possession with intent to sell, any eggs, as "fresh
     eggs," "strictly fresh eggs," "hennery eggs," "new laid eggs,"
     or other words or descriptions of similar import that are not
     fresh eggs.
        No egg shall be deemed to be fresh which does not meet or is
     not above the minimum requirements of fresh eggs as shall be
     established by the Department of Agriculture.
        (1 amended Apr. 25, 1935, P.L.88, No.38)
        Section 2A.  The minimum requirements for fresh eggs are as
     follows:
        a.  The air cell must be not more than two-eighths of an inch
     in depth, localized, regular.
        b.  The yolk may be visible, but not plainly visible or
     mobile.
        c.  The white must be firm and clear.
        d.  The germ must not show any visible development.
        (2A added Apr. 25, 1935, P.L.88, No.38)
        Section 2B.  In the case of wholesale lots, a tolerance of
     ten per centum net shall be allowed in shell eggs fixed by this
     act if eight per centum of the eggs within the tolerance have an
     air cell three-eighths of an inch or less in depth, and in which
     is permitted slightly visible germ development plainly visible,
     mobile yolk, and slightly watery whites. The remaining two per
     centum may include all other defects. In the case of retail
     sales, at least ten eggs in each dozen shall conform to the
     minimum requirements for fresh eggs, and not more than two eggs
     in each dozen shall fall within the tolerance, as above provided
     in the case of wholesale lots.
        (2B added Apr. 25, 1935, P.L.88, No.38)
        Section 2C.  In all cases the final determination of the
     correct quality of shell eggs shall be made by candling, or by
     other approved methods prescribed by the Secretary of
     Agriculture.
        (2C added Apr. 25, 1935, P.L.88, No.38)
        Section 2D.  Shell eggs, which fail to meet or are not above
     minimum requirements provided for by this act, shall be sold
     simply as eggs, except if the shells have been treated with oil
     or in any other manner, then the package or container shall be
     clearly and conspicuously marked in a legible manner "shell
     treated" or "shell protected" if sold as fresh eggs, even if
     conforming to the requirements provided for in this act.
        (2D added Apr. 25, 1935, P.L.88, No.38)
        Section 2.  Eggs shall be deemed to be misbranded under this
     act, if they are in any way branded, labeled, marked, stamped,
     as being fresh eggs, "new laid eggs," "hennery eggs," "strictly
     fresh eggs," or by a similar term, when they are in fact not
     fresh eggs, and do not conform to or are not above the minimum
     requirements provided by this act. The misbranding of eggs shall
     be deemed a violation of this act.
        (2 amended Apr. 25, 1935, P.L.88, No.38)
        Section 3.  Any person, copartnership, association, or
     corporation violating any of the provisions of this act shall,
     for the first offense, upon summary conviction thereof, be
     sentenced to pay a fine not exceeding fifty dollars ($50), and
     in default thereof, such person, or the responsible officers and
     agents of the corporation or association, shall be sentenced to
     undergo imprisonment for not more than thirty (30) days; and for
     a second or subsequent offense, be guilty of a misdemeanor, and
     on conviction thereof, shall be imprisoned not exceeding six (6)
     months, or fined not exceeding five hundred dollars ($500), or
     both.
        (3 amended Apr. 18, 1949, P.L.489, No.103)
        Section 4.  That the Department of Agriculture shall be
     charged with the enforcement of the provisions of this act.
        (4 amended June 10, 1931, P.L.491, No.155)
        Section 5.  That all fines and penalties imposed and received
     for the violation of any of the provisions of this act shall be
     paid to the Department of Agriculture, and, when so collected
     and paid shall thereafter be, by the department, paid, through
     the Department of Revenue, into the State Treasury for the use
     of the Commonwealth.
        (5 amended June 10, 1931, P.L.491, No.155)