Alabama Administrative Code Chapter 80-3-14 — Sale of Eggs

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-3-14-.01 Labeling Requirements And Size

(1) The label or the printed matter required under §2-12-2 (1) of the Alabama Egg Law to appear on any case or partial case of eggs shall be of a size to make all information plainly visible and easy to read.

(2) The date on which the eggs were graded must be shown as the month and day of the year. This information, label, or printed matter, must be on one end of each case.

(3) Labeling information required to appear on each carton or other type container or package of eggs, as required under §2-12-2(2) of the Alabama Egg Law, shall be in letters of a size not less than 3/16 of an inch for the grade and size of the eggs and the name and address of the packer or person responsible for such packing. The date on which the eggs were graded shall be in figures or letters of not less than 1/8 of an inch in height and shall be by means of a code number which must be the actual consecutive number of the day of the year from the beginning day of the year on which the eggs were graded (Julian dating system). Any dealer, packer or other seller of eggs may, in addition to the foregoing requirement, also imprint upon such carton or package in which eggs are offered for sale or sold, the actual date by month, day of month and year on which the eggs are graded and any other recognized method of egg container dating may also be used; provided, however, the dealer, packer or other seller of the eggs shall apply for and obtain approval from the Commissioner of Agriculture and Industries, or hisrepresentative. The code dating system for the grading of eggs, as hereinabove required, and any other additional means of carton dating as may be authorized by the Commissioner of Agriculture and Industries shall be in figures or letters of not less than 1/8 of an inch in height, clearly and legibly shown on either the top or side of the carton or package in which the eggs are offered for sale or sold.

(4) No abbreviation of any grade, term or size classification is permitted.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §§2-12-2, 2-12-4, 2-12-9.
• Filed April 19, 1982.

Ala. Admin. Code r. 80-3-14-.02 Inedible Eggs Defined

(1) Eggs of the following descriptions are classed as inedible, and not fit for human food: blackrots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring stage), eggs with bloody whites, large blood spots, large unsightly meat spots, or other foreign material, and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.

(2) Inedible eggs as defined above shall not be sold or offered for sale for human food.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §§2-12-2, 2-12-4, 2-12-9.
• Filed April 19, 1982.

Ala. Admin. Code r. 80-3-14-.03 Standards, Grades And Weight Classes For Shell Eggs

(1) Standards, grades and weight classes for shell eggs shall be consistent with those of the United States Department of Agriculture and the tolerances allowed thereunder, as such standards, grades and weight classes are now established or may hereafter be amended.

(2) Where eggs are being offered for sale by a retail egg dealer (stores) and such eggs do not comply with grade requirements, it will be presumed that the eggs were of the samegrade when delivered to the retail dealer where the eggs are inspected within a period of six (6) days following the date of delivery, provided the retail egg dealer has kept the eggs under refrigeration at a temperature of not more than 60° F during such six (6) day period; provided, however, where the retail egg dealer has not kept such eggs under refrigeration of not more than 60° F, it will be presumed that the eggs were of the same grade when delivered only three (3) days following date of delivery.

(3) A retail egg dealer shall not, however, be responsible for the grade or condition of eggs which fail to comply with grade requirements where the eggs are found to contain certain inedible eggs, such as bloody whites, large blood spots and dirty eggs.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §§2-12-2, 2-12-4, 2-12-9.
• Filed April 19, 1982.

Ala. Admin. Code r. 80-3-14-.04 Costs Of Releasing Eggs Which Have Been Suspended_From Sale

Eggs which have been suspended or ordered withheld from sale shall not be released for sale, transportation or removal until the cost of inspection, grading and releasing such eggs shall have been paid to the Department of Agriculture and Industries. The amount of such costs to be paid to said Department shall be based upon the quantity of eggs suspended from sale as follows:

Not more than 30 dozen eggs ---------- $ 5.00

More than 30 dozen eggs and less than 300 dozen -------------------------------------- $20.00

300 dozen eggs or more --------------- $30.00

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §§ 2-12-2, 2-12-4, 2-12-9.
• Filed April 19, 1982. Amended: July 25, 1985.

Ala. Admin. Code r. 80-3-14-.05 Persons Liable For Payment

The costs of inspection, grading and releasing eggs shall be borne by the person, firm, corporation who packed the eggs unless it is determined by the Commissioner or his authorized agents that the cause for the suspension, or withholding from sale order, occurred after the eggs were delivered to the person or firm onwhose premises the eggs were being offered for sale. In this case, said costs shall be borne by the person or firm on whose premises the eggs were being offered for sale.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §§2-12-2, 2-12-4, 2-12-9.
• Filed April 19, 1982.