PURPOSE: Under Missouri Egg Law, this rule
establishes the regulations governing the licensing, selling, trafficking in,
delivering, transporting, marketing, processing, and distribution of eggs. This
rule is intended to insure that the consumer will be able to buy eggs that meet
the proper standards.
PUBLISHER'S NOTE: The secretary of state has
determined that publication of the entire text of the material that is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Shell eggs shall meet the standards as
incorporated by reference in the
United States Standards, Grades, and
Weight Classes for Shell Eggs, AMS 56 published by the United States
Department of Agriculture, dated July 20, 2000. This rule does not incorporate
any subsequent amendments or additions. This document is available on the
internet at
www.ams.usda.gov/
poultry under Publications or by writing to USDA, AMS, Poultry Programs Stop
0259, Room 3944 South 1400 Independence Ave, SW Washington, DC 20250-0259.
(A) Basis of Grading Service (Sampling).
1. Any grading service in accordance with the
regulations in this part shall be for class, quality, quantity, or condition or
any combination thereof. Grading service with respect to the determination of
the quality of products shall be incorporated by reference to the United States
Standards, Grades, and Weights Classes. However, grading service may be
rendered with respect to products which are bought and sold based on
institutional contract specifications or specifications of the applicant and
such service, when approved by the administrator, shall be rendered on the
basis of such specifications. The supervision of packaging shall be in
accordance with such instructions as may be approved or issued by the
administrator.
2. Whenever grading
service is performed on a representative sample basis; such sample shall be
drawn and consist of not less than the minimum number of cases as indicated in
the following table.
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Less than 1 case (30 dozen)
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50 eggs must be examined, if less than 50, all eggs
examined in lot.
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1 case and above
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100 eggs must be examined per sample case. For each
additional 50 cases or fraction thereof.
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For each additional fifty (50) cases, or fraction
thereof, more than six hundred (600) cases, one (1) additional case shall be
included in the sample.
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(B) Identification of Graded Eggs in
Containers.
1. Eggs packaged in containers by
licensed dealers for supply or sale to retailers must be identified on each
container with either the name and address (city and state), or approved
identification number of the dealer under whose authority the eggs were packed
and the day, month, and year when said eggs were graded. Either a normal dating
procedure or a numerical code based on the day of the year may be used.
(Example: July 1, 1966, or 182-6; July 2, 1966, or 183-6).
2. The identification shall be stamped or
printed in bold legible type upon each container with letters no less than
three-sixteenths inch (3/16") in height. The term container includes box,
basket, carton, sack, bag, case, or other receptacle.
(C) Identification of Graded Eggs in Bulk.
All eggs in bulk, packed in cases, graded for retail sale, must be accompanied
by grading certificates bearing the name and address (city and state), or
approved identification number of the dealer under whose authority the eggs
were packed and the date when said eggs were graded. The identification may be
stamped or printed in bold, legible type with letters no less than
three-sixteenths inch (3/16") in height upon a grading certificate of strong
paper approximately five inches (5") long and three inches (3") wide which
shall be placed under the top flat above the first layer of eggs, or said
information may be stamped or printed on the outside of the egg case.
(2) Advertising. All advertising
including newspapers, handbills, radio, and window signs shall carry the full,
correct and unabbreviated designation of size and quality as provided by law.
Persons selling eggs from door to door, if not entirely of their own production
must have the container properly labeled as to size and quality.
(3) Records. All persons licensed under the
provisions of this rule shall keep on file for a period of two (2) years a true
and complete record of all eggs purchased or sold with the following
exceptions: no record need be kept of the name and address of the person from
whom the eggs are bought when such person is the original producer of the eggs
and the quantity purchased is less than thirty (30) dozen; no record need be
kept of eggs sold at retail; records need not show size and quality of eggs
bought from original producers or exchanged between wholesalers. With the
previous exceptions, this record will show the name and address of the person,
firm, or corporation from whom eggs were purchased and to whom sold. Such
record to show the size and quality of such eggs in each transaction after they
have been graded and also the number of dozens or cases included in such
transaction, and the dates thereof.
(4) Stop Sale Notice. The director of the
Department of Agriculture, or duly authorized agents, upon determining that the
provisions of this rule, or the rules promulgated for its enforcement, are
being violated may place "Stop Sale Notice" on all eggs being sold or offered
for sale in violation of the provisions of this rule or the regulations
thereunder and shall report the circumstances to the director of the Department
of Agriculture for action. Eggs which have had "Stop Sale Notice" applied shall
be recandled and regraded for size and quality within forty-eight (48) hours
from the time such "Stop Sale Notice" was applied. Upon failure to bring the
eggs into compliance with the rule, the director of the Department of
Agriculture will take necessary steps to cause the eggs to be condemned,
denatured, processed, destroyed, or otherwise disposed of by court
action.
(5) Maximum Temperature for
Eggs Held for Retail Sale. Shell eggs that are to be officially identified as
U.S. Grade AA, A, or B shall be placed under refrigeration at an ambient
temperature no greater than forty-five degrees Fahrenheit (45°F) seven and
two-tenths degrees Centigrade (7.2°C) promptly after packaging. Shell eggs
officially identified as U.S. Grade AA, A, or B, when shipped between official
plants, shall be transported at an ambient temperature no greater than
forty-five degrees Fahrenheit (45°F) seven and two-tenths degrees
Centigrade (7.2°C).
Notes
2 CSR
90-36.010
AUTHORITY:
section 196.354, RSMo 2016.* Original
rule filed April 27, 1964, effective May 7, 1964. Amended: Filed April 1, 1966,
effective April 11, 1966. Emergency rescission filed Dec. 10, 1981, effective
Jan. 1, 1982, expired March 1, 1982. Rescinded: Filed Dec. 10, 1981, effective
Jan. 1, 1982. Emergency rule filed Dec. 10, 1981, effective Jan. 1, 1982,
expired March 1, 1982. Readopted: Filed Dec. 10, 1981, effective March 11,
1982. Rescinded and readopted: Filed Nov. 4, 2002, effective May 30, 2003.
Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed March 18,
2024, effective Nov. 30, 2024.
AUTHORITY: section
196.354, RSMo 2000.* Original
rule filed April 27, 1964, effective May 7, 1964. Amended: Filed April 1, 1966,
effective April 11, 1966. Emergency rescission filed Dec. 10, 1981, effective
Jan. 1, 1982, expired March 1, 1982. Rescinded: Filed Dec. 10, 1981, effective
Jan. 1, 1982. Emergency rule filed Dec. 10, 1981, effective Jan. 1, 1982,
expired March 1, 1982. Read-opted: Filed Dec. 10, 1981, effective March 11,
1982. Rescinded and readopted: Filed Nov. 4, 2002, effective May 30, 2003.
Amended by
Missouri
Register December 17, 2018/Volume 43, Number 24, effective
1/29/2019
Amended by
Missouri
Register October 1, 2024/volume 49, Number 19, effective
11/30/2024.