4 Tex. Admin. Code § 15.8 - Labeling Requirements
(a) Commercially
printed cartons.
(1) All commercially printed
retail cartons utilized must set out the following information except as
provided in paragraph (3) of this subsection:
(A) the size, grade, and quantity of the
eggs. This information must be legibly printed on the top principal display
panel of the carton in boldface type. No reference may be made to any grade or
size other than that claimed;
(B)
the Texas egg license number of the licensee, which is the person that places
or packs the eggs in the retail container. This license number shall be
displayed in legibly printed boldfaced numerals and be placed on the top or
either of the two sides of the egg carton in the same vicinity and type size as
the address, city, and state of the licensee. This must be the license number
of the actual packer rather than that of the second party for whom the eggs may
be packed; and
(C) the post office,
street address, or route number, and city and state of the Texas licensed
facility where the eggs were actually graded, labeled, sized, and/or packed.
This information shall be legibly printed in boldface capital letters and shall
be displayed on the carton in the same vicinity and type size as the Texas egg
license number.
(2) If a
producer exempt under the Code, §132.002, is using commercially printed
cartons, the cartons must be labeled "ungraded" followed by "produced by
(producer's name)" and bear the producer's address in legible printed boldface
type and sold directly to the consumer.
(3) Firms having two or more packing
operations may, at their election, utilize one inventory of egg cartons which
display the Texas egg license number and address of the parent facility.
However, each satellite packing station shall identify on each carton the
address for the actual location where the eggs were sized and graded, or at its
option, the identifying license number obtained from the department, which will
serve to substitute for the address of the actual location of the applying
satellite packing station.
(b) Stock cartons.
(1) If a licensee is using stock cartons, the
required information shall be legibly printed on the carton at the packing
plant. The minimum information shall be as follows:
(A) grade and size;
(B) Texas egg license number;
(C) post office, street address, or route
number of licensee; and
(D) city
and state.
(2) If a
producer exempt under the Code, §132.002, is using stock cartons, the
cartons must be labeled "ungraded" followed by "produced by (producer's name),"
the producer's address, and sold direct to the consumer. Such information may
be hand printed on the carton, provided it is legible and appears on the top
panel of the egg carton.
(3)
Labeling information on the stock carton must be placed in a legible fashion
and must contrast sharply with the background of the space imprinted.
(c) Cases--Dealer-wholesaler. All
egg cases containing loose eggs for human consumption which are offered for
retail or wholesale must bear a label on either or both ends of the case which
contains the following information provided, as applicable, in distinctly
legible boldface capital type or print. This information may be commercially
printed or rubber stamped on the label:
(1)
size and grade of eggs (if graded);
(2) Texas egg license number of the
licensee;
(3) post office, street
address, or route number; and
(4)
the city and state of the licensee.
(d) Cases--Producer. If the case is packed by
a producer, the label or tag affixed to the case shall read: "ungraded"
followed by "Produced by (producer's name)" and bear the complete mailing
address of the producer. Such information may be hand printed, provided it is
legible.
(e) Eggs packed in retail
"breakaway" cartons. If a retail carton can be divided by the consumer or
retailer into smaller units for the purpose of selling lesser amounts of eggs,
each half or portion of the container must contain full information as to the
size and grade, amount remaining in the divided portion, Texas egg license
number, address, and city and state of the licensee.
(f) Used Cartons. Egg cartons cannot be
reused except by the original packer.
(g) Labeling Exemptions. Permission from the
department is required to place the Texas egg license number of the licensee on
the end of the carton in lieu of the requirements of subsection (a)(1) of this
section. The requesting licensee shall provide the department with the
following minimum information:
(1) written
permission from the licensee whose Texas egg license number, address, city, and
state is commercially printed on the carton;
(2) written permission from the person that
owns the brand name or advertising design which is commercially printed on the
carton; and
(3) a schedule
itemizing:
(A) the number of cartons, by size
and brand;
(B) the amount of time
required to exhaust the supply;
(C)
the license number of the actual facility packing eggs in cartons subject to
the request; and
(D) the signature
of the person making the request.
(h) United States Department of Agriculture
Plant Numbers. Texas licensees may utilize the United States Department of
Agriculture (USDA) plant number on the carton or container in lieu of the Texas
egg license number, provided all appropriate state license fees are paid, and
further provided that the USDA number is identified by the prefix "P" when the
license number is printed.
Notes
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