Article 1 - Definitions and General Provisions
FOOD AND AGRICULTURAL CODE
SECTION 27501-27523
27501. Unless the context otherwise requires, the definitions set
forth in this article shall govern the construction of this chapter.
27502. "Agent" includes bailee, broker, commission merchant,
factor, auctioneer, solicitor, consignee, and any other person that
is acting upon the express or implied authority of another.
27503. "At retail" means a sale or transaction between a retailer
and a consumer.
27503.5. "California egg" means an egg produced in this state.
27504. "Candling" means the examination of the interior of eggs by
use of a transmitted light.
27505. "Cold storage eggs" means eggs which have been in cold
storage for a period of more than 30 days.
27506. "Committee" means the Shell Egg Advisory Committee.
27507. "Consumer" means any person who purchases eggs for his or
her own family use or consumption; or any restaurant, hotel,
boardinghouse, bakery, or other institution or concern which
purchases eggs for serving to guests or patrons thereof, or for its
own use in cooking or baking and not for resale in the shell.
27508. "Container" means any box, case, basket, carton, sack, bag,
or any other device which is used to facilitate the handling of eggs.
27509. "Deceptive" means any arrangement of the contents of any
container, or subcontainer, or of any lot, load, or display, in which
the eggs in the outer layer or in any portion exposed to view are in
quality, size, condition, or in any other respect so superior to
those in the interior or unexposed portion as to materially
misrepresent the contents or any part thereof as to size, quality,
condition, or any other respects.
27510. "Egg handler" means a person engaged in the business of
producing, candling, grading, packing, or otherwise preparing shell
eggs for market or who engages in the operation of selling or
marketing eggs that he or she has produced, purchased, or acquired
from a producer, or which he or she is marketing on behalf of a
producer, whether as owner, agent, employee, or otherwise. This
section shall not apply to any purchaser who is a retailer and who
does not handle eggs in any other capacity, except as a retailer.
27510.1. "Producer" means a person engaged in the business of
producing eggs from domesticated fowl for human consumption, who is
not in the business of candling, grading, packing, sorting, or
otherwise preparing shell eggs for market, marketing, or processing
eggs into egg products.
27511. "Egg meats" means the white, yolk, or any part of eggs, in
liquid, frozen, dried, or any other form, used, intended or held for
use, in the preparation of, or to be a part of or mixed with, food or
food products, for human consumption.
27512. "Egg products" means egg meats.
27513. "Eggs" means eggs in the shell from chickens, turkeys,
ducks, geese, or any other species of fowl.
27514. "Incubated eggs" means eggs which have been in the course of
incubation, whether natural or artificial.
27515. "Incubator rejects" means incubated eggs.
27516. "Marked" means plainly, legibly, and conspicuously labeled,
stamped, stenciled, printed, or branded.
27517. "Mislabel" means the presence of any false, deceptive, or
misleading mark, term, statement, design, device, inscription, or any
other designation upon any eggs or upon any container or
subcontainer of eggs, or upon the label, lining, or wrapper thereof,
or upon any placard or sign used in connection therewith, or in
connection with any bulk lot or display having reference to eggs.
27518. "Retailer" means any person who sells eggs to a consumer.
27519. "Shell eggs" means eggs.
27519.5. "Shipped egg" means an egg that is produced outside the
State of California and shipped into the state for purposes of resale
or use by a direct user.
27520. "Subcontainer" means any container when being used within
another container.
27521. The purposes of this chapter are as follows:
(a) To assure that healthful and wholesome eggs of known quality
are sold in this state.
(b) To facilitate the orderly marketing of shell eggs in a uniform
manner.
(c) To prevent the marketing of deceptive or mislabeled containers
of eggs.
27522. "Eggs that are packaged for export" means those eggs
destined for conveyance to any location outside the United States or
its territories.
27523. "Eggs that are packaged for interstate commerce" means those
eggs destined for sale outside the state.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27501-27523)
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Article 4 - Assessment Fees
FOOD AND AGRICULTURAL CODE
SECTION 27551-27555
27551. The following persons shall pay to the secretary a maximum
fee of five cents ($0.05) for each 30 dozens of eggs sold as provided
below:
(a) California egg handlers shall pay the fee on all egg sales
from their own production, on eggs purchased or acquired from
California egg producers, and on eggs processed into egg products.
California egg handlers shall not pay a fee on eggs purchased from
out-of-state egg handlers or egg producers.
(b) California egg producers shall pay the fee on all egg sales to
anyone not registered under this chapter as an egg handler, to
out-of-state purchasers, and to egg breaking plants.
(c) Out-of-state egg handlers and producers shall report and pay
the fee on egg sales into California sold to a retailer, producer,
handler, or breaking plant.
(d) Shipments of eggs which are accompanied by a United States
Department of Agriculture certificate of grade and sold to the
federal government or its agencies are exempt from these fees.
(e) Eggs sold to household consumers on the premises where
produced from a total flock size of 500 hens or less are exempt from
these fees.
(f) The assessment provided for in this section shall only be paid
once on any particular egg.
27552. The fees provided in Section 27551 are maximum fees and may
be established at a lower rate by the director at any time the funds
derived from such assessment are more than reasonably necessary to
cover the cost of administration and enforcement of this chapter,
including the maintenance of a reasonable reserve fund for such
purposes.
27553. The secretary may, by regulation, prescribe the frequency of
payment of assessments, the procedures for payment, the procedures
for refunds of payment, and penalties for late payment. However, the
department may triple the assessment for any eggs for which the
required payment has not been made by the established due date. If a
triple assessment is less than five hundred dollars ($500), the
assessment shall be five hundred dollars ($500).
27554. The moneys which are received by the director pursuant to
this chapter shall be deposited in the Department of Food and
Agriculture Fund and shall be used only for the administration and
enforcement of this chapter, including, but not limited to, payments
to commissioners pursuant to Article 5 (commencing with Section
27561). The moneys are exempt from the provisions of Article 2
(commencing with Section 13320) of Chapter 3 of Part 3 of Division 3
of Title 2 of the Government Code.
27555. The director may assess a special fee upon egg handlers who
use descriptive terms on egg containers that require laboratory
analysis to verify the terms. This fee shall be used for laboratory
analysis necessary for label approval and continued surveillance for
compliance with the descriptive terms.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27551-27555)
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Article 5 - Administration and Enforcement
FOOD AND AGRICULTURAL CODE
SECTION 27561-27566
27561. (a) The director shall enforce this chapter, and the
regulations adopted pursuant to this chapter.
(b) The commissioners of each county, their deputies, and
qualified inspectors, under the supervision and control of the
director, shall enforce this chapter and the regulations which are
adopted by the director pursuant to this chapter.
(c) Except as provided in Sections 27581 and 27601, and any of
the violations enumerated in paragraph (1) of subdivision (a) of
Section 27671, before any state or local official may commence legal
prosecution of a handler based on a violation of this chapter, or the
regulations adopted pursuant to this chapter, the handler shall be
given an opportunity for a hearing with respect to the alleged
violation. The director shall establish, with the advice of the
committee, a policy manual which sets forth procedures for providing
notice to a person charged with the violation, and for conducting
the hearing. The policy manual is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
27562. (a) The director shall determine the necessary amount to be
expended by each county and the department to achieve adequate
administration and enforcement of this chapter, including, but not
limited to, uniformity of inspection in all counties.
(b) To make the determination for purposes of subdivision (a), the
director shall determine the amount of funds generated by the fees
collected pursuant to Article 4 (commencing with Section 27551) that
shall be distributed to counties where point-of-origin inspections
are performed pursuant to Section 27593. The director shall also
determine the amount of funds generated by the fees collected
pursuant to Article 4 (commencing with Section 27551) that shall be
distributed to those counties that choose to enter into an agreement
with the director to perform inspections of retail operations upon
request pursuant to Section 27594.
27563. Within 90 days after the end of each fiscal year, the
commissioner of a county shall submit, in the form prescribed by the
director, a statement to the director which shows the expenditures of
funds in the enforcement and administration of this chapter for that
fiscal year. Such statement shall be subject to audit by the
director.
27564. Each fiscal year the director shall prepare a statement
which shows the receipt and expenditure for each county as well as
those funds expended by the director during the fiscal year of funds
provided for in this chapter. The director shall, upon written
request of any person who is financially interested in the inspection
work which is conducted pursuant to this chapter, forward a copy of
such report to any such person.
27565. The director may enter into an agreement with any
commissioner for the enforcement of this chapter or the regulations
adopted pursuant to this chapter.
27566. If any commissioner does not adequately and properly enforce
the provisions of this chapter, or regulations adopted pursuant to
this chapter, or any agreement, as determined by the director, the
director shall provide these services and expend that county's share
of the assessment fees for the proper enforcement of this chapter, in
lieu of the reimbursement to such counties pursuant to Sections
27554 and 27562.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27561-27566)
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Article 6 - Shell Egg Advisory Committee
FOOD AND AGRICULTURAL CODE
SECTION 27571-27574
27571. (a) The secretary shall appoint a Shell Egg Advisory
Committee consisting of seven members, six of whom shall be selected
by the secretary from egg handlers and be representative of the egg
industry. The secretary shall appoint two alternates who may serve
in the absence of any of the six egg handler representatives. The
California Agricultural Commissioners Association shall annually
designate one of its members who shall serve in a nonvoting capacity
as the seventh member of the committee. The secretary may appoint
one additional member on the committee, who shall be a public member.
The members of the committee shall receive no salary.
(b) Upon the secretary's request, the committee shall submit to
the secretary the names of three or more natural persons, each of
whom shall be a citizen and resident of this state and not a
producer, shipper, or processor nor financially interested in any
producer, shipper, or processor, for appointment by the secretary as
a public member of the committee. The secretary may appoint one of
the nominees as the public member on the committee. If all nominees
are unsatisfactory to the secretary, the committee shall continue to
submit lists of nominees until the secretary has made a selection.
Any vacancy in the office of the public member of the committee shall
be filled by appointment by the secretary from the nominee or
nominees similarly qualified submitted by the committee. The public
member of the committee shall represent the interests of the general
public in all matters coming before the committee and shall have the
same voting and other rights and immunities as other members of the
committee.
27571.1. It is hereby declared, as a matter of legislative
determination, that egg handlers appointed to the Shell Egg Advisory
Committee pursuant to this article are intended to represent and
further the interest of a particular agricultural industry concerned,
and that the representation and furtherance is intended to serve the
public interest. Accordingly, the Legislature finds that, with
respect to persons who are appointed to the committee, the particular
agricultural industry concerned is tantamount to, and constitutes,
the public generally within the meaning of Section 87103 of the
Government Code.
27572. The term of office for each member, other than the member
designated by the California Agricultural Commissioners Association,
of the committee shall be for three years. Appointment of the first
voting members shall be made so that the term of office for two
voting members shall expire at the end of one year, two at the end of
two years, and two at the end of three years. Thereafter,
appointments for the voting members shall be for full three-year
terms.
27573. The committee shall be advisory to the Secretary of Food and
Agriculture on all matters pertaining to standards for shell eggs.
The committee may advise on:
(a) Quality of shell eggs.
(b) Recommendations concerning sampling.
(c) Uniformity of inspection.
(d) Adjustment of fees for proper administration and enforcement.
(e) Annual budget for the administration and enforcement of this
chapter and all matters pertaining to this chapter or regulations
adopted pursuant thereto.
(f) Components of the Egg Quality Assurance Plan, a voluntary food
safety program, that are consistent with and promote the purposes of
this chapter.
27574. The committee shall meet at the call of its chairman, the
director, or at the request of any three members of the committee.
The committee shall meet at least once a year. Necessary
expenditures incurred by the committee members in attending committee
meetings may be reimbursed in accordance with Department of
Personnel Administration rules.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27571-27574)
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Article 7 - Civil Penalties and Remedies
FOOD AND AGRICULTURAL CODE
SECTION 27581-27582
27581. The director may bring an action to enjoin any violation or
any threatened violation of this chapter or any regulations adopted
pursuant to this chapter in the superior court in the county in which
the violation occurred or is about to occur. Any proceeding
pursuant to this section shall conform to the requirements of Chapter
3 (commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure. The director shall not, however, be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.
27581.2. In lieu of seeking prosecution of any violation of this
chapter, or the regulations adopted pursuant to this chapter, as a
misdemeanor pursuant to Section 27671, the director may bring a civil
action pursuant to Sections 27581 and 27581.4.
27581.4. (a) The director may bring a civil action against any
person who violates this chapter or any regulation adopted pursuant
to this chapter, and any person who commits that violation is liable
civilly in an amount not to exceed one thousand dollars ($1,000).
(b) Any money recovered under this section shall be deposited in
the Department of Food and Agriculture Fund for use by the department
in administering this chapter, when appropriated to the department
for that purpose.
27581.9. A legal prosecution pursuant to this chapter shall be
commenced within three years of the occurrence of the violation.
However, once an investigation is completed and the appropriate
documents have been submitted to the director, as determined by the
director, the action shall be commenced within one year of that
submission.
27582. Except as provided in Section 27601, the director shall
commence any civil action based on a violation of this chapter, and
the regulations adopted pursuant to this chapter, which shall be
limited to the remedies provided for in this chapter.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27581-27582)
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Article 8 - Powers of Enforcing Officers
FOOD AND AGRICULTURAL CODE
SECTION 27591-27600
27591. Any enforcement officer may do any of the following:
(a) Enter and inspect any place or conveyance within the county or
district over which he has supervision, where any eggs are produced,
candled, incubated, stored, packed, prepared, delivered for
shipment, loaded, shipped, transported, or sold.
(b) Inspect the eggs and their containers and equipment which are
found in any place or conveyance which he is authorized to enter and
inspect.
(c) Take for inspection and hold as evidence, if necessary,
representative samples of the eggs and containers, for the purpose of
determining whether or not any provision of this chapter or
regulation adopted by the director pursuant to this chapter has been
violated.
27592. Any enforcement officer may, while enforcing this chapter or
any regulations adopted by the director pursuant to this chapter,
issue a hold card for all or any part of any pack, load, lot,
consignment, or shipment of eggs which are packed, stored, delivered
for shipment, loaded, shipped, transported, or sold in violation of
any provision of this chapter or any regulation adopted pursuant to
this chapter.
27593. A commissioner in each county or the director shall perform
a point-of-origin inspection on the eggs in the county of their
origin to ensure that the eggs inspected meet all applicable
regulations.
The inspections performed under this section shall include
inspections at shell egg packing plants and major distribution
points.
Regulations adopted to implement this section shall be developed
in consultation with the Shell Egg Advisory Committee.
27594. (a) The director, or the commissioner under the direction
and supervision of the director, shall inspect eggs at the point of
destination upon the request of a retailer or a consumer. The
director, or the commissioner under the direction and supervision of
the director, may also perform this inspection when he or she has
probable cause to believe that a violation of this chapter, or a
regulation adopted thereunder, is presently occurring or has recently
occurred.
(b) In addition, retail inspection for monitoring purposes may be
conducted by the commissioners.
27595. The enforcing officer may, and, if requested by an enforcing
officer of the state or county of destination, shall, affix a
warning to any vehicle or other means of transportation, or to any
eggs not previously available for inspection in California unless
accompanied by a federal certificate of grade, whether or not the
eggs are exempt from the standards, and serve a disposal order upon
the owner or person that has custody or possession of any load or
lot.
27596. The warning notice, and disposal order which directs the
proper disposition of eggs, and the disposal order receipt to be
signed by an enforcing officer at destination which confirms that
disposition, shall be in the form which is specified by, and provided
by, the director.
27597. The enforcing officer at the point of destination of a load
or lot shall determine that the load or lot has been delivered to the
consignee at the destination which is specified in the order and
shall then release the load or lot and countersign the disposal order
receipt so given to him or her. He or she shall immediately forward
the receipt to the enforcing officer who served the disposal order.
27598. It is unlawful for any person to deliver any eggs which are
subject to a disposal order to any person or destination except the
person or destination which is shown on the disposal order, unless he
or she is specifically authorized in writing to do so by an
enforcing officer.
27599. It is unlawful for any person to dispose of any eggs which
are subject to a disposal order prior to the release in writing of
the load or lot by the enforcing officer at the point of destination.
This section does not, however, make it unlawful for any person to
unload and store any eggs which are subject to a disposal order.
27600. It is unlawful for any person to use or dispose of any eggs
for which a disposal order has been issued, in any manner or for any
purpose except the manner or purpose for which the disposal order was
issued, unless the person is specifically authorized in writing to
do so by an enforcement officer.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27591-27600)
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Article 9 - Abatement
FOOD AND AGRICULTURAL CODE
SECTION 27601
27601. Upon the request of the director or an authorized
representative, the district attorney of the county in which the eggs
and their containers which are a public nuisance are found, shall
maintain, in the name of the people of the State of California, a
civil action to abate and prevent the public nuisance.
Upon judgment and by order of the court, the eggs and their
containers which are a public nuisance shall be condemned and
destroyed in the manner which is directed by the court, or
reconditioned, remarked, denatured, or otherwise processed, or
released upon the conditions as the court in its discretion may
impose to ensure that the nuisance is abated.
If the owner fails to comply with the order of the court within
the time specified in the order, the court may order disposal of the
eggs and their containers or their sale, under the terms and
conditions as the court may prescribe, by the enforcement officer, or
by the sheriff or marshal.
If the court orders the sale of any of the eggs and their
containers which can be salvaged, the costs of disposal shall be
deducted from the proceeds of sale and the balance paid into court
for the owner.
A proceeding pursuant to this chapter or any regulation adopted
pursuant to this chapter where the value of the property seized
amounts to twenty-five thousand dollars ($25,000) or less is a
limited civil case.
A public nuisance described in this section may only be abated in
any action or proceeding pursuant to the remedies provided by this
chapter. This chapter provides the exclusive source of costs and
civil penalties which may be assessed by reason of the public
nuisance against the owner of eggs and their containers which are
found to be a public nuisance.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27601)
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Article 11 - Shippers and Transporters
FOOD AND AGRICULTURAL CODE
SECTION 27621
27621. Any person, forwarding company, or common carrier may
decline to ship or transport any eggs if it is notified by an
enforcement officer that the eggs are found to be not in conformity
with any provision of this chapter or regulation adopted pursuant to
this chapter.
Any person, forwarding company, or common carrier may reserve the
right, in any receipt, bill of lading, or other writing given to the
shipper of any eggs, to reject for shipment and to return to, or hold
at the expense and risk of, such shipper, all eggs which, upon
inspection, are found to be not in conformity with any provision of
this chapter or regulation adopted pursuant to this chapter.
A person, forwarding company, or common carrier that transports
any eggs at the request of the shipper or owner of the eggs does not
violate any provisions of this chapter or regulation, unless such
person, forwarding company, or common carrier willfully fails or
refuses to stop the transportation of the eggs with reasonable
dispatch after being notified in writing by an enforcing officer of
this chapter or regulation adopted pursuant to this chapter that such
eggs are found to be delivered for shipment in violation of this
chapter or regulation adopted pursuant to this chapter.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27621)
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Article 12 - Unlawful Acts, General
FOOD AND AGRICULTURAL CODE
SECTION 27631-27644
27631. 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.
27632. 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.
27633. 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).
27634. 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.
27635. 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.
27636. 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.
27637. 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.
27638. 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.
27639. 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.
27640. 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.
27641. 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.
27642. 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."
27643. (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 all 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) Certified farmers' markets, as defined in Section 113745 of
the Health and Safety Code, 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.
27644. (a) 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.
(d) All eggs returned from grocery stores, store warehouses, and
institutions shall not be reprocessed for retail shell egg sales.
(e) (1) For the 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 the 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.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27631-27644)
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Article 14 - Registered Brands
FOOD AND AGRICULTURAL CODE
SECTION 27661-27669
27661. Every egg handler shall register with the director each
brand name which is intended for use by the handler on a master
container of eggs, other than a container made of corrugated fiber.
27662. It is unlawful for a brand registrant or his authorized
agent or employees to pack eggs into a master container which does
not bear the registrant's brand, or to transport or sell eggs in such
container.
27663. Any person who, without prior authorization, acquires
possession of a master container which bears a brand belonging to
someone else, shall, at his or her own expense, return the container
to the registered owner within 30 days. This section does not apply
to the operator of a retail store who is not otherwise an egg
handler.
27664. Every person who operates a container exchange business for
master containers of eggs shall obtain a license from the director.
27665. The director shall issue licenses to persons engaged in the
container exchange business for master containers of eggs pursuant to
such regulations as the director deems necessary to protect the
shell egg industry.
27666. Every licensee shall file with the director the name and
address of each person or firm that has contracted to use the
exchange services, and shall return all containers bearing a
registered brand to the registered owner within 30 days after
receipt.
27667. A licensee may sell containers which do not have a
registered brand, and the ownership of which cannot be determined, to
egg handlers. The handlers shall apply a registered brand before
use. The licensee shall keep a record of each sale for a period of
two years. All records required to be maintained by a licensee shall
be made available to the director upon request.
27668. The director may suspend or revoke any license for failure
to comply with the provisions of Sections 27664, 27666, or 27667 or
regulations adopted by the director relating to activities which must
be licensed pursuant to this article.
27669. It is unlawful for any common carrier or private carrier for
hire, except those which are engaged in transporting eggs and
containers of eggs to and from farms where eggs are produced, to
receive or transport any container which is marked with a brand that
is registered pursuant to this chapter or regulation unless such
carrier has in its possession a bill of lading or invoice which shows
all of the following:
(a) The name and address of the consignor.
(b) The name and address of the consignee.
(c) The number of containers.
(d) The brand which appears on the containers.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27661-27669)
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Article 15 - Criminal Punishment and Procedure
FOOD AND AGRICULTURAL CODE
SECTION 27671-27690
27671. (a) The following persons are guilty of a misdemeanor:
(1) Any person who violates Section 27632, 27638, 27639, 27640, or
27672.
(2) Any person who commits a second or subsequent violation of
this chapter, or any regulation adopted pursuant to this chapter,
that is the same as a prior violation.
(3) Any person whose intentional violation of this chapter, or
regulations adopted pursuant to this chapter, resulted, or reasonably
could have resulted, in the creation of a hazard to human health or
the environment, or in the disruption of the marketing of eggs.
(b) Any person guilty of a misdemeanor as provided in this section
is punishable as follows:
(1) In any case of willful or intentional violation, by
imprisonment in the county jail not to exceed six months, or by a
fine not to exceed one thousand dollars ($1,000), or by both.
(2) In any case which does not involve willful or intentional
violation, by a fine not to exceed one thousand dollars ($1,000).
Any prosecution for a violation of this chapter or any regulation
adopted pursuant to this chapter may be instituted in any county
where any part of the offense occurred. Any evidence which is taken
by any enforcement officer in any county may be admitted in evidence
in any prosecution in any other county.
27672. It is unlawful for any person to fail to appear in court at
the time and place designated in any written promise to appear given
after arrest pursuant to this chapter or any regulation adopted
pursuant to this chapter, regardless of the disposition of the
offense originally charged.
27673. Unless a person who is arrested for the transportation of
eggs in violation of any provision of this chapter or any regulation
adopted pursuant to this chapter demands the right of an immediate
appearance before a magistrate, the procedures as prescribed in
Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of
the Penal Code shall be followed.
27680. If the grade determination and size determination required
by this chapter or performed at a location outside of this state, the
records relating to eggs of any person registered under this chapter
at that location shall be subject to inspection by the department as
the department considers necessary. The department may contract
with another agency of state government or with a state department of
agriculture or other similar agency where the out-of-state
registrant is domiciled to conduct the inspection.
27681. A registrant whose out-of-state location is inspected shall
reimburse the department for actual and necessary expenses incurred
during the inspection. If an out-of-state registrant fails to pay
the expenses before the 11th day on which the registrant received an
invoice from the department, the department may:
(a) Automatically cancel the person's registration.
(b) Deny a registration to any person who is connected with a
person whose registration is canceled because of a violation of this
section.
(c) Issue an order to stop the sale of all eggs shipped into
California from the registrant.
27682. The actual and necessary expenses of the department for each
inspection of an out-of-state location may not exceed either of the
following:
(a) The actual and necessary expenses, not to exceed the state's
per diem, for food, lodging, and local transportation of the
inspector and the cost of the least expensive available space
round-trip airfare from Sacramento to the location to be inspected.
(b) Any contract fees charged to perform the inspection by another
state agency or an agricultural agency in the state where the
registrant is domiciled.
27683. The department shall attempt to schedule as many
out-of-state inspections as feasible within an area on each
inspection trip. If more than one registrant is inspected in an area
during an inspection trip, the expenses of the trip shall be divided
proportionately among the registrants based upon the amount of time
spent on each registrant's audit.
27684. The department shall perform sufficient inspections of the
records of out-of-state registrants to ensure that out-of-state
registrants selling eggs into California pay the appropriate fees as
required by Section 27551.
27685. Before receiving a registration as required by this chapter,
an applicant whose home office or principal place of business is
outside of this state shall file with the department the name of an
agent in this state who is authorized to receive service of process
in actions by the state or the department in the enforcement of this
chapter.
27686. All shipped eggs must be transported under refrigeration in
compliance with California statutes and regulations.
27687. (a) If the department determines that eggs are not in
compliance with this chapter or that they have been shipped without
the handler or producer first securing the required registration and
being current on the payment of the appropriate fees, the department
shall issue and enforce an order to stop the sale of the eggs.
(b) A person may not sell eggs on which a stop-sale order has been
issued until the department determines that the eggs and the handler
or producer are in compliance with this chapter. Eggs that are in
compliance with this chapter, but for which the handler or producer
have not secured the required registration and paid the appropriate
fees, may only be sold or moved under the specific direction of the
secretary.
(c) With respect to eggs that are not in compliance with this
chapter and on which a stop-sale order has been issued, the seller
may submit the eggs for reinspection to an authorized state or county
enforcement officer. If on reinspection the eggs fail to meet the
specification of the grades with which they are labeled, the seller
must remark or repackage the eggs to meet the specifications for
their actual grades before calling for reinspection. Repackaged eggs
must be labeled with the original sell by date.
27688. Each registrant shall submit a report as designated by the
department and remit any fees due on a monthly basis. The report is
due no later than the 30th day following the month of delivery to
California. Each registrant shall keep a copy of this report on file
at the registered facility for a period of three years.
27688.5. Any out-of-state registrant who fails to promptly submit
required reports or pay required fees is subject to the criminal
penalties specified in this chapter. A violation of this section is
also subject to a civil or administrative penalty not to exceed five
hundred dollars ($500) per violation. Each day a violation continues
may be considered a separate violation for purposes of penalty
assessment. The department may also seek appropriate injunctive
relief.
27689. The report required by Section 27688 shall give a complete
breakdown of all sales of graded and ungraded eggs into California,
listing the individual plant or person to whom eggs were sold and
indicating whether these eggs were sold on a graded or ungraded
basis. A check or money order in the amount of the fee as required
by this chapter on all eggs shipped into California on a graded basis
shall accompany the report.
27690. All brokers registered with California shall itemize in
their reports a true and complete list of all eggs brokered into and
in California. This list shall include the name and address of all
persons from whom eggs were purchased, to whom they were sold, and
the amount of eggs involved in each transaction. Furthermore, the
broker shall indicate whether the eggs involved in the transaction
were graded or ungraded.
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fac&group=27001-28000&file=27671-27690)
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