7/1/2017Eggs

Amended by Chapter 528, 2023 General Session2023Department to establish egg grades and standards -- Authority to make and enforce rules. The department may establish grades and standards of quality, size, and weight governing the sale of eggs. The department shall, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make and enforce rules that are necessary to administer and enforce this chapter.

Amended by Chapter 90, 2024 General Session2024Definitions.As used in this chapter:"Addled" or "white rot" means putrid or rotten."Adherent yolk" means the yolk has settled to one side and become fastened to the shell."Albumen" means the white of an egg."Black rot" means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance."Black spot" means mold or bacteria have developed in isolated areas inside the shell."Blood ring" means bacteria have developed to such an extent that blood is formed."Candling" means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents."End consumer" means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption."Moldy" means mold spores have formed within the shell."Shell egg" means an egg in the shell as distinguished from a dried or powdered egg."Small producer" means a producer of shell eggs:having less than 3,000 layers; andwho is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs."Wholesale" means, with respect to the sale of an egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser.

Amended by Chapter 90, 2024 General Session2024Unlawful acts specified.It is unlawful for any person to sell, offer, or expose for sale for human consumption any egg:that is addled or moldy or that contains black spot, black rot, white rot, blood ring, adherent yolk, or a bloody or green albumen; orwithout a sign or label that conforms to the standards for display and grade adopted by the department.For the purpose of bulk wholesale, it is unlawful for a small producer to commingle or combine eggs from a source other than the small producer's operation.Nothing in this section prohibits the sale of a denatured egg.

Renumbered and Amended by Chapter 345, 2017 General Session2017Maintenance of candling records -- Inspection of records. A person who sells, offers, or exposes eggs for sale or exchange shall maintain candling records as prescribed by the department. All candling records shall be open for examination by accredited inspectors or representatives of the department at reasonable times.

Renumbered and Amended by Chapter 345, 2017 General Session2017Retailers exempt from prosecution -- Conditions for exemption. Subject to Subsection (2), no retailer is subject to prosecution under this chapter if the retailer can establish that: at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and the egg was labeled for sale by the retailer in accordance with the purchase invoice. The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer from prosecution if the egg covered by the guaranty deteriorated to a lower grade or standard through some action or inaction of the retailer.

Amended by Chapter 90, 2024 General Session2024Exemptions from regulation.Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department.The Department of Health and Human Services has the authority to investigate foodborne illness.The department may assist, consult, or inspect shell eggs and a small producer's operation when requested by a small producer.Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:are addled or moldy; orcontain:black spot;black rot;white rot;blood ring;adherent yolk; ora bloody or green albumen.A small producer that sells eggs wholesale shall notify the department about the small egg producer's operation, including:the operator's name;the operator's contact information;the species of egg products offered for sale; andother information required by department rule regarding notification.The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale;establish notification requirements in accordance with Subsection (6); andestablish inspection requirements for small producers that request an inspection under Subsection (3).Eggs sold by a small producer in accordance with this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.

Amended by Chapter 90, 2024 General Session2024Packaging for small producer -- Display in grocery store.A small producer shall package the small producer's eggs in clean packaging that bears a label with the following information:the common name of the food, "eggs";the quantity or number of eggs;the name and address of the small producer;the statement "Keep Refrigerated"; andthe statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly."A small producer shall label the small producer's eggs that are sold in a grocery store with a statement that the eggs:are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs; andare not from an inspected source.The requirements described in Subsection (2)(a) are in addition to the labeling requirements described in Subsection (1).A small producer may state a "pull date" or "best by" date. The "pull date" or "best by" date may be hand written on the end of the packaging or in a conspicuous location that is clearly discernible.A "pull date" or "best by" date shall first show the month then the day of the month.A recommended "pull date" or "best by" date is 30 days after production, but the date may not exceed 45 days after production.If the eggs of a small producer are ungraded and not weighed, the packaging for the eggs may not be labeled with a grade or size.Any egg produced by a small egg producer and sold in a grocery store shall be displayed separately in the grocery store from eggs not from a small producer.