Chief Sponsor: Rex P. Shipp

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill modifies provisions relating to the sale of eggs by small producers.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines the term "wholesale";
13          ▸     removes a requirement that small producers only sell to an end consumer;
14          ▸     authorizes rulemaking for the Department of Agriculture and Food relating to small
15     producers that sell eggs wholesale, including rulemaking to:
16               •     collect information on small producers that sell eggs wholesale; and
17               •     conduct an inspection of small producers at the small producer's request;
18          ▸     establishes requirements for labeling and display of eggs from small producers at a
19     grocery store; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          4-4-103, as last amended by Laws of Utah 2023, Chapter 528

28          4-4-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
29          4-4-107, as last amended by Laws of Utah 2023, Chapter 481
30          4-4-108, as enacted by Laws of Utah 2019, Chapter 138

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 4-4-103 is amended to read:
34          4-4-103. Definitions.
35          As used in this chapter:
36          (1) "Addled" or "white rot" means putrid or rotten.
37          (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
38     shell.
39          (3) "Albumen" means the white of an egg.
40          (4) "Black rot" means the egg has deteriorated to such an extent that the whole interior
41     presents a blackened appearance.
42          (5) "Black spot" means mold or bacteria have developed in isolated areas inside the
43     shell.
44          (6) "Blood ring" means bacteria have developed to such an extent that blood is formed.
45          (7) "Candling" means the act of determining the condition of an egg by holding it
46     before a strong light in such a way that the light shines through the egg and reveals the egg's
47     contents.
48          (8) "End consumer" means a household consumer, restaurant, institution, or any other
49     person who has purchased or received shell eggs for consumption.
50          (9) "Moldy" means mold spores have formed within the shell.
51          (10) "Shell egg" means an egg in the shell as distinguished from a dried or powdered
52     egg.
53          (11) "Small producer" means a producer of shell eggs:
54          (a) having less than 3,000 layers; and
55          [(b) selling only to an end consumer; and]
56          [(c)] (b) who is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
57     Transportation of Shell Eggs.
58          (12) "Wholesale" means, with respect to the sale of an egg by an egg producer, the

59     transfer for sale or sale of an egg to a person other than the end consumer, including a retailer
60     or an industrial or business purchaser.
61          Section 2. Section 4-4-104 is amended to read:
62          4-4-104. Unlawful acts specified.
63          (1) It is unlawful for any person to sell, offer, or expose for sale for human
64     consumption any egg:
65          (a) that is addled or moldy or that contains black spot, black rot, white rot, blood ring,
66     adherent yolk, or a bloody or green albumen; or
67          (b) without a sign or label that conforms to the standards for display and grade adopted
68     by the department.
69          (2) For the purpose of bulk wholesale, it is unlawful for a small producer to commingle
70     or combine eggs from a source other than the small producer's operation.
71          [(2)] (3) Nothing in this section prohibits the sale of a denatured egg.
72          Section 3. Section 4-4-107 is amended to read:
73          4-4-107. Exemptions from regulation.
74          (1) Except as provided in this section, a small producer and the shell eggs produced by
75     a small producer are exempt from regulation by the department.
76          (2) The Department of Health and Human Services has the authority to investigate
77     foodborne illness.
78          (3) The department may assist, consult, or inspect shell eggs and a small producer's
79     operation when requested by a small producer.
80          (4) Nothing in this section affects the authority of the Department of Health and
81     Human Services or the department to certify, license, regulate, or inspect food or food products
82     that are not exempt from certification, licensing regulation, or inspection under this section.
83          (5) The Department of Health and Human Services, or a local health department, may
84     not prevent the sale of shell eggs from a small producer to an end consumer unless the
85     Department of Health and Human Services, or the county health department, establishes that
86     the shell eggs:
87          (a) are addled or moldy; or
88          (b) contain:
89          (i) black spot;

90          (ii) black rot;
91          (iii) white rot;
92          (iv) blood ring;
93          (v) adherent yolk; or
94          (vi) a bloody or green albumen.
95          (6) A small producer that sells eggs wholesale shall notify the department about the
96     small egg producer's operation, including:
97          (a) the operator's name;
98          (b) the operator's contact information;
99          (c) the species of egg products offered for sale; and
100          (d) other information required by department rule.
101          [(6)] (7) The department may make rules, in accordance with Title 63G, Chapter 3,
102     Utah Administrative Rulemaking Act, to:
103          (a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter
104     that are sold by a small producer to a restaurant or wholesale[.];
105          (b) establish notification requirements in accordance with Subsection (6); and
106          (c) establish inspection requirements for small producers that request an inspection
107     under Subsection (3).
108          [(7)] (8) Eggs sold by a small producer [pursuant to] in accordance with this chapter
109     are exempt from the restricted egg tolerances for United States Consumer Grade B as specified
110     in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et
111     seq., administered by the Agricultural Marketing Service of United States Agriculture
112     Department.
113          Section 4. Section 4-4-108 is amended to read:
114          4-4-108. Packaging for small producer.
115          (1) A small producer shall package the small producer's eggs in clean packaging that
116     bears a label with the following information:
117          (a) the common name of the food, "eggs";
118          (b) the quantity or number of eggs;
119          (c) the name and address of the small producer;
120          (d) the statement "Keep Refrigerated"; and

121          (e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from
122     bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing
123     eggs thoroughly."
124          (2) (a) A small producer shall label the small producer's eggs that are sold in a grocery
125     store with a statement that the eggs:
126          (i) are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
127     Transportation of Shell Eggs; and
128          (ii) are not from an inspected source.
129          (b) The requirements described in Subsection (2)(a) are in addition to the labeling
130     requirements described in Subsection (1).
131          [(2)] (3) (a) A small producer may state a "pull date" or "best by" date.
132          (b) The "pull date" or "best by" date may be hand written on the end of the packaging
133     or in a conspicuous location that is clearly discernible.
134          (c) A "pull date" or "best by" date shall first show the month then the day of the month.
135          (d) A recommended "pull date" or "best by" date is 30 days after production, but the
136     date may not exceed 45 days after production.
137          [(3)] (4) If the eggs of a small producer are ungraded and not weighed, the packaging
138     for the eggs may not be labeled with a grade or size.
139          (5) Any egg produced by a small egg producer and sold in a grocery store shall be
140     displayed in a separate area in the grocery store from eggs not from a small producer.
141          Section 5. Effective date.
142          This bill takes effect on May 1, 2024.