3-715. Sales of nest run eggs; unlawful designations

A. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five cases of nest run eggs from the person s own production each calendar year. Retailers may sell nest run eggs to consumers only if, when on hand, offered for sale or placed on sale, they are clearly marked " nest run" . Each placard for cases, half-cases, cartons or containers of nest run eggs and all advertising, invoices and egg purchase tickets relating to nest run eggs shall likewise be clearly marked " nest run" as prescribed in this article. The total quantity of nest run eggs on hand or on sale at any time shall not exceed the total quantity of nest run eggs as shown on invoices or egg purchase tickets. Any person who sells nest run eggs shall keep an invoice or egg purchase ticket as prescribed in section 3-718.

B. A person who proposes to sell nest run eggs must first notify the department in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold.

C. It is unlawful for any person selling any portion of a daily production as graded eggs to sell any other portion as nest run eggs, except that any person may change the sales from graded to nest run by notifying the department in writing prior to such change.

D. It is unlawful for any person selling any portion of a daily production as nest run eggs to sell any other portion as graded eggs, except that any person may change the sales from nest run eggs to graded eggs by notifying the department in writing within five days from the date of change.

E. Any person selling nest run eggs as provided in this section shall notify the department in writing within five days from the date each calendar year the person s total sales of such eggs amount to twenty-five cases.

F. The department shall keep a record of all notifications made under this section.

G. It is unlawful 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 without marking the cases, half-cases, containers and subcontainers of such eggs and indicating fully by sign or placard for bulk lots the species of fowl from which such eggs were produced.

H. It is unlawful to place on open display in retail stores cases with markings or any designation of brand, size, grade or other matter that does not properly and accurately apply to the eggs placed or packed therein unless all of such markings have been removed, erased or obliterated.

I. It is unlawful to prepare, pack, place, deliver for shipment, deliver for sale, load, ship or transport or sell in cases, cartons, containers or subcontainers eggs for human consumption:

1. Unless each case, carton, container or subcontainer of chicken eggs is marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards as prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

2. Unless cases, cartons, containers or subcontainers of chicken eggs marked grade AA or grade A are marked with the correct expiration date.

3. That are mislabeled.

4. That are deceptive.

5. That are or contain inedibles.

6. That have been in an incubator, unless the inedibles have been removed and the cases have been labeled as a hatchery test.

J. The owner or person in possession of eggs that fail to meet the requirements of subsection I, paragraphs 3 and 5 of this section, when such eggs are in cold storage or are being transported from cold storage and in possession of a dealer for candling and grading, shall not be prosecuted by reason of failure of the eggs to conform to such provisions. The eggs shall be subject to section 3-730, subsections B, C and D. The owner or person in possession of eggs that are going to a licensed person for candling or grading shall not be prosecuted for failing to meet the requirements of subsection I, paragraph 5 of this section, if the eggs do not contain more than five per cent by count of inedibles.

K. It is unlawful for retailers, producers, producer-dealers and dealers to sell or expose for sale eggs that are marked grade AA or grade A after the expiration date marked on the carton, case or container expires.