SECTIONS 27631-27644 - California Statutes

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.