CHAPTER 132. EGGS - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE A. BEES AND NONLIVESTOCK ANIMAL INDUSTRY

CHAPTER 132. EGGS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 132.001. DEFINITIONS. In this chapter:

(1) "Egg" means a chicken egg.

(2) "Person" means an individual, firm, corporation,

cooperative, or any other type of business entity.

(3) "Shipped egg" means an egg produced outside this state and

shipped into the state for purposes of resale.

(4) "Texas egg" means an egg that is produced in this state.

(5) "Inspection" means a personal examination by an enforcement

officer of the department.

Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 1, eff.

Sept. 1, 1989.

Sec. 132.002. LIMITATION OF CHAPTER. This chapter does not

apply to a person selling only eggs that are produced by the

person's own flock and for which the person does not claim a

grade.

Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.003. POWERS AND DUTIES OF DEPARTMENT. (a) The

department shall administer this chapter and adopt and enforce

necessary rules.

(b) The department may:

(1) prescribe record forms and require the reporting of

information as necessary in the administration of this chapter;

and

(2) make reciprocal agreements with other states for the

inspection of locations outside of the state at which eggs are

classed, graded, and weighed.

Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.01, eff.

Sept. 1, 1995.

Sec. 132.004. ADOPTION OF STANDARDS. Standards for the

inspection and regulation of shell eggs, including quality,

grade, and size of shell eggs, shall:

(1) be at least equal to those adopted by the United States

Department of Agriculture and the federal Food and Drug

Administration; and

(2) require that, after initial packing, shell eggs be stored at

a temperature of 45 degrees Fahrenheit or less, provided,

however, that any different temperature standard adopted by the

United States Department of Agriculture and the federal Food and

Drug Administration shall prevail.

Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.02, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 559, Sec. 1, eff. Sept.

1, 1997.

Sec. 132.005. SAMPLES. (a) The department shall prescribe

methods of selecting samples of lots or containers of eggs. The

methods must be:

(1) reasonably calculated to ensure a fair representation of the

entire lot or container sampled; and

(2) similar to methods prescribed for sampling by the United

States Department of Agriculture.

(b) The department may enter during ordinary business hours a

retail place of business where eggs are offered for sale to the

ultimate consumer or a distribution center where eggs are held

after being received from a packing plant and take for inspection

representative samples of eggs and containers to determine if

this chapter has been violated.

(c) The department shall compensate a place of business located

in this state for the actual cost of eggs taken as samples under

Subsection (b) of this section.

(d) A sample of eggs taken under this section or an official

certificate of grade is prima facie evidence in the courts of

this state of the condition of the entire lot from which the

sample is taken.

Acts 1981, 67th Leg., p. 1314, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 2, eff.

Sept. 1, 1989.

Sec. 132.006. OUT-OF-STATE INSPECTION OF RECORDS AND EXPENSES.

(a) If the grade determination and size determination required

by Section 132.041 of this code is performed at a location

outside of this state, the records relating to eggs of a Texas

licensee at that location are subject to inspection by the

department as the department considers necessary.

(b) A licensee whose out-of-state location is inspected shall

reimburse the department for actual and necessary expenses

incurred during the inspection. If a licensee fails to pay those

expenses before the 11th day following the day on which the

licensee receives an invoice from the department, the department

may:

(1) automatically cancel the person's license; or

(2) deny a license to any person who is connected with a person

whose license is canceled because of a violation of this section.

(c) The actual and necessary expenses of the department for each

inspection of an out-of-state location may not exceed:

(1) the actual and necessary expenses for food, lodging, and

local transportation of the inspector; and

(2) the cost of the least expensive available space round trip

air fare from Austin to the location to be inspected.

(d) The department shall schedule as many inspections as

feasible within an area on each inspection trip. If more than one

licensee is inspected in an area during an inspection trip, the

expenses of the trip shall be divided equitably among the

licensees inspected.

(e) The department shall perform sufficient inspections of the

records of out-of-state licensees to ensure that out-of-state

licensees selling eggs in Texas pay inspection fees equal to the

percentage of out-of-state eggs sold in Texas. The department may

contract with the comptroller of public accounts to perform such

inspections.

Acts 1981, 67th Leg., p. 1315, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 915, ch. 216, Sec. 1,

Sept. 1, 1983; Acts 1989, 71st Leg., ch. 1073, Sec. 3, eff. Sept.

1, 1989; Acts 1993, 73rd Leg., ch. 235, Sec. 1, eff. Sept. 1,

1993.

Sec. 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE

AGENCY. (a) The department shall initiate negotiations for and

enter into a memorandum of understanding with the Texas

Department of Health to coordinate regulatory programs and

eliminate conflicting regulatory requirements and inspection

standards.

(b) The department shall enter into an agreement as required by

Subsection (a) with the Texas Department of Health regarding the

regulation of eggs.

(c) The department and the Texas Department of Health may enter

into memoranda of understanding in areas other than those under

Subsections (a) and (b).

(d) A memorandum of understanding between the department and the

Texas Department of Health must be adopted by the commissioner

and the governing body of the Texas Department of Health.

(e) After a memorandum of understanding is adopted, the

department shall publish the memorandum of understanding in the

Texas Register.

Added by Acts 1995, 74th Leg., ch. 419, Sec. 7.03, eff. Sept. 1,

1995.

SUBCHAPTER B. LICENSING

Sec. 132.021. LICENSE REQUIRED. (a) A person may not buy or

sell eggs in this state for the purpose of resale without first

obtaining a license from the department.

(b) This section does not apply to:

(1) a hatchery buying eggs exclusively for hatching purposes;

(2) a hotel, restaurant, or other public eating place where all

eggs purchased are served by the establishment;

(3) a food manufacturer purchasing eggs for use only in the

manufacture of food products, except for a person who operates a

plant for the purpose of breaking eggs for freezing, drying, or

commercial food manufacturing;

(4) an agent employed and paid a salary by a person licensed

under this chapter; or

(5) a retailer selling eggs to the ultimate consumer of the

eggs.

Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 7.04, eff.

Sept. 1, 1995.

Sec. 132.022. LICENSE CATEGORIES. (a) A person who is required

by Section 132.021 of this code to be licensed shall apply to the

department for licensing in the category described by this

section that is appropriate to the actions of the person.

(b) A person shall apply for licensing as a broker if the person

never assumes ownership or possession of eggs but acts as an

agent for a fee or commission in the sale or transfer of eggs

between a producer or dealer-wholesaler as seller and a

dealer-wholesaler, processor, or retailer as buyer.

(c) A person shall apply for licensing as a dealer-wholesaler if

the person:

(1) buys eggs from a producer or other person and sells or

transfers the eggs to a dealer-wholesaler, processor, retailer,

consumer, or other person; or

(2) produces eggs from the dealer-wholesaler's own flock and

disposes of the production on a fully graded basis.

(d) A person shall apply for licensing as a processor if the

person operates a plant for the purpose of breaking eggs for

freezing, drying, or commercial food manufacturing.

(e) Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(16),

eff. Sept. 1, 1995.

Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(16),

eff. Sept. 1, 1995.

Sec. 132.023. RESIDENT AGENT FOR SERVICE. Before receiving a

license required by this chapter, an applicant whose home office

or principal place of business is outside this state shall file

with the department the name of an agent in this state for

service of process in actions by the state or the department in

the enforcement of this chapter.

Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.024. LICENSE TERM. A license issued or renewed under

this chapter is valid for one year.

Acts 1981, 67th Leg., p. 1316, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Amended by:

Acts 2005, 79th Leg., Ch.

44, Sec. 4, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 6.08, eff. September 1, 2009.

Sec. 132.025. TIME FOR PAYMENT OF LICENSE FEE. (a) An

applicant for an initial license shall pay the license fee prior

to the issuance of the license.

(b) An applicant for the renewal of a license must pay the

license fee during the last month of the license year. A person

who fails to apply for a renewal license on or before the

expiration date must pay, in addition to the renewal fee, the

late fee provided by Section 12.024 of this code.

Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 127, eff.

Sept. 1, 1989.

Sec. 132.026. FEE FOR DEALER-WHOLESALER LICENSE. (a) The

license fee for each plant operated by a dealer-wholesaler is

provided by department rule.

(b) The fee for an initial dealer-wholesaler's license shall be

adjusted when records of the applicant's first license year are

available.

(c) Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(17),

eff. Sept. 1, 1995.

Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 4285, ch. 682, Sec. 8,

eff. Sept. 1, 1983; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.

9.09, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec.

2.53, 10.09(17), eff. Sept. 1, 1995.

Sec. 132.027. FEE FOR PROCESSOR'S LICENSE. (a) The license fee

for each plant operated by a processor is provided by department

rule.

(b) The fee for an initial processor's license shall be adjusted

when records of the applicant's first license year are available.

(c) Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(18),

eff. Sept. 1, 1995.

Acts 1981, 67th Leg., p. 1317, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, Sec. 9,

eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 419, Sec. 2.54,

10.09(18), eff. Sept. 1, 1995.

Sec. 132.028. FEE FOR BROKER'S LICENSE. The department shall

charge a license fee, as provided by department rule, for a

broker.

Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, Sec. 10,

eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 419, Sec. 2.55,

eff. Sept. 1, 1995.

SUBCHAPTER C. GRADE DETERMINATION, SIZE DETERMINATION, AND

LABELING

Sec. 132.041. GRADE DETERMINATION AND SIZE DETERMINATION. (a)

Grades and sizes established for eggs sold in this state must be

established by candling and weighing by a person licensed under

this chapter.

(b) The candling and weighing must be made at:

(1) the licensee's place of business within this state; or

(2) a designated location outside the state.

Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 1073, Sec. 4, eff.

Sept. 1, 1989.

Sec. 132.042. GRADING AND CLASSIFICATION REQUIRED. Eggs offered

for sale shall be:

(1) classified as Texas eggs or shipped eggs, as applicable; and

(2) graded and weighed according to:

(A) consumer grade and weight classes, if the eggs are offered

for sale to consumers; or

(B) wholesale grade and weight classes, if the eggs are offered

for sale at wholesale.

Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.043. INSPECTION FEES. (a) A person licensed under

this chapter who first establishes the grade, size, and

classification of eggs offered for sale or sold in this state

shall collect a fee, as provided by department rule.

(b) A processor licensed under this chapter shall pay an

inspection fee, as provided by department rule, on the

processor's first use or change in form of the eggs processed.

(c) Licensees required by this section to collect or pay a

special fee shall remit the fee monthly in accordance with rules

established by the department.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.11, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.56, eff.

Sept. 1, 1995.

Sec. 132.044. LABELING REQUIREMENTS FOR EGG CONTAINERS. (a) A

container in which eggs for human consumption are offered for

retail or wholesale must be legibly labeled with a statement

showing:

(1) the size and grade of the eggs in the container;

(2) the address, including the city and state, and the license

number of the person who graded and sized the eggs; and

(3) if the eggs were sized and graded at an address other than

that provided under Subdivision (2) of this subsection:

(A) the address at which the eggs were sized and graded; or

(B) a department approved code.

(b) Statements on the egg container must be in accordance with

the rules of the department.

(c) A container required to be labeled under Subsection (a) of

this section may not be deceptively labeled, advertised, or

invoiced.

(d) If the department determines that an emergency exists that

prevents or hinders labeling as provided by this section, the

department may allow eggs to be labeled in another manner that

includes the address and license number of a licensee and the

size and grade of the eggs.

(e) The department may provide for the repacking, downgrading,

or both repacking and downgrading of eggs by a retailer.

Acts 1981, 67th Leg., p. 1318, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 915, ch. 216, Sec. 2,

3, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 235, Sec. 2,

eff. Sept. 1, 1993.

Sec. 132.045. SANITATION REQUIRED. (a) Eggs shall be handled

under reasonably sanitary conditions in compliance with the rules

of the department.

(b) After being received from the producer, shell eggs intended

for human consumption shall be handled in a manner that prevents

undue deterioration.

(c) Eggs in the possession of a person engaged in the sale of

eggs are presumed to be intended for human consumption unless the

eggs are:

(1) denatured; or

(2) labeled in accordance with a specific intended use other

than human consumption.

Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.046. SPECIAL REQUIREMENTS FOR SHIPPED EGGS. Shipped

eggs coming into Texas in cartons ready for retail sale must be

at least Grade A, as established by a Texas licensee. Shipped

eggs coming into Texas loosed packed must be inspected and graded

by a Texas licensee at the licensee's place of business in Texas

before being sold at retail. All shipped eggs must be transported

under refrigeration in compliance with the rules of the

department.

Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.047. UNCARTONED EGGS. (a) Eggs offered for sale that

are not in a carton must be in a container that:

(1) contains all information required by Section 132.044 of this

code; and

(2) displays the information in legible letters at least one

inch high on a sign attached to the container.

(b) This section does not apply to a retailer's sale of ungraded

eggs if the eggs are clearly labeled as being ungraded and the

retailer sells less than 120 dozen eggs a week.

Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. RECORDS

Sec. 132.061. RECORDS. (a) A licensed dealer-wholesaler or

processor shall keep on file for two years a complete record of

all eggs bought and sold, including:

(1) the name and address of the person from whom eggs were

purchased or to whom eggs were sold;

(2) the number of cases or dozens of eggs sold in each

transaction; and

(3) the date of each transaction.

(b) If a person required to keep records by this section is also

a retailer and has purchased eggs in less than case lots, the

person need not keep records indicating to whom eggs purchased

from a particular dealer-wholesaler are sold.

(c) A person required to keep records under this section shall

make the records available for inspection by the department at

all reasonable times.

Acts 1981, 67th Leg., p. 1319, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.062. INVOICE. A licensed dealer-wholesaler or

processor shall:

(1) deliver with each transaction, sale, or delivery a signed

invoice stating the date, quantity, grade, and size of eggs sold;

and

(2) keep a copy of the invoice for two years.

Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER E. ENFORCEMENT

Sec. 132.071. STOP-SALE ORDER. (a) If the department

determines that eggs are not in compliance with this chapter, the

department shall issue and enforce an order to stop the sale of

the eggs.

(b) A person may not sell eggs to which a stop-sale order

applies until the department determines that the eggs are in

compliance with this chapter.

(c) A person to whom a stop-sale order is issued may submit the

eggs for reinspection to an authorized United States Department

of Agriculture inspector. If on reinspection the eggs fail to

meet the specifications of the grades with which they are

labeled, the seller must re-mark or re-package the eggs to meet

the specifications for their actual grades before selling the

eggs.

Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.0715. CIVIL PENALTY; INJUNCTION. (a) A person who

violates this chapter or a rule adopted under this chapter is

liable to the state for a civil penalty not to exceed $500 for

each violation. Each day a violation continues may be considered

a separate violation for purposes of a civil penalty assessment.

(b) On request of the department, the attorney general or the

county attorney or district attorney of the county in which the

violation is alleged to have occurred shall file suit to collect

the penalty in a legal action on behalf of the state.

(c) A civil penalty collected under this section shall be

deposited in the state treasury to the credit of the General

Revenue Fund. All civil penalties recovered in suits first

instituted by a local government or governments under this

section shall be equally divided between the State of Texas and

the local government or governments with 50 percent of the

recovery to be paid to the General Revenue Fund and the other 50

percent equally to the local government or governments first

instituting the suit.

(d) The department is entitled to appropriate injunctive relief

to prevent or abate a violation of this chapter or a rule adopted

under this chapter. On request of the department, the attorney

general or the county or district attorney of the county in which

the alleged violation is threatened or is occurring shall file

suit for the injunctive relief. Venue is in the county in which

the alleged violation is threatened or is occurring.

Added by Acts 1989, 71st Leg., ch. 230, Sec. 128, eff. Sept. 1,

1989.

Sec. 132.072. REVOCATION, MODIFICATION, OR SUSPENSION OF

LICENSE. (a) The department shall revoke, modify, or suspend a

license, assess an administrative penalty, place on probation a

person whose license has been suspended, or reprimand a licensee

for a violation of this chapter or a rule adopted by the

department under this chapter.

(b) If a license suspension is probated, the department may

require the person to:

(1) report regularly to the department on matters that are the

basis of the probation;

(2) limit practice to the areas prescribed by the department; or

(3) continue or renew professional education until the person

attains a degree of skill satisfactory to the department in those

areas that are the basis of the probation.

(c) If the department proposes to revoke, modify, or suspend a

person's license, the person is entitled to a hearing conducted

under Section 12.032. The decision of the department is

appealable in the same manner as provided for contested cases

under Chapter 2001, Government Code.

Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 129, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.27, eff.

Sept. 1, 1995.

SUBCHAPTER F. PENALTIES

Sec. 132.081. GENERAL PENALTY. (a) A person commits an offense

if the person violates a provision of this chapter.

(b) An offense under this chapter is a misdemeanor punishable by

a fine of not less than $50 nor more than $1,000.

Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.082. SELLING INEDIBLE EGGS. (a) A person commits an

offense if the person sells, in bulk or in containers, eggs that

are not denatured and are inedible for any reason, including eggs

that are:

(1) leakers;

(2) affected by black, white, or mixed rot;

(3) addled;

(4) incubated; or

(5) contaminated by a blood ring or an embryo chick at or beyond

the blood-ring stage.

(b) It is an exception to the application of this section that:

(1) the inedible eggs do not exceed five percent by count of the

eggs sold; and

(2) the eggs are sold to:

(A) a dealer for candling and grading; or

(B) a breaking plant for breaking purposes.

(c) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $1,000.

Acts 1981, 67th Leg., p. 1320, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.083. IMPROPER USE OF THE PREFIX "U.S." (a) A person

commits an offense if the person uses the prefix "U.S." on grades

and weight classes of shell eggs that are not graded under

official United States Department of Agriculture supervision.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $1,000.

Acts 1981, 67th Leg., p. 1321, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 132.084. MISLEADING ADVERTISING. (a) A person commits an

offense if the person:

(1) advertises or sells shell eggs below the quality of Grade A

by describing the eggs as "fresh," "yard," "selected," "hennery,"

"new-laid," "infertile," "cage," or with words that have similar

meaning; or

(2) advertises eggs by price without also indicating the full,

correct, and unabbreviated designation of size and grade of the

eggs.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 nor more than $1,000.

Acts 1981, 67th Leg., p. 1321, ch. 388, Sec. 1, eff. Sept. 1,

1981.