PART 4. EGGS AND EGG PRODUCTS [27501. - 27690.]

Part 4 enacted by Stats. 1967, Ch. 15.

§§ 27501–27690 · 115 sections

CHAPTER 1. Eggs §§ 27501–27690 · 115 sections
1. ARTICLE 1. Definitions and General Provisions §§ 27501–27523 · 27 sections
  - § 27501 Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
  - § 27502 “Agent” includes bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee, and any other person that is acting upon the express or implied…
  - § 27503 “At retail” means a sale or transaction between a retailer and a consumer.
  - § 27503.5 “California egg” means an egg produced in this state.
  - § 27504 “Candling” means the examination of the interior of eggs by use of a transmitted light.
  - § 27505 “Cold storage eggs” means eggs which have been in cold storage for a period of more than 30 days.
  - § 27506 “Committee” means the Shell Egg Advisory Committee.
  - § 27507 “Consumer” means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other…
  - § 27508 “Container” means any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.
  - § 27509 “Deceptive” means any arrangement of the contents of any container, or subcontainer, or of any lot, load, or display, in which the eggs in the outer layer or…
  - § 27510 “Egg handler” means a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs or pasteurized in-shell eggs…
  - § 27510.1 “Producer” means a person engaged in the business of producing eggs from domesticated fowl for human consumption, who is not in the business of candling,…
  - § 27511 “Egg meats” means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or…
  - § 27512 “Egg products” means egg meats.
  - § 27513 “Eggs” means eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.
  - § 27514 “Incubated eggs” means eggs which have been in the course of incubation, whether natural or artificial.
  - § 27515 “Incubator rejects” means incubated eggs.
  - § 27516 “Marked” means plainly, legibly, and conspicuously labeled, stamped, stenciled, printed, or branded.
  - § 27517 “Mislabel” means the presence of any false, deceptive, or misleading mark, term, statement, design, device, inscription, or any other designation upon any eggs…
  - § 27518 “Retailer” means any person who sells eggs to a consumer.
  - § 27519 “Shell eggs” means any in-shell eggs other than pasteurized in-shell eggs, as defined in Section 27519.6.
  - § 27519.5 “Shipped egg” means an egg that is produced outside the State of California and shipped into the state for purposes of resale or use by a direct user.
  - § 27519.6 “Pasteurized in-shell eggs” means in-shell eggs that have been pasteurized by any method approved by the federal Food and Drug Administration or the department.
  - § 27520 “Subcontainer” means any container when being used within another container.
  - § 27521 The purposes of this chapter are as follows: (a) To assure that healthful and wholesome eggs of known quality are sold in this state. (b) To facilitate the…
  - § 27522 “Eggs that are packaged for export” means those eggs destined for conveyance to any location outside the United States or its territories.
  - § 27523 “Eggs that are packaged for interstate commerce” means those eggs destined for sale outside the state.
2. ARTICLE 2. Regulations §§ 27531–27534 · 4 sections
  - § 27531 The director may adopt regulations relating to the preparation for market and marketing of shell eggs as he or she determines are reasonably necessary to carry…
  - § 27532 The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards…
  - § 27533 Regulations adopted pursuant to this chapter relating to egg shell surveillance inspection shall be consistent with any federal standards or procedures…
  - § 27534 The director shall adopt regulations by which eggs which do not meet the size or appearance standards generally required for marketing but which are healthy…
3. ARTICLE 3. Registration of Egg Handlers §§ 27541–27542 · 2 sections
  - § 27541 Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs into California,…
  - § 27542 The certificate of registration shall not be transferable to any person, or be applicable to any location other than the location for which originally issued,…
4. ARTICLE 4. Assessment Fees §§ 27551–27555 · 5 sections
  - § 27551 The following persons shall pay to the secretary a maximum fee of fifteen cents ($0.15) for each 30 dozen eggs sold as provided below: (a) California egg…
  - § 27552 The fees provided in Section 27551 are maximum fees and shall be established at a lower rate by the secretary at any time the funds derived from the assessment…
  - § 27553 The secretary may, by regulation, prescribe the frequency of payment of assessments, the procedures for payment, the procedures for refunds of payment, and…
  - § 27554 The moneys which are received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used only…
  - § 27555 The director may assess a special fee upon egg handlers who use descriptive terms on egg containers that require laboratory analysis to verify the terms. This…
5. ARTICLE 5. Administration and Enforcement §§ 27561–27566 · 7 sections
  - § 27561 (a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter. (b) The commissioners of each county, their deputies, and…
  - § 27561.5 (a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur: (1) The applicant fails to…
  - § 27562 (a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of…
  - § 27563 Within 90 days after the end of each fiscal year, the commissioner of a county shall submit, in the form prescribed by the director, a statement to the…
  - § 27564 Each fiscal year the director shall prepare a statement which shows the receipt and expenditure for each county as well as those funds expended by the director…
  - § 27565 The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.
  - § 27566 If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement,…
6. ARTICLE 6. Shell Egg Advisory Committee §§ 27571–27574 · 5 sections
  - § 27571 (a) The secretary shall appoint a Shell Egg Advisory Committee consisting of 10 members, eight of whom shall be selected by the secretary from egg handlers and…
  - § 27571.1 It is hereby declared, as a matter of legislative determination, that egg handlers appointed to the Shell Egg Advisory Committee pursuant to this article are…
  - § 27572 The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee…
  - § 27573 The committee shall be advisory to the Secretary of Food and Agriculture on all matters pertaining to standards for shell eggs. The committee may advise on:…
  - § 27574 The committee shall meet at the call of its chairman, the director, or at the request of any three members of the committee. The committee shall meet at least…
7. ARTICLE 7. Civil Penalties and Remedies §§ 27581–27585 · 11 sections
  - § 27581 The director may bring an action to enjoin any violation or any threatened violation of this chapter or any regulations adopted pursuant to this chapter in the…
  - § 27581.1 (a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this…
  - § 27581.2 In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section…
  - § 27581.4 (a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any…
  - § 27581.9 A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is…
  - § 27582 Except as provided in Section 27601, the director shall commence any civil action based on a violation of this chapter, and the regulations adopted pursuant to…
  - § 27583 (a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and…
  - § 27583.2 If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) The person charged with the violation shall be…
  - § 27583.4 If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: (a) (1) Before an administrative penalty is levied,…
  - § 27584 If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed…
  - § 27585 After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a…
8. ARTICLE 8. Powers of Enforcing Officers §§ 27591–27600 · 10 sections
  - § 27591 Any enforcement officer may do any of the following: (a) Enter and inspect any place or conveyance within the county or district over which he has supervision,…
  - § 27592 Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all or any…
  - § 27593 A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that the eggs…
  - § 27594 (a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request of a…
  - § 27595 The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle or other…
  - § 27596 The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer at…
  - § 27597 The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the consignee at the destination…
  - § 27598 It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person or destination which is…
  - § 27599 It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of the load or lot by the enforcing…
  - § 27600 It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or for any purpose except the manner or…
9. ARTICLE 9. Abatement § 27601 · 1 section
  - § 27601 (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public…
10. ARTICLE 10. Samples § 27611 · 1 section
  - § 27611 Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in the…
11. ARTICLE 11. Shippers and Transporters § 27621 · 1 section
  - § 27621 Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the eggs are found…
12. ARTICLE 12. Unlawful Acts, General §§ 27631–27644.5 · 15 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 27644 (a) Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs…
  - § 27644.5 (a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for…
13. ARTICLE 13. Ungraded Eggs §§ 27651–27652 · 2 sections
  - § 27651 It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the…
  - § 27652 During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any…
14. ARTICLE 14. Registered Brands §§ 27661–27669 · 9 sections
  - § 27661 Every egg handler shall register with the director each brand name which is intended for use by the handler on a master container of eggs, other than a…
  - § 27662 It is unlawful for a brand registrant or his authorized agent or employees to pack eggs into a master container which does not bear the registrant’s brand, or…
  - § 27663 Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else, shall, at his or her own…
  - § 27664 Every person who operates a container exchange business for master containers of eggs shall obtain a license from the director.
  - § 27665 The director shall issue licenses to persons engaged in the container exchange business for master containers of eggs pursuant to such regulations as the…
  - § 27666 Every licensee shall file with the director the name and address of each person or firm that has contracted to use the exchange services, and shall return all…
  - § 27667 A licensee may sell containers which do not have a registered brand, and the ownership of which cannot be determined, to egg handlers. The handlers shall apply…
  - § 27668 The director may suspend or revoke any license for failure to comply with the provisions of Sections 27664, 27666, or 27667 or regulations adopted by the…
  - § 27669 It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting eggs and containers of eggs to and from farms…
15. ARTICLE 15. Criminal Punishment and Procedure §§ 27671–27690 · 15 sections
  - § 27671 (a) The following persons are guilty of a misdemeanor: (1) Any person who violates Section 27632, 27638, 27639, 27640, or 27672. (2) Any person who commits a…
  - § 27672 It is unlawful for any person to fail to appear in court at the time and place designated in any written promise to appear given after arrest pursuant to this…
  - § 27673 Unless a person who is arrested for the transportation of eggs in violation of any provision of this chapter or any regulation adopted pursuant to this chapter…
  - § 27680 If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs of…
  - § 27681 A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an…
  - § 27682 The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following: (a) The actual and…
  - § 27683 The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is…
  - § 27684 The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into…
  - § 27685 Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall file…
  - § 27686 All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.
  - § 27687 (a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first…
  - § 27688 Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no later than the 30th day…
  - § 27688.5 Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter.…
  - § 27689 The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant or…
  - § 27690 All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list shall…