Section 1358.4 - Inspection of Records, Invoices, and Premises(a) Every person required to be registered pursuant to section 27541 of the Food and Agricultural Code shall comply with this section.(b) Each egg handler shall maintain business records of egg transactions for three years, subject to audit by the Department. The records shall indicate the date, egg quality and quantity, and identity of purchaser and seller. For small quantities of restricted eggs sold by egg handlers directly to consumers under provisions of section 1356.2, or incidental sales of consumer grade eggs, the name of purchaser is not required.(c) An invoice on egg sales shall be furnished to the purchaser, stating the seller's name and address, quantity, size and grade or quality of the eggs. Exempt from this requirement are eggs which are: (1) Sold or delivered by a producer for candling and grading.(3) Sold by an egg handler from the handler's own production directly to a consumer on the premises where produced.(d) Egg handlers shall maintain records of the original plant where the eggs were first processed for not less than one year from the date of original processing.(e) To verify compliance with, and the implementation of section of Title 31350 of Title 3 of the California Code of Regulations, all records, invoices and documents for shell eggs and shell egg food products that are produced, processed, stored, sold, labeled and transported for sale and marketing in California shall be maintained for three years from the date the shell eggs and shell egg food products are packaged for transport and sale in California, and shall be subject to inspection and audit by the Department or certifying agent.(1) For purposes of this section a certifying agent includes USDA inspectors, contracted employees, and other authorized governmental representatives.(2) All records, invoices, documents and premises must be made accessible by production, handling, or transportation operations personnel for examination by the Department or certifying agent.(3) All records, invoices, documents and premises, including, but not limited to the following, shall be subject to inspection by the Department or certifying agent:(A) Records of pre-harvest or post-harvest Salmonella enteritidis (SE) testing and grade out reports of any shell eggs or egg products to be sold, labeled, or represented as California Shell Egg Food Safety Compliant, and samples for analysis.(B) Inspection of Pastures, fields, equipment, and structures where shell eggs or egg products may be produced, processed, handled, stored or transported, including the inspection of the enclosure area for egg laying hens.(C) Inspection of documentation and records pertaining to the production, processing, storage, transportation, or handling of shell eggs or shell egg products identified as California Shell Egg Food Safety Compliant.(D) Egg Handler/Producer registration number.(E) Shell egg and egg product sales records.(F) The quantity processed from each layer facility or farm unit, the size of the layer facility unit, the number of layers, and the date of harvest and production.(G) Unless the layers were hatched and raised by the egg handler/producer, the name and address of all suppliers and date of transaction.(H) Documentation of treatment to achieve at least a 5-log destruction of SE as defined in 21 CFR section 118.3 for shell eggs marketed as pasteurized.(I) Documentation of implementation of SE prevention measures in accordance with the Food and Drug Administration, Department of Health and Human Services' requirements for the production, storage, and transportation of shell eggs as specified in 21 CFR Part 118.(J) Documentation of implementation of a SE environmental monitoring program.(K) Documentation of implementation and maintenance of a vaccination program or documentation of a demonstrated equivalent SE vaccination program approved by the Department.(L) Company shipping invoices, bills of lading, and/or shipping manifest shall include a statement whether the shipment is California Shell Egg Food Safety [or abbreviation CA SEFS] Compliant or Not for California Consumption. The statement must be clearly legible handwriting or a stamp may be used.Cal. Code Regs. Tit. 3, § 1358.4
1. Amendment filed 5-31-88; operative 6-30-88 (Register 88, No. 23).
2. Amendment of subsection (a) and NOTE filed 6-14-2000; operative 7-14-2000 (Register 2000, No. 24).
3. New subsection (c) filed 10-29-2012; operative 11-28-2012 (Register 2012, No. 44).
4. Amendment of section heading, section and NOTE filed 11-9-2015; operative 1-1-2016 (Register 2015, No. 46). Note: Authority cited: Sections 407, 27531 and 27533, Food and Agricultural Code. Reference: Sections 27510, 27510.1, 27518, 27521, 27533, 27541, 27573, 27631, 27637 and 27680, Food and Agricultural Code.
1. Amendment filed 5-31-88; operative 6-30-88 (Register 88, No. 23).
2. Amendment of subsection (a) and Note filed 6-14-2000; operative 7-14-2000 (Register 2000, No. 24).
3. New subsection (c) filed 10-29-2012; operative 11-28-2012 (Register 2012, No. 44).
4. Amendment of section heading, section and Note filed 11-9-2015; operative 1/1/2016 (Register 2015, No. 46).