Mo. Code Regs. tit. 2 § 90-36.010
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 2 CSR 90-36.010 - [Effective until 11/30/2024] Enforcement of Missouri Egg LawsPURPOSE: The amendment to the rule is to remove unnecessary language that already referenced in the USDA grading manual.
(1) Shell eggs shall meet the standards as published in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56 (July 20, 2000 or its revision). This document is available on the internet at www.ams.usda.gov/poultry under Publications. (A) General Terms. 1. Denatured Eggs-Eggs unfit for human food may be sold or delivered to any dealer as inedible eggs, provided the shells of such eggs have been completely broken or crushed and the mixture of shell and egg meats has been denatured with any denaturing agent approved by the director of the Department of Agriculture and used in sufficient quantities to be easily detected by sight or smell.2. Loss-An egg that is inedible, cooked, frozen, contaminated, musty, or moldy, or an egg that contains a large blood spot, large meat spot, bloody white, green white, rot, sour eggs, stuck yolk, blood ring, embryo chick (at or beyond the blood ring state), free yolk in the white, or other foreign material, or an egg that is adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act.3. Leaker-An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.4. Check-An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty."(B) Basis of Grading Service (Sampling). 1. Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or any combination thereof. Grading service with respect to the determination of the quality of products shall be on the basis of the United States Standards, Grades, and Weights Classes. However, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the applicant and such service, when approved by the administrator, shall be rendered on the basis of such specifications. The supervision of packaging shall be in accordance with such instructions as may be approved or issued by the administrator.2. Whenever grading service is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of cases as indicated in the following table. A minimum of one hundred (100) eggs shall be examined per sample case. For lots which consist of less than one (1) case, a minimum of fifty (50) eggs shall be examined. If the lot consists of less than fifty (50) eggs, all eggs will be examined. Minimum Number of Cases Comprising a Representative Sample |
Cases in Lot | Cases in Sample |
1 case | 1 |
2 to 10, inclusive | 2 |
11 to 25, inclusive | 3 |
26 to 50, inclusive | 4 |
51 to 100, inclusive | 5 |
101 to 200, inclusive | 8 |
201 to 300, inclusive | 11 |
301 to 400, inclusive | 13 |
401 to 500, inclusive | 14 |
501 to 600, inclusive | 16 |
For each additional fifty (50) cases, or fraction thereof, in excess of six hundred (600) cases, one (1) additional case shall be included in the sample.
(C) Identification of Graded Eggs in Containers.1. Eggs packaged in containers by licensed dealers for supply or sale to retailers must be identified on each container with either the name and address (city and state), or approved identification number of the dealer under whose authority the eggs were packed and the day, month and year when said eggs were graded. Either a normal dating procedure or a numerical code based on the day of the year may be used. (Example: July 1, 1966, or 182-6; July 2, 1966, or 183-6).2. The identification shall be stamped or printed in bold legible type upon each container with letters no less than three-sixteenths inch (3/16") in height. The term container includes box, basket, carton, sack, bag, case, or other receptacle.(D) Identification of Graded Eggs in Bulk. All eggs in bulk, packed in cases, graded for retail sale, must be accompanied by grading certificates bearing the name and address (city and state), or approved identification number of the dealer under whose authority the eggs were packed and the date when said eggs were graded. The identification may be stamped or printed in bold, legible type with letters no less than three-sixteenths inch (3/16") in height upon a grading certificate of strong paper approximately five inches (5") long and three inches (3") wide which shall be placed under the top flat above the first layer of eggs, or said information may be stamped or printed on the outside of the egg case.(2) Advertising. All advertising including newspapers, handbills, radio and window signs shall carry the full, correct and unabbreviated designation of size and quality as provided by law. Persons selling eggs from door to door, if not entirely of their own production must have the container properly labeled as to size and quality.(3) Records. All persons licensed under the provisions of this rule shall keep on file for a period of two (2) years a true and complete record of all eggs purchased or sold with the following exceptions: no record need be kept of the name and address of the person from whom the eggs are bought when such person is the original producer of the eggs and the quantity purchased is less than thirty (30) dozen; no record need be kept of eggs sold at retail; records need not show size and quality of eggs bought from original producers or exchanged between wholesalers. With the previous exceptions, this record will show the name and address of the person, firm or corporation from whom eggs were purchased and to whom sold. Such record to show the size and quality of such eggs in each transaction after they have been graded and also the number of dozens or cases included in such transaction, and the dates thereof.(4) Stop Sale Notice. The director of the Department of Agriculture, or duly authorized agents, upon determining that the provisions of this rule, or the rules promulgated for its enforcement, are being violated may place "Stop Sale Notice" on all eggs being sold or offered for sale in violation of the provisions of this rule or the regulations thereunder and shall report the circumstances to the director of the Department of Agriculture for action. Eggs which have had "Stop Sale Notice" applied shall be recandled and regraded for size and quality within forty-eight (48) hours from the time such "Stop Sale Notice" was applied. Upon failure to bring the eggs into compliance with the rule, the director of the Department of Agriculture will take necessary steps to cause the eggs to be condemned, denatured, processed, destroyed or otherwise disposed of by court action.(5) Maximum Temperature for Eggs Held for Retail Sale. Shell eggs that are to be officially identified as U.S. Grade AA, A, or B shall be placed under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45oF) seven and two-tenths degrees Centigrade (7.2oC) promptly after packaging. Shell eggs officially identified as U.S. Grade AA, A, or B, when shipped between official plants, shall be transported at an ambient temperature no greater than forty-five degrees Fahrenheit (45oF) seven and two-tenths degrees Centigrade (7.2oC). AUTHORITY: section 196.354, RSMo 2000.* Original rule filed April 27, 1964, effective May 7, 1964. Amended: Filed April 1, 1966, effective April 11, 1966. Emergency rescission filed Dec. 10, 1981, effective Jan. 1, 1982, expired March 1, 1982. Rescinded: Filed Dec. 10, 1981, effective Jan. 1, 1982. Emergency rule filed Dec. 10, 1981, effective Jan. 1, 1982, expired March 1, 1982. Read-opted: Filed Dec. 10, 1981, effective March 11, 1982. Rescinded and readopted: Filed Nov. 4, 2002, effective May 30, 2003. Amended by Missouri Register December 17, 2018/Volume 43, Number 24, effective 1/29/2019*Original authority: 196.354, RSMo 1955, amended 1995.