Arizona Administrative Code
Title 3 - AGRICULTURE
Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION
Article 9 - EGG AND EGG PRODUCTS CONTROL
Section R3-2-906 - Violations and Penalties

Universal Citation: AZ Admin Code R 3-2-906

Current through Register Vol. 30, No. 38, September 20, 2024

A. A dealer, producer-dealer, manufacturer, producer, or retailer, at each individual location, is subject to the penalties in subsection (B) for any of the following violations:

1. Category A:
a. Making a false or misleading statement relating to advertising or selling eggs and egg products;

b. Acting as a dealer, producer-dealer, producer, or manufacturer without a valid license;

c. Selling shell eggs with an incorrect or incomplete expiration date, or without an expiration date;

d. Selling grade AA or grade A eggs after the expiration date on the carton, case, or container. Selling pasteurized in-shell eggs without or past the "Best By" or "Use by" date;

e. Failing to maintain records and reports required by this Article;

f. Failing to label a carton, case, or container with one size, one grade, one brand name, or, as required under R3-2-907;

g. Moving eggs or an egg case, carton, or container with a warning tag or notice, or removing a warning tag or notice without permission from the Director;

h. Refusing to submit egg or egg product, an egg case, carton, container, subcontainer, lot, load, or display of eggs to inspection; or

i. Refusing to stop, at the request of an authorized representative of the Department, any vehicle transporting eggs or egg products;

j. Selling eggs that have not been produced in accordance with the standards prescribed under R3-2-907;

k. Failing to raise egg-laying hens in this state in accordance with the standards prescribed under R3-2-907.

2. Category B:
a. Extending the expiration date of shell eggs as defined in A.R.S. § 3-701(13); or

b. Advertising, representing, or selling out-of-state eggs as local eggs.

3. Category C:
a. Failing to ensure that shell eggs for human consumption are kept refrigerated at an ambient temperature not higher than 45° F;

b. Failing to ensure that frozen egg products for human consumption, labeled for storage at 0° F or below, are kept under refrigeration at a temperature of 0° F or lower;

c. Failing to ensure that liquid egg products for human consumption are kept refrigerated at a temperature not higher than 40° F; or

d. Failing to meet the sanitary standards egg processing of R3-2-908.

B. Any violation of this Article or of A.R.S. Title 3, Chapter 5, Article 1 not listed in subsection (A) is subject to a Category A civil penalty.

C. Under A.R.S. § 3-739, the civil penalty for a violation of subsection (A) is in Table III.

Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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