Current through Register Vol. 49, No. 2, February 2024
Refer to the following sections of the Arkansas Egg Marketing
Act:
20-58-202. Definitions.
AConsumer@ This shall also include places not specifically named, such as
bakeries and rest homes.
20-58-203.
Applicability. Retailers shall be required to produce an invoice showing origin
of eggs.
All other sections of this Act and Regulation are to be met by
all retailers of eggs.
20-58-208. Display of grade and size
required.
(A) Grade and size of eggs must be
identified in ad's, papers, circular's and point-of-sale materials.
(B) Packers, jobbers and dealer-wholesalers
shall have the responsibility of informing restaurants, hotels and other eating
establishments of this. Packers, jobbers and dealer-wholesalers shall be in
violation if they sell to restaurants, hotels and other eating establishments
who are not complying with this requirement if eggs sold by the packers,
jobbers and dealer-wholesalers are below "A" quality.
20-58-210 Refrigeration of eggs - Temperature
and labeling requirements.
(A) Shell eggs
packed into containers for the purpose of resale to the consumer must be stored
immediately following packing at an ambient temperature of forty five (45)
degrees Fahrenheit (7.2 degrees Celsius) or below and maintain this temperature
until such eggs reach the consumer. This provision includes any person, firm or
corporation transporting or selling eggs to the consumer.
(B) All containers of shell eggs packed for
the purpose of resale to the consumer are to be labeled with the following
statement "Keep refrigerated at or below 45 degrees Fahrenheit". This should be
done at time of grading.
(C)
Refrigeration is defined as Aan operable refrigeration unit which will maintain
45EF or below@. Containers for storage of eggs refrigerated by means of ice,
dry ice, or other non-powered refrigerated container will not be
acceptable.
20-58-212.
Retail sales. Each container of eggs offered for sale at retail shall bear on
the exterior of the container one of the following acceptable methods:
1. USDA plant number assigned by USDA, AMS
while plant is under contract for official grading service.
2. Arkansas State permit number as assigned
by the Arkansas Livestock and Poultry Commission with "ARK"
preceding number. Example: ARK100.
3. Packer name with complete address of the
location where eggs were packed.
4.
USDA shell egg surveillance registrant number including state code and handler
code.
Example: 05 0267 NOTE: The shell egg surveillance
registrant number contains a state code, county code and handler code. Do not
include the county code, only state and handler number.
5. Any one method from those listed above may
be used or a combination of more than one. The identification must be applied
to each individual carton and if loose pack each individual case must be
identified.
20-58-215.
Inspection fees. Packers shall be required to report and pay inspection fees on
reported volume on a monthly basis. This shall be paid not later than the 15th
of the following month. If a report is not received by the due date, a letter
will be sent to the packer reminding them of the past due report. If the packer
does not report within 10 days from date of the past due notice, the packer's
permit will be canceled and all eggs found will be put off sale.
Report forms shall be supplied by the Arkansas Livestock and
Poultry Commission. It shall be the responsibility of the packer to request
these forms as they are needed. Jobbers and dealer-wholesalers shall be
required to furnish evidence of origin by invoice on eggs which they
handle.
For the purpose of financing the administration and enforcement
of this Act, the state of Arkansas, through the Arkansas Livestock and Poultry
Commission, shall collect an inspection fee from the processor, packer, and/or
dealer-wholesaler to include an annual permit fee in the amount of $60.00 to be
due at time of renewal (July 1) of permit each year.
(A) A fee of six cents (6¢) per case for
all graded or processed shell eggs and/or egg products sold in the state of
Arkansas, if the sale is to the consumer and/or if the purchase by the buyer is
for the purpose of resale at retail and/or if by dealer-wholesaler for the
purpose of resale.
(B) Breaker
plants: A fee of one-half cent (1/2¢) per case on eggs graded and/or
processed in Arkansas. An additional five and one-half cents (5 1/2¢) for
a total of six cents (6¢) per case on eggs graded and/or processed sold in
the state of Arkansas directly to the consumer and/or if the purchase by the
buyer is for the purpose of resale at retail or to be used in food items sold
at retail in Arkansas and/or under an Arkansas permit.
(C) All egg products plants from outside the
state of Arkansas will be responsible for the fees due on all egg products
entering the state of Arkansas. Additionally, at the discretion of the
Commission, a dealer-wholesaler selling egg products in the state of Arkansas
could be held liable for fees due in lieu of the egg products plants.
Thirty-six (36) pounds of frozen (and/or liquid) eggs shall
represent a thirty (30) dozen case of shell eggs.
Nine (9) pounds of dried eggs shall represent thirty (30) dozen
case of shell eggs.
Two (2) twenty (20) to twenty-five (25) pound containers of
boiled eggs shall represent a thirty (30) dozen case of shell eggs.
Fifty (50) pounds of cooked (diced) eggs shall represent a thirty
(30) dozen case of shell eggs.
20-58-16. Audits. Underpayment or overpayment
found during audits are to be reported on the next monthly egg inspection
report to the Commission.
