R3-2-906. Violations and Penalties

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.