HAR §4-46-11. Handling and inspection of imported eggs

(a) Importers of eggs shall furnish the following information to the department at least two working days prior to the arrival of any shipment of imported eggs: (1) Arrival date of shipment; (2) Name of vessel or air carrier; (3) Voyage or flight number; (4) Shipping container identification number; and (5) Information on the eggs in the shipment including volume, size, and type of pack. (b) The department may issue permission for the removal of non- inspected imported eggs from any dock or landing upon receipt of the following information from the importer: (1) Date and time when the imported eggs are to be removed; (2) Exact location to which the imported eggs are to be transported; and (3) Exact time that the imported eggs will be available for inspection for required origin markings. (c) For each shipment of imported eggs arriving in a sealed container, the inspector shall witness the breaking of the seal unless prior permission has been obtained from the department by the importer to forego this requirement. (d) Importers of shell eggs packed in cartons and consigned to retail outlets which lack a centralized distribution facility may be granted permission to transport the eggs direct to those retail outlets without being subject to subsection (c), provided: (1) The importer submits to the department: (A) The information required under 46-10 §4-46- subsection (b); (B) An affidavit attesting that the imported eggs are properly marked and labeled as required in this chapter and chapter l47, part V, Hawaii Revised Statutes; and (C) A listing of the exact quantity of eggs delivered to each retail outlet; and (2) The eggs shall not be sold or offered for sale to consumers until an egg stamping certificate has been issued by the department verifying that the eggs are appropriately marked as required in section l47-75, Hawaii Revised Statutes, and this chapter. (e) The department may exempt imported shell eggs from inspection for required origin markings, provided: (1) The importer submits to the department: (A) The information required under subsection (b); and (B) A copy of the “Poultry Products Grading Certificate”, issued by the U. S. Department of Agriculture, Agricultural Marketing Service, showing that the imported eggs were inspected for origin marking requirements; and (2) The eggs shall not be sold or offered for sale to consumers until an egg stamping certificate has been issued by the department verifying that the eggs are appropriately marked as required in section 147-75, Hawaii Revised Statutes, and this chapter. (f) The department shall provide inspection for compliance with section l47-75, Hawaii Revised Statutes, and section 4-46-l0 during normal working hours, with adequate notice, on a time available basis. The importer shall make each lot to be inspected accessible for inspection prior to the arrival of the inspector. If the eggs are not available for inspection within fifteen minutes of the specified inspection time, the inspector shall not remain at the inspection site on a stand-by basis unless the importer agrees to pay a stand-by charge at the rate of $31.00 per hour for regular time and $46.50 per hour for overtime. (g) In order to allow for variations incident to proper origin stamp marking of imported eggs, not more than a total of ten per cent of the imported eggs in any lot may fail to meet the origin marking requirements with no individual case exceeding 20 per cent of the eggs failing to meet the origin marking requirements. [Eff 1/16/84; am and comp 3/24/86; am 5/26/92; am 10/5/02] (Auth: HRS §147-74) (Imp: HRS §§147-74 and 147-75) §4-46-l2 Penalties. Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections l47-79 and l47-80, Hawaii Revised Statutes. [Eff l/l6/84; am and comp 3/24/86] (Auth: HRS §l47-74) (Imp: HRS §§l47-74 and l47-79)