Repackaging of Eggs at Retail Level

PURPOSE: This rule establishes requirements for repackaging of shell eggs at the retail level. (1) It shall be unlawful for any handler or retailer to pack eggs into consumer-size containers other than during the original candling and grading operations except under the following stipulations: (A) The retail location offering the eggs for sale shall make a written request and obtain written permission from the Department of Agriculture to repackage eggs. The request must include the name and location of the store. If there are multiple store locations, only one (1) letter will be required with all store locations listed in the letter; (B) A retailer shall only repackage clean and sound shell eggs which originate from properly labeled consumer-size containers that have been damaged or their contents damaged. These eggs shall be placed in new, clean containers that are properly labeled. Eggs or the original egg cartons must not be washed or cleaned in any way for use because of the many possibilities of bacterial introduction. All original egg cartons must be destroyed immediately upon removal of eggs. The repacked eggs shall meet USDA standards for consumer Grade B eggs. Eggs in the repacked consumer-size container shall be no less than medium in size; (C) The consumer-size egg container which contains eggs that have been repacked shall be labeled with a statement declaring that the eggs in such containers were repacked by the retail store offering such eggs for sale, name of the retail store, its location and the oldest candling date which appeared on the consumer-size egg container or containers from which the repacked eggs originated. The candling date may be handwritten or stamped in ink. The repackaged egg container shall also be labeled “Grade B Medium” and contain a statement indicating that some of the eggs may be larger than indicated on the carton; (D) The labeling on the consumer-size container used for the repackaged eggs shall meet the type and lettering size requirements as required on the original consumer-size containers. The additional labeling information required on repacked egg containers shall be in bold face type with lettering no less than one-eighth inch (1/8") in height; (E) Once eggs have been repacked they are the responsibility of the retailer who must accept loss if eggs are classified as stop sale. Eggs under an official stop sale by the Department of Agriculture must be sent back to the dealer for regrading regardless of who is responsible for the eggs. Retailers are not grading stations. Only licensed dealers have the authority to grade and pack shell eggs; and (F) The Department of Agriculture shall grant permission to repackage eggs at the retail level when a written request is made by a retailer. This request will be automatically renewed on an annual basis providing the retailer has not violated any segment of the repackaging rules. A retailer violating the repackaging rules shall be subject to penalties, as provided by section 196.361, RSMo 1986 of the Missouri Egg Law, and upon having two (2) or more violations of 2 CSR 90-36.020 during any twelve (12)-month period the retailer's permission to repack eggs shall be revoked for a period not to exceed ninety (90) days. Once a retailer's permission to repackage eggs has been revoked twice, the retailer will be subject to permanent suspension of permission to repackage eggs, at the discretion of the Department of Agriculture. A retailer who has received written permission from the Department of Agriculture to repackage eggs shall post such license in a conspicuous location in the place of business to which it applies. AUTHORITY: section 196.354, RSMo 1986.* Original rule filed April 12, 1985, effective June 27, 1985. *Original authority: 196.354, RSMo 1955, amended 1995.