USA Statutes : arizona
Title : Agriculture
Chapter : REGULATION OF EGGS AND EGG PRODUCTS
3-701 Definitions
In this article, unless the context otherwise requires:
1. "Agent" includes a bailee, broker, commission merchant, factor, auctioneer,
solicitor, consignee and any other person acting upon the express or implied authority of
another person.
2. "Associate director" means the associate director of the division.
3. "Carton" means egg cartons as used in commercial practice in the United States.
4. "Case" means standard thirty-dozen egg cases as used in commercial practice in
the United States.
5. "Consumer" means a person who buys eggs for use as food and not for resale in
any form.
6. "Container" means any box, one-half case, basket, flat or other receptacle,
excluding a carton as defined in paragraph 3 and excluding a case as defined in paragraph
4.
7. "Dealer" means any person who contracts or obtains from the producer, or any
producer-dealer, dealer or manufacturer, possession or control of any eggs or egg
products for the purpose of candling, grading, selling, peddling, distributing, dealing
in or trading in eggs or egg products for resale to an egg dealer within this state,
producer-dealer, manufacturer, retailer or consumer for human consumption within this
state.
8. "Deceptive" means any arrangement of the contents of any case, container,
subcontainer, lot, load or display in which the eggs in the outer layer or in any portion
exposed to view are in grade, size, condition or any other respect so superior to those
in the interior or unexposed portion as to materially misrepresent the contents or any
part of the contents as to size, grade, condition or any other respects.
9. "Division" means the animal services division of the ARIZONA department of
agriculture.
10. "Expiration date" means the words "sell by" or "buy thru" followed by a date,
including the month and day, that is not more than twenty-four days after the eggs were
candled and that includes the date the eggs were candled.
11. "Grade" means classified as to quality and applies to a dozen, case, lot or load
of eggs.
12. "Half case" means a fifteen-dozen container or one-half standard thirty-dozen
egg case as used in commercial practice in the United States.
13. "Inspector" means an egg inspector appointed or assigned pursuant to section
3-709.
14. "Manufacturer" means a person engaged in the business of operating or
controlling the operation of one or more breaking plants producing liquid eggs, dried
eggs, frozen eggs or other egg products for human consumption.
15. "Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled,
printed, typed, lettered or branded.
16. "Mislabel" means the placing or presence of any false, deceptive or misleading
mark, term, statement, design, device, inscription or other designation upon eggs or upon
a carton, container or subcontainer of eggs, or upon the label or lining or wrapper
thereof, or upon the outward end of the case, or upon a placard or sign used in
connection therewith, or in connection with any display having reference to eggs.
17. "Nest run eggs" means eggs that are packed as they come from the production
facilities without having been washed, sized or candled for quality, regardless of
whether some undergrades have been removed.
18. "Person" includes an individual, household, firm, corporation, company or
association.
19. "Producer" means a person engaged in the business of operating or controlling
the operation of one or more ranches producing eggs within this state.
20. "Producer-dealer" means a person engaged in the business of operating or
controlling the operation of one or more egg ranches producing eggs within the state, and
who, while in possession or control of any additional eggs other than the person's own
production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for
resale to dealers, producer-dealers, manufacturers or retailers.
21. "Quality" means the inherent properties of any product which determine its
relative degree of excellence.
22. "Retailer" means a person who buys candled and graded eggs or egg products from
a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale
to a consumer only, or who buys egg products to use in the preparation of other consumer
foods for resale.
23. "Sell" includes offer for sale, expose for sale, have in possession for sale,
exchange, barter or trade.
24. "Size" means classified as to weight.
25. "Standard" means the quality specifications for a single egg.
26. "Subcontainer" means a container that is used within another container.
27. "Supervisor" means the supervisor of egg inspection or the supervisor's
authorized representative.

3-702 Definitions of eggs
In this article, unless the context otherwise requires:
1. "Eggs" means eggs in the shell from chickens, turkeys, ducks, geese or any other
species of fowl.
2. "Egg products" means eggs removed from the shell in a liquid, frozen, dried or
freeze-dried state. The product may consist of whole eggs, yolks, whites, or any blend
of yolk and white, with or without additives, if eggs are the main ingredient.
3. "Candling" means the visual examination of eggs to establish their quality by
the use of transmitted light to determine the cleanliness and soundness of the shell, the
size and condition of the aircell and the condition of the yolk, white and germ.
4. "Processed" means that the shell has been treated with oil or another
preservative preparation.

3-703 Definitions of inedible eggs
In this article, unless the context otherwise requires:
1. "Addled" or "white rot" means putrid or rotten.
2. "Adherent yolk" means the yolk has become fastened to the shell.
3. "Adulterated eggs" are eggs that are filthy, putrid, decomposed or otherwise
unfit for food in whole or in part.
4. "Denatured eggs" are eggs made unfit for human food by treatment or the addition
of a foreign substance or ordure or chemical.
5. "Inedible eggs" are those described and classed as black rots, white rots, mixed
rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs,
musty eggs, eggs showing blood rings, denatured eggs, adulterated eggs, or eggs
containing embryo chicks (at or beyond the blood ring stage), eggs containing large blood
and meat spots, or any other eggs that are filthy, decomposed or putrid.
6. "Loss" means eggs that are inedible, smashed, broken so that the contents are
leaking, contaminated, or which contain bloody whites, large blood spots, large unsightly
meat spots or other foreign material.
7. "Moldy" or "black spot" or "black rot" means the presence of mold or bacteria
inside the shell.

3-704 Descriptive terms in general
The definitions of terms descriptive of the shell, aircell and yolk, white and germ
shall be those formulated by the United States department of agriculture for respective
grades prescribed by the director.

3-705 Standards of quality
The standards of quality for chicken eggs in the shell as determined by candling
shall be established by rule adopted by the director.

3-706 Grade tolerances
The tolerance for eggs in a case, half-case, container or carton as determined by
count shall conform to the specifications of the grades established by rules adopted by
the director.

3-707 Allowances of tolerances
Within the maximum tolerance permitted allowances to be made at receiving points or
on lot quantities shall be established by rules adopted by the director.

3-708 Standards of size; determination byweight
As used in this article with relation to chicken eggs, the standards of size as
determined by weight shall be established by rules adopted by the director.

3-709 Supervisor of egg inspection; egginspectors
A. The associate director, with the approval of the director, shall employ a
supervisor of egg inspection. The supervisor shall qualify by taking and filing the
official oath of office. He shall be possessed of not less than three years' experience
in the production, sale and determining of standards and grades of eggs. He shall be
possessed of technical and educational qualifications or practical experience in the
handling and inspection of eggs, and in all matters relating to the egg industry.
B. The associate director shall employ egg inspectors and the director may assign
personnel from the office of inspections to perform any of the inspection-related
activities prescribed by this article under the direction of the supervisor. Egg
inspectors employed by the associate director must be certified by the United States
department of agriculture. The duties of inspectors shall be to inspect, weigh and
examine dried eggs, frozen eggs and eggs in the shell being advertised or offered for
sale to determine the condition, quality, grade and weight thereof. They may examine
records of a person advertising or offering for sale eggs or egg products. They shall
enforce the provisions of this article and other laws relating to the sale of eggs under
the supervision and direction of the director.

3-710 Powers and duties
A. The department may acquire and distribute to persons interested useful
information relative to the preparation for market, handling, purchasing, transportation,
storage and marketing of eggs and egg products, including the demonstration of how to
classify eggs and egg products in accordance with the uniform standards and grades
prescribed pursuant to this chapter.
B. The department may issue in booklet form copies of this article containing
complete descriptive terms as to shell, aircell, white, yolk and germ, and may make
changes in definitions of terms and grades as they are made and promulgated by the United
States department of agriculture.
C. Upon request of the United States government, and others, the director may
negotiate and sign cooperative agreements to do inspection and grading services and
charge and receive payment for the reasonable cost thereof. The funds received for such
services shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg
inspection account.
D. When the production of papers, books and records relating to any matter under
investigation is deemed advisable, the director may apply to the superior court in any
county for an order requiring the production of the papers, books and records. If the
court is satisfied that the papers, books and records are pertinent to the matter under
investigation, their production shall be ordered.
E. A complaint filed with the department charging a noncompliance with or violation
of any provision of this article shall be in writing and signed by the complainant.
F. The supervisor and inspectors shall enforce the provisions of this article in
conformity with rules adopted by the director. The refusal of an officer authorized under
this article to carry out the orders and directions of the director in the enforcement of
this article or prosecutions thereunder is neglect of duty. The director shall make and
enforce such rules as he deems necessary to carry out the provisions of this article.
G. An inspector may enter and inspect any place or conveyance within the state over
which he has supervision where eggs are produced, candled, incubated, stored, packed,
delivered for shipment, loaded, shipped, transported or sold, and may inspect all
invoices, eggs and the cases and containers thereof and equipment found in the places or
conveyances, and may take for inspection representative samples of the invoices, eggs and
cases or containers for the purpose of determining whether or not any provision of this
article has been violated.
H. An inspector may, while enforcing the provisions of this article, seize and hold
as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg
products or all or any part of any pack, load, lot consignment or shipment of eggs or egg
products packed, stored, delivered for shipment, loaded, shipped, transported or sold in
violation of any provisions of this article. 3-712 Sampling; methods; sample asevidence
The director shall prescribe methods in conformity with the United States department
of agriculture specifications of selecting samples of lots, cases or containers of eggs
or egg products which shall be reasonably calculated to produce fair representations of
the entire lots or cases and containers sampled. Any sample taken shall be prima facie
evidence in any court in this state of the true condition of the entire lot, case or
container of eggs or egg products in the examination of which the sample was taken.

3-713 Presumption of sale frompossession
Possession by any person, firm or corporation engaged in the sale of eggs or egg
products creates a presumption that the eggs or egg products are for sale.

3-714 Annual licensing; application; fee;display; exceptions
A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the
business of buying, candling, grading, peddling, distributing, dealing in or trading in
eggs or egg products for resale within this state or engage in the business of breaking
eggs for resale within this state without first obtaining a license from the division.
B. Applications for the license shall be made in writing upon forms obtained from
the division, accompanied by a license fee as provided by this section.
C. The annual license fee shall be twenty-five dollars for each place or location
where the business of the applicant is being or will be conducted. An exclusive retailer
selling to consumers only is exempt from the license fee. The license shall be
conspicuously displayed and posted at each place or location where the business of the
licensee is conducted. Licenses shall expire on February 28 following the issuance
thereof. A new license may be obtained for an additional period of one year upon written
application and payment of a fee of twenty-five dollars for each place or location where
the business is being or will be conducted.
D. Each applicant for a license shall state the name and address of the applicant,
the location of each place or location where the business of the applicant is being or is
intended to be conducted and that the applicant will in the conduct of the business
comply with this article and the rules adopted pursuant to this article.
E. The provisions of this section shall not apply to consumers or persons who are
exclusively retailers of egg products.
F. Persons handling eggs in a retail establishment for retail sale only to a
consumer, or eggs which have been candled, graded and sold by a producer or a licensed
person under this section, having proper refrigeration facilities for handling and
storing the eggs at their retail place of business, shall not be subject to the licensing
provisions of this section.
G. The licensing provisions of this section shall not apply to retailers complying
with section 3-715, subsection A.

3-715 Sales of nest run eggs; unlawful designations A. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five cases of nest run eggs from the person's own production each calendar year. Retailers may sell nest run eggs to consumers only if, when on hand, offered for sale or placed on sale, they are clearly marked "nest run". Each placard for cases, half-cases, cartons or containers of nest run eggs and all advertising, invoices and egg purchase tickets relating to nest run eggs shall likewise be clearly marked "nest run" as prescribed in this article. The total quantity of nest run eggs on hand or on sale at any time shall not exceed the total quantity of nest run eggs as shown on invoices or egg purchase tickets. Any person who sells nest run eggs shall keep an invoice or egg purchase ticket as prescribed in section 3-718. B. A person who proposes to sell nest run eggs must first notify the department in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold. C. It is unlawful for any person selling any portion of a daily production as graded eggs to sell any other portion as nest run eggs, except that any person may change the sales from graded to nest run by notifying the department in writing prior to such change. D. It is unlawful for any person selling any portion of a daily production as nest run eggs to sell any other portion as graded eggs, except that any person may change the sales from nest run eggs to graded eggs by notifying the department in writing within five days from the date of change. E. Any person selling nest run eggs as provided in this section shall notify the department in writing within five days from the date each calendar year the person's total sales of such eggs amount to twenty-five cases. F. The department shall keep a record of all notifications made under this section. G. It is unlawful to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese or any species of fowl other than chickens without marking the cases, half-cases, containers and subcontainers of such eggs and indicating fully by sign or placard for bulk lots the species of fowl from which such eggs were produced. H. It is unlawful to place on open display in retail stores cases with markings or any designation of brand, size, grade or other matter that does not properly and accurately apply to the eggs placed or packed therein unless all of such markings have been removed, erased or obliterated. I. It is unlawful to prepare, pack, place, deliver for shipment, deliver for sale, load, ship or transport or sell in cases, cartons, containers or subcontainers eggs for human consumption: 1. Unless each case, carton, container or subcontainer of chicken eggs is marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards as prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked. 2. Unless cases, cartons, containers or subcontainers of chicken eggs marked grade AA or grade A are marked with the correct expiration date. 3. That are mislabeled. 4. That are deceptive. 5. That are or contain inedibles. 6. That have been in an incubator, unless the inedibles have been removed and the cases have been labeled as a hatchery test. J. The owner or person in possession of eggs that fail to meet the requirements of subsection I, paragraphs 3 and 5 of this section, when such eggs are in cold storage or are being transported from cold storage and in possession of a dealer for candling and grading, shall not be prosecuted by reason of failure of the eggs to conform to such provisions. The eggs shall be subject to section 3-730, subsections B, C and D. The owner or person in possession of eggs that are going to a licensed person for candling or grading shall not be prosecuted for failing to meet the requirements of subsection I, paragraph 5 of this section, if the eggs do not contain more than five per cent by count of inedibles. K. It is unlawful for retailers, producers, producer-dealers and dealers to sell or expose for sale eggs that are marked grade AA or grade A after the expiration date marked on the carton, case or container expires.
3-716 Inspection fees; report and payment bydealers; exception; penalty; collection
A. An inspection fee of not more than three mills per dozen on shell eggs and three
mills per pound on egg products shall be paid by a dealer, producer-dealer, manufacturer
or producer on all eggs and egg products regardless of origin, sold to a retailer, hotel,
hospital, bakery, restaurant, other eating place or consumer for human consumption within
this state. Inspection fees on eggs used for the purpose of breaking, freezing or drying
shall be paid by the manufacturer, dealer or distributor if sold or offered for sale to
retailers or consumers for human consumption within this state.
B. If it appears that the revenue derived from inspection fees is more than is
required for the administration of this article, the director may decrease the inspection
fee and at any time thereafter may increase or decrease the inspection fee, but at no
time shall it exceed an amount of three mills per dozen on shell eggs or three mills per
pound on egg products.
C. All manufacturers, dealers, producer-dealers and producers shall file:
1. A quarterly report with the department showing the name and address of the
manufacturer, dealer, producer-dealer or producer.
2. The number of dozen of eggs or pounds of egg products sold or delivered for the
period to retail stores, hotels, hospitals, bakeries, restaurants, other eating places or
consumers for human consumption within this state.
D. The report shall be accompanied by check or money order covering the inspection
fee total of a value equal to the inspection fee in force at that time on all eggs or egg
products shown on such report within thirty days following the close of quarterly report
periods.
E. The records shall be retained for a period of one year and shall be open at all
times to the inspection of the department.
F. Notwithstanding the requirements of this section, twenty-five cases per year of
nest run eggs as provided in section 3-715 may be sold by any person to retailers or
consumers without being subject to the report and inspection fee as provided by this
section.
G. In addition to the inspection fees prescribed by this section, a penalty of ten
per cent shall be added for the delinquent filing of any report or the delinquent payment
of any inspection fee, and if the report and payment are not made within ten days after
notification of delinquency, the penalty shall be twenty-five per cent of the inspection
fee. Persons filing a false report shall be penalized fifty per cent of the amount due
for inspection fees. The penalties prescribed by this section shall be deposited,
pursuant to sections 35-146 and 35-147, in the state egg inspection fund.
H. Such inspection fees and penalties shall be collected by civil action filed by
the county attorney. 3-717 State egg inspection fund
A. All fees provided by this article shall be paid to the department which shall
issue a receipt for such fees. It shall report to the department of administration the
total amount received from all sources and shall deposit, pursuant to sections 35-146 and
35-147, the amount in a special fund known as the state egg inspection fund.
B. The director shall administer the fund. On notice from the director, the state
treasurer shall invest and divest monies in the fund pursuant to section 35-313, and
monies earned from investment shall be credited to the fund. Monies deposited in the
state egg inspection fund:
1. Shall be subject to the provisions of section 35-143.01.
2. Are exempt from the provisions of section 35-190 relating to lapsing of
appropriations. 3-718 Sale of eggs; invoice; deterioration ofeggs below grade; exceptions
A. Every person selling eggs or egg products to a producer-dealer, dealer,
retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or
consumer shall furnish an invoice showing the date of sale, the exact quantity of eggs or
egg products, size and grade of the eggs, or nest run, according to the standards
prescribed pursuant to this chapter, together with the name and address of the person
buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer
to a producer when the producer sells nest run eggs to such dealer or producer-dealer
complies with this section. A copy of the invoice or egg purchase ticket shall be kept
on file by the seller and the buyer at their respective places of business for a period
of thirty days and shall be open at all reasonable times to inspection by an inspector.
B. A person having eggs marked in accordance with the invoice who keeps the eggs
for such time after they are purchased as to cause them to deteriorate to a lower grade
or size and then offers or exposes them for sale under the mark of the invoice grade or
size violates this article.
C. No invoice shall be required on eggs when sales are made by the producer from
eggs produced on the producer's premises and sold direct to the consumer.
D. No invoice shall be required on eggs sold or delivered by a retailer when
selling eggs from the retailer's establishment to consumers. 3-719 Reuse of standard cases and othercontainers; identification of eggs; expiration date markings;exceptions
A. The standard thirty-dozen case and the fifteen-dozen half case as used in
commercial practice in the United States may be reused with writing permitted on the
sides if the case has been plainly and legibly marked on one outward end in such a
position as to clearly and accurately identify the eggs designated thereby, and with the
correct designation of size and grade of the eggs therein according to the standards
prescribed pursuant to this chapter, together with the name of the producer, dealer,
retailer or agent by or for whom the eggs were graded or marked.
B. Designations of size and grade marked upon cases of loose eggs shall be plainly
and conspicuously marked in bold-faced type or letters not less than one-half inch in
height on one outward end of the case.
C. Each container, carton or subcontainer of chicken eggs shall be marked with the
full, correct and unabbreviated designation of size and grade of the eggs therein
according to the standards prescribed pursuant to this chapter, together with the name of
the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.
D. Designations of size and grade marked upon a carton or container of eggs shall
be plainly and conspicuously marked in bold-faced type or letters not less than
one-fourth inch in height on the outward top face of each carton or container holding
less than fifteen dozen eggs, and not less than one-half inch in height on one outward
side of any other container holding fifteen dozen or more eggs.
E. Cases, half cases, cartons or containers marked grade AA or grade A shall be
marked with an expiration date. Months shall be abbreviated Jan, Feb, Mar, Apr, May,
Jun, Jul, Aug, Sep, Oct, Nov or Dec.
F. The expiration date marked on a case, half case or container holding fifteen
dozen eggs or more shall be plainly and conspicuously marked in bold-faced type not less
than three-eighths inch in height on one outward end of the case or container.
G. The expiration date marked on a carton or container holding less than fifteen
dozen eggs shall be plainly and conspicuously marked in bold-faced type not less than
one-eighth inch in height on one end of the outward top face of each carton and on one
outward end or the outward top of each container.
H. Only one description of the size and grade of eggs and one expiration date shall
appear upon any carton, container, subcontainer or case of eggs.
I. Designations of size and grade markings on an advertisement, sign, placard,
carton, container, subcontainer or case shall correspond with the designation of size and
grade marking on the invoice furnished with the sale of the eggs.

3-720 Containers not requiring markings;department of agriculture grades
A. No markings are required on cases, containers or subcontainers of eggs:
1. When a case, half case or container contains properly-marked cartoned or
packaged eggs.
2. When sold to and packed on a contract basis for the United States armed forces
or United States government institutions if labeled with United States department of
agriculture grades.
3. When packed for shipment or being shipped to points outside the state.
4. When sales are made by the producer from eggs produced on his own premises and
sold direct to the consumer.
5. When being delivered from outside the state to dealers in the state for candling
and grading.
6. When being delivered to or when in possession of a dealer for candling and
grading, when being delivered to cold storage, when in cold storage or when being removed
from cold storage, except that eggs which have been in an incubator shall be marked
"hatchery test" together with the name and address of the hatchery of origin.
B. Eggs marked with United States department of agriculture grades as referred to
in subsection A, paragraph 2, shall be considered in compliance with the rules prescribed
under this chapter if the eggs so marked as to grade and size meet requirements of the
comparable quality, grade and size designation prescribed under this chapter. Eggs shall
not be marked with United States grade designations of a lower quality or size than
comparable grades prescribed under this chapter.

3-721 Trade-mark; filing; reuse
A. A person may secure the right to use a trade name, trade-mark or symbol by
filing it with the secretary of state in compliance with section 44-1443.
B. The reuse of any carton for eggs which bears a name, a trade-mark or a trade
name, except where the user is entitled to use the name, trade-mark or trade name, is
prohibited.

3-722 Bulk lots; prohibition
Sales to consumers of chicken eggs from bulk lots are prohibited.

3-723 Price advertisements; designation of size and grade of eggs Advertising by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation of size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter on the advertisement is prohibited.
3-724 Misrepresentation of quality
A. No person shall advertise or sell eggs as fresh eggs or represent them to be
fresh eggs unless they meet the requirements for grade A or better.
B. No person shall advertise, represent or sell eggs as local eggs unless the eggs
have been produced within this state and meet the requirements for grade A or better.

3-725 Egg products; rules; out-of-stateproducts; sanitary certificate
A. Egg products shall not be sold in this state for human consumption unless the
eggs used in such egg products have been candled to eliminate inedibles prior to removing
the liquid from the shell and all further handling is pursuant to the rules prescribed
under this chapter concerning sanitary requirements for separate egg breaking rooms, the
quality and type of eggs to be broken and the labeling, freezing and storing of the
product. Such egg products shall have been pasteurized by approved methods except as
otherwise permitted by rules prescribed pursuant to this chapter.
B. Egg products prepared outside of the state, but within the United States, shall
have been prepared only from eggs fit for human food and are at all times subject to the
state rules for sampling and inspection procedure and subject to a reasonable inspection
fee as provided in section 3-716.
C. As used in this section with relation to egg products, the standards of quality
as determined by organoleptic inspections and laboratory analysis tests shall be as
formulated by the United States department of agriculture. An inspector may take samples
of any egg products within the state for laboratory analysis tests for the purpose of
determining whether or not any provisions of this article have been violated.

3-726 Imported egg products; permit;inspection; certificate; containers; fee
A. A person shall not sell for human consumption in this state egg products
imported into the state from without the United States until they have been inspected by
an inspector and are found to be fit for human consumption and unless a permit
authorizing the sale has been issued. An inspector shall cause an inspection of the egg
products to be made, and if they are found to be fit for human consumption, the division
shall issue to the importer or consignee a permit authorizing the sale thereof, together
with certificates of inspection equal in number to the containers in which the egg
products are packed.
B. The certificates of inspection shall be in the form the division deems
appropriate and shall have printed upon a white background in plain black letters not
less than one inch high, frozen eggs, liquid eggs, dried eggs or egg products imported
into the state of ARIZONA from without the United States, and inspected (inserting the
date) by the ARIZONA department of agriculture. The certificates shall be printed upon
gummed, adhesive labels, and the importer or consignee shall affix or cause to be affixed
one certificate to each container so that the inspection certificate shall be plainly
visible to the buyer.
C. The egg products referred to in subsection A imported into the state from
without the United States shall be sold only in or from the original container. No
certificate of inspection shall be removed from the container or defaced, and no
container upon which an inspection certificate has been affixed shall be used as a
receptacle for egg products imported into the state from without the United States which
have not been inspected and pronounced fit for human consumption.
D. The importer or consignee shall pay in advance for the inspection. The
inspection fee for each certificate shall be fixed by the director in accordance with the
fees and charges of the United States department of agriculture.

3-727 Refrigeration of eggs and eggproducts
A. Dealers, manufacturers and retailers shall keep shell eggs for human consumption
under refrigeration at an ambient temperature not higher than forty-five degrees
Fahrenheit.
B. Dealers, manufacturers and retailers shall keep frozen egg products for human
consumption under refrigeration at a temperature not higher than zero degrees Fahrenheit.

3-728 Nonconforming eggs; refusal of carrier toship; reservation in bill of lading
A person, forwarding company or common carrier may decline to ship or transport eggs
or egg products when notified by an inspector that the eggs or egg products are not in
conformity with the provisions of this article, and any person, forwarding company or
common carrier may reserve the right in the receipt, bill of lading or other writing
given to the shipper to reject for shipment and to return to, or hold at the expense and
risk of the shipper, eggs or egg products which upon inspection are found not in
conformity with this article.

3-729 Violation by transporting agency
A person, forwarding company or common carrier transporting eggs or egg products at
the request of the shipper or owner shall not be deemed in violation of this article
unless the person, forwarding company or common carrier wilfully fails or refuses to stop
the transportation thereof with reasonable dispatch after notice in writing by the
director that the eggs or egg products are found delivered for shipment in violation of
this article.

3-730 Nonconforming eggs as nuisance; procedurefor handling and abatement
A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered
for sale, loaded, shipped, transported or sold in violation of this article, together
with their cases, cartons or containers, are declared a public nuisance, and the eggs or
egg products shall be held by the person in possession and shall not be moved from the
place where held, except upon written permission or specified direction of the director.
B. An inspector may affix a warning tag or notice to the eggs or egg products and
may give notice of the violation to the producer, manufacturer, dealer, owner or any
person in possession of the eggs or egg products. If the person, after notice, refuses
or fails within seventy-two hours to proceed with due diligence to recondition or remark
the eggs or egg products so as to comply with this article, the eggs or egg products, and
their cases, cartons or containers, may be seized by a law enforcement officer. When
the eggs or egg products are in cold storage the seventy-two hour period does not
commence to run until the eggs or egg products are removed from storage and delivered to
a dealer or producer.
C. The county attorney of the county in which the nuisance exists, on the relation
of the director, shall maintain in the name of the state a civil action to abate and
prevent the nuisance. If the court finds a nuisance exists, the court shall order the
eggs or egg products condemned and destroyed in the manner directed by the court, or
reconditioned, remarked, denatured or otherwise processed, or released upon such
conditions as the court may prescribe to insure that the nuisance will be abated. If the
owner fails to comply with the order of the court within the time specified, the court
may order disposal of the eggs or egg products, and their cases, cartons or containers,
or the sale thereof, under such conditions as the court may prescribe, by the director,
the sheriff or the constable. In the event the court orders any of the eggs or egg
products and their cases, cartons or containers which can be salvaged to be sold, the
cost of disposal shall be deducted from the proceeds of the sale and the balance paid
into court to be delivered to the owner.
D. In actions arising under this section, the superior court has original
jurisdiction.

3-731 Injunction
The director may bring an action to enjoin the violation or threatened violation of
any provision of this article in the superior court in the county in which the violation
occurred or is about to occur.

3-732 Eggs bearing warning tag or notice;removal of tag or movement of containers prohibited
No person shall move any eggs or their cases, cartons or containers to which a
warning tag or notice has been affixed or remove the warning tag or notice from the place
where it is affixed, except upon written permission or specific direction of the
director.

3-733 Unlawful acts and conduct
The following acts or conduct are unlawful:
1. Failure to comply with a lawful order of the department, or of a court, in a
proceeding under the provisions of this article.
2. Refusal to submit eggs or egg products or a case, carton, container,
subcontainer, lot, load or display of eggs to inspection or to refuse to stop, at the
request of an authorized representative of the department, any vehicle transporting eggs
or egg products.
3. Failure to appear in court at the time and place designated in a written promise
given after arrest in accordance with the provisions of this article, regardless of the
disposition of the offense originally charged.
4. Making a statement, representation or assertion in writing, or by any other
manner or means whatever, concerning the grade, size, weight, condition of or any other
matter relating to advertising and selling eggs and egg products which is false,
deceptive or misleading in any particular.
5. Furnishing an invoice, statement or bill showing the size, grade, representation
of freshness or any other description of eggs or egg products which is false, deceptive
or misleading in any particular.

3-734 Prosecutions by attorney general orcounty attorneys
The attorney general or county attorney, upon request, shall advise the director or
authorized agents thereof in the performance of its duties, and shall institute and
prosecute actions arising under this article.

3-735 Arrests; appearance before magistrate;notice; written promise to appear; bail
A. When a person is arrested for transporting eggs or egg products in violation of
this article, unless he demands the right to an immediate appearance before a magistrate,
the arresting officer, upon production of satisfactory evidence of the identity of the
person arrested, shall take his name and address, the license number of his motor vehicle
and such other information as may be necessary, and notify him in writing to appear at a
time and place specified in the notice not less than five days after arrest before a
magistrate of the precinct in which the offense is alleged to have been committed, and if
the defendant gives his written promise to appear at the time and place specified, the
arresting officer shall forthwith release him from custody.
B. When the defendant refuses to give a written promise to appear, or demands an
immediate appearance before a magistrate, he shall be taken forthwith before a magistrate
of the precinct in which the offense is alleged to have been committed. He shall then be
entitled to not less than five days continuance in which to plead or prepare for trial
unless he waives the time and gives written promise to appear at such time and place as
the court may fix, or, if he refuses to give the promise, the court may fix bail, and
when given the defendant shall be released from custody.

3-736 Venue; evidence
A. A prosecution for a violation of this article may be instituted in the precinct
of the county where any part of the offense occurred.
B. Evidence taken in one county may be admitted as evidence in a prosecution in
another county.
C. The director may, while enforcing the provisions of this article, seize and hold
as evidence any advertisement, sign, placard, invoice, case, carton or container of eggs
or egg products or all or any part of any pack, load, lot consignment or shipment of eggs
or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or
sold in violation of any provision of this article.

3-737 Violations; classification
A. A person violating any provision of this article, filing a false report, or
interfering with an inspector in the discharge of his duties is guilty of a class 3
misdemeanor.
B. In addition, a violation of any of the provisions of section 3-716 is punishable
as provided in subsection G of section 3-716.
C. In addition, a violation of section 3-730 is punishable as provided in
subsection C of section 3-730.

3-738 Appeal inspections
A. A person who is dissatisfied with the quality, grade, weight or condition
assignment made by an inspector on a lot of shell eggs or egg products, which is
evidenced by an egg inspection certificate, or with an inspector's decision relating to
the sale of shell eggs or egg products may request an appeal inspection or a review of a
decision.
B. A request for an appeal inspection or review of a decision shall be made in
writing to the supervisor and shall clearly state the reason for requesting the
inspection or review. An oral request may be made if a written request immediately
follows the oral request.
C. The supervisor may refuse an appeal inspection or a review of a decision if:
1. It appears that the reasons given for the request are frivolous or are not
substantial.
2. The product has been moved from the place of the original inspection.
3. The request is made more than forty-eight hours after the original inspection
was made.
4. The product has not been maintained under proper temperature.
5. The original lot size has changed, been tampered with or altered in any way.
D. Appeal inspections shall be performed by an inspector other than the inspector
that originally inspected the product. Whenever practical, an appeal inspection shall be
conducted jointly by two inspectors. Samples for the appeal inspection shall consist of
the samples originally inspected plus an equal number of new samples.
E. Immediately after an appeal inspection is completed, an appeal certificate shall
be prepared to show that the original inspection was sustained or was not
sustained. This certificate supersedes any previously issued certificate for the product
inspected and shall clearly identify the number and date of the superseded
certificate. If the appeal request was made orally, the appeal certificate shall be
withheld until the written request is received.

3-739 Violations; civil penalties;exception
A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg
products, who has received a written notice of violation of this article from the
department and who after receipt of the notice commits a subsequent violation of the same
provision which was stated in the notice, shall be subject to a civil penalty as follows:
1. For the first subsequent violation, at least fifty but not more than two hundred
fifty dollars.
2. For the second and all subsequent violations, at least one hundred but not more
than five hundred dollars.
B. The department shall establish by rule criteria for determination of civil
penalties imposed under this section. Any civil penalties collected pursuant to this
section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general
fund.
C. This section does not apply to the regulation of grade and weight standards
pursuant to this article, or to tempering of shell eggs or egg products as required in
food preparation.