Section
16-42-11-1 "Fresh eggs" defined
16-42-11-2 "Retailer" defined
16-42-11-3 "Wholesaler" defined
16-42-11-4 Establishment of board; membership; term; oath; officers; compensation; business office
16-42-11-5 Powers and duties
16-42-11-6 Substandard eggs; prohibited sale
16-42-11-7 Proof of delivery
16-42-11-8 Farmers' and egg producers' exemption
16-42-11-9 Farmers or egg producers wholesaler or retailer registration
16-42-11-10 "Case" defined; registration statement; fees; wholesaler report permit
16-42-11-11 Prohibited sales or distribution
16-42-11-12 Purdue University; inspections
16-42-11-13 Fiscal management
16-42-11-14 Violations
16-42-11-15 Immunity from liability
16-42-11-1 "Fresh eggs" defined
Sec. 1. As used in this chapter, "fresh eggs"
means consumer grades of eggs as defined by the standards of quality
and weights as set forth by the state egg board. As added
by P.L.2-1993, SEC 25.
16-42-11-2 "Retailer" defined
Sec. 2. As used in this chapter, "retailer"
means any person who sells shell eggs for human consumption and
not for resale. As added by P.L.2-1993, SEC.25.
16-42-11-3 "Wholesaler" defined
Sec. 3. As used in this chapter, "wholesaler"
means any person engaged in buying eggs for human consumption
for resale to retailers, hotels, restaurants, hospitals, nursing
homes, schools, or to state or federal institutions, operators
of multiple unit retail outlets engaged in the distribution of
eggs to their own retail units, or producers who sell or deliver
eggs to retailers, hotels, restaurants, hospitals, nursing homes,
schools, or to state or federal institutions. As added by
P.L.2-1993, SEC.25.
16-42-11-4 Establishment of board; membership; term; oath; officers; compensation; business office
Sec. 4. (a) The state egg board is established. The board consists of nine (9) members appointed by the governor as follows:
(1) One (1) member from a list of not less than
three (3) persons submitted and recommended by the Indiana State
Poultry Association, Inc.
(2) One (1) member from a list of not less than
three (3) persons submitted and recommended by the Indiana Farm
Bureau, Inc.
(3) One (1) member from a list of not less than
three (3) persons submitted and recommended by the Indiana Retail
Grocers' Association, Inc.
(4) One (1) member from a list of not less than
three (3) persons submitted and recommended by the Indiana Retail
Council, Inc.
(5) One (1) member from a list of not less than
three (3) persons submitted and recommended by the Egg Council
of the Indiana State Poultry Association, Inc.
(6) One (1) member from a list of not less than
three (3) persons submitted and recommended by the trustees of
Purdue University as a representative of the office of agricultural
research programs.
(7) One (1) member at large to represent the interests
of the consumer.
(8) One (1) member to represent those engaged in
the wholesaling of eggs through the Federal-State Egg Grading
Program in Indiana.
(9) One (1) member to represent the interests of
the food service industry.
(b) All appointments are for terms of three (3)
years. However, an appointment to fill an unexpired term shall
be made by the governor for the remainder of that term only.
(c) The recommendations provided for in this section
shall be submitted to the governor within ten (10) days before
an appointment is to be made to the state egg board. All appointments
by the governor under this chapter shall be made within twenty
(20) days after submission to the governor of the recommendations
for appointments. If the recommendations are not submitted to
the governor within the specified time, the governor shall make
the appointment without the recommendations.
(d) The members of the state egg board shall, before
entering upon their duties, take and subscribe to the oath of
office provided for other state officers. The oath of office
shall be filed in the office of the secretary of state. The secretary
of state shall administer the oath as a part of the duties of
the office of secretary of state.
(e) The state egg board shall elect from its own
membership the following officers:
(1) President.
(2) A vice president who serves in the president's
absence or disability.
(3) Recording secretary.
The officers serve for one (1) year or until their
successors are elected and qualified.
(f) Each member of the state egg board who is not
a state employee is entitled to the minimum salary per diem provided
by IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(g) The state egg board shall provide a suitable
office, equipment, supplies, and facilities for the conduct of
the board's business. As added by P.L.2-1993, SEC.25. Amended
by P.L.40-1993, SEC.55.
16-42-11-5 Powers and duties
Sec. 5. (a) The state egg board shall administer,
enforce, and carry out this chapter.
(b) The state egg board shall do the following:
(1) Formulate and determine standards of quality
and weights of eggs sold or offered for sale as fresh eggs.
(2) Regulate the sale of and commerce in eggs sold
or offered for sale at retail or wholesale as fresh eggs and regulate
the sale of eggs by wholesalers and retailers.
(3) Formulate and publish definitions, names, and
grades of fresh eggs and specifications for the care and handing
of eggs that may be offered for sale at retail and wholesale as
fresh eggs under the terms of this chapter and for the care and
handling of eggs that may be offered for sale by wholesalers and
retailers as eggs fit for human consumption.
(4) Provide for and issue permits to wholesalers
or retailers of fresh eggs and provide for the registration of
wholesalers and retailers of eggs.
(5) Adopt rules necessary for or incident to carrying
out this chapter.
(6) Investigate and report violations of this chapter
and violations of the rules of the state egg board to the proper
authorities for prosecution.
(7) Revoke any registration or permit for a violation
of this chapter or of the rules adopted by the state egg board.
(8) Hold four (4) regular meetings at quarterly intervals at the time and place the state egg board designates. The president of the state egg board may call special meetings of the state egg board whenever in the president's judgment it becomes necessary. The president shall call a special meeting of the state egg board upon written request of a majority of the members of the state egg board.
(9) The state egg board shall publish or cause to be published an annual report of the board's work. In addition, the state egg board may periodically publish or cause to be published and distributed other information concerning eggs.
As added by P.L.2-1993, SEC.25.
16-42-11-6 Substandard eggs; prohibited sale
Sec. 6. A person may not sell, offer for sale,
or advertise for sale at retail or wholesale shell eggs that do
not meet the standards of quality and weight set forth by the
state egg board. As added by P.L.2-1993, SEC.25.
16-42-11-7 Proof of delivery
Sec. 7. (a) Every person selling eggs to a retailer
shall furnish written proof of delivery at the time of delivery
showing:
(1) the date;
(2) the grades; and
(3) the quantity of the eggs;
according to the standards prescribed by the state
egg board.
(b) A copy of the proof of delivery shall be kept
on file by retailers at their respective places of business for
thirty (30) days and at all reasonable times shall be available
and open for inspection by accredited inspectors or representatives
of the state egg board. As added by P.L.2-1993, SEC.25.
16-42-11-8 Farmers' and egg producers' exemption
Sec. 8. Farmers and other bona fide egg producers
who sell and deliver, on the premises where produced, eggs produced
by their own flocks on their own premises are exempt from this
chapter. As added by P.L.2-1993, SEC.25.
16-42-11-9 Farmers or egg producers wholesaler or retailer registration
Sec. 9. A farmer or bona fide egg producer may apply for registration as a wholesaler or retailer under this chapter and may, upon application, after being registered receive a permit to sell eggs. As added by P.L.2-1993, SEC.25.
16-42-11-10 "Case" defined: registration statement; fees; wholesaler report permit
Sec. 10. (a) As used in this section, "case"
means thirty (30) dozen.
(b) Every wholesaler or retailer selling shell eggs
shall, before July 1 of each year, file with the state egg board
a statement setting forth the fact that the wholesaler or retailer
desires to sell fresh shell eggs. The statement shall designate
the name of the wholesaler or retailer desiring to register and
the location of the wholesaler's or retailer's principal office.
The state egg board shall furnish blank forms for registration.
The state egg board shall register the facts set forth in the
statement in a permanent record. The state egg board shall furnish
to each registered wholesaler a registration number upon payment
of the registration fee and deposit.
(c) The state egg board shall require and collect
from each wholesaler at the time of registration a fee based upon
the average number of cases of eggs sold to retailers, hotels,
restaurants, hospitals, nursing homes, schools or to state or
federal institutions each week during the preceding calendar year,
as follows:
Average Number
of Cases Sold Registration Fee
0 - 100 $ 30
101 - 250 $ 60
251 - 500 $ 90
501 - 1,000 $ 120
1,001 and over $ 150
(d) The state egg board shall require and collect
from each wholesaler at the time of registration a deposit equal
to the product obtained by using a multiplier of six cents ($0.06)
and a multiplicand that is that number of cases of eggs sold in
that quarter of the immediately preceding five (5) calendar quarters
in which the highest number of cases of eggs were sold by the
wholesaler to retailers, hotels, restaurants, hospitals, nursing
homes, schools, or to state or federal institutions. However,
if the wholesaler does not have a five (5) quarter history, the
state egg board shall fix the deposit at a reasonable amount.
(e) The state egg board shall require and collect
from each retail store or unit of retailing a fee based upon the
average number of cases of eggs sold each week during the preceding
calendar year, as follows:
Average Number
of Cases Sold Registration Fee
1-5 $20
more than 5 $25
(f) All registered wholesalers must make application
to the state egg board for a permit to report the case volume
of shell eggs sold in Indiana and submit a fee of six cents ($0.06)
for each thirty (30) dozen eggs or a fraction of that number of
the volume reported. In applying for a permit, the wholesaler
must agree to do the following:
(1) Keep records the state egg board considers necessary
to indicate accurately the case volume of shell eggs sold in Indiana.
(2) Grant the state egg board permission to examine
those records and verify the statement of the number and grade
of eggs reported.
(3) Report under oath to the state egg board, on
forms furnished by the state egg board, the number of eggs reported
during the period covered.
(g) The state egg board may grant the permit if
the board determines that the action will lead to efficient enforcement
of this chapter. The state egg board may revoke the permit at
any time if it appears to the state egg board that the wholesaler
is not complying with the terms of the agreement entered into
at the time of the issuance. The report of eggs is due and the
fees are payable quarterly on the last day of the month following
the end of the quarter. If:
(1) the report is not filed and the fee paid by
the tenth day following the due date;
(2) the report is false; or
(3) the requirements of this chapter have not been
complied with;
the state egg board may revoke the permit. If the
fee is unpaid after the ten (10) day grace period, a penalty of
ten percent (10%) in addition to the amount due shall be assessed.
As added by P.L.2-1993, SEC.25. Amended by P.L.183-1993,
SEC.1.
16-42-11-11 Prohibited sales or distribution
Sec. 11. (a) A person may not sell as a wholesaler
to a retailer, hotel, restaurant, hospital, nursing home, school,
or state or federal institution shell eggs for human consumption
that are not subject to being reported as provided in this chapter.
(b) A person operating multiple retail outlets may
not distribute or deliver to retail units shell eggs for human
consumption that are not subject to being reported as provided
for in this chapter. A retail store or retail unit may not receive
from a wholesaler shell eggs for human consumption that are not
subject to being reported as provided for in this chapter.
As added by P.L.2-1993, SEC.25.
16-42-11-12 Purdue University; inspections
Sec. 12. The dean of agriculture of Purdue University
may, subject to the approval of the state egg board, employ an
executive administrator, inspectors, clerks, and other assistants
necessary to carry out this chapter under the direction and supervision
of the state egg board. The inspectors shall inspect and examine
eggs sold, offered for sale, or exposed for sale as fresh eggs
and shall also inspect and examine eggs sold by wholesalers and
retailers as fit for human consumption under this chapter at times
and places and in the manner the state egg board directs. As
added by P.L.2-1993, SEC.25. Amended by P.L.40-1993, SEC.56.
16-42-11-13 Fiscal management
Sec. 13. All money received by the state egg board
shall be paid to the treasurer of Purdue University who shall,
under the direction of the state egg board, expend the money on
proper vouchers to meet all necessary expenditures for carrying
out this chapter and for any other expenses of Purdue University
agricultural programs authorized by law and in support of the
purposes of this chapter. The dean of agriculture shall submit
to the state egg board an annual report showing the receipts and
expenditures of all money received and expended by the director
under this chapter. The report shall be made a part of the annual
report of the state egg board. As added by P.L.2-1993, SEC.25.
Amended by P.L.40-1993, SEC.57.
16-42-11-14 Violations
Sec. 14. A person who violates this chapter commits
a Class C infraction. As added by P.L.2-1993, SEC.25.
16-42-11-15 Immunity from liability
Sec. 15. The:
(1) members of the state egg board;
(2) dean of agriculture of Purdue University; and
(3) employees of the state egg board;
are not liable in their individual capacity, except
to the state, for an act done or omitted in connection with the
performance of their respective duties under this chapter. As
added by P.L.2-1993, SEC.25. Amended by P.L.40-1993, SEC.58.