Art. 1. GENERAL PROVISIONS

Cited in: 370 IAC 1-3-1; 370 IAC 1-4-1; 370 IAC 1-6-1

Rule 1. Statement of Order and Definitions

Rule 2. Temperature Requirements

Rule 3. Display and Labeling; Restricted Eggs

Rule 4. Inspections and Non-Compliance

Rule 5. Advertising

Rule 6. Grade and Size Identification

Rule 7. Stamp and Invoices (Repealed)

Rule 8. Fresh Eggs

Rule 9. Wholesaler Records

Rule 10. Sanitation Requirements

370 IAC 1-1-1 Applicability of state standards

370 IAC 1-1-2 Applicability of state standards to interstate or foreign commerce

370 IAC 1-1-3 Uniform grade standards; adoption of federal standards

370 IAC 1-1-4 Candling; Haugh unit value

370 IAC 1-1-5 Haugh measurements

370 IAC 1-1-1 Applicability of state standards

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2
Sec. 1. The official Indiana standards for the quality of shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell. (State Egg Board; Reg 1, Title I, Sec 1; filed Aug 14, 1973, 1:30 p.m.: Rules and Regs. 1974, p. 81)

370 IAC 1-1-2 Applicability of state standards to interstate or foreign commerce

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 2. U.S. Public Law 91-597 91st Congress H. R., 19888, December 29, 1970 provide, Sec. 23, (b), "For eggs which have moved or are moving in interstate or foreign commerce, (1) no State or local jurisdiction may require the use of standards of quality, condition, weight, quantity or grade which are in addition to or different from the official Federal standards, and (2) no state or local jurisdiction other than those in non-contiguous areas of the United States may require labeling to show the State or other geographical area of production or origin. Provided, however, that this shall not preclude a State from requiring that the name, address, and license number of the person processing or packaging eggs, be shown on each container." (State Egg Board; Reg 1, Title I, Sec 2; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82)

370 IAC 1-1-3 Uniform grade standards; adoption of federal standards

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 3. Therefore in the interest of maintaining uniform grade standards in the State of Indiana, the State Egg Board hereby adopts the U.S. Standards, Grades, and Weight Classes for Shell Eggs promulgated by the U.S. Department of Agriculture (7 CFR Part 56) as the official standards for quality, grade and weight classes for the State of Indiana. Including (7 CFR Part 59) Regulations Governing the Inspection of Eggs and Egg Products. (State Egg Board; Reg 1, Title I, Sec 3; filed Aug 14, 1973, 1:30 p.m.: Rules and Regs. 1974, p. 82; filed Nov 23, 1981, 9:30 am: 5 IR 33, eff Jan 1, 1982; errata, 9 IR 779)

Cited in: 370 IAC 1-8-1.

370 IAC 1-1-4 Candling; Haugh unit value

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 4. Candling. Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable consistently accurate determination of the interior quality of shell eggs. It is desirable to break out an occasional egg and to determine the Haugh unit value of the broken out and candled appearance thereby aiding in correlating candled and broken out appearance. (State Egg Board; Reg 1, Title II, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82; filed Nov 23, 1981, 9:30 am: 5 IR 33, eff Jan 1, 1982)

370 IAC 1-1-5 Haugh measurements

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 5. Haugh Measurements. Specifications for measuring the thick albumen condition is based on the use of a specially designed micrometer or slide rule to determine the relationship between the weight of an egg and the height of the thick white. The readings are taken in units ranging from 0 to 100 after the egg has been broken out on a flat glass surface. (State Egg Board; Reg 1, Title II, Sec 2; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82)

370 IAC 1-2-1 Temperature requirements; dealer facilities

370 IAC 1-2-2 Temperature requirements; retail stores

370 IAC 1-2-1 Temperature requirements; dealer facilities

Authority: IC 16-6-1-2

Affected: IC 16-6-1

Sec. 1. Every registered person, partnership, firm or corporation permitted to handle or sell eggs under the provisions of IC 16-6-1 shall, upon delivery, provide adequate space and storage facilities to hold shell eggs at an ambient temperature of forty-five degrees Fahrenheit (45oF) or below. (State Egg Board; Reg 2, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82; filed Nov 23, 1981, 9:30 am: 5 IR 33, eff Jan 1, 1982; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1775)

370 IAC 1-2-2 Temperature requirements; retail stores

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 2. Upon delivery, shell eggs at the retail store shall be stored and displayed at an ambient temperature of forty-five degrees Fahrenheit (45oF) or below. (State Egg Board; Reg 2, Title I, Sec 2; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82; Filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776)

370 IAC 1-3-1 Wholesale packaging and labeling

370 IAC 1-3-2 Consumer packages; date requirements

370 IAC 1-3-3 Consumer packages; packer identification

370 IAC 1-3-4 Restricted eggs; definition; labeling

370 IAC 1-3-1 Wholesale packaging and labeling

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2; IC 16-6-6-10

Sec. 1. The eggs shall be sold at wholesale in cases, boxes, or containers which shall be plainly labeled as Grade AA, Grade A, or Grade B and as to size (Jumbo, Extra Large, Large, Medium, Small, or Pee Wee) according to standards of quality and size established in this article. (State Egg Board; Reg 3, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 82; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776)

370 IAC 1-3-2 Consumer packages; date requirements

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 2. All eggs offered for sale in consumer packages (cases, boxes, baskets, or containers) shall be legibly dated (month and day or consecutive date of the year) the date the eggs were packed and shall bear an expiration date of no more than thirty (30) days from date of pack, excluding date of pack. Shell eggs labeled AA shall bear in distinctly legible form an expiration date of no more than ten (10) days from date of pack excluding date of pack. The expiration date shall be stated as the "month" and "day" (for example, April 3 or 4-3) preceded by the letters EXP or SELL BY. Quality is best if sold by the expiration date. (State Egg Board; Reg 3, Title I, Sec 2; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 83; filed Nov 23, 1981, 9:30 am: 5 IR 33, eff Jan 1, 1982; filed Feb 13, 1985, 1:57 pm: 8 IR 794; filed Feb 3, 1987, 2:00 pm: 10 IR 1225; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776)

370 IAC 1-3-3 Consumer packages; packer identification

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 3. All eggs offered for sale in consumer packages (cases, boxes, baskets, or containers) shall be labeled with one (1) of the following means of identification:

(1) Name and address of packer.

(2) Indiana state egg license number.

(3) United States Department of Agriculture plant number.

(4) Egg license number from another state, provided the number is on file in writing at the state egg board office.

All eggs offered for sale in cases, boxes, or cartons shall contain labeling which indicates refrigeration is required. (State Egg Board; Reg 3, Title I, Sec 3; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 83; filed Feb 13, 1985, 1:57 pm: 8 IR 794; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776)

370 IAC 1-3-4 Restricted eggs; definition; labeling

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 4. Public Law 91-597, requires that eggs classed as restricted eggs, dirties, checks, leakers, inedibles, loss and incubator rejects as well as graded eggs, exceeding the tolerances allowed for restricted eggs in United States Grade B standards must be labeled with certain required information. (Leakers, loss, inedibles and incubator rejects must also be denatured or decharacterized at the point of grading.) Labeling must be legible and conspicuous. The name and address of the packer must appear on each case or label.

Examples of labeling shall be as follows:

Restricted Eggs For Processing
Only in an Official USDA
Egg Products Plant.

Name______________________________________

Address_______________________Zip__________

Dirty and Checked Eggs for
Processing Only in an Official
USDA Egg Products Plant.

Name______________________________________

Address_______________________Zip__________

Labeling for loss, leakers, inedibles and incubator rejects shall be as follows:

Restricted Eggs
Not to be used as Human Food.

Name______________________________________

Address_______________________Zip__________

Inedible Egg Products
Not to be used as Human Food.

Name______________________________________

Address_______________________Zip__________

(State Egg Board; Reg 3, Title II, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 83; filed Nov 23, 1981, 9:30 am: 5 IR 34, eff Jan 1, 1982; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776)

370 IAC 1-4-1 Inspection rules and regulations

370 IAC 1-4-2 Removal of below standard eggs

370 IAC 1-4-3 Violations; inspector's duties

370 IAC 1-4-1 Inspection rules and regulations

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2; IC 16-6-1-11

Sec. 1. All inspectors named by the Director of the Purdue University Agricultural Experiment Station as provided for in this act, shall, in the inspection of eggs, be governed by the rules and regulations of the State Egg Board. These rules and regulations [370 IAC 1] are to include the standards of quality and weight. (State Egg Board; Reg 4, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 84)

370 IAC 1-4-2 Removal of below standard eggs

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2; IC 16-6-1-11

Sec. 2. Shell eggs offered for sale at retail or wholesale and found to be below the minimum standards and requirements of quality and/or weight for grade and size marked, shall be removed at the time of inspection. (State Egg Board; Reg 4, Title II, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 84; filed Feb 12, 1993)

370 IAC 1-4-3 Violations; inspector's duties

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2; IC 16-6-1-11

Sec. 3. The State Egg Board hereby requests the Shell Egg Inspectors to follow the procedure outlined below when product is found in violation of this act.

(1) Discuss problem with parties involved and request their cooperation in removing product from sale.

(2) Call State Office when cooperation with the parties involved is not received.

(3) Prepare report in writing to the State Egg Board giving details of violation and disposition of product, with copy to party or parties involved in violation.

(State Egg Board; Reg 4, Title II, Sec 2; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 84)

370 IAC 1-5-1 Advertisements

370 IAC 1-5-1 Advertisements

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 1. At retail if the price is quoted, all quotations or advertising of any kind by any media connected with the sale of eggs by registrants of this act, shall plainly state the grade and size of the eggs so priced in such quotations or advertisements. (State Egg Board; Reg 5, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 84; filed Nov 23, 1981, 9:30 am: 5 IR 34, eff Jan 1, 1982)

370 IAC 1-6-1 Grade and size identification

370 IAC 1-6-1 Grade and size identification

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 1. All packages, of whatever kind, in which eggs are offered for sale by registrants under this article shall be marked as "Grade AA" , "Grade A" or "Grade B". All packages bearing the Grade Mark, shall be identified as to size by "Jumbo, Ex-Large, Large, Medium, Small, or Pee Wee". (State Egg Board; Reg 6, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 84; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1777)

(Repealed by State Egg Board; Reg 7, Title I, Sec 1; filed Nov 23, 1981, 9:30 am: 5 IR 34, eff Jan 1, 1982)

370 IAC 1-8-1 "Fresh Eggs" defined

370 IAC 1-8-1 "Fresh Eggs" defined

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 1. Fresh eggs shall meet the minimum standards and requirements of quality and weight under 370 IAC 1-1-3 for Indiana Grade AA, Indiana Grade A, or Indiana Grade B eggs. (State Egg Board; Reg 8, Title I, Sec 1; filed Aug 14, 1973, 1:30 pm: Rules and Regs. 1974, p. 85; filed Nov 23, 1981, 9:30 am: 5 IR 34, eff Jan 1, 1982; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1777)

370 IAC 1-9-1 Recordkeeping by wholesalers

370 IAC 1-9-1 Recordkeeping by wholesalers

Authority: IC 16-6-1-2

Affected: IC 16-6-1-8

Sec. 1. (a) All wholesalers shall keep such records as necessary to indicate accurately the case (30 dozen) volume of shell eggs sold in Indiana. These records shall include:

(1) Invoices showing purchases and sales of shell eggs.

(2) A sales ledger showing all egg sales made at wholesale in Indiana to any retailer, hotel, restaurant, hospital, school, nursing home, state or federal institution.

(3) A cumulative summary of sales made in Indiana.

(b) The above records shall be retained by the wholesaler for a period of one calendar year exclusive of the current operating quarter. (State Egg Board; 370 IAC 1-9-1; filed Feb 13, 1985, 1:57 pm: 8 IR 794)

370 IAC 1-10-1 Shell egg packers

370 IAC 1-10-2 Retailers and wholesalers

370 IAC 1-10-1 Shell egg packers

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 1. (a) This section establishes minimum sanitation and operating requirements for shell egg grading plants engaged in grading, storage, packaging, and distribution of eggs.

(b) Buildings shall be of sound construction so as to prevent the entrance or harboring of vermin.

(c) All areas and rooms in which eggs are handled, graded, and packed shall be kept clean.

(d) Cooler rooms shall be free from objectionable odors, such as mustiness or a rotten odor, and shall be maintained in a clean, sanitary condition.

(e) Egg cleaning equipment shall be kept in good repair and shall be thoroughly cleaned after each day's use or more often if necessary to maintain a sanitary condition. The wash water should be potable and maintained at a temperature of ninety degrees Fahrenheit (90oF) minimum. The wash water temperature must be at least twenty degrees Fahrenheit (20oF) greater than the egg temperature. The wash water shall be replaced frequently, a minimum of once a day, and the detergent and sanitizer shall be kept at an effective level at all times.

(f) During any rest period, or at anytime when the equipment is not in operation, the eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat.

(g) Only the United States Department of Agriculture or federally approved cleaning and sanitizing compounds may be used. Current list of proprietary substances and nonfood compounds. Washed eggs shall be reasonably dry before containing or casing.

(State Egg Board; 370 IAC 1-10-1; filed Feb 3, 1987, 2:00 pm: 10 IR 1226; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1777)

370 IAC 1-10-2 Retailers and wholesalers

Authority: IC 16-6-1-2

Affected: IC 16-6-1-2

Sec. 2. (a) This section establishes minimum sanitation requirements for retailers and wholesalers.

(b) Display cases in which eggs are offered for sale to consumers must be clean and free from any substances or conditions whereby the eggs could become adulterated through absorption of bacteria or odors which could affect the quality or taste of eggs.

(c) All storage areas where eggs are held must be maintained in a clean and sanitary condition. (State Egg Board; 370 IAC 1-10-2; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1778)