In this subtitle the following words have the meanings indicated. “Consumer” means any person who purchases or otherwise acquires shell eggs for household consumption. “Distributor” means any person who: Sells, offers, or exposes for sale shell eggs; Purchases shell eggs for other than household consumption; or Distributes eggs to a retail outlet or food service facility owned by that person. “Distributor” does not include any person who purchases shell eggs either exclusively as a retailer or exclusively for use in a food service facility or exclusively both as a retailer and as a food service facility. “Food service facility” means any person who operates a facility where eggs are used in the preparation of food and who does not distribute eggs to a food service facility owned by that person. “Packer” means any person who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to a consumer. “Poultry” means any living domesticated bird. “Retailer” means any person who sells shell eggs to a consumer and who does not distribute eggs to a retail outlet owned by that person. “Shell eggs” means raw or treated poultry eggs that are still in the shell and intended for human consumption. “Treated egg” means a poultry egg that has been subjected to a process that alters the egg while still in the shell.

A person may not donate, sell, advertise, offer, or in any manner represent for sale shell eggs to any person unless the shell eggs meet the standards of this subtitle or any regulation adopted in accordance with this subtitle.

The Secretary may adopt rules and regulations limiting or requiring the use of any term used when shell eggs are offered or exposed for sale, sold, donated, or advertised. A person may not donate, sell, offer for sale, or deliver any shell eggs that are not labeled according to regulations adopted by the Secretary.

The size or weight classification for domesticated chicken eggs in the State shall be the same as the official United States Department of Agriculture weight classes for domesticated chicken eggs for the following classifications: jumbo, extra large, large, medium, small, and pee wee. Shell eggs produced from poultry other than domesticated chickens shall be sold by net quantity. When sold by weight, the net weight of shell eggs does not include the weight of any container. The Secretary shall adopt regulations to carry out the requirements under this subtitle for weights and net quantity.

The Secretary shall establish standards for quality of individual or grades of shell eggs. The State standards for quality of individual or grades of shell eggs shall be the same as those of the United States Department of Agriculture, where applicable. A person may not donate, sell, advertise, offer, or in any manner represent for sale shell eggs that do not meet the standards adopted by the Secretary.

All shell eggs shall be stored, displayed, and transported in a refrigerated area where the temperature meets the standards established by the Secretary.

The Secretary may establish voluntary standards to identify shell eggs that exceed the standards of quality, size, processing, or production required under this subtitle.

A person may not sell, offer to sell, or deliver any shell eggs not properly designated in respect to quality, size, and net quantity standards. When shell eggs are sold or offered for sale, the designation shall be plainly and conspicuously shown on the container and in the offer to sell, and if the shell eggs are loose, by a sign placed on or near the eggs. Any shell eggs not designated as to quality shall be presumed to meet the minimum standards for quality established by the Secretary by regulation.

A person may not sell or deliver shell eggs to a distributor, retailer, or food service facility unless at the time of delivery the person provides an invoice delivery ticket accurately detailing the sale of the shell eggs in accordance with this section. Each invoice delivery ticket shall contain on its face the following information: Delivery date; Name and address of the seller; Name and address of the purchaser; The registration number, if any, of the purchaser; The quantity; The grade and size of the shell eggs delivered; and The inspection fee, if applicable.

A person may not fail or refuse to make required reports or report falsely or with intent to deceive.

During the usual business hours, the Secretary may enter any warehouse, store, building, market, food service facility, production facility, packing facility, or any other place, carrier, conveyance, or vehicle where or from where shell eggs are produced, distributed, packed, donated, sold, or offered or exposed for sale, to enforce this subtitle. The Secretary may examine, test, or sample any shell egg, layer house, pen, cooler, packing facility, washing facility, or any other place or item to determine whether the environment of the facility where shell eggs are produced, packed, or held is in compliance with this subtitle. If the Secretary finds shell eggs are sold or offered or exposed for sale in violation of this subtitle, the Secretary may issue a written or printed “stop–sale” order to the person violating this section. After receipt of an order issued under this subsection, the recipient of the order may not sell or offer or expose for sale any shell eggs subject to the order. A person who has been issued a “stop–sale” order under this subsection may appeal to the Secretary.

Shell eggs are adulterated if the shell eggs are: Contaminated by a pathogen, poisonous substance, or other deleterious substance; or Subjected to conditions likely to cause contamination that may render the shell eggs injurious to human health. If the Secretary finds that any shell eggs are adulterated or unfit for human consumption, the Secretary shall: Segregate the shell eggs; and Mark the shell eggs in a permanent manner to permit ready identification. If no appeal is taken from a determination of condemnation, the Secretary shall destroy the shell eggs in a manner prescribed by regulation. If an appeal is taken, the condemned shell eggs shall be segregated and stored pending completion of an appeal inspection. The shell eggs may be destroyed in accordance with this section if the appeal is sustained.

A person shall register with the Secretary each business location where that person is operating as either a packer or distributor.

Except as provided in subsection (b) of this section, an applicant for registration shall: Submit to the Secretary an application on the form that the Secretary provides; Be in compliance with the federal standards established by the U.S. Food and Drug Administration under 21 C.F.R. Part 16 and Part 118 for the prevention of Salmonella enteritidis in shell eggs during production, storage, and transportation, as applicable; Agree to allow the Secretary or the Secretary’s designee to enter the applicant’s premises to determine compliance in accordance with § 4–310(b) of this subtitle; and Pay to the Secretary the appropriate registration fee established in subsection (c) of this section. A packer or distributor who keeps 3,000 or fewer poultry and who sells or offers or exposes for sale shell eggs only from those poultry shall register with the Secretary, but is exempt from paying any fee required by this subtitle. The following persons shall pay to the Secretary the registration fee indicated: Packer…………………………………………………………...$30; and Distributor…………..…….………………...……..…………..……$30.

Unless a registration for a packer or distributor of shell eggs is renewed for a 1-year term, the registration expires on January 1. Before a registration expires, the registration may be renewed for an additional 1-year term, if the applicant: Is a packer or distributor of shell eggs; Pays the applicable fee as provided in § 4-311.2 of this subtitle; and Submits to the Secretary a renewal application on a form that the Secretary provides. The packer or distributor shall display the registration conspicuously at each place of business. The packer or distributor shall notify the Secretary if the packer’s or distributor’s business is moved to a new location.

Subject to the hearing provisions adopted by the Secretary, the Secretary may deny, suspend, or revoke the registration for a packer or distributor if: The packer or distributor does not meet the requirements of this title; or The packer or distributor violates any provision of this subtitle or any regulation adopted by the Secretary.

There is an “Egg Law Fund”. All fees collected under the provisions of this subtitle shall be credited to the Fund. The Fund shall be used to partially defray the expenses of administering this subtitle.

A packer or distributor who is required to pay a fee under this subtitle shall submit to the Secretary: A quarterly report showing the number of dozens of shell eggs sold or delivered in Maryland to any retailer, food service facility, or consumer; and At the time that the quarterly report is due, an inspection fee at a rate of 8 cents for each 30-dozen case of shell eggs sold or delivered in Maryland. If the report is not filed and the required inspection fee is not paid within 30 days after the end of the quarterly period, a collection fee shall be assessed against the packer or distributor. The amount of the collection fee shall be the greater of: 10 percent of the inspection fee due and unpaid; or $100. The amount of collection fee due is a debt and may be the basis of a judgment in a civil action against the packer or distributor.

A packer or distributor shall: Keep accurate records showing the number of eggs sold or delivered to any person; Keep required records at each place of business or at a central location within the State; Keep required records for 1 year; and Make required egg records available to the Secretary upon request. A retailer or food service facility shall keep each invoice delivery ticket received in accordance with § 4–308 of this subtitle for 90 days.

Instead of, or in addition to, issuing a stop–sale order or revocation of a registration under this subtitle, the Secretary may impose a civil penalty of not more than $5,000. A penalty collected by the Secretary under this section shall be paid into the State General Fund. The Secretary may adopt regulations to implement the provisions of this section.

This subtitle may be cited as the Maryland Egg Law.