The regulations contained in this chapter: Prescribe the standards of quality for individual shell eggs sold in this State; Establish allowable tolerances for grades of shell eggs sold in this State; Prescribe the weights permitted by the Maryland Egg Law for the various size classifications of eggs; Establish special grades of eggs; and Indicate what information a person selling shell eggs to a consumer shall provide and the manner in which this information is to be provided. The regulations contained in this chapter also implement a portion of a program jointly administered by this Department and the Maryland Department of Health (the remaining portions of this program are explained in COMAR 15.11.11, 10.15.03, and 10.15.04) that is intended to reduce the incidence of Salmonella serotype enteritidis in shell eggs distributed or sold in this State. Among other things, these regulations: Prohibit a person from distributing, offering for sale, or selling shell eggs in the State unless: That person is registered with the Secretary and provides certain written documentation that will assist the Secretary, if eggs are found to be adulterated or unfit for human consumption, to discover the particular flock from which those eggs are derived, The eggs have been produced by flocks that meet the standards established under COMAR 15.11.11.05A, and The carton or case, if the eggs have been packed in one of these containers for delivery to consumers, displays certain information; and Describe what is required of a person who packs shell eggs that are to be distributed, offered for sale, or sold in the State. In this chapter, the following terms have the meanings indicated. Terms Defined. “Carton” means a container holding up to 36 eggs, including overwrapped cartons and sleeves, that is used to pack eggs for distribution or sale to a consumer. “Case” means a container that is not a carton and that is used to pack eggs for distribution or sale to a consumer. A case may contain either loose eggs or cartons of eggs. “Consumer” means a person who purchases or otherwise acquires shell eggs for household consumption. “Department” means Maryland Department of Agriculture. “Distributor” means a person who: Sells, offers, or exposes for sale shell eggs to a wholesaler, retailer, or food service facility; or Distributes eggs to a retailer or food service facility owned by that person. “Food service facility” means a 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. “Loose eggs” means eggs not contained in a carton. “Lot designation” means a method of specifying the conditions under which eggs are packed or packaged which enables the packer and the Secretary to trace the eggs to the flock that produced the eggs. “Packer” means a person, including a repacker, who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to consumers and other persons in the distribution chain, such as retailers and food service facilities. “Registration number” means the number that the Department assigns a packer or distributor. “Repacker” means a packer who repacks previously graded shell eggs. “Retailer” means a person who sells shell eggs to a consumer and who does not distribute eggs to a retail outlet owned by that person. “Secretary” means the Secretary of Agriculture or the Secretary's designee. “Shell eggs” means raw eggs produced by chickens for human consumption. Seller to Provide Certain Information. A person may not sell or deliver shell eggs to a retailer, food service facility, or distributor unless that person: Is registered with the Secretary as provided under Regulation .09 of this chapter; and Provides the retailer, food service facility, or distributor, before or at the time the eggs are delivered, the following information in English: The name and address of the seller and buyer; The date of delivery; The grade and size of eggs delivered; The quantity of eggs sold (list the number of eggs sold by grade and size); The registration number, if any, of the purchaser; The inspection fee, if applicable, as provided under §D of this regulation. Means of Providing Required Information. The seller shall provide the information required under §A(2)(a)—(f) of this regulation, on an invoice or equivalent record. Record-Keeping Requirements. The seller and the person to whom the eggs were sold or delivered, whether a retailer, food service facility, or distributor, shall keep at their respective places of business a copy of all of the information required to be provided under §A(2) of this regulation. Period to Retain Information. A retailer or food service facility shall retain this information for a period of 90 days following delivery of the eggs. A packer or distributor shall retain this information either for a period of: 1 year following delivery of eggs if the packer or distributor does not have an alternative method of keeping accurate records showing the number of eggs sold or delivered to a person; or 90 days if the packer or distributor has an alternative method of accurately keeping these records. The Department shall be allowed to inspect the information in this section. Applicability of Inspection Fee Statement on Invoice. The seller is not required to include the inspection fee statement on the invoice if the seller: Can accurately track the number of eggs sold or delivered to a person through an alternative method; and Has obtained the Department's express permission to employ this alternative method. This regulation does not apply to a person selling shell eggs for pasteurization. A person may not distribute, offer for sale, or sell shell eggs to a consumer unless: That person is registered with the Secretary as provided under Regulation .09 of this chapter; That person has an invoice or equivalent record containing all of the information required under Regulation .03A; and The eggs are: Supplied by a registered packer, Supplied by a registered distributor, if applicable, Produced by flocks that meet the standards of COMAR 15.11.11.05A, and Distributed, offered for sale, or sold as provided under §C or D of this regulation. Sale of Eggs in Cartons or Cases. A person may distribute, offer for sale, or sell eggs that have been packed in a carton or case for delivery to consumers only if the carton or case displays the information required under, and in the manner provided by, Regulation .08. Sale of Loose Eggs. A person may distribute, offer for sale, or sell loose eggs only if that person places a placard on or near them that plainly and conspicuously displays their grade, size, packer, and lot designation. The information required under §D(1)(a) of this regulation to be placed on the placard shall be in legible printing in block letters not less than 3/8 inch in height. The grade or size designations may not be abbreviated. The minimum size of this placard shall be 4-1/2 by 6 inches. The position of the signs in the crate, basket, or other container in which eggs are displayed shall be such that the grade and size of the eggs is plainly visible to customers at all times. Advertising of any other commodity may not be permitted on any egg container in which the advertising in any way: Might be representative of the grade or size of eggs; Misleads the consumer; Interferes with the legibility of the grade and size of the eggs. A descriptive term or labeling may not be used when eggs are offered for sale, exposed for sale, sold, or advertised for sale if the term or labeling is false or misleading, or is in violation of any provision of this chapter. A food service facility or retailer shall store, display, and transport shell eggs in the refrigerated area of a unit whose temperature is 45° or less. The standards of quality for individual shell eggs sold in Maryland shall be in accordance with the official standards of the U.S. Department of Agriculture, 7 CFR §56.200. The tolerances allowable for grades of shell eggs sold in Maryland shall be in accordance with the official standards of the U.S. Department of Agriculture for Consumer Grades AA, A, and B allowed at destination, 7 CFR §§56.216 and 56.217. The size (weight) classification for shell eggs sold in Maryland shall be in accordance with the official U.S. Department of Agriculture Weight Classes for eggs as follows: All advertising of eggs shall plainly and conspicuously indicate their proper grade and size classification and comply with the provision of Regulation .04F. Written “stop sale” orders may be issued when it is found that eggs are being sold, offered, or exposed for sale in violation of any of the provisions of law, or of any regulation promulgated pursuant to it. When a “stop sale” order has been issued, it shall be unlawful for anyone to remove either the eggs which are the subject of the order or the order, including copies of it, until ordered released by an authorized agent of the Department. Maryland Fancy. The following special grade of eggs of a standard superior to Grade A eggs for use on a voluntary basis for eggs produced in Maryland is established under the authority granted to the Secretary under Agriculture Article, §4-306, Annotated Code of Maryland: This grade of eggs shall be known as Maryland Fancy grade and the eggs shall be produced and packed in Maryland. The standard of quality for individual eggs shall be the same as the standard of quality of U.S. AA eggs. Final determination as to meeting the standard of quality for shell eggs shall be made by candling or other acceptable methods as determined by the Secretary. The weight classes for Maryland Fancy grade of eggs shall be expressed as minimum net weight for individual eggs at the rate per dozen as follows: Jumbo, 30 ounces; Extra large, 27 ounces; Large, 24 ounces; and Medium, 21 ounces. Maryland Fancy eggs shall be at least 90 percent of Fancy quality when packed, candled, and packed by the producer or other authorized egg processors in authorized sealed or otherwise approved cartons bearing name and address, date when candled, and registry number. The eggs allowed by tolerance when packed may not be below Grade A quality. A person may not pack the Maryland Fancy grade for sale without first applying for registration and being issued a registry number. Applications for registration and registry number identifying seals or approved egg cartons shall be made to the authorized agents of the Department. Registration may be revoked for due cause. Registrants shall be required to submit information on Department form “Special Grades Inspection” relative to production, handling, distribution, and sales of Maryland Fancy grade eggs and their egg producing and packing facilities inspected and approved by an authorized agent of the Department. The registrant agrees to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and such additional inspections as the Secretary deems necessary to assure compliance with this regulation. The annual registration fee for the marketing of Maryland Fancy grade eggs shall be $20 per year. Tolerances. A tolerance of 15 percent in quality will be allowed at the retail level. The eggs allowed by tolerance may not be below Grade A quality. There shall be no tolerance permitted for the size of eggs. Maryland Fresh. For those who desire to pack and sell eggs as Maryland Fresh, the eggs shall be produced and packed in Maryland and shall be of Grade A quality or better. The words “Maryland Fresh” can be used only in addition to the word Grade A. Those desiring to use the term “Maryland Fresh” shall first apply to the Department for permission and, upon furnishing the evidence relating to the origin of the eggs as outlined by the Secretary in the form “Special Grades Inspection” attached to these regulations, and upon approval of the egg producer and packing facilities following an inspection by an authorized agent of the Department, shall be issued a registry number. No one may sell, advertise, or represent any eggs as Maryland Fresh until a registry number is granted. Registry numbers shall be renewed each year and may be revoked for due cause. Any person or association making application to pack or sell eggs as Maryland Fresh shall reveal to the Department, on forms supplied by the Department, the sources from which their eggs are obtained, their volume of Maryland produced eggs, and the volume of Maryland Fresh eggs sold. An applicant shall agree to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and to conduct additional inspections as the Secretary considers necessary to assure compliance with this regulation. This regulation does not apply to a person who packs shell eggs that are sold for pasteurization. A packer, including a repacker, shall: Register with the Department as provided under Regulation .09 of this chapter; On cartons of eggs and cases of loose eggs, legibly print, as provided under §C of this regulation, using a color of permanent ink that contrasts with the container's background, the following: A notice requiring that eggs be refrigerated, The name and address of the distributor, packer, or repacker, The registration number of the packer and, if the eggs have been repacked, the registration number of the repacker, The lot designations of the eggs, The identity of the product as eggs, The classification (size or weight) of the eggs, The quantity of eggs, and The grade of eggs; On cases containing eggs packed in cartons (if the required information is printed on the cartons), using a color of permanent ink that contrasts with the container's background, legibly print on either end of the case where the handles are located: A notice requiring that eggs be refrigerated, The identity of the product as eggs, and The eggs' grade term and size (weight) classification. Manner of Printing Required Information. Eggs Packed in a Carton. If the eggs are packed in a carton, the packer shall print the information required under §B(2) of this regulation to be placed on a container as follows: Minimum Type Size of Printed Information. Unless otherwise provided under 21 CFR 101, the minimum type size shall be: For the net quantity statement, as provided under Table 1; For grade term and size (weight) classification of eggs, at least 3/8 inch in height; and For all remaining information, at least 1/16 inch in height. Where Information is to be Displayed. The identity of the product as eggs, the grade term and size (weight) classification of the eggs, and the quantity of eggs in weight or numerical count shall be placed on the carton's principal display panel. The lot designations of the eggs, the packer's or distributor's name and address, and the packer's registration number may be placed on either the carton's information panel or the principal display panel. A notice requiring that the eggs be refrigerated shall be placed on the carton's principal display panel unless the carton is a full view carton, in which case this notice may be displayed on the carton's information panel. Grade and Size. The exact grade and size shall be plainly printed in block letters. Abbreviations of any grade term or size (weight) classification is not permitted. Loose Eggs Packed in a Case. If loose eggs are packed in a case, the packer shall print the information required under §B(2) of this regulation to be placed on a container as follows: Minimum Type Size of Printed Information. Except for that information placed within official USDA identification stamps, all information shall be at least 3/8 inch in height. Where Information is to be Displayed. The required information shall be placed on either end of the case where the handles are located. Grade and Size. The exact grade and size shall be plainly printed in block letters. Cases Containing Eggs Packed in Cartons. On cases containing eggs packed in cartons, the packer shall print the information required under §B(3) of this regulation to be placed on a case, as follows: Minimum Type Size of Printed Information. Except for that information placed within official USDA identification stamps, all information shall be at least 3/8 inch in height. Grade and Size. The exact grade and size shall be plainly printed in block letters. Specifications. Packers, Including Repackers. For each business location where a person is operating as a packer, including a repacker, the person shall submit annually a completed application for registration on a form provided by the Department. Except as otherwise provided under §A(5) of this regulation, the Department shall issue a packer-applicant a certificate of registration if the person: Submits a completed application without any fraudulent or deceptive statements; Excluding a person operating only as a repacker, provides documentation that is satisfactory to the Department showing that the birds used to produce shell eggs meet the standards provided by COMAR 15.11.11.05A; Excluding a person operating only as a repacker, permits the Secretary to test the person's birds as provided under COMAR 15.11.11.05A during regular business hours if the Secretary has reason to believe the birds have been exposed to Salmonella enteritidis; Agrees to comply with any lawful direction the Secretary orders; Except as provided under §A(3) of this regulation, pays the $30 registration fee and any applicable inspection fee; and For the repacker only, provides documentation that is satisfactory to the Department showing that the eggs being packed for distribution or sale in Maryland originate only from packers who are currently registered with the Secretary. A packer who keeps 3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs only from those chickens shall register with the Secretary, but is exempt from paying the registration and inspection fees. A certificate of registration is effective for 1 year and, if during that year any of the following changes in status occur, the registrant shall notify the Department of the change within 15 calendar days of its occurrence: The Salmonella serotype enteritidis status of the flocks being used to produce shell eggs; The addition of birds or flocks to those identified in the original application for registration; and The corporate status, if the registrant is a corporation; The registrant's business location; and If a repacker, the addition of any packers from whom eggs are being obtained (give name and address) who had not been listed as a source of eggs in the original application for registration. The Department may suspend, revoke, or refuse to issue the certificate of registration of a person who packs shell eggs: If the person: Makes fraudulent or deceptive statements in the application for registration, Fails to comply with any of the regulations of this chapter or any lawful direction the Secretary orders, Refuses to permit the Secretary to test the person's birds as provided under COMAR 15.11.11.05A during regular business hours if the Secretary has reason to believe that those birds have been exposed to Salmonella enteritidis; If the person's birds have been exposed to Salmonella enteritidis and the person fails to comply with any lawful direction the Secretary orders; or If the person is a repacker and that person: Fails to provide the documentation required under §A(2)(f) of this regulation, or Distributes or sells eggs in violation of any lawful direction of the Secretary, or which originate from packers who are not currently registered with the Secretary. The requirements set forth in this regulation also apply to repackers. A repacker is considered to be a packer if the repacker is in the business of placing shell eggs in a case, carton, or container used to hold eggs for distribution or sale, and the new case, carton, or container into which the eggs are repacked becomes for those eggs the original case, carton, or container. A packer also includes a person who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to others in the distribution chain such as retailers and food service facilities, and not just consumers, as this limitation only was intended to exclude from this definition certain persons not in the business of packing eggs but who nevertheless place shell eggs into cartons, for example, consumers who are permitted by certain retailers to pack loose eggs into cartons. Distributors. For each business location where a person operates as a distributor, the distributor shall submit annually a complete application for registration on a form provided by the Department. Unless the Department has reason to deny registering a person as provided under §B(4) of this regulation, the Department shall register an applicant if the person: Submits an application without any fraudulent or deceptive statements; and Pays the $30 registration fee and any other fees required under this chapter. A certificate of registration is effective for 1 year, beginning on January 1 of each year and, if during that year there is a change in business location, the distributor shall notify the Department of this change within 15 calendar days of its occurrence. The Department may suspend, revoke, or refuse to issue a certificate of registration if the distributor: Does not meet the requirements of this chapter; or Violates any provisions of Agriculture Article, Title 4, Subtitle 3, Annotated Code of Maryland, or any of the regulations of this chapter, or any lawful direction the Secretary orders. Certain Packers Exempt. A packer who keeps 3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs only from these chickens is not required to submit a quarterly report or pay an inspection fee. Submission of Quarterly Report. For each business location from which eggs are sold or delivered to a retailer, food service facility, or consumer in Maryland, a packer or distributor shall submit a quarterly report, on a form provided by the Department, showing the number of eggs it has sold or delivered to those persons. Payment of Inspection Fee. With each quarterly report, the packer or distributor shall include the inspection fee due for that quarter, calculated at a rate of 8 cents per 30 dozen cases shown on the report. Quarterly Time Frames. The quarterly time frames on which a packer or distributor is to base its quarterly reports and the deadlines for submitting these reports and paying the appropriate inspection fee are as follows: First Quarter: January, February, and March—report and inspection fee due not later than April 30; Second Quarter: April, May, and June—report and inspection fee due not later than July 30; Third Quarter: July, August, and September—report and inspection fee due not later than October 30; Fourth Quarter: October, November, and December—report and inspection fee due not later than January 30. Imposition of Collection Fee. If the required inspection fee for a particular quarter is not paid within the time frame established under §D of this regulation for that quarter, 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. Packers and Distributors to Retain Information. For a period of 1 year following delivery of eggs, the packer or distributor, at each place of business or at a central location, shall keep on file accurate records showing the number of eggs sold to any person in Maryland. The packer or distributor shall allow the Department to inspect this information. For any flock from which eggs are derived to be sold or distributed in Maryland, a packer, excluding a person operating only as a repacker, shall maintain for a period of 1 year following disposition of that flock the following records: All records necessary to establish that the flock meets the requirements of COMAR 15.11.11.05A; If the flock was delivered, the date of delivery, and the name and address of the person who sold the birds; and If the flock was tested, the date the test occurred, and the results of that test. For the purpose of enforcing the regulations contained in this chapter, the Secretary may designate an agent of the Maryland Department of Health as the Secretary's representative. Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland Effective date: July 1, 1973 Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261) Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989 Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843 Chapter revised effective April 30, 1990 (17:8 Md. R. 977) Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675) Chapter revised effective June 20, 1994 (21:12 Md. R. 1063) Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318) “Department” means Maryland Department of Agriculture. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. Persons approved by the Secretary or his authorized representative to pack and sell eggs as Maryland Fresh or Maryland Fancy eggs as provided in the Maryland Egg Law and subject regulations shall be eligible to apply to the Department to use the appropriate insignia. Application to use the insignia shall be made, on an annual basis, on forms provided by the Department. Applicants shall submit the designs or art work for all cartons on which the insignia is to appear to the Department or its authorized representative before its use. The minimum width of the insignia on any egg carton shall be 1-1/2 inches. The insignia is to be reproduced on egg cartons in black printing on a gold background, except that other colors may be permitted if, in the opinion of the Secretary or his authorized representative, those colors are compatible with the design of the carton. Authorized users of the insignia will be required, from time to time, to make reports, on forms furnished by the Department, showing the volume of eggs packed and sold in cartons bearing the insignia and other related information. Any information obtained from these reports shall be kept confidential as to individual source but this may not prohibit the compilation and issuance of reports from the information required from a number of sources that does not disclose the identity of any single source. Authorization to use the insignia may be revoked or suspended by the Secretary or his authorized representative upon satisfactory proof that the user has violated any provision of the Agriculture Article of the Annotated Code of Maryland, Subtitle “Maryland Egg Law”. A person, corporation, partnership, or other business entity may not use the term “Maryland Fresh” or “Maryland Fancy” in the business or firm name, corporate title, trademark, trade name, or other nomenclature. Authorized insignia users may use the old or new insignia until January 1, 1976, unless otherwise suspended or revoked. After January, 1976, only the new insignia as reproduced below shall be used: Agriculture Article, §4-306, Annotated Code of Maryland Effective date: July 1, 1973 Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)