A.R.S. tit. 3 ch. 5 — Arizona Revised Statutes Title 3 Chapter 5 — 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 or consignee and any other person acting on the express or implied authority of another person. 2. "Associate director" means the associate director of the division. 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. "Carton" means an egg carton as used in commercial practice in the United States. 5. "Case" means a standard thirty-dozen egg case as used in commercial practice in the United States. 6. "Consumer" means a person who buys eggs for use as food and not for resale in any form. 7. "Container" means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case. 8. "Dealer" means any person who contracts for 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. 9. "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. 10. "Division" means the animal services division of the Arizona department of agriculture. 11. "Egg products": (a) Means eggs that are removed from the shell in a liquid, frozen, dried or freeze-dried state. (b) May consist of whole eggs, yolks, whites or any blend of yolk and white, with or without additives, if eggs are the main ingredient. 12. "Eggs" means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. 13. "Expiration date" means: (a) For eggs that are marked grade AA, 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 includes the date the eggs were candled. (b) For eggs that are marked grade A, the words "best by" or "use by" followed by a date, including the month and day, that is not more than forty-five days after the eggs were candled and includes the date the eggs were candled. 14. "Grade" means classified as to quality and applies to a dozen, case, lot or load of eggs. 15. "Half case" means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States. 16. "Inspector" means an egg inspector who is appointed or assigned pursuant to section 3-709. 17. "Manufacturer" means a person that is 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. 18. "Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded. 19. "Mislabel" means the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation on eggs or on a carton, container or subcontainer of eggs, or on the label or lining or wrapper thereof, or on the outward end of the case, or on a placard or sign used in connection therewith, or in connection with any display having reference to eggs. 20. "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. 21. "Person" includes an individual, household, firm, corporation, company or association. 22. "Processed" means that the shell has been treated with oil or another preservative preparation. 23. "Producer" means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state. 24. "Producer-dealer" means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, 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. 25. "Quality" means the inherent properties of any product that determine its relative degree of excellence. 26. "Retailer" means a person that 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 that buys egg products to use in the preparation of other consumer foods for resale. 27. "Sell" includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade. 28. "Size" means classified as to weight. 29. "Standard" means the quality specifications for a single egg. 30. "Subcontainer" means a container that is used within another container. 31. "Supervisor" means the supervisor of egg inspection or the supervisor's authorized representative. 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 by weight 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; egg inspectors 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; state preemption; egg promotion program A. The department may acquire and distribute to interested persons useful information relative to preparing for market, handling, purchasing, transporting, storing and marketing eggs and egg products, including demonstrating 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 change definitions of terms and grades as they are made and promulgated by the United States department of agriculture. C. On request of the United States government, and others, the director may negotiate and sign cooperative agreements to provide inspection and grading services and charge and receive payment for the reasonable cost of such services. The monies received for such services shall be deposited in the state egg inspection trust fund established by section 3-717. 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 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 under this article is neglect of duty. The director shall make and enforce such rules as the director deems necessary to carry out this article. G. An inspector may enter and inspect any place or conveyance within this state over which the inspector has supervision where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices and eggs and the cases and containers of the eggs 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, while enforcing this article, may 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. I. The department may prescribe minimum standards for egg processing plants and sanitary standards for processing shell eggs. The department shall establish these standards by rule. Chemicals used in egg processing plants, sanitizers used in egg processing, egg soaps, egg oil and other substances used in processing shell eggs are subject to the approval of the director. J. The director shall adopt rules for poultry husbandry and the production of eggs sold in this state. This subsection does not apply to egg producers operating or controlling the operation of an egg ranch that has fewer than twenty thousand egg-laying hens producing eggs. K. Consistency of poultry husbandry practices for the production of eggs is a statewide matter. The regulation of poultry husbandry practices related to the production of eggs is not subject to further regulation by a county, city, town or other political subdivision of this state. L. The director may: 1. Establish an egg promotion program to provide certification, inspection and grading services and may prescribe, by rule, fees for those services. Except as provided in paragraph 3 of this subsection, monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717. 2. Adopt rules to administer the egg promotion program, including participation guidelines, use requirements for department trademarks and certification marks and other rules the director deems necessary. 3. Conduct inspections to ensure compliance with the trademark and certification mark rules adopted pursuant to this subsection. The monies collected from fees for an inspection conducted pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717. 3-712. Sampling; methods; sample as evidence 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 from possession 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 by dealers; 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 in the state egg inspection trust fund. H. Such inspection fees and penalties shall be collected by civil action filed by the county attorney. 3-717. State egg inspection trust fund A. All fees provided by this article shall be paid to the department, which shall issue a receipt for such fees. The department shall deposit the full amount in a special fund known as the state egg inspection trust fund. The trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural programs established by this article. B. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury pursuant to sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund. C. The beneficiaries of the trust are the agricultural programs established by this article. The trust fund shall be used exclusively for the purposes of this article on the order of the director. D. Monies deposited in the state egg inspection trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund. 3-718. Sale of eggs; invoice; deterioration of eggs 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 other containers; 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-state products; 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 egg products 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 to ship; 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; procedure for 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 or county 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.