CHAPTER 142

An Act to amend and reenact §§ 8.1-764, 3.1-765, 3.1-767, 3.1-768, and
8.1-769 of the Code of Virginia; and to amend the Code of Virginta
by adding thereto sections numbered 8.1-763.14, 8.1-768.15, 8.1-768.16,
8.1-768.17, 3.1-769.1, 3.1-769.2, 3.1-769.8, 3.1-769.4, 3.1-770.1, 83.1-770.2,
and 8.1-770.8, relating to eggs and hatchery products. 5 ous

[S 203}

Approved March 7, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-764, 3.1-765, 3.1-767, 3.1-768, and 3.1-769 of the Code
of Virginia be amended and reenacted, and to amend the Code of Virginia
by adding thereto sections numbered 3.1-763.14, 3.1-763.15, 3.1-763.16,
8.1-763.17, 3.1-769.1, 3.1-769.2, 3.1-769.3, 3.1-769.4, 3.1-770.1, 3.1-770.2,
and 3.1-770.3 as follows:

§ 8.1-768.14. This article shall apply to the marketing of eggs
to consumers, institutional consumers and retailers.

§ 8.1-768.15. Definitions.—As used in this article, unless the con-
text clearly requires a different construction:

(a) “Eggs” mean eggs in the shell that are the product of domesti-
cated chickens.

(b) “Consumer” means any person who acquires eggs for consump-
tion in his own household and not for resale.

(c) “Institutional Consumer” means a restaurant, hotel, boarding
house, or any other business, facility, or place in which eggs are prepared
or offered as food for use by its patrons, residents, inmates or patients.

(d) ‘Retailer’ means any person who markets eggs to ultimate
consumers.
(e) “Market” means sell, offer for sale, give in the channels of
commerce, barter, exchange, or distribute t in any manner.

(f) “Person” means any individual, producer, firm, partnership,
exchange, association, trustee, receiver, corporation, or any other entity
and any member, officer, employee or agent thereof.

(9g) “Grade” means specifications defining the limits of variation
in quality of eggs in such a manner as to differentiate among classes
of eggs, and the letter, number, or other symbol by which references
thereto may be made.

(h) “Standard” means specifications of the physical character-
istics or any or all of the component parts of tndividual eggs.

§ 8.1-768.16. Standards, grades, and size-weight classes.—

(a) The Virginia Board of Agriculture and Commerce shall estab-
lish, and from time to time may amend or revise standards, grades, and
size-weight classes including standards for the term “ungraded” for
eggs marketed in this State. In administering this article, the Virginta
Department of Agriculture and Commerce shall have due regard for the
destrability or uniformity in the standards, grades, and size-weight
classes for eggs moving in intrastate and interstate commerce.

(b) Cracked or checked eggs labeled as “cracks” may be sold
only by producers or processors directly to consumers or for further
processing, excluding institutional consumers.

§ 8.1-768.17. Labeling and advertising.—No label, container, dis-
play, or advertisement of eggs shall contain incorrect, fraudulent, or mis-
leading representations. No person shall advertise eggs for sale unless
the unabbreviated grade and size-weight class, quality, or other required
terms are conspicuously designated in letters at least half as high as the
tallest letter in the word “eggs” or the tallest figure in the price, which-
ever ts larger.

§ 3.1-764. Requirements for eggs sold as fresh or with similar de-
scription. *** The term “fresh eggs,” or any legend, symbol, picture,
representation or device declaring or tending to convey the impression
that the eggs are fresh may be applied only to eggs meeting the require-
ments of Grade A quality or better as established by the Virginia Board
of Agriculture and Commerce for fresh eggs.

3.1-765. Certain producers exempt from law.—Producers selling
a total of 150 dozen eggs or less per week produced by their own hens,
or eggs purchased from other producers not to exceed 60 dozen * per
week * are exempt from this law provided all eggs are of edible quality
and of the quality as represented.

§ 3.1-767. Sale or offering for sale of inedible eggs.—The sale or
offering for sale of inedible eggs as defined in the * grades adopted by
the Commissioner of Agriculture and Commerce is prohibited except that
incubated eggs may be sold for commercial purposes other than for human
consumption provided such incubated eggs are marked, packaged, and
disposed of in a manner approved by the Commissioner.

§ 3.1-768. Enforcement of article; how eggs marked and quality
determined.—This article shall be enforced by the Commissioner of Agri-
culture and Commerce or his duly authorized agents and all eggs sold or
offered for sale except those exempted in §§ 3.1-765 and 3.1-766 of the
Code of Virginia shall be marked according to the * grades, * sizes,
quality, ungraded or cracked and/or other required terms adopted by the
Commissioner with the approval of the Board of Agriculture and * Com-
merce and shall conform to the standards established for the grade * size,
ungraded or cracked as labeled *. Official determination of the quality
of all eggs outlined in this article shall be by candling*.

§ 3.1-769. When seller to furnish invoice; what to appear there-
on.—Any person, firm or corporation selling or delivering eggs * to
restaurants, hotels, retail stores, bakeries or other institution purchasing
eggs for serving to guests, patrons, employees or inmates not exempt under
§ 3.1-765, shall furnish the purchaser with an invoice showing the name
and address of the seller and the quantity, grade and size of such eggs.
If the eggs are ungraded, such fact shall appear on the invoice. A copy
of such invoice shall be retained by the seller and purchaser for not
less than thirty days.

§ 8.1-769.1. Sanitation and related matters.—

(a) Any person, firm, or corporation assembling, transporting, proc-
essing, holding, or offering for sale eggs of Grade A quality or better
shall maintain the internal temperature of the eggs not to exceed 65 de-
grees Fahrenheit and provide a satisfactory relative humidity. In addt-
tion, any container, including the packaging material therein or associated
therewith, shall be clean and free from foreign odor.

(b) The Virginia Board of Agriculture and Commerce shall by rules
and regulations, provide for the keeping, processing, transporting, and the
sale of eggs under sanitary conditions.

(c) Nothing in this article or in any rules or regulations of the
Virginia Board of Agriculture and Commerce shall be construed to exempt
any persons or premises from the application thereto of any laws other-
wise applicable and relating to the operation of establishments or facil-
ities for the storing, transporting, sale, distribution, preparation, or serv-
ing of food.

§ 8.1-769.2. Stop sale and seizure.—

(a) If after inspection, the Virginia Department of Agriculture
and Commerce determines that any eggs are being offered, displayed,
stored, processed, or transported in violation of this article, the Virginia
Department of Agriculture and Commerce may issue a stop sale order
as to such eggs directed to the owner or custodian thereof. Such order
shall specify the reason for its issuance and shall detail the character
of the violation. No. eggs to which a stop sale order applies shall be
marketed until and unless the order has been withdrawn. The Virginia
Department of Agriculture and Commerce shall withdraw a stop sale
order only upon its determination that the conditions leading to the
issuance of the order have been corrected.

(b) Whenever the public interest requires, the Virginia Depart-
ment of Agriculture and Commerce may take possession or custody of the
eggs against which a stop sale order has been issued and may commence
proceedings for the seizure thereof. Upon seizure and proof of violation,
the eggs shall be disposed of in such manner as may be consistent
with the public safety and interest. The owner or custodian of the eggs
shall not be entitled to any compensation or damages on account of such
seizure or disposition.

§ 3.1-769.8. Right of entry.—The Commissioner of Agriculture
and Commerce, acting by any duly authorized officer, employee, or agent,
may enter during normal business hours on or into any premises or any
vehicle wherein eggs are bought, stored, sold, offered for sale, processed,
or transported, or wherein the Commissioner of the Virginia Depart-
ment of Agriculture and Commerce has reason to believe that any such
activity is carried on, in order to inspect and examine eggs, egg containers,
any equipment, facilities or records pertinent to the conduct of activities
subject to this article or rules or regulations implementing the same,
or to ascertain the state of compliance with any order issued by the Vir-
ginta Department of Agriculture and Commerce pursuant to this article.

§ 8.1-769.4. Rule making.—The Virginia Board of Agriculture and
Commerce may make and amend, from time to time, such rules and
regulations as may be necessary to administer and implement this article.
Such rules and regulations shall be published and made available in ac-
cordance with the General Administrative Agencies Act.

§ 8.1-770.1. Injunction—The Virginia Department of Agriculture
and Commerce acting by the Attorney General or local prosecutor may
enforce any provision of this article or any rule or regulation issued
pursuant thereto by injunction.

§ 8.1-770.2. Remedies not exclusive.—The institution of proceed-
ings for the application of any remedy available pursuant to this article,
or the issuance of any order on account thereof, or the imposition or any
fine or penalty pursuant to this article shall not operate as a bar or
limitation to the application of any other remedy available pursuant to
this article or any other applicable law.

§ 3.1-770.8. Judicial review.—Any determinations of final actions
of the Virginia Department of Agriculture and Commerce taken pursuant
to or under color of this article shall be reviewable in accordance with
the General Administrative Agencies Act except that orders issued pur-
suant to § 8.1-769.2 (a) and the taking possession or custody of eggs or
containers of eggs pursuant to § 3.1-769.2 (b) shall have the status of
emergency actions necessary for protection of the public health and shall
not be subject to injunction or stay.