Law:Division 12. Poultry, Rabbits, Eggs, And Egg Products (California)

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Contents

Part 1. Poultry And Rabbits

Chapter 1. General Provisions

Article 1. Application

Ca Codes (fac:24501-24502) Food And Agricultural Code Section 24501-24502



24501. The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.


24502. The provisions of Chapters 1 (commencing with Section 24501), 2 (commencing with Section 24651), and 3 (commencing with Section 24951), of Part 1 of Division 12 are not applicable to any poultry plant, or poultry product subject to requirements of plant sanitation and poultry meat product wholesomeness as provided in Chapter 4 (commencing with Section 18651) of Part 3 of Division 9.


Article 2. Investigations

Ca Codes (fac:24521) Food And Agricultural Code Section 24521



24521. The director may make any necessary investigations relative to reported violations of this part, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.


Article 3. Civil Remedies

Ca Codes (fac:24541) Food And Agricultural Code Section 24541



24541. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation of any provision of this part has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or regulation which is duly issued by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.


Article 4. Poultry Regulations And Inspections

Ca Codes (fac:24561-24563) Food And Agricultural Code Section 24561-24563



24561. Notwithstanding any provisions of law to the contrary, the director may adopt by regulation standards and requirements equal to those of the Poultry Products Inspection Act (71 Stat. 441, 21 U.S.C. 451, et seq. as amended by the Wholesome Poultry Products Act, Pub. Law 90-492), including, but not limited to, standards and requirements of inspection, sanitation, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration, and labeling. The regulations shall not be less restrictive than state statutory requirements. The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States to enforce such standards and requirements in this state.


24562. Regulations adopted pursuant to this article or pursuant to Section 24681 or Section 24991 shall conform, so far as practicable, to the rules, regulations and standards of the United States Department of Agriculture which govern the inspection, preparation, and processing of poultry meat and poultry meat food products.


24563. If slaughtering or carcass preparation or processing of poultry meats and poultry meat products is conducted in an establishment where state inspection is maintained at hours considered overtime for state employees or on legal holidays, the owner or operator of the establishment shall, by contract or agreement with the department, make arrangement to defray the additional cost for salaries and expenses for persons employed by the department to conduct the necessary poultry meat inspection work during the overtime periods. Moneys collected pursuant to this section shall be deposited in the General Fund.


Chapter 2. Plant Sanitation

Article 1. Definitions

Ca Codes (fac:24651-24661) Food And Agricultural Code Section 24651-24661



24651. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


24652. "Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.


24653. "Growing poultry" means feeding and caring for poultry.


24654. "Marked" means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or the name and address of the distributor in California for whom, the poultry meat was slaughtered, prepared, packed, or repacked, cut up or recut, or handled.


24655. "Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation.

24656. "New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl, with the head, feet, and entrails intact.


24657. "Poultry" means domesticated fowl and domesticated rabbit which are intended for use for human food.


24658. "Poultry meat" means the carcass of poultry or any part of such carcass.


24659. "Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or otherwise prepared for human food.


24660. "Producer" means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.

24661. "Sanitary" means free from unnecessary dirt, filth, and contamination and free from any other substance or organism which is known to be injurious to human health.


Article 2. General Provisions

Ca Codes (fac:24681-24685) Food And Agricultural Code Section 24681-24685



24681. The director shall adopt regulations for carrying out this chapter.

24682. No regulation which requires alterations in poultry plants or changes in equipment shall be effective until six months after the date on which the director gives notice to the persons that are licensed pursuant to this chapter.

24683. The director shall furnish to each person that holds a license, or makes application for a license, a copy of the regulations which are adopted pursuant to this chapter.


24684. The director may bring an action to enjoin the violation or threatened violation of this chapter or any regulation which is adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur.


24685. Any proceeding pursuant to Section 24684 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.


Article 3. Exemptions

Ca Codes (fac:24711-24714) Food And Agricultural Code Section 24711-24714



24711. This chapter does not apply to a poultry plant which is operated under the sanitary regulations of the Consumer and Marketing Service of the United States Department of Agriculture.


24712. This chapter does not apply to poultry meat which bears the official mark of a city, county, or state poultry plant inspection service for sanitation outside of the state which has requirements equal to those which are provided for by this chapter if such out-of-state requirements have been approved by the director. If, however, any packing, repacking, or cutting up or recutting is done, except in a retail store or public eating house, in this state it shall be done in a poultry plant which is licensed pursuant to this chapter.

24713. (a) This chapter does not apply to a poultry plant where poultry which was produced on the premises is slaughtered if the poultry meat which is derived from the poultry is sold by the producer in any of the following ways: (1) At retail upon the premises. (2) At retail off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers' market. (b) As used in this section, "producer" includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.


24714. This chapter does not apply to a poultry plant where poultry is slaughtered, dressed, and sold upon the premises where it was produced for purposes other than resale, if the entire poultry meat output of the producer is so sold.


Article 4. Licenses

Ca Codes (fac:24741-24751) Food And Agricultural Code Section 24741-24751



24741. A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter.


24742. Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall be in such form as the director may prescribe.

24743. The application for a license shall be accompanied by the license application fee.


24744. The application fee is forty dollars ($40) for a license for one year for each poultry plant which the applicant desires to operate.

24745. The license application fee shall be paid to the director with each application for a license or for the renewal of a license.


24746. A license or a license renewal shall be issued by the director for a period of one year from the last day of the month in which it is issued.

24747. Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date of the expiration of the license.


24748. A penalty fee of ten dollars ($10) shall be assessed upon all renewal applications that are not received by the department on or before the expiration date of the license for which the renewal is required.

24749. Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or disapprove the plans and specifications within 30 days.

24750. The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of, or failure to comply with, any provision of this chapter or any regulation which is adopted pursuant to it, or for any violation of, or failure to comply with, Section 25091.


24751. Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter.


Article 5. Sanitation

Ca Codes (fac:24771-24772) Food And Agricultural Code Section 24771-24772



24771. A person shall not do any of the following: (a) Operate a poultry plant which is not sanitary. (b) Operate a poultry plant in a manner or under conditions which are not sanitary.


24772. After each day's operation, a poultry plant and its outer premises shall be promptly cleaned in the manner which is prescribed by the regulations.


Article 6. Marks And Labels

Ca Codes (fac:24801-24802) Food And Agricultural Code Section 24801-24802



24801. This article does not apply to New York dressed fowl until November 1, 1967.


24802. Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it.


Article 7. Violations

Ca Codes (fac:24831) Food And Agricultural Code Section 24831



24831. It is unlawful for any person to do any of the following: (a) Violate any provision of this chapter or any regulation which is adopted pursuant to it. (b) Operate a poultry plant without a license. (c) Mislabel poultry meat.


Chapter 3. Poultry Meat Inspection For Wholesomeness

Article 1. Definitions

Ca Codes (fac:24951-24963) Food And Agricultural Code Section 24951-24963



24951. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


24952. "Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.


24953. "Growing poultry" means feeding and caring for poultry.


24954. "Marked" means plainly, legibly, and conspicuously labeled, tagged, stenciled, or branded pursuant to this chapter and any regulations which are adopted pursuant to it.


24955. "Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive designation.

24956. "New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl with the head, feet, and entrails intact.


24957. "Poultry" means domesticated fowl or domesticated rabbit which is intended for use for human food.


24958. "Poultry meat" means the carcass of poultry or any part of such carcass.


24959. "Poultry meat inspector" means a person who after examination and demonstration has been issued a license by the director to inspect poultry meat for wholesomeness.


24960. "Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place, except a retail store or eating place, where poultry meat or poultry meat food products are cooked, cured, smoked, cut up, recut, packed, or repacked, or otherwise prepared for human food.


24961. "Producer" means a person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.

24962. "Regulations" means regulations which are adopted by the director to carry out the provisions of this chapter.


24963. "Wholesome" means that the poultry or poultry meat is free from all of the following: (a) Physical evidence of any disease which is injurious to human health. (b) Diseases or conditions which have rendered or would render the poultry meat unsuited for human food. (c) Serious destruction of the flesh by disease or injury. (d) Contamination by any substance which is injurious to human health.


Article 2. General Provisions

Ca Codes (fac:24991-24997) Food And Agricultural Code Section 24991-24997



24991. The director shall adopt regulations for carrying out this chapter.

24992. The regulations may include standards for poultry meat food products. The standards shall conform, so far as possible, to the standards which are adopted by the United States Department of Agriculture that pertain to the preparation and processing of poultry meat food products and the poultry meat which is used in such products.


24993. The director shall furnish to each person that holds a license which is issued pursuant to this chapter, or that makes an application for a license, a copy of the regulations.


24994. The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or the regulations which are adopted pursuant to it in the superior court in and for the county in which the violation occurred or is about to occur.


24995. Any proceeding pursuant to Section 24994 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.


24996. The director may inspect, reinspect, or order the reinspection of any poultry meat or poultry meat food product which is being processed or stored in a plant that is licensed under this part. He shall condemn or order the condemnation of any such poultry meat or poultry meat product and poultry meat food product which is found to be unwholesome.


24997. If an action of an inspector in condemning any poultry meat or poultry meat product is questioned, appeal by the licensed plant operator may be made to the immediate supervisor of the inspector, and from his or her decision appeal may be made to the Chief of the Bureau of Meat and Poultry Inspection whose decision is final.


Article 3. Exemptions

Ca Codes (fac:25021-25024) Food And Agricultural Code Section 25021-25024



25021. This chapter, except Section 25128, does not apply to poultry meat which has been inspected and passed for wholesomeness by the United States Department of Agriculture if the immediate container or carcass of the poultry meat bears the official wholesomeness inspection mark of such department at the time of sale. If, however, any cooking, curing, smoking, packing, repacking, cutting up or recutting is done in this state, except in a retail store or public eating house, it shall be done in a poultry plant under federal or state inspection.

25022. This chapter, except Section 25128, does not apply to poultry meat which bears the official mark of a city, county, or state poultry meat inspection service for wholesomeness in another state which has requirements equal to those provided for in this chapter, if such out-of-state requirements have been approved by the director.


25023. (a) This chapter does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if the poultry meat is sold by the producer in any of the following ways: (1) At retail on the premises. (2) At retail by the producer of the poultry meat off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers' market. (b) As used in this section, "producer" includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.


25024. This chapter does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is produced for purposes other than resale, if the entire poultry meat output of the producer of such poultry is so sold.


Article 4. Meat Inspector Licenses

Ca Codes (fac:25051-25062) Food And Agricultural Code Section 25051-25062



25051. A person shall not act as a poultry meat inspector unless he has a license which is issued pursuant to this chapter.


25052. Each person before acting as a poultry meat inspector shall apply to and receive from the director a license to inspect poultry meat.

25053. The application fee for a license is ten dollars ($10).


25054. Every license shall expire on the last day of the calendar year for which it is issued.


25055. Application for renewal of a license accompanied by a fee of five dollars ($5) shall be made on or before the last day of the calendar year for which the license was issued.


25056. To any fee which is not paid when due, there shall be added a penalty of five dollars ($5).


25057. If a license lapses for two calendar years, it is not subject to renewal. Any application for the renewal of such license shall be considered a new application.


25058. The director shall, after the written and oral examination and demonstration which are prescribed by Section 25059, issue to any person who passes the examination and is otherwise qualified a license to inspect poultry meat for wholesomeness. If an applicant for a license to inspect poultry meat does not take such examination within one year after the date of the receipt of his application by the director, his application expires.


25059. The written and oral examination and demonstration which are required by Section 25058 shall show the applicant's ability to understand laws and regulations which pertain to poultry meat inspection and his knowledge of all of the following: (a) Conditions which affect wholesomeness in poultry meat and poultry meat products. (b) The anatomy of poultry. (c) Routine processing techniques and equipment which are used in poultry processing plants, and poultry plant sanitation.


25060. The director shall, from time to time, arrange for the conducting of schools of instruction for poultry meat inspectors.


25061. The director may, after hearing, refuse to issue a license or renew a license and he may suspend or revoke any license for any violation of, or failure to comply with, any provision of this chapter or the regulations which are adopted pursuant to it. The director may suspend temporarily, pending hearing, any license for any willful or deliberate violation.


25062. Any proceedings under Section 25061 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of the Government Code. The director shall have all the powers which are granted in that chapter.


Article 5. Requirements For Inspection

Ca Codes (fac:25091-25095) Food And Agricultural Code Section 25091-25095



25091. A person shall not operate a poultry plant unless all the poultry meat in the poultry plant is inspected by a poultry meat inspector pursuant to the regulations.


25092. The poultry meat inspector shall inspect, pursuant to the regulations, and classify any poultry meat, poultry meat product, or poultry meat food product which is presented for inspection into one of the following classes: (a) Wholesome. (b) Retained for further inspection. (c) Condemned for human food.


25093. The poultry meat inspector shall apply or direct the application of the proper marks, as determined by regulation.


25094. All poultry meat which is condemned for human food shall be disposed of pursuant to the regulations.


25095. Poultry meat may be passed for further processing in a plant which is licensed pursuant to this part.


Article 6. Marks And Labels

Ca Codes (fac:25122-25128) Food And Agricultural Code Section 25122-25128



25122. Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is required by this chapter and the regulations which are adopted pursuant to it.

25123. A poultry meat inspector shall place or cause to be placed a mark on each carcass or container of poultry meat before the poultry meat is removed from a poultry plant.


25124. The marks which are required by this article are in addition to those required by Section 24802 but may be in combination with such marks.

25125. The director shall determine by regulation the official design of the marks which are required by this article.


25126. Each poultry plant shall submit samples of the proposed method of use of the design of a mark to the director. The method shall be approved by the director before it is used.


25127. It is unlawful for any person to sell or mark as inspected for wholesomeness any poultry meat that has not been inspected and passed for wholesomeness pursuant to this chapter and regulations which are adopted pursuant to it.

25128. It is unlawful for any person, other than the consumer of poultry meat, to remove from any whole carcass of poultry meat, or from any part of a dismembered carcass of poultry meat, any official wholesomeness inspection mark of the United States Department of Agriculture, or of any city, county, or state poultry meat inspection service. As used in this section, "consumer" includes a restaurant or other place where such poultry meat is cooked and sold for consumption on or off the premises.


Article 7. Violations

Ca Codes (fac:25151) Food And Agricultural Code Section 25151



25151. It is unlawful for any person to violate any provision of this chapter, or any regulations which are adopted by the director pursuant to this chapter.


Part 2. Classification Of Poultry And Rabbit Meat

Chapter 1. Definitions

Ca Codes (fac:25401-25412) Food And Agricultural Code Section 25401-25412



25401. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.


25402. "Class" means a division of poultry meat which is based on essential physical characteristics which with the weights differentiate between uses of the meat.


25403. "Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.


25404. "Growing poultry" means feeding and caring for poultry.


25405. "Marked" means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded, in the manner which is prescribed by regulations of the director, to show the class of poultry meat.

25406. "Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign or other descriptive designation.

25407. "New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a whole fowl with the head, feet, and entrails intact.


25408. "Poultry" means domesticated fowl and domesticated rabbit which is intended for use for human food.


25409. "Poultry meat" means the carcass of poultry or any part of the carcass, except the giblets. It does not include live poultry or processed poultry meat.


25410. "Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place where poultry meat is cut up, recut, packed or repacked, or otherwise prepared for human food.


25411. "Processing" means the commercial manufacturing of products of poultry meat by any method of cooking. It also includes all of the following: (a) Cutting up into pieces smaller than the customary parts such as, in the case of poultry, necks, breasts, wings, backs, legs, thighs, or similar and identifiable portions of the carcass. (b) Complete deboning of poultry meat.


25412. "Producer" means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.


Chapter 2. General Provisions

Ca Codes (fac:25551-25566) Food And Agricultural Code Section 25551-25566



25551. The director shall adopt regulations for carrying out this part.

25552. The director shall enforce this part where any poultry meat is packed, repacked, cut up, or recut.


25553. The director and the commissioners of each county, under the supervision of the director, shall enforce this part where any poultry meat is offered for sale or sold.


25554. An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced, prepared, packed, repacked, cut up, recut, stored, delivered for shipment, loaded, shipped, transported, or sold. (b) Inspect all poultry and poultry meat and any container of poultry or poultry meat which is found at the place or conveyance which is entered and inspected. (c) Take for inspection such representative samples of the poultry, poultry meat, or containers as may be necessary to determine whether or not this part has been violated.


25555. Any enforcing officer may, while enforcing this part, seize or hold as evidence all or any part of any lot of poultry meat which is found to be in violation of this part as may in his judgment be necessary to obtain the conviction of the party he knows or believes has violated or is violating any provision of this part.


25556. Any lot of poultry meat which does not comply in all respects with the provisions of this part and the regulations which are adopted pursuant to it is a public nuisance.


25557. Any enforcing officer who has reason to believe that any lot of poultry meat does not comply in all respects with this part, may hold the lot pending proceedings to condemn and abate it as a public nuisance pursuant to this chapter.


25558. The officer may affix to any lot which is held pursuant to Section 25557 a tag or notice which warns that the lot is held and states the reasons for which it is held. It is unlawful for any person, except an authorized enforcing officer, to detach, alter, deface, or destroy any such tag or notice which is affixed to any such lot, or remove or dispose of such lot in any manner or under conditions other than as prescribed by such tag or notice, except upon written permission of an authorized enforcing officer or by the order of a court.

25559. The officer by whom any lot of poultry meat is held shall cause a notice of noncompliance to be served upon the person in possession of the lot. The notice of noncompliance shall include a description of the lot, the place where and the reasons for which it is held, and shall give notice that the lot is a public nuisance and subject to disposal pursuant to this chapter, unless within a specified time the lot is reconditioned or the deficiency otherwise corrected so as to bring it into compliance.


25560. If the person served is not the sole owner of the lot of poultry meat, or does not have authority as agent for the owner to bring the lot into compliance, such person shall notify the officer by whom such lot is held, in writing, of the names and addresses of the owner and every other person that is known to him to claim an interest in the lot. Any person served is liable for any loss sustained by such owner or other person whose name and address he has knowingly concealed from such officer.


25561. If the lot of poultry meat is not reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time which is specified in the notice, the enforcing officer shall cause a copy of the notice of noncompliance to be served upon every person that is designated in writing by the person in possession of the lot to be the owner or to claim an interest in it.

25562. Any notice which is required by this chapter may be served personally or by mail addressed to the person to be served at his last known address.

25563. The enforcing officer, with the written consent of every person that is served, may destroy the lot of poultry meat or otherwise abate the nuisance. If any such person fails or refuses to give such consent, the enforcing officer shall proceed as provided in Sections 25564 and 25565.


25564. If the lot of poultry meat that is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to destroy the lot or otherwise abate the nuisance. The petition shall show the condition of the lot, that the lot is situated within the county, that the lot is held, and that notice of noncompliance has been served pursuant to this chapter. The court may thereupon order that the lot be forthwith destroyed or the nuisance otherwise abated as set forth in the order. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure.


25565. If the lot of poultry meat which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot to the director. Within five days from the receipt of such report, the director may file a petition in the superior court in the county where the lot is situated for an order to show cause, returnable in five days, why the lot should not be abated. The owner or person in possession of the lot of poultry meat, on his own motion within five days from the expiration of the time specified in the notice of noncompliance may file a petition in such court for an order to show cause, returnable in five days, why the lot should not be released to petitioner and any warning tags previously affixed removed from it. Final determination by court in either case shall be within a period of not to exceed 20 days from the date the petition is filed.


25566. The court may enter judgment ordering that the lot of poultry meat be condemned and destroyed in the manner directed by the court or relabeled, denatured, or otherwise processed, or sold or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. If the poultry meat is sold by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the owner.


Chapter 3. Exemptions

Ca Codes (fac:25701-25704) Food And Agricultural Code Section 25701-25704



25701. This part, except Section 26008, does not apply to poultry meat or a container of poultry meat which is marked with the official class as prescribed by the Consumer and Marketing Service of the United States Department of Agriculture; if such official class marking meets the requirements of this part.


25702. This part, except Section 26008, does not apply to poultry meat which is marked as to a class that is officially approved by another inspection service whose requirements for class markings meet the requirements of this part.

25703. (a) This part does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if the poultry meat is sold by the producer in any of the following ways: (1) At retail upon the premises. (2) At retail off of the premises, either direct to consumers at their homes or at a retail stand which is operated by the producer in a farmers' market. (b) As used in this section, "producer" includes only an individual producer who does not employ, except in unforeseeable exigencies, any person except members of his or her immediate family.


25704. This part does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is produced for purposes other than resale, if the entire poultry meat output of the producer of such poultry is so sold.


Chapter 4. Poultry And Rabbit Meat Classes

Ca Codes (fac:25851-25857) Food And Agricultural Code Section 25851-25857



25851. The classes of the kinds of poultry meat are as established in this chapter and any regulations which are adopted by the director pursuant to Section 25857.


25852. The classes of chicken meat, as determined by inspection of appearance and other physical characteristics, are as follows: (a) "Rock Cornish game hen" or "Cornish game hen" means a young immature chicken of either sex (usually five to six weeks of age) which weighs not more than two pounds ready-to-cook weight that was prepared from a Cornish chicken of the progeny of a Cornish chicken crossed with another breed of chicken. (b) "Broiler" or "fryer" means a young chicken (usually under 16 weeks of age) of either sex, that is tender-meated, with soft, pliable, smooth-textured skin, and flexible breastbone cartilage. (c) "Roaster" means a young chicken (usually under eight months of age) of either sex, that is tender-meated, with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than that of a broiler or fryer. (d) "Caponette," "caponette fryer," or "caponette roaster" means a young chicken with the general characteristics of either a fryer or roaster which has been treated with a hormone approved by the Food and Drug Administration of the United States Department of Health, Education and Welfare. (e) "Capon" means an unsexed male chicken (usually under 10 months of age), that is tender-meated with soft, pliable, smooth-textured skin. (f) "Hen" or "stewing chicken" or "fowl" means a mature female chicken (usually more than 10 months old) with meat less tender than that of a roaster, and nonflexible breastbone. (g) "Stag" means a male chicken (usually under 10 months of age) with coarse skin, somewhat toughened and darkened flesh, and considerable hardening of the breastbone cartilage. Stags show a condition of fleshing and a degree of maturity intermediate between that of a roaster and a cock or old rooster. (h) "Cock" or "old rooster" means a mature male chicken with coarse skin, toughened and darkened meat, and hardened breastbone.


25853. The classes of turkey meat as determined by appearance are as follows: (a) "Fryer" or "roaster" means a young, immature turkey (usually under 16 weeks of age) of either sex, that is tender meated with soft, pliable, smooth-textured skin, and flexible breastbone. (b) "Young turkey" means a turkey (usually under eight months of age) that is tender meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a turkey fryer or roaster. For labeling purposes, the designation of sex within the class name is optional. (c) "Yearling hen turkey" means a fully matured female turkey (usually under 15 months of age) that is reasonably tender meated and with reasonably smooth-textured skin. (d) "Yearling tom turkey" means a fully matured male turkey (usually under 15 months of age) that is reasonably tender meated and with reasonably smooth-textured skin. (e) "Mature turkey" or "old turkey (hen or tom)" means an old turkey of either sex (usually in excess of 15 months of age) with coarse skin and toughened flesh.


25854. The classes of rabbit meat as determined by appearance and weight are as follows: (a) "Rabbit fryer" means a young, domestic rabbit (usually under 12 weeks of age) with tender, fine-grained, and bright pearly white color which may be properly cooked by broiling or frying and which weighs not less than 1 1/2 pounds or over 3 1/2 pounds ready-to-cook weight. (b) "Rabbit roaster" means a domestic rabbit (over 12 weeks of age) which may be properly cooked by roasting, and which weighs 3 1/2 to 5 pounds ready-to-cook weight. (c) "Stewing rabbit" means a mature domestic rabbit of either sex (over six months of age) which may be properly cooked by stewing at any ready-to-cook weight.

25855. The following are the various classes of ducks: (a) "Duckling" means a young duck of either sex (usually under 10 weeks of age) that is tender meated and has a bill that is not completely hardened and windpipe that is easily dented. This classification may include broilers, fryers, or roasters. (b) "Duck" means a mature duck or an old duck (usually over 10 weeks of age) of either sex with toughened flesh, hardened bill, and a hardened windpipe.

25856. The following are the various classes of geese: (a) "Young goose" means a goose of either sex which is tender meated, and has a windpipe that is easily dented. (b) "Mature goose" or "old goose" means a goose of either sex which has toughened flesh and a hardened windpipe.


25857. The director may, by regulation, adopt any necessary new class designations and class specifications or modifications of existing class designations and class specifications. He shall, in exercising such authority, take into consideration the standard class designations and class specifications promulgated by the United States Department of Agriculture.


Chapter 5. Requirements

Ca Codes (fac:26001-26008) Food And Agricultural Code Section 26001-26008



26001. A person shall not pack, repack, cut up, recut, or sell poultry meat unless all carcasses and the parts of carcasses are placed in classes established pursuant to this part. The provisions of this section, except those which require that poultry, poultry meat, or carcasses be placed in classes and marked to show the class of poultry meat, do not apply to New York dressed fowl until November 1, 1967.


26002. Except as otherwise provided in Sections 26003, 26004, 26005, and 26006, a person shall not pack, repack, cut up, recut, or sell poultry meat unless each carcass or its wrapper or, in the case of cut-up poultry or poultry parts, the container is marked, in the manner which is prescribed by regulations of the director, to show the class of poultry meat.


26003. The provisions of Section 26002, except those which require that poultry, poultry meat, or carcasses be placed in classes and marked to show the class of poultry meat, do not apply to New York dressed fowl until November 1, 1967.

26004. Individual carcasses of poultry meat or packages of cut-up poultry or poultry parts need not be marked with class designation in any of the following cases: (a) If they are prepared for use by institutions or public eating houses. (b) If they are prepared for use for processing. (c) If they are prepared for transportation or being transported to a plant for further preparation or packaging, and packaged in shipping containers which hold several carcasses or packages of such poultry. Each shipping container shall be clearly and conspicuously marked with the proper designation of class, and of the intended use, in letters at least one-half of an inch in height, on a surface which is readily visible to the purchaser.


26005. Poultry parts which are displayed for sale to consumers in bulk without being packaged or wrapped, shall be segregated as to class of poultry meat. The class or classes shall be designated upon a placard which clearly identifies the poultry parts which are designated by the placard in a clear and conspicuous manner that is readily visible to the purchaser.


26006. Cut-up poultry meat which consists of all of the parts of a carcass, prepared, packaged, and offered for sale shall be from only one class of poultry meat. Containers of poultry parts of different classes, shall be marked to indicate the classes and the quantity of each.

26007. If a class of any kind of poultry meat contains two or more designations, any combination of the designations may appear in the class marking which is required by this chapter.


26008. (a) It is unlawful for any person to sell any whole carcass of chicken poultry meat unless such carcass, or the immediate package or other container in which it is sold, is plainly, legibly, and conspicuously labeled, stamped, tagged, or branded to show the name and address of the poultry plant where the chicken was slaughtered or the name of the state in which the chicken was grown or raised. (b) Chicken poultry meat which is sold to institutions, to restaurants, or to processors for processing, may bear the label which is required in subdivision (a) of this section on each shipping container in lieu of individual carcass labeling.


Chapter 6. Violations

Ca Codes (fac:26151) Food And Agricultural Code Section 26151



26151. It is unlawful for any person to violate any provision of this part or any regulation which is adopted pursuant to it.


Part 3. Poultry

Chapter 1. General Provisions

Article 1. Application

Ca Codes (fac:26401) Food And Agricultural Code Section 26401



26401. The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.


Article 2. Investigations

Ca Codes (fac:26421) Food And Agricultural Code Section 26421



26421. The director may make any necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.


Article 3. Civil Remedies

Ca Codes (fac:26441) Food And Agricultural Code Section 26441



26441. The Attorney General shall, upon complaint by the director, or may upon his own initiative if after examination of the complaint and evidence he believes a violation of any provision of this part has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or any regulation duly issued by the director pursuant to it. Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director is not, however, required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.


Chapter 2. Sale, Possession, And Transportation

Article 1. Definitions

Ca Codes (fac:26551-26554) Food And Agricultural Code Section 26551-26554



26551. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


26552. "Dealer" includes any person that is operating as a poultry retailer, poultry wholesaler, butcher, slaughterer, poultry packer, poultry buyer, or poultry commission merchant.


26553. "Place of business" includes any place or building in which, or at which, the business of a poultry dealer is conducted. Any group of buildings used as an integral part of one business shall be considered as one place of business.

26554. "Poultry" includes chickens, ducks, geese, turkeys, and all other fowls or birds which are used for food or production purposes.


Article 2. General Provisions

Ca Codes (fac:26581) Food And Agricultural Code Section 26581



26581. This chapter only applies to the sale, purchase, or marketing of poultry in any county of this state and to the transportation of poultry in, through, or between any county or counties of this state.


Article 3. Transportation

Ca Codes (fac:26601-26604) Food And Agricultural Code Section 26601-26604



26601. Any person that offers poultry for shipment shall furnish a statement of ownership or right of possession of such poultry to the person, carrier, or transportation company which is to transport such shipment. The statement shall be kept as part of the record of the person, carrier, or transportation company that transports such shipment.


26602. Any person, carrier, or transportation company which receives for transportation or transports any poultry shall at all times keep a correct record which shows all of the following: (a) The point of origin and destination of any shipment of poultry. (b) The names and addresses of the shipper and consignee. (c) The kind and quantity of poultry transported.


26603. All peace officers, sheriffs or deputy sheriffs, members or officers of the California Highway Patrol and traffic officers may arrest, without warrant, any person that is found moving poultry in any manner which is not prescribed by this chapter, and may seize the poultry.

26604. The carrier from whom the poultry is seized pursuant to Section 26603 is not liable or responsible to the owner, shipper, or consignee for the seizure.


Article 4. Resale

Ca Codes (fac:26631) Food And Agricultural Code Section 26631



26631. Any dealer or person that handles poultry for resale shall make and retain a record which shows all of the following: (a) The origin, ownership, and right of possession of the poultry. (b) The name and address of the seller or shipper of the poultry.


Article 5. Brands

Ca Codes (fac:26651-26652) Food And Agricultural Code Section 26651-26652



26651. It is unlawful for any person to brand, or to alter or deface the brand on, any poultry with intent to steal it or to prevent identification of the poultry by the true owner.


26652. It is unlawful for any person to have in his possession any poultry the brand on which has been altered or defaced unless he received it from the true owner of the poultry.


Article 5.5. Fresh Poultry

Ca Codes (fac:26661) Food And Agricultural Code Section 26661



26661. (a) (1) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall advertise, hold out, distribute, or sell as "fresh" any poultry or poultry meat whose internal temperature has been below 26 degrees Fahrenheit. (2) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall label as "fresh" any poultry or poultry meat whose internal temperature has been below 26 degrees Fahrenheit. (3) No poultry or poultry meat that is distributed or sold as "fresh" shall be stored or handled in such a manner that it reaches an internal temperature below 26 degrees Fahrenheit. (4) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat may sell or distribute poultry or poultry meat if it is adulterated, misbranded, or if its labeling is false or misleading in any particular. (b) No poultry retailer is guilty of a violation of subdivision (a) or of the regulations adopted pursuant to subdivision (c) unless the poultry retailer engages, with actual knowledge, in an act prohibited by subdivision (a). (c) The secretary may adopt regulations reasonably necessary for carrying out this section, and those regulations shall be, insofar as possible, consistent with regulations adopted by the United States Department of Agriculture. (d) Each prohibition in subdivision (a) stands alone and if any prohibition in subdivision (a) has been held, or in the future is held, to be unconstitutional, preempted by federal law, or otherwise invalid by any court, all of the other prohibitions set forth in subdivision (a) are intended to, and shall remain, fully effective and shall be interpreted to exclude the unconstitutional, preempted, or otherwise invalid prohibition or prohibitions. If any sentence, clause, word, or portion of this section is for any reason held to be unconstitutional, preempted by federal law, or otherwise invalid, that holding shall not affect the remaining portions of this section. The Legislature hereby declares that it would have enacted this section and each sentence, clause, word, or portion thereof despite the fact that one or more sentences, clauses, words, or portions of this section may be held unconstitutional, preempted by federal law, or otherwise invalid.


Article 6. Violations

Ca Codes (fac:26681) Food And Agricultural Code Section 26681



26681. Any person that violates any provision of this chapter is guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not exceeding two hundred dollars ($200), or by imprisonment not exceeding six months in the county jail, or by both such fine and imprisonment.


Chapter 3. Poultry Meat Containing Spoilage Retardant Compound

Article 1. Definitions

Ca Codes (fac:26801-26803) Food And Agricultural Code Section 26801-26803



26801. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


26802. "Poultry" means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.

26803. "Spoilage retardant compound" means any compound, drug, or antibiotic which is added to poultry meat which retards or limits spoilage. Seasonings, spices, or flavorings, such as salt or smoke, are not chemical preservatives.


Article 2. General Provisions

Ca Codes (fac:26831-26832) Food And Agricultural Code Section 26831-26832



26831. The director shall adopt regulations for carrying out this chapter.

26832. The director shall enforce this chapter where any poultry meat is packed, repacked, cut up, or recut. The director and the commissioners of each county, under the supervision of the director, shall enforce this chapter where any poultry meat is sold.


Article 3. Regulations

Ca Codes (fac:26861-26862) Food And Agricultural Code Section 26861-26862



26861. Before being offered for either wholesale or retail sale, any whole carcass of poultry meat to which a spoilage retardant compound has been added shall be marked to indicate the retardant which was used. Such marking shall be affixed to the whole carcass of poultry meat or on the package in which it is offered for sale.


26862. No whole carcass of poultry meat shall be sold unless it is conspicuously and accurately marked in accordance with the requirements of this chapter.


Article 4. Violations

Ca Codes (fac:26981) Food And Agricultural Code Section 26981



26981. Any person that violates any provision of this chapter or any regulation which is adopted pursuant to this chapter is guilty of a misdemeanor.


Chapter 4. Immersion Of Rabbit Carcasses

Ca Codes (fac:26991) Food And Agricultural Code Section 26991



26991. It is unlawful for any person to immerse or soak the carcass of any slaughtered rabbit in water for a period longer than necessary to eliminate the natural animal heat in the carcass and in no event for a period longer than 2 1/2 hours.


Chapter 5. Moisture Content Of Poultry Meat

Article 1. Definitions

Ca Codes (fac:27001-27003) Food And Agricultural Code Section 27001-27003



27001. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


27002. "Poultry" means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.

27003. "Poultry meat" means the carcass of poultry or any part of the carcass in the raw state. It does not include poultry meat food products.


Article 2. General Provisions

Ca Codes (fac:27031-27034) Food And Agricultural Code Section 27031-27034



27031. The director shall enforce this chapter.


27032. The director may adopt such regulations as are reasonably necessary for carrying out this chapter.


27033. The regulations which are adopted by the director shall be, insofar as possible, similar to and consistent with regulations which are adopted by the United States Department of Agriculture.


27034. An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced, prepared, packed, repacked, cut up, recut, stored, delivered for shipment, loaded, shipped, transported, or sold. (b) Inspect all poultry and poultry meat and any container of poultry or poultry meat which is found at the place or conveyance which is entered and inspected. (c) Take for inspection such representative samples of the poultry or poultry meat and the poultry and poultry meat containers as may be necessary to determine by laboratory analysis or other tests whether or not this chapter has been violated.


Article 3. Limitations

Ca Codes (fac:27061) Food And Agricultural Code Section 27061



27061. It is unlawful for any person to sell poultry meat which contains added moisture in excess of 4 percent by weight, or in excess of any greater amount that may be established by regulations of the director as necessary in good commercial processing techniques consistent with protection of the interests of the consuming public.



Article 4. Violations

Ca Codes (fac:27081) Food And Agricultural Code Section 27081



27081. It is unlawful for any person to violate any provision of this chapter or any regulation which is adopted pursuant to it.


Chapter 6. California Grown Poultry

Article 1. Definitions

Ca Codes (fac:27201-27203) Food And Agricultural Code Section 27201-27203



27201. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.


27202. "Poultry" means domesticated fowl that is intended for use for human food. It includes chickens, game hens, turkeys, ducks, geese, and other domesticated birds.


27203. "Poultry meat" means the carcass of poultry or any part of the carcass. It does not include live poultry or manufactured products in which poultry is not the main ingredient.


Article 2. Marks And Labels

Ca Codes (fac:27231-27232) Food And Agricultural Code Section 27231-27232



27231. Before being offered for retail sale in this state, poultry meat of poultry that was grown or raised in this state may be advertised, labeled, described, sold, marked, or otherwise held out, with the words "California grown," or other similar language indicating that the meat is from California grown or raised poultry.


27232. (a) Poultry meat of poultry that was not grown or raised in this state and packages of that meat shall not be advertised, labeled, described, sold, marked, or otherwise held out as "California grown," or in any way as to imply that the meat is from California grown or raised poultry. (b) It is unlawful for any person to violate this section. (c) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code, and a false or misleading statement under Section 17500 of the Business and Professions Code.


Part 4. Eggs And Egg Products

Chapter 1. Eggs

Article 1. Definitions And General Provisions

Ca Codes (fac:27501-27523) Food And Agricultural Code Section 27501-27523



27501. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.


27502. "Agent" includes bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee, and any other person that is acting upon the express or implied authority of another.


27503. "At retail" means a sale or transaction between a retailer and a consumer.


27503.5. "California egg" means an egg produced in this state.


27504. "Candling" means the examination of the interior of eggs by use of a transmitted light.


27505. "Cold storage eggs" means eggs which have been in cold storage for a period of more than 30 days.


27506. "Committee" means the Shell Egg Advisory Committee.


27507. "Consumer" means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking and not for resale in the shell.


27508. "Container" means any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.


27509. "Deceptive" means any arrangement of the contents of any container, or subcontainer, or of any lot, load, or display, in which the eggs in the outer layer or in any portion exposed to view are in quality, size, condition, or in any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part thereof as to size, quality, condition, or any other respects.


27510. "Egg handler" means a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise. This section shall not apply to any purchaser who is a retailer and who does not handle eggs in any other capacity, except as a retailer.


27510.1. "Producer" means a person engaged in the business of producing eggs from domesticated fowl for human consumption, who is not in the business of candling, grading, packing, sorting, or otherwise preparing shell eggs for market, marketing, or processing eggs into egg products.


27511. "Egg meats" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption.


27512. "Egg products" means egg meats.


27513. "Eggs" means eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.


27514. "Incubated eggs" means eggs which have been in the course of incubation, whether natural or artificial.


27515. "Incubator rejects" means incubated eggs.


27516. "Marked" means plainly, legibly, and conspicuously labeled, stamped, stenciled, printed, or branded.


27517. "Mislabel" means the presence of any false, deceptive, or misleading mark, term, statement, design, device, inscription, or any other designation upon any eggs or upon any container or subcontainer of eggs, or upon the label, lining, or wrapper thereof, or upon any placard or sign used in connection therewith, or in connection with any bulk lot or display having reference to eggs.


27518. "Retailer" means any person who sells eggs to a consumer.


27519. "Shell eggs" means eggs.


27519.5. "Shipped egg" means an egg that is produced outside the State of California and shipped into the state for purposes of resale or use by a direct user.


27520. "Subcontainer" means any container when being used within another container.


27521. The purposes of this chapter are as follows: (a) To assure that healthful and wholesome eggs of known quality are sold in this state. (b) To facilitate the orderly marketing of shell eggs in a uniform manner. (c) To prevent the marketing of deceptive or mislabeled containers of eggs.

27522. "Eggs that are packaged for export" means those eggs destined for conveyance to any location outside the United States or its territories.

27523. "Eggs that are packaged for interstate commerce" means those eggs destined for sale outside the state.


Article 2. Regulations

Ca Codes (fac:27531-27534) Food And Agricultural Code Section 27531-27534



27531. The director may adopt regulations relating to the preparation for market and marketing of shell eggs as he or she determines are reasonably necessary to carry out the purposes of this chapter. The regulations may include any of the following: (a) The establishment of grade standards including minimum quality and minimum size. (b) Pack specifications. (c) Marking requirements. (d) Sampling procedures for enforcement purposes. (e) Control and disposition of substandard lots. (f) Use of registered brands and containers, including transportation. (g) Requirements for displays and advertising. (h) Procedures for the registration of shell egg handlers. (i) Procedures for the collection of registration fees and assessments. (j) Procedures for the development and collection of data pertaining to egg production, number of chickens, and other information as recommended by the committee. (k) Any other matter necessary for the accomplishment of the purposes of this chapter.

27532. The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards promulgated by the United States Department of Agriculture contained in Title 7, Code of Federal Regulations, Section 2856.216.


27533. Regulations adopted pursuant to this chapter relating to egg shell surveillance inspection shall be consistent with any federal standards or procedures promulgated by the United States Department of Agriculture on that subject.

27534. The director shall adopt regulations by which eggs which do not meet the size or appearance standards generally required for marketing but which are healthy for consumption may be sold directly to consumers for their own family use.


Article 3. Registration Of Egg Handlers

Ca Codes (fac:27541-27542) Food And Agricultural Code Section 27541-27542



27541. Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs into California, shall register with the secretary. A new registration shall be submitted if any current information changes.


27542. The certificate of registration shall not be transferable to any person, or be applicable to any location other than the location for which originally issued, and shall be conspicuously displayed at such location.


Article 4. Assessment Fees

Ca Codes (fac:27551-27555) Food And Agricultural Code Section 27551-27555



27551. The following persons shall pay to the secretary a maximum fee of five cents ($0.05) for each 30 dozens of eggs sold as provided below: (a) California egg handlers shall pay the fee on all egg sales from their own production, on eggs purchased or acquired from California egg producers, and on eggs processed into egg products. California egg handlers shall not pay a fee on eggs purchased from out-of-state egg handlers or egg producers. (b) California egg producers shall pay the fee on all egg sales to anyone not registered under this chapter as an egg handler, to out-of-state purchasers, and to egg breaking plants. (c) Out-of-state egg handlers and producers shall report and pay the fee on egg sales into California sold to a retailer, producer, handler, or breaking plant. (d) Shipments of eggs which are accompanied by a United States Department of Agriculture certificate of grade and sold to the federal government or its agencies are exempt from these fees. (e) Eggs sold to household consumers on the premises where produced from a total flock size of 500 hens or less are exempt from these fees. (f) The assessment provided for in this section shall only be paid once on any particular egg.


27552. The fees provided in Section 27551 are maximum fees and may be established at a lower rate by the director at any time the funds derived from such assessment are more than reasonably necessary to cover the cost of administration and enforcement of this chapter, including the maintenance of a reasonable reserve fund for such purposes.


27553. The secretary may, by regulation, prescribe the frequency of payment of assessments, the procedures for payment, the procedures for refunds of payment, and penalties for late payment. However, the department may triple the assessment for any eggs for which the required payment has not been made by the established due date. If a triple assessment is less than five hundred dollars ($500), the assessment shall be five hundred dollars ($500).


27554. The moneys which are received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used only for the administration and enforcement of this chapter, including, but not limited to, payments to commissioners pursuant to Article 5 (commencing with Section 27561). The moneys are exempt from the provisions of Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code.


27555. The director may assess a special fee upon egg handlers who use descriptive terms on egg containers that require laboratory analysis to verify the terms. This fee shall be used for laboratory analysis necessary for label approval and continued surveillance for compliance with the descriptive terms.


Article 5. Administration And Enforcement

Ca Codes (fac:27561-27566) Food And Agricultural Code Section 27561-27566



27561. (a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter. (b) The commissioners of each county, their deputies, and qualified inspectors, under the supervision and control of the director, shall enforce this chapter and the regulations which are adopted by the director pursuant to this chapter. (c) Except as provided in Sections 27581 and 27601, and any of the violations enumerated in paragraph (1) of subdivision (a) of Section 27671, before any state or local official may commence legal prosecution of a handler based on a violation of this chapter, or the regulations adopted pursuant to this chapter, the handler shall be given an opportunity for a hearing with respect to the alleged violation. The director shall establish, with the advice of the committee, a policy manual which sets forth procedures for providing notice to a person charged with the violation, and for conducting the hearing. The policy manual is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

27562. (a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of this chapter, including, but not limited to, uniformity of inspection in all counties. (b) To make the determination for purposes of subdivision (a), the director shall determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to counties where point-of-origin inspections are performed pursuant to Section 27593. The director shall also determine the amount of funds generated by the fees collected pursuant to Article 4 (commencing with Section 27551) that shall be distributed to those counties that choose to enter into an agreement with the director to perform inspections of retail operations upon request pursuant to Section 27594.


27563. Within 90 days after the end of each fiscal year, the commissioner of a county shall submit, in the form prescribed by the director, a statement to the director which shows the expenditures of funds in the enforcement and administration of this chapter for that fiscal year. Such statement shall be subject to audit by the director.


27564. Each fiscal year the director shall prepare a statement which shows the receipt and expenditure for each county as well as those funds expended by the director during the fiscal year of funds provided for in this chapter. The director shall, upon written request of any person who is financially interested in the inspection work which is conducted pursuant to this chapter, forward a copy of such report to any such person.


27565. The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.


27566. If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement, as determined by the director, the director shall provide these services and expend that county's share of the assessment fees for the proper enforcement of this chapter, in lieu of the reimbursement to such counties pursuant to Sections 27554 and 27562.


Article 6. Shell Egg Advisory Committee

Ca Codes (fac:27571-27574) Food And Agricultural Code Section 27571-27574



27571. (a) The secretary shall appoint a Shell Egg Advisory Committee consisting of seven members, six of whom shall be selected by the secretary from egg handlers and be representative of the egg industry. The secretary shall appoint two alternates who may serve in the absence of any of the six egg handler representatives. The California Agricultural Commissioners and Sealers Association shall annually designate one of its members who shall serve in a nonvoting capacity as the seventh member of the committee. The secretary may appoint one additional member on the committee, who shall be a public member. The members of the committee shall receive no salary. (b) Upon the secretary's request, the committee shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the committee. The secretary may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the secretary, the committee shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.


27571.1. It is hereby declared, as a matter of legislative determination, that egg handlers appointed to the Shell Egg Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

27572. The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee shall be for three years. Appointment of the first voting members shall be made so that the term of office for two voting members shall expire at the end of one year, two at the end of two years, and two at the end of three years. Thereafter, appointments for the voting members shall be for full three-year terms.

27573. The committee shall be advisory to the Secretary of Food and Agriculture on all matters pertaining to standards for shell eggs. The committee may advise on: (a) Quality of shell eggs. (b) Recommendations concerning sampling. (c) Uniformity of inspection. (d) Adjustment of fees for proper administration and enforcement. (e) Annual budget for the administration and enforcement of this chapter and all matters pertaining to this chapter or regulations adopted pursuant thereto. (f) Components of the Egg Quality Assurance Plan, a voluntary food safety program, that are consistent with and promote the purposes of this chapter.


27574. The committee shall meet at the call of its chairman, the director, or at the request of any three members of the committee. The committee shall meet at least once a year. Necessary expenditures incurred by the committee members in attending committee meetings may be reimbursed in accordance with Department of Personnel Administration rules.


Article 7. Civil Penalties And Remedies

Ca Codes (fac:27581-27582) Food And Agricultural Code Section 27581-27582



27581. The director may bring an action to enjoin any violation or any threatened violation of this chapter or any regulations adopted pursuant to this chapter in the superior court in the county in which the violation occurred or is about to occur. Any proceeding pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

27581.2. In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section 27671, the director may bring a civil action pursuant to Sections 27581 and 27581.4.


27581.4. (a) The director may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed one thousand dollars ($1,000). (b) Any money recovered under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose.


27581.9. A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is completed and the appropriate documents have been submitted to the director, as determined by the director, the action shall be commenced within one year of that submission.


27582. Except as provided in Section 27601, the director shall commence any civil action based on a violation of this chapter, and the regulations adopted pursuant to this chapter, which shall be limited to the remedies provided for in this chapter.


Article 8. Powers Of Enforcing Officers

Ca Codes (fac:27591-27600) Food And Agricultural Code Section 27591-27600



27591. Any enforcement officer may do any of the following: (a) Enter and inspect any place or conveyance within the county or district over which he has supervision, where any eggs are produced, candled, incubated, stored, packed, prepared, delivered for shipment, loaded, shipped, transported, or sold. (b) Inspect the eggs and their containers and equipment which are found in any place or conveyance which he is authorized to enter and inspect. (c) Take for inspection and hold as evidence, if necessary, representative samples of the eggs and containers, for the purpose of determining whether or not any provision of this chapter or regulation adopted by the director pursuant to this chapter has been violated.


27592. Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all or any part of any pack, load, lot, consignment, or shipment of eggs which are packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this chapter or any regulation adopted pursuant to this chapter.


27593. A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that the eggs inspected meet all applicable regulations. The inspections performed under this section shall include inspections at shell egg packing plants and major distribution points. Regulations adopted to implement this section shall be developed in consultation with the Shell Egg Advisory Committee.


27594. (a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request of a retailer or a consumer. The director, or the commissioner under the direction and supervision of the director, may also perform this inspection when he or she has probable cause to believe that a violation of this chapter, or a regulation adopted thereunder, is presently occurring or has recently occurred. (b) In addition, retail inspection for monitoring purposes may be conducted by the commissioners.


27595. The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle or other means of transportation, or to any eggs not previously available for inspection in California unless accompanied by a federal certificate of grade, whether or not the eggs are exempt from the standards, and serve a disposal order upon the owner or person that has custody or possession of any load or lot.

27596. The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer at destination which confirms that disposition, shall be in the form which is specified by, and provided by, the director.


27597. The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the consignee at the destination which is specified in the order and shall then release the load or lot and countersign the disposal order receipt so given to him or her. He or she shall immediately forward the receipt to the enforcing officer who served the disposal order.


27598. It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person or destination which is shown on the disposal order, unless he or she is specifically authorized in writing to do so by an enforcing officer.


27599. It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of the load or lot by the enforcing officer at the point of destination. This section does not, however, make it unlawful for any person to unload and store any eggs which are subject to a disposal order.


27600. It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or for any purpose except the manner or purpose for which the disposal order was issued, unless the person is specifically authorized in writing to do so by an enforcement officer.


Article 9. Abatement

Ca Codes (fac:27601) Food And Agricultural Code Section 27601



27601. Upon the request of the director or an authorized representative, the district attorney of the county in which the eggs and their containers which are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance. Upon judgment and by order of the court, the eggs and their containers which are a public nuisance shall be condemned and destroyed in the manner which is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated. If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal. If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil case. A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties which may be assessed by reason of the public nuisance against the owner of eggs and their containers which are found to be a public nuisance.


Article 10. Samples

Ca Codes (fac:27611) Food And Agricultural Code Section 27611



27611. Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in the examination of which the sample was taken. The presumption established by this section is a presumption affecting the burden of proof.


Article 11. Shippers And Transporters

Ca Codes (fac:27621) Food And Agricultural Code Section 27621



27621. Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the eggs are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter. Any person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading, or other writing given to the shipper of any eggs, to reject for shipment and to return to, or hold at the expense and risk of, such shipper, all eggs which, upon inspection, are found to be not in conformity with any provision of this chapter or regulation adopted pursuant to this chapter. A person, forwarding company, or common carrier that transports any eggs at the request of the shipper or owner of the eggs does not violate any provisions of this chapter or regulation, unless such person, forwarding company, or common carrier willfully fails or refuses to stop the transportation of the eggs with reasonable dispatch after being notified in writing by an enforcing officer of this chapter or regulation adopted pursuant to this chapter that such eggs are found to be delivered for shipment in violation of this chapter or regulation adopted pursuant to this chapter.


Article 12. Unlawful Acts, General

Ca Codes (fac:27631-27644) Food And Agricultural Code Section 27631-27644



27631. It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of this chapter.


27632. It is unlawful for any person to mark any eggs which were not produced in this state "Produced in California" or represent them in any manner to be a product of this state.


27633. It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing with Section 27541).


27634. It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user is entitled to use the name, trademark, or trade name.

27635. It is unlawful for any person 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, unless the containers and subcontainers of the eggs are marked with, or a sign, placard, or other inscription otherwise indicates fully, the species of fowl from which the eggs were produced.


27636. It is unlawful for any person to sell as "fresh eggs," "ranch eggs," or "farm eggs," or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days.

27637. It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, weight, condition, source, origin, or any other matter relating to eggs which is false, deceptive, or misleading in any particular.


27638. It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter.

27639. It is unlawful for any person to do any of the following: (a) Refuse to submit any eggs or any container, subcontainer, lot, load, or display of eggs to the inspection of any enforcement officer. (b) Refuse to stop, at the request of any enforcement officer, any vehicle which is transporting eggs.

27640. It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed or to remove the warning tag, hold card, or notice from the place where it may be affixed, except upon written permission, or upon the specific direction of an enforcement officer.


27641. It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell unless the eggs and their containers conform to all of the requirements of this chapter or any regulation adopted pursuant to this chapter.


27642. It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for human consumption unless they have been denatured and the containers are labeled in one-inch letters "Not for human consumption."


27643. (a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with all of the following requirements: (1) At an average ambient temperature of 45 degrees Fahrenheit, or lower. (2) At a temperature equal to or less than the temperature requirement for holding, storing, transporting, or displaying eggs established by regulations of the United States Department of Agriculture in Title 7 of Part 56 of the Code of Federal Regulations governing the grading of shell eggs. (b) Retail outlets that are regulated by this chapter, except for retail outlets located in shell egg packing or distribution facilities, are exempt from subdivision (a). (c) Certified farmers' markets, as defined in Section 113745 of the Health and Safety Code, are not required to comply with subdivision (a). (d) Transport vehicles may exceed the 45 degree Fahrenheit maximum temperature required pursuant to subdivision (a) when eggs are either being loaded into the transport vehicle or unloaded from the transport vehicle. A transport vehicle shall be deemed to be in compliance with subdivision (a) if the transport vehicle is equipped and has in operation when eggs are in the transport vehicle a refrigeration unit delivering air at a temperature of 45 degrees Fahrenheit or lower.


27644. (a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met: (1) The consumer container is plainly, legibly, and conspicuously labeled "KEEP REFRIGERATED" or with words of similar meaning. Consumer container labeling that complies with the safe-handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph. (2) A conspicuous sign is posted at the point of sale for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase. (b) Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following: (1) (A) The words "Sell-by" immediately followed by the month and day in bold type, for example "June 30" or "6-30." Common abbreviations of months shall be permitted. (B) The sell-by date shall not exceed 30 days from the date on which the eggs were packed, excluding the date of packing. (C) If the eggs are repacked but not regraded, the original sell-by date shall apply. (2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed. (3) The identification number of the plant of origin. (c) This section does not apply to eggs that are packaged for export. Paragraph (1) of subdivision (b) does not apply to eggs that are packaged for interstate commerce or eggs that are packaged for military sales. (d) All eggs returned from grocery stores, store warehouses, and institutions shall not be reprocessed for retail shell egg sales. (e) (1) For the purposes of paragraph (3) of subdivision (b), the department, in consultation with the Shell Egg Advisory Committee, shall establish a plant identification numbering system and assign identification numbers to all egg handling facilities. (2) For the purposes of complying with paragraph (3) of subdivision (b), an egg handling facility that is inspected by the United States Department of Agriculture, and to which a federal plant identification number has been assigned, may use the federal identification number, the identification number assigned by the department, or both.


Article 13. Ungraded Eggs

Ca Codes (fac:27651-27652) Food And Agricultural Code Section 27651-27652



27651. It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.


27652. During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any retailer, consumer, or institution consumer, eggs which were produced upon the premises of the producers which are ungraded as to size and quality, and any retailer may sell such eggs to any consumer or institution consumer. Each container of eggs which is so sold and all invoices which relate to the eggs shall both: (a) Be clearly marked "emergency, ungraded." (b) Bear the name and address of the producer.


Article 14. Registered Brands

Ca Codes (fac:27661-27669) Food And Agricultural Code Section 27661-27669



27661. Every egg handler shall register with the director each brand name which is intended for use by the handler on a master container of eggs, other than a container made of corrugated fiber.


27662. It is unlawful for a brand registrant or his authorized agent or employees to pack eggs into a master container which does not bear the registrant's brand, or to transport or sell eggs in such container.

27663. Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else, shall, at his or her own expense, return the container to the registered owner within 30 days. This section does not apply to the operator of a retail store who is not otherwise an egg handler.


27664. Every person who operates a container exchange business for master containers of eggs shall obtain a license from the director.


27665. The director shall issue licenses to persons engaged in the container exchange business for master containers of eggs pursuant to such regulations as the director deems necessary to protect the shell egg industry.

27666. Every licensee shall file with the director the name and address of each person or firm that has contracted to use the exchange services, and shall return all containers bearing a registered brand to the registered owner within 30 days after receipt.


27667. A licensee may sell containers which do not have a registered brand, and the ownership of which cannot be determined, to egg handlers. The handlers shall apply a registered brand before use. The licensee shall keep a record of each sale for a period of two years. All records required to be maintained by a licensee shall be made available to the director upon request.


27668. The director may suspend or revoke any license for failure to comply with the provisions of Sections 27664, 27666, or 27667 or regulations adopted by the director relating to activities which must be licensed pursuant to this article.


27669. It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting eggs and containers of eggs to and from farms where eggs are produced, to receive or transport any container which is marked with a brand that is registered pursuant to this chapter or regulation unless such carrier has in its possession a bill of lading or invoice which shows all of the following: (a) The name and address of the consignor. (b) The name and address of the consignee. (c) The number of containers. (d) The brand which appears on the containers.


Article 15. Criminal Punishment And Procedure

Ca Codes (fac:27671-27690) Food And Agricultural Code Section 27671-27690



27671. (a) The following persons are guilty of a misdemeanor: (1) Any person who violates Section 27632, 27638, 27639, 27640, or 27672. (2) Any person who commits a second or subsequent violation of this chapter, or any regulation adopted pursuant to this chapter, that is the same as a prior violation. (3) Any person whose intentional violation of this chapter, or regulations adopted pursuant to this chapter, resulted, or reasonably could have resulted, in the creation of a hazard to human health or the environment, or in the disruption of the marketing of eggs. (b) Any person guilty of a misdemeanor as provided in this section is punishable as follows: (1) In any case of willful or intentional violation, by imprisonment in the county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both. (2) In any case which does not involve willful or intentional violation, by a fine not to exceed one thousand dollars ($1,000). Any prosecution for a violation of this chapter or any regulation adopted pursuant to this chapter may be instituted in any county where any part of the offense occurred. Any evidence which is taken by any enforcement officer in any county may be admitted in evidence in any prosecution in any other county.


27672. It is unlawful for any person to fail to appear in court at the time and place designated in any written promise to appear given after arrest pursuant to this chapter or any regulation adopted pursuant to this chapter, regardless of the disposition of the offense originally charged.


27673. Unless a person who is arrested for the transportation of eggs in violation of any provision of this chapter or any regulation adopted pursuant to this chapter demands the right of an immediate appearance before a magistrate, the procedures as prescribed in Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the Penal Code shall be followed.


27680. If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs of any person registered under this chapter at that location shall be subject to inspection by the department as the department considers necessary. The department may contract with another agency of state government or with a state department of agriculture or other similar agency where the out-of-state registrant is domiciled to conduct the inspection.


27681. A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an out-of-state registrant fails to pay the expenses before the 11th day on which the registrant received an invoice from the department, the department may do any of the following: (a) Automatically cancel the person's registration. (b) Deny a registration to any person who is connected with a person whose registration is canceled because of a violation of this section. (c) Issue an order to stop the sale of all eggs shipped into California from the registrant.

27682. The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following: (a) The actual and necessary expenses, not to exceed the state's per diem, for food, lodging, and local transportation of the inspector and the cost of the least expensive available space round-trip airfare from Sacramento to the location to be inspected. (b) Any contract fees charged to perform the inspection by another state agency or an agricultural agency in the state where the registrant is domiciled.


27683. The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is inspected in an area during an inspection trip, the expenses of the trip shall be divided proportionately among the registrants based upon the amount of time spent on each registrant's audit.


27684. The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into California pay the appropriate fees as required by Section 27551.

27685. Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall file with the department the name of an agent in this state who is authorized to receive service of process in actions by the state or the department in the enforcement of this chapter.


27686. All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.


27687. (a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer first securing the required registration and being current on the payment of the appropriate fees, the department shall issue and enforce an order to stop the sale of the eggs. (b) A person may not sell eggs on which a stop-sale order has been issued until the department determines that the eggs and the handler or producer are in compliance with this chapter. Eggs that are in compliance with this chapter, but for which the handler or producer have not secured the required registration and paid the appropriate fees, may only be sold or moved under the specific direction of the secretary. (c) With respect to eggs that are not in compliance with this chapter and on which a stop-sale order has been issued, the seller may submit the eggs for reinspection to an authorized state or county enforcement officer. If on reinspection the eggs fail to meet the specification of the grades with which they are labeled, the seller must remark or repackage the eggs to meet the specifications for their actual grades before calling for reinspection. Repackaged eggs must be labeled with the original sell by date.


27688. Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no later than the 30th day following the month of delivery to California. Each registrant shall keep a copy of this report on file at the registered facility for a period of three years.


27688.5. Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter. A violation of this section is also subject to a civil or administrative penalty not to exceed five hundred dollars ($500) per violation. Each day a violation continues may be considered a separate violation for purposes of penalty assessment. The department may also seek appropriate injunctive relief.

27689. The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. A check or money order in the amount of the fee as required by this chapter on all eggs shipped into California on a graded basis shall accompany the report.


27690. All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list shall include the name and address of all persons from whom eggs were purchased, to whom they were sold, and the amount of eggs involved in each transaction. Furthermore, the broker shall indicate whether the eggs involved in the transaction were graded or ungraded.


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