(b) For the purposes of this act:
(1) "Eggs" mean eggs in the shell that are the product of the domesticated chicken, turkey, goose, guinea and any other eggs offered for sale for human consumption. Eggs shall not include balut;
(2) "person" means all individuals, firms, associations, partnerships and corporations;
(3) "department" means the Kansas department of agriculture;
(4) "secretary" means the secretary of agriculture or the secretary's authorized representative;
(5) "consumer" means a person who buys or otherwise acquires eggs for personal consumption and not for resale;
(6) "container" means any box, case, basket, carton, sack, bag or other receptacle;
(7) "ambient temperature" means the air temperature maintained in an egg storage facility or transport vehicle;
(8) "balut" means a food derived from fertile eggs, generally chicken or duck eggs, which are incubated for a period of time shorter than is necessary for hatching;
(9) "candling" means the careful examination of each shell egg and the elimination of those eggs determined unfit for human consumption;
(10) "expiration date" means the date the eggs are to be removed from sale;
(11) "food purveyor" means state institutions, military or federal installations, retailers, restaurants, cafes, cafeterias, hotels, institutions or other places where eggs are served in the shell or broken out for immediate consumption or where any foods containing eggs are sold;
(12) "graded egg" means an egg which is classified in accordance with the standards established by the Kansas department of agriculture, taking into consideration the size or weight, quality factors, interior and exterior, including condition of white and yolk, the size and condition of the air cell and cleanliness and soundness of shell;
(13) "identity" means types of eggs other than chicken eggs such as turkey, duck, guinea and other eggs;
(14) "last handler" means any person who sells, offers or exposes for sale or distributes eggs to retailers or food purveyors;
(15) "pack date" means the date the eggs were packed which shall be expressed in terms of the month and day or as a julian date;
(16) "packer" means any person who grades, sizes, candles and packs eggs for purpose of sale;
(17) "producer" means any person who exercises control over the production of eggs and disposes of eggs from the output of a flock owned by such person;
(18) "repackaging eggs" means packaging eggs in another carton or container other than the carton in which the eggs were first packed; and
(19) "retailer" means any person selling or offering eggs for sale to consumers and not for resale.
History: L. 1955, ch. 9, § 1; L. 2000, ch. 57, § 1; L. 2004, ch. 101, § 190; L. 2006, ch. 90, § 1; July 1.
History: L. 1955, ch. 9, § 2; L. 2000, ch. 57, § 2; L. 2006, ch. 90, § 2; July 1.
(a) Sell graded eggs below the quality of "Grade B";
(b) sell graded eggs that are not labeled on the container to indicate size and quality thereof in boldface type letters not less than 3/8 inch in height;
(c) sell graded eggs without the name and address of either the packer, last handler, retailer or agent by or for whom the eggs were graded, labeled or packed, indicated on the carton or container;
(d) falsely or deceptively label, advertise or invoice eggs;
(e) advertise graded eggs in a manner which indicates price without also indicating the full, correct and unabbreviated designation of size and quality as provided herein;
(f) hold eggs for human consumption at an ambient temperature higher than 45° Fahrenheit after being received at the point of first purchase or assembly;
(g) sell graded eggs in a container which does not bear an inspection fee stamp showing that the inspection fee has been paid thereon unless the person has been issued a permit to pay the inspection fee on a quarterly basis as required by K.S.A. 2-2507, and amendments thereto;
(h) use an inspection fee stamp more than once, or to use a counterfeit thereof;
(i) grade eggs for size and quality for subsequent resale to food purveyors, retailers or consumers without first acquiring a license issued by the secretary for such person's place of business;
(j) fail or neglect to file the quarterly inspection fee report and pay the inspection fee due, as provided in K.S.A. 2-2507, and amendments thereto, or to file a false quarterly inspection fee report of the quantity of eggs sold during any period;
(k) refuse entry to any authorized inspector or employee of the department for the purpose of making inspections under the provisions of this act;
(l) engage in the business of purchasing eggs unless there is posted in a conspicuous place in such place of business every day that such place of business is open for the purchase of eggs the prices which are being paid for each of the various grades of eggs;
(m) offer eggs for sale that have not been candled and graded;
(n) fail to mark all containers with official United States or Kansas grade AA, A or B identification with label to indicate that refrigeration is required, using "keep refrigerated," or words of similar meaning;
(o) sell, offer or expose for sale or distribute eggs in this state without first acquiring a license issued by the secretary for such person's place of business; or
(p) fail to comply with any other provision of this act or any rule or regulation adopted pursuant to this act.
History: L. 1955, ch. 9, § 3; L. 1971, ch. 7, § 1; L. 2000, ch. 57, § 3; L. 2006, ch. 90, § 3; July 1.
(b) Any authorized inspector or employee of the department may enter any place of business within the state where any eggs are held and may take for inspection purposes representative samples of such eggs and containers for the purpose of determining whether or not any provisions of this act have been violated.
(c) Any authorized inspector or employee of the department, while enforcing the provisions of this act, may seize and hold as evidence any eggs held to be in violation of any provisions of this act.
History: L. 1955, ch. 9, § 4; L. 2000, ch. 57, § 4; July 1.
History: L. 1955, ch. 9, § 5; L. 2000, ch. 57, § 5; L. 2006, ch. 90, § 4; July 1.
(b) The district courts of Kansas shall have jurisdiction to enjoin violations of this act by injunction without the institution of criminal proceedings.
History: L. 1955, ch. 9, § 6; L. 2000, ch. 57, § 6; July 1.
(b) The secretary shall provide inspection fee stamps for sale to persons requesting such stamps. The price of such inspection fee stamps shall include the printing and mailing costs thereof. Such inspection fee stamps shall also serve as a label indicating size and quality in boldface type letters not less than 3/8 inch in height.
(c) Persons desiring to report and pay the inspection fee quarterly, in lieu of using such inspection fee stamps, may make application to the secretary for a permit to pay the inspection fee quarterly, except that in no event shall the inspection fee for any quarter be less than $15. The secretary may grant the permit if the applicant agrees to keep such records and make such report as may be necessary to indicate accurately the quantity of eggs sold on which the inspection fee is due, and if the applicant agrees to grant the secretary permission to verify the statement of quantity of eggs sold. The report shall be filed in the office of the secretary, and shall be due and payable on the first day of October, January, April and July for the previous three months. If the report is not filed and the inspection fee is not paid within 30 days after the due date, or if the report of quantity is false, the secretary may revoke the permit. In addition to the inspection fee there may be assessed against the permit holder a penalty of $5 per day for each day the inspection fee remains unpaid after the 30-day period has expired. Such records of quantity sold shall be held for a period of three years.
(d) If the department finds that the fees specified in this section are providing more funds than necessary for the administration of this act, the department may reduce the above-mentioned fee pursuant to rules and regulations adopted by the secretary. The secretary may increase such fee when necessary, pursuant to rules and regulations adopted by the secretary, except that such fee shall not exceed the rate specified in subsection (a). The secretary shall remit all moneys received by or for the secretary under article 25 of chapter 2 of Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with the provision of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the egg fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History: L. 1955, ch. 9, § 7; L. 1971, ch. 7, § 2; L. 1973, ch. 2, § 10; L. 1979, ch. 10, § 1; L. 2000, ch. 57, § 7; L. 2001, ch. 5, § 19; L. 2006, ch. 90, § 5; July 1.
(b) Retailers and food purveyors shall be exempt from the licensing fee requirement of subsection (a), but shall be subject to all other requirements of the Kansas egg law.
(c) Licensees and any person required to be licensed under the provisions of this act shall keep and retain for three years such records required to verify the quantity of eggs bought, sold, offered for sale or distributed in this state. Such records shall be available for inspection by the secretary at all reasonable times.
(d) (1) A producer of eggs when selling ungraded eggs of the producer's own flock production is exempted from the provisions of this act if: (A) The producer owns 50 or fewer hens; or
(B) (i) The producer owns more than 50 hens but fewer than 250 hens;
(ii) eggs are washed and clean;
(iii) eggs are prepackaged and labeled as ungraded with the name and address of the producer;
(iv) cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material;
(v) sales are to consumers only; and
(vi) eggs are maintained at a temperature of 45° Fahrenheit or below.
(2) If such producer desires to sell graded eggs, the producer shall be permitted to do so if in compliance with this act.
History: L. 1955, ch. 9, § 8; L. 1971, ch. 7, § 3; L. 2000, ch. 57, § 8; L. 2006, ch. 90, § 6; July 1.
(1) The size and quality of eggs which shall be printed in boldface type letters not less than 3/8 inch in height;
(2) the identity of the eggs;
(3) name and address of either the packer, the person for whom the eggs are packed or the retailer if the eggs have been repacked;
(4) the pack date;
(5) safe handling instructions, which shall include the statements:
(A) "Keep refrigerated at or below 45° Fahrenheit," which shall be printed on the outside of the carton; and
(B) "to prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly," which may be printed either on the outside or the inside of the carton; and
(6) the expiration date which shall be preceded by "exp," "sell by," "use by" or similar language.
(b) Such information shall be printed in English, be clearly and conspicuously placed on the outside of the carton except as otherwise provided in this section, and not be false or misleading.
(c) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History: L. 2006, ch. 90, § 7; July 1.
(1) Eggs eligible for repacking include dirty eggs or eggs in containers with broken eggs. Eggs that are determined to pose a health risk shall not be eligible for repacking;
(2) the eggs are not subject to a stop sale order issued by the secretary;
(3) eggs cannot be repacked more than once;
(4) repacked eggs must meet grade B requirements and shall not be graded higher than grade B;
(5) all containers shall have the necessary labeling requirements printed on the outside of the carton which shall include:
(A) Grade and size;
(B) a statement saying that the eggs have been repacked by the retailer where the eggs are located;
(C) name and address of the retailer that repacked the eggs;
(D) a statement containing the phrase, "Keep refrigerated at or below 45° Fahrenheit;"
(E) the expiration date which shall be the earliest expiration date of the repacked eggs; and
(F) an inspection fee stamp on the carton indicating that the inspection fee has been paid;
(6) records must be kept and available for inspection on all eggs repacked by the retailer; and
(7) eggs remain subject to inspection and the requirements of this act.
(b) Retailers may lose the privilege to repack eggs if:
(1) The retailer is found postdating repacked eggs;
(2) the eggs do not meet grade B standards; and
(3) the retailer has violated any other provision of this act.
(c) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History: L. 2006, ch. 90, § 8; July 1.
(b) In determining the amount of the civil penalty, the following shall be taken into consideration: (1) The potential or actual harm, or both, caused by the violation;
(2) the nature and persistence of the violation;
(3) the length of time over which the violation occurs;
(4) compliance history;
(5) any corrective actions taken; and
(6) any and all other relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(f) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty.
(g) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(h) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History: L. 2006, ch. 90, § 9; July 1.
(1) Been convicted of or pleaded guilty to a violation of the Kansas egg law, and amendments thereto, or been convicted of or pleaded guilty to a felony under the laws of this state or of the United States, if the department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(2) failed to comply with any provision or requirement of this act or any rule and regulation adopted thereunder, or any of the laws or rules and regulations of any other state or the United States relating to licensing or other provisions concerning eggs; or
(3) had any license, certificate or permit issued to the person under the Kansas egg law, and amendments thereto, or the egg laws of any other state revoked.
(b) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History: L. 2006, ch. 90, § 10; July 1.
(b) Each container of balut shall be clearly and conspicuously labeled to inform the consumer that the product is an embryonated egg or such other term or phrase that is informative and not false or misleading.
(c) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History: L. 2006, ch. 90, § 11; July 1.