1. A. A dealer, producer-dealer, manufacturer, producer, or retailer, at each individual location, is subject to the penalties in subsection (B) for any of the following violations:

   1. 1. Category A:

      1. a. Making a false or misleading statement relating to advertising or selling eggs and egg products;
      2. b. Acting as a dealer, producer-dealer, producer, or manufacturer without a valid license;
      3. c. Selling shell eggs with an incorrect or incomplete expiration date, or without an expiration date;
      4. d. Selling grade AA or grade A eggs after the expiration date on the carton, case, or container. Selling pasteurized in-shell eggs without or past the “Best By” or “Use by” date;
      5. e. Failing to maintain records and reports required by this Article;
      6. f. Failing to label a carton, case, or container with one size, one grade, one brand name, or, as required under R3-2-907;
      7. g. Moving eggs or an egg case, carton, or container with a warning tag or notice, or removing a warning tag or notice without permission from the Director;
      8. h. Refusing to submit egg or egg product, an egg case, carton, container, subcontainer, lot, load, or display of eggs to inspection; or
      9. i. Refusing to stop, at the request of an authorized representative of the Department, any vehicle transporting eggs or egg products;
      10. j. Selling eggs that have not been produced in accordance with the standards prescribed under R3-2-907;
      11. k. Failing to raise egg-laying hens in this state in accordance with the standards prescribed under R3-2-907.

   2. 2. Category B:

      1. a. Extending the expiration date of shell eggs as defined in A.R.S. § 3-701(13); or
      2. b. Advertising, representing, or selling out-of-state eggs as local eggs.

   3. 3. Category C:

      1. a. Failing to ensure that shell eggs for human consumption are kept refrigerated at an ambient temperature not higher than 45° F;
      2. b. Failing to ensure that frozen egg products for human consumption, labeled for storage at 0° F or below, are kept under refrigeration at a temperature of 0° F or lower;
      3. c. Failing to ensure that liquid egg products for human consumption are kept refrigerated at a temperature not higher than 40° F; or
      4. d. Failing to meet the sanitary standards egg processing of R3-2-908.
2. B. Any violation of this Article or of A.R.S. Title 3, Chapter 5, Article 1 not listed in subsection (A) is subject to a Category A civil penalty.
3. C. Under A.R.S. § 3-739, the civil penalty for a violation of subsection (A) is in Table III.

Table III. Violations and Penalties

Number of

Historical Note

Table III made by made by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). Heading added for clarity (Supp. 21-3).

Historical Note

Former Rule 6; Amended effective February 19, 1982. Former Section R3-6-06 renumbered as Section R3-2-906 (Supp. 82-1). Section R3-6-106 renumbered to R3-2-906 (Supp. 91-4). Former Section R3-2-906 renumbered to R3-2-903, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4058, effective October 7, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by made by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). Amended by final rulemaking at 28 A.A.R. 802 (April 22, 2022), effective October 1, 2022 (Supp. 22-2).