IDAPA 02.02.11
All producers, distributors and retailers of eggs and egg products.
In order to protect the public interest, this rule governs the grades and standards for Idaho eggs and egg products, including tolerance, consumer grades, sanitation, storage, egg seals, tax, and cartons.
This rule implements the following statutes passed by the Idaho Legislature:
Idaho State Department of Agriculture 2270 Old Penitentiary Rd. Boise, ID 83712 P.O. Box 7249 Boise, ID 83707 Phone: (208) 332-8500 Fax: (208) 334-2170 Email: rulesinfo@isda.idaho.gov Webpage: https://agri.idaho.gov/main/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
02.02.11 – Rules Governing Eggs and Egg Products
000. Legal Authority. ... 3
001. Title And Scope. ... 3
002. -- 011. (Reserved) ... 3
012. Grades And Standards. ... 3
013. -- 049. (Reserved) ... 4
050. Terms Descriptive Of Shell. ... 4
051. -- 099. (Reserved) ... 4
100. Terms Descriptive Of The Air Cell. ... 4
101. -- 149. (Reserved) ... 4
150. Terms Descriptive Of The White. ... 4
151. -- 199. (Reserved) ... 5
200. Terms Descriptive Of The Yolk. ... 5
201. -- 249. (Reserved) ... 5
250. General Terms. ... 5
251. -- 299. (Reserved) ... 6
300. Consumer Grades For Shell Eggs - General. ... 6
301. -- 349. (Reserved) ... 6
350. Grade Standards - Tolerances. ... 6
351. -- 399. (Reserved) ... 7
400. Additional Tolerances -- In Lots Of Two Or More Cases. ... 7
401. -- 449. (Reserved) ... 7
450. Summary Of Idaho Consumer Grades For Shell Eggs. ... 7
451. -- 499. (Reserved) ... 10
500. Egg Products And Breaking Operations. ... 10
501. -- 549. (Reserved) ... 10
550. Sanitation And Storage. ... 10
551. -- 599. (Reserved) ... 11
600. Egg Seals, Tax And Cartons. ... 11
601. -- 999. (Reserved) ... 13
This chapter is adopted under the legal authority of Section 37-1521, Idaho Code. (3-15-22)
01. Title. The title of this chapter is IDAPA 02.02.11, “Rules Governing Eggs and Egg Products.” (3-15-22)
02. Scope. These rules govern the grades and standards for Idaho eggs and egg products, including tolerances, consumer grades, sanitation, storage, egg seals, tax, and cartons. (3-15-22)
01. Classifications. The following standards, grades and weight classifications are hereby established and adopted. (3-15-22)
a. Except as otherwise provided in this subsection, all shell eggs sold for human consumption in the Idaho must be designated as one (1) of the following grades: “Idaho Consumer Grade AA,” “Idaho Consumer Grade A,” “Idaho Consumer Grade B.” (3-15-22)
b. An Idaho producer of shell eggs may sell shell eggs produced on his premises in Idaho directly to consumers at the place of production of the eggs, without grade designations. (3-15-22)
c. Idaho shell egg producers having three hundred (300) or less hens may sell ungraded shell eggs produced upon their premises to retailers, provided that each carton or other container of ungraded shell eggs sold must be clearly marked “Ungraded” and bear the name and address of the Idaho producer. (3-15-22)
02. Standards. The following standards for individual shell eggs are used in determining the Idaho consumer grade designation applicable thereto. (3-15-22)
03. Application. The Idaho standards for quality of individual shell eggs contained in this section are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell. (3-15-22)
04. Interior Egg Quality Specifications. Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determinations of the interior quality of shell eggs. It is desirable to break out an occasional egg and by determining the Haugh unit value of the broken-out egg, compare the broken-out and candled appearance, thereby aiding in correlating candled and broken-out appearance. (3-15-22)
05. AA Quality. The shell must be clean, unbroken and practically normal. The air cell must not exceed one-eighth (1/8) inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects. (3-15-22)
06. A Quality. The shell must be clean, unbroken and practically normal. The air cell must not exceed three-sixteenths (3/16) inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects. (3-15-22)
07. B Quality. The shell must be unbroken, may be abnormal, and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than one thirty-second (1/32) of the shell surface if localized, or one-sixteenth (1/16) of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over three-sixteenths (3/16) inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than one-eighth (1/8) inch in diameter) may be present. (3-15-22)
08. Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains or moderate stains covering more than one thirty-second (1/32) of the shell surface if localized, or one-sixteenth (1/16) of the shell surface if scattered. (3-15-22)
09. Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A “check” is considered to be lower in quality than a “dirty.” (3-15-22)
013. -- 049. (RESERVED)
01. Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains or cage marks if such specks, stains or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled. (3-15-22)
02. Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, that has prominent stains, or moderate stains covering more than one thirty-second (1/32) of the shell surface if localized or one-sixteenth (1/16) of the shell surface if scattered. (3-15-22)
03. Practically Normal (AA or A Quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted. (3-15-22)
04. Abnormal (B Quality). A shell that may be somewhat unusual or decidedly misshapen or that may show pronounced ridges or thin spots. (3-15-22)
051. -- 099. (RESERVED)
01. Depth of Air Cell. The depth of the air cell (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward. (3-15-22)
02. Free Air Cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly. (3-15-22)
03. Bubbly Air Cell. A ruptured air cell resulting in one (1) or more small separate air bubbles usually floating beneath the main air cell. (3-15-22)
101. -- 149. (RESERVED)
01. Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots). (3-15-22)
02. Firm (AA Quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of seventy-two (72) or higher when measured at a temperature between forty-five (45) Degrees F and sixty (60) Degrees F. (3-15-22)
03. Reasonably Firm (A Quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely that results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of sixty (60) to seventy-two (72) when measured at a temperature between forty-five (45) Degrees F and sixty (60)
Degrees F.
(3-15-22)
04. Weak and Watery (B Quality). A white that is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than sixty (60) when measured at a temperature between forty-five (45) Degrees F and sixty (60) Degrees F. (3-15-22)
05. Blood Spots or Meat Spots. Small blood spots or meat spots (aggregating not more than one-eighth (1/8) inch in diameter), may be classified as “B” quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg must be classified as Loss. Blood spots must not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots that have lost their characteristic red color or tissue from the reproductive organs. (3-15-22)
06. Bloody White. An egg that has blood diffused through the white. Eggs with bloody whites are classed as Loss. Eggs with blood spots that show a slight diffusion into the white around the localized spot are not to be classified as bloody whites. (3-15-22)
151. -- 199. (RESERVED)
01. Outline Slightly Defined (AA Quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled. (3-15-22)
02. Outline Fairly Well Defined (A Quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled. (3-15-22)
03. Outline Plainly Visible (B Quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled. (3-15-22)
04. Enlarged and Flattened (B Quality). A yolk in which the yolk membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat. (3-15-22)
05. Practically Free From Defects (AA or A Quality). A yolk that shows no germ development but may show other very slight defects on its surface. (3-15-22)
06. Serious Defects (B Quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, that do not render the egg inedible. (3-15-22)
07. Clearly Visible Germ Development (B Quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence. (3-15-22)
08. Blood Due to Germ Development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible. (3-15-22)
201. -- 249. (RESERVED)
01. Loss. An egg that is inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material. (3-15-22)
02. Inedible Eggs. Eggs of the following description are classed as inedible: black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty
eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act. (3-15-22)
03. Leaker. An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell. (3-15-22)
251. -- 299. (RESERVED)
01. Applicability. The consumer grade designations established by this act are applicable to edible shell eggs in “lot” quantities rather than on an “individual” egg basis. these standards to the term “case” means thirty (30) dozen egg cases as used in commercial practices in the United States. (3-15-22)
02. Substitution. Substitution of higher qualities for the lower qualities specified is permitted. (3-15-22)
03. No Grade. “No Grade” means eggs of possible edible quality that fail to meet the requirements of an Idaho Consumer Grade or that have been contaminated by smoke, chemicals or other foreign material that has seriously affected the character, appearance or flavor of the eggs. (3-15-22)
301. -- 349. (RESERVED)
01. Grade AA (At Origin). Idaho Consumer Grade AA (at origin) consists of eggs that are at least eighty-seven percent (87%) AA quality. The maximum tolerance of thirteen percent (13%) that may be below AA quality may consist of A or B quality in any combination, except that within the tolerance of B quality not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter), or serious yolk defects. Not more than five percent (5%) (seven percent (7%) for Jumbo size) Checks are permitted and not more than five-tenths of one percent (0.5%) Leakers, Dirties or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
02. Grade AA (At Destination). Idaho Consumer Grade AA (destination) consists of eggs that are seventy-two percent (72%) AA quality. The remaining tolerance of twenty-eight percent (28%) must consist of at least ten percent (10%) A quality, and the remainder must be B quality, except that within the tolerance for B quality not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than seven percent (7%) (nine percent (9%) for Jumbo size) Checks are permitted and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed three tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
03. Grade A (At Origin). Idaho Consumer Grade A (at origin) consists of eggs that are eighty-seven percent (87%) A quality or better. Within the maximum tolerance of thirteen percent (13%) that may be below A quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than five percent (5%) (seven percent (7%) for Jumbo size) Checks are permitted and not more than five-tenths of one percent (0.5%) Leakers, Dirties or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
04. Grade A (At Destination). Idaho Consumer Grade A (at destination) consists of eggs that are eighty-two percent (82%) A quality or better. Within the maximum tolerance of eighteen percent (18%) that may be below A quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. Not more than seven percent (7%) (nine percent (9%) for Jumbo size) Checks are permitted and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths
of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
05. Grade B (At Origin). Idaho Consumer Grade B (at origin) consists of eggs that are ninety percent (90%) B quality or better, not more than ten percent (10%) may be Checks and not more than five-tenths of one percent (0.5%) Leakers, Dirties or Loss (due to meat or blood spots) except that such Loss may not exceed three-tenths of one percent (0.30%) in any combination. Other types of Loss are not permitted. (3-15-22)
06. Grade B (at Destination). Idaho Consumer Grade B (at destination) consists of eggs that are ninety percent (90%) B quality or better, not more than ten percent (10%) may be Checks and not more than one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
351. -- 399. (RESERVED)
01. Grade AA. No individual case may exceed ten percent (10%) less AA quality eggs than the minimum permitted for the lot average. (3-15-22)
02. Grade A. No individual case may exceed ten percent (10%) less A quality eggs than the minimum permitted for the lot average. (3-15-22)
03. Grade B. No individual case may exceed ten percent (10%) less B quality eggs than the minimum permitted for the lot average. (3-15-22)
04. Single Egg Exemption. For Grades AA, A, and B, no lot may be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots. (3-15-22)
05. Lots of Two or More Cartons. In lots of two (2) or more cartons, no individual carton may contain less than eight (8) eggs of the specified quality and no individual carton may contain less than ten (10) eggs of the specified quality and the next lower quality. The remaining two (2) eggs may consist of a combination of qualities below the next lower quality (i.e., in lots of grade A, not more than two (2) eggs of the qualities in individual cartons within the sample may be B or checks). (3-15-22)
401. -- 449. (RESERVED)
| TOLERANCE PERMITTED | |||
|---|---|---|---|
| QUALITY REQUIRED | Percent | Quality | |
| IDAHO CONSUMER GRADE (origin) | |||
| Grade AA | 87 percent AA | Up to 13 Not over 5 | A or B Checks |
| Grade A | 87 percent A or Better | Up to 13 Not over 5 | B Checks |
| Grade B | 90 percent B or Better | Not over 10 | Checks |
| IDAHO CONSUMER GRADE (destination) | |||
| Grade AA | 72 percent AA | Up to 28 Not over 7 | A or B Checks |
| Grade A | 82 percent A or Better | Up to 18 Not Over 7 | B Checks |
| TOLERANCE PERMITTED | |||
|---|---|---|---|
| QUALITY REQUIRED | Percent | Quality | |
| Grade B | 90 percent B or Better | Not over 10 | Checks |
(3-15-22)
a. In lots of two (2) or more cases or cartons, see Table 2 of Section 450 for tolerances for an individual case or carton within a lot. (3-15-22)
b. For Idaho Consumer Grades (at origin) a tolerance of five-tenths of one percent (0.5%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
c. For Idaho Consumer Grades (destination) a tolerance of one percent (1%) Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted, except that such Loss may not exceed three-tenths of one percent (0.3%). Other types of Loss are not permitted. (3-15-22)
d. For Idaho Consumer Grade AA at destination, at least ten percent (10%) must be A quality or better. (3-15-22)
e. For Idaho Consumer grade AA and A at origin and destination within the tolerances permitted for B quality, not more than one percent (1%) may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighth (1/8) inch in diameter) or serious yolk defects. (3-15-22)
f. For Idaho Consumer Grades AA and A Jumbo size eggs, the tolerance for checks at origin and destination is seven percent (7%) and nine percent (9%) respectively. (3-15-22)
| Idaho Consumer Grade | Case Minimum Quality | Origin Percent | Destination Percent | Carton Minimum Quality, No. of Eggs (Origin & Destination) |
|---|---|---|---|---|
| Grade AA | AA (Min) | 77 | 62 | 8 eggs AA |
| A or B | 13 | 28 | 2 eggs A | |
| Check (Max) | 10 | 10 | 2 eggs B, or Check | |
| Grade A | A (Min) | 77 | 72 | 8 eggs A |
| B | 13 | 18 | 2 eggs B | |
| Check (Max) | 10 | 10 | 2 eggs Check | |
| Grade B | B (Min) | 80 | 80 | 10 eggs B |
| Check | 20 | 20 | 2 eggs Check |
(3-15-22)
03. Summary of Standards for Quality of Individual Shell Eggs. The Specifications for Each Quality Factor:
| Quality Factor | AA Quality | A Quality | B Quality |
|---|---|---|---|
| Shell | Clean | Clean | Clean to Slightly Stained |
| Unbroken Practically Normal | Unbroken Practically Normal | Unbroken Abnormal | |
| Air Cell | 1/8' or less in Depth. Unlimited movement and free or bubbly | 3/16' or less in Depth. Unlimited movement and free and bubbly | Over 3/16' in Depth. Unlimited movement and free or bubbly |
| White | Clear Firm | Clear Reasonably Firm | Weak and Watery. Small Blood and Meat spots present |
| Yolk | Outline slightly defined. Practically free from defects | Outline fairly well defined. Practically free from defects. | Outline plainly visible. Enlarged and flattened. Clearly visible germ development but no blood. Other serious defects |
(3-15-22)
a. Moderately stained areas permitted (one thirty-second (1/32) of surface if localized or one-sixteenth (1/16) if scattered). (3-15-22)
b. Blood and meat spots are allowed if they are small (aggregating not more than one-eighth (1/8) inch in diameter). (3-15-22)
04. Quality of Dirty or Broken Shell Eggs -- Table 5. For eggs with dirty or broken shells, the standards of quality provide three additional qualities. These are:
| Dirty | Check | Leaker |
|---|---|---|
| Unbroken Adhering dirt or foreign material, moderate stained areas in excess of B quality | Broken or cracked shell but membranes intact, not leaking | Broken or cracked shell and membranes and contents leaking or free to leak |
(3-15-22)
05. Weight Classes. The weight class for Idaho Consumer Grades for shell eggs is as indicated in the following table:
| Size Or Weight Class | Minimum Net Weight Per Dozen | Minimum Net Weight Per 30 Dozen (Pounds) | Minimum Weight For Individual Eggs At Rate Per Dozen (Ounces) |
|---|---|---|---|
| Jumbo | 30 | 56 | 29 |
| Extra Large | 27 | 50.5 | 26 |
| Large | 24 | 45 | 23 |
| Medium | 21 | 39.5 | 20 |
| Small | 18 | 34 | 17 |
| Peewee | 15 | 28 | -- |
(3-15-22)
06. Lot Average Tolerance. A lot average tolerance of three and three-tenths percent (3.3%) for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent (5%). (3-15-22)
451. -- 499. (RESERVED)
Anyone engaged in a breaking operation for the production of egg products may obtain a copy of the Federal “Regulations Governing Voluntary Inspection of Egg Products and Grading” (7 CFR Part 55) from the United States Department of Agriculture, AMS, Poultry Division, Washington, DC 20250, Revised May 1, 1991. This is a federally mandated program. The Department of Agriculture has entered into a cooperative agreement with the United States Department of Agriculture (USDA) to provide constant monitoring of these operations. Egg product plants in Idaho are monitored with state staff implementing federal regulations as contained in (7 CFR Part 55) including but not limited to: breaking, pasteurization, packaging, labeling, storage and plant sanitation. Copies of these federal regulations are on file at the Idaho Department of Agriculture located at 2270 Old Penitentiary Road, Boise, Idaho 83712. (3-15-22)
501. -- 549. (RESERVED)
01. Grading Room. Animals, pets, livestock, etc., are not allowed in the grading and packing rooms, or any areas where eggs, cases, flats, and cartons are stored. (3-15-22)
02. Wash Water. Wash water must be clean, potable and free of foreign material. Water must be changed as often as necessary so as to comply. (3-15-22)
03. Wash Water Temperature. The minimum temperature of the wash water must be ninety (90) degrees F or higher, and must be at least twenty (20) degrees F warmer than the temperature of the eggs to be washed. These temperatures must be maintained through the cleaning cycle. (3-15-22)
04. Pre-Wetting or Soaking. Pre-wetting or soaking of stained eggs may not exceed five (5) minutes. Water temperature must meet requirements of Subsection 550.03. (3-15-22)
05. Rest Period. During any rest period, eggs must be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat. (3-15-22)
06. Washing and Rinsing Compound. Where washing and rinsing compounds are used, they must be approved by the United States Department of Agriculture or the State Department of Agriculture. (3-15-22)
07. Grading and Packing Rooms. Grading and packing rooms must be kept reasonably clean during grading and packing operations and must be thoroughly cleaned at the end of each operating day. (3-15-22)
08. Weighing and Grading Equipment. Weighing and grading equipment, whether manual or automatic, must be kept clean and be capable of ready adjustment. (3-15-22)
09. Adequate Lavatory and Toilet Accommodations Must Be Provided. Toilet and locker rooms must be maintained in a clean and sanitary condition. Hot and cold running water must be provided. Signs must be posted in the rest rooms instructing employees to wash their hands before returning to work. (3-15-22)
10. Trash. Trash accumulations must be removed from the grading room after each day of operation and removed from the premises on a regular basis. (3-15-22)
11. Thermometers. Accurate thermometers must be provided in egg coolers. (3-15-22)
12. Sanitary Conditions. Cooler rooms must be free from objectionable odors and from mold, and maintained in a sanitary condition. (3-15-22)
13. Egg Handling and Transport. (3-15-22)
a. All eggs handled, stored or offered for sale by egg distributors, egg dealers and retailers must be held under refrigeration at a temperature of forty-five (45) degrees F or below. (3-15-22)
b. Eggs must be transported from one facility to another facility in clean and sanitary vehicles that are refrigerated or capable of maintaining the ambient temperature of the eggs at forty-five (45) degrees F or below. (3-15-22)
14. Distributors or Dealers. All sales areas where eggs are offered for sale by egg distributors or dealers must be maintained in a clean and sanitary condition. (3-15-22)
15. Case and Carton Storage. Egg case and carton storage must be clean and dry, free from poultry house dust or any odorous material that could be absorbed by cases or cartons. (3-15-22)
16. Pesticides, Insecticides and Rodenticides. Pesticides, insecticides and rodenticides must be handled in accordance with the manufacturers' instructions. Storage of these products must be away from the egg grading and packing area. These products must not be allowed to come in contact with the shell eggs being processed, stored, or with egg cases and cartons. (3-15-22)
17. Clean Clothing. Personnel handling, packing and grading eggs must wear clean clothing. (3-15-22)
18. Cases and Packing Materials. Egg cases and packing materials must be clean, free of mold, mustiness and any odors. (3-15-22)
551. -- 599. (RESERVED)
600. EGG SEALS, TAX AND CARTONS.
01. Cartons. Each egg carton must display the following: (3-15-22)
a. An official egg seal one and one-fourth (1 1/4') inches in diameter, black in color with white printing, containing the statement: 'State of Idaho, Department of Agriculture - One Dozen Graded Eggs.' These official gummed egg seals are available only through the Department and sold at the assessment rate established in this rule; or (3-15-22)
b. A legible facsimile egg seal, as defined in Subsection 600.02 of these rules. (In lieu of the official or facsimile egg seal application for exemption from use of seals may be made to the Director under the provisions of Subsection 600.07 of these rules.) (3-15-22)
c. Grade of the eggs contained in the carton. (3-15-22)
d. Size of the eggs contained in the carton. (3-15-22)
e. The name and address of the distributor, together with any desired business or corporation name. (e.g. John Doe, Boise, Idaho; or Produced for, Packed for, Distributed for X-Y-Z Stores, by John Doe, Boise, Idaho.) (3-15-22)
f. The statement 'Keep Refrigerated' or with a statement of similar meaning. (3-15-22)
g. The items set forth in Subsections 600.01.a. or 600.01.b., and 600.01.c. and 600.01.d. must be contained on the top panel; items set forth in Subsections 600.01.e. and 600.01.f. may be contained anywhere on the lid portion of each egg carton to be used by any dealer or distributor. The items must be clearly and legibly displayed
in contrast to the color of the carton and surrounding colors so that they can be easily distinguished and read. Other coloring or printing that may appear on the top panel of each egg carton must not dominate the above listed items. No printed matter or design must separate or interfere with the clear legibility of the necessary items. (3-15-22)
02. Facsimile Idaho Egg Seal. The Idaho facsimile egg seal must be one and one-fourth (1 1/4') inches in diameter, contain the wording 'State of Idaho Department of Agriculture - One Dozen Graded Eggs.' If there is to be any deviation in wording or size, written permission must be obtained from the Director prior to use of any such deviating seal. The color does not have to be black. The color of the facsimile Idaho Egg Seal must be in contrast to the color of the egg carton so that it can be easily distinguishable and read in either a good or a poor light and must not be smeared or smothered out or predominated over by other printing or coloring that may appear on the top panel of the carton. (3-15-22)
03. Distributor. Distributor means the person whose name and address appear on the lid portion of the carton assuming responsibility for the size and grade of such eggs as any carton may be so labeled. (3-15-22)
04. Top Panel. That portion of the egg carton that is the horizontal plane forming the top of the lid of the carton. (3-15-22)
05. Proofs. Proofs of all cartons desired to be used may be submitted to the Director for approval prior to their use. (3-15-22)
06. Imprinting. Procedure for the imprinting of the facsimile Idaho Egg Seal on cartons of eggs: (3-15-22)
a. Instructions for Dealer or Distributor: (3-15-22)
i. A person grading, candling or packing eggs for retail in Idaho must request authorization from the State Department of Agriculture prior to the printing of the facsimile Idaho Egg Seal on the egg cartons. (3-15-22)
ii. The request must be accompanied by payment of four (4) mills per facsimile Idaho Egg Seal along with the name and address of the printer or supplier. (3-15-22)
iii. It is unlawful to cause to be printed or to receive cartons printed with the facsimile Idaho Egg Seal other than as requested and paid for by the authorization request and/or allowed under the authorization permit. Section 37-1526, Idaho Code, provides a penalty for such act. (3-15-22)
iv. There will be no refund of tax if the printer or supplier delivers short of the amount of the authorizing permit. (3-15-22)
b. Instructions for Printer or Supplier: (3-15-22)
i. The printer or supplier must be registered with the Department of Agriculture. (3-15-22)
ii. To register, the printer or supplier must post a one thousand dollar ($1,000) surety bond to the effect that only that amount of facsimile Idaho Egg Seals will be delivered for which the authorization permit has been granted. If overage is printed, then an additional authorization permit for the overage must be secured and the tax paid before the overage can be delivered. (3-15-22)
iii. A copy of the printer's or supplier's delivery invoice must be submitted to the Department of Agriculture immediately upon completion and delivery of the order. (3-15-22)
iv. It is unlawful for a printer or supplier to reproduce a facsimile Idaho Egg Seal without authorization of the Department of Agriculture. Section 37-1526, Idaho Code, provides a penalty for such act. (3-15-22)
07. Assessments in Lieu of Egg Seals. Applications for exemption of egg seals must be made to the Director of Agriculture. This application will require the following information and facts. Upon application and approval by the Director, the assessment at the rate of four (4) mills or four-tenths (4/10) of a cent per dozen must be
paid on a monthly basis in lieu of egg seals. Such assessment is applicable to all eggs entering intrastate commerce. (3-15-22)
a. Application must be made by person or firm that is billing or invoicing eggs sold within Idaho. (3-15-22)
b. Applicant must hold a current shell egg distributor license. (3-15-22)
c. Applicant must show a sound and accurate accounting procedure from which to prepare monthly reports. Accounting procedure subject to approval by the Director. (3-15-22)
d. Reports must be made on a monthly basis on or before the twenty-fifth (25th) day following the month such eggs enter intrastate commerce. (3-15-22)
e. Applicant who pays assessments in lieu of egg seals are subject to audit by the Director or person appointed by him on an annual basis or more frequently, if in the opinion of the Director, such audit is necessary. (3-15-22)
08. Divided Cartons Design. Egg cartons designed to permit the division of such carton by the retail customer into two (2) portions of one-half (1/2) dozen eggs are permissible if the carton, when undivided, conforms to law and these rules. (3-15-22)
09. Reporting Form. A reporting form will be made available to each dealer or distributor that must be completed by them accounting for all eggs entering intrastate commerce and mailed to the Department of Agriculture by the twenty-fifth (25th) day following the month such eggs entered intrastate commerce. (3-15-22)
a. The reporting form must be signed by the owner, manager or authorized person of the business or corporation, stating the report is correct and accurate. (3-15-22)
b. A check or money order covering the quantity of eggs sold in Idaho, reported at the rate of four (4) mills per dozen must accompany the report. (3-15-22)
c. All records and invoices must be maintained for two (2) years and made available to authorized representatives of the Director for the purpose of auditing and to determine the correctness of monthly report forms as set forth in Section 37-1525, Idaho Code. (3-15-22)
601. -- 999. (RESERVED)