1. A. Seller to Provide Certain Information. A person may not sell or deliver shell eggs to a retailer, food service facility, or distributor unless that person:

   1. (1) Is registered with the Secretary as provided under Regulation .09 of this chapter; and

   2. (2) Provides the retailer, food service facility, or distributor, before or at the time the eggs are delivered, the following information in English:

      1. (a) The name and address of the seller and buyer;
      2. (b) The date of delivery;
      3. (c) The grade and size of eggs delivered;
      4. (d) The quantity of eggs sold (list the number of eggs sold by grade and size);
      5. (e) The registration number, if any, of the purchaser;
      6. (f) The inspection fee, if applicable, as provided under §D of this regulation.
2. B. Means of Providing Required Information. The seller shall provide the information required under §A(2)(a)—(f) of this regulation, on an invoice or equivalent record.

3. C. Record-Keeping Requirements.

   1. (1) The seller and the person to whom the eggs were sold or delivered, whether a retailer, food service facility, or distributor, shall keep at their respective places of business a copy of all of the information required to be provided under §A(2) of this regulation.

   2. (2) Period to Retain Information.

      1. (a) A retailer or food service facility shall retain this information for a period of 90 days following delivery of the eggs.

      2. (b) A packer or distributor shall retain this information either for a period of:

         1. (i) 1 year following delivery of eggs if the packer or distributor does not have an alternative method of keeping accurate records showing the number of eggs sold or delivered to a person; or
         2. (ii) 90 days if the packer or distributor has an alternative method of accurately keeping these records.
      3. (c) The Department shall be allowed to inspect the information in this section.

4. D. Applicability of Inspection Fee Statement on Invoice. The seller is not required to include the inspection fee statement on the invoice if the seller:

   1. (1) Can accurately track the number of eggs sold or delivered to a person through an alternative method; and
   2. (2) Has obtained the Department's express permission to employ this alternative method.

Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211;
Annotated Code of Maryland

Effective date: July 1, 1973

Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)

Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989

Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843

Chapter revised effective April 30, 1990 (17:8 Md. R. 977)

Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)

Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)

Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)