Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1788 3
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By: Representative Lynch 5
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For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW CONCERNING EGG M ARKETING; TO 8
AMEND THE ARKANSAS E GG MARKETING ACT OF 1969; AND FOR 9
OTHER PURPOSES. 10
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Subtitle 13
TO AMEND THE LAW CONCERNING EGG 14
MARKETING; AND TO AMEND THE ARKANSAS EGG 15
MARKETING ACT OF 1969. 16
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code § 20 -58-202(5)(A), concerning the definition 21
of "immediate container" under the Arkansas Egg Marketing Act of 1969, is 22
amended to read as follow: 23
(A) “Immediate container” mea ns any consumer package or 24
other container in which shell eggs , not consumer-packaged, are packed for 25
household or other ultimate consumers ; and 26
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SECTION 2. Arkansas Code § 20 -58-203 is amended to read as follows: 28
20-58-203. Applicability. 29
This subchapter shall be applicable to all retailers of eggs except 30
that retailers shall be permitted to sell eggs when the eggs are purchased 31
directly from producers who own fewer than two hundred (200) seven hundred 32
(700) hens, provided that the following requirem ents are met: 33
(1) The eggs are washed and clean; 34
(2) The eggs are prepackaged and identified as ungraded with the 35
name and address of the producer; 36 HB1788
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(3) The used cartons are not used unless all brand markings and 1
other identification are obliterate d; and 2
(4) The eggs are refrigerated and maintained at a temperature of 3
forty-five degrees Fahrenheit (45° F) or below. 4
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SECTION 3. Arkansas Code § 20 -58-205 is amended to read as follows: 6
20-58-205. Employees of Arkansas Livestock and Poultry Commi ssion 7
Department of Agriculture — Powers and duties. 8
All duties and functions required to be performed by the Arkansas 9
Livestock and Poultry Commission under the provisions of this subchapter 10
shall be performed by the commission Department of Agriculture or its 11
authorized employees. 12
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SECTION 4. Arkansas Code § 20 -58-207(b)(3), concerning prohibited acts 14
under the Arkansas Egg Marketing Act of 1969, is amended to read as follows: 15
(3) Use descriptive terminology such as “fresh” , “farm”, 16
“country”, etc., or to represent the same to be “fresh” any eggs excepting 17
those eggs that meet the minimum requirements of Grade A or higher according 18
to the standards set forth by the commission. 19
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SECTION 5. Arkansas Code § 20 -58-207, concerning prohibited acts under 21
the Arkansas Egg Marketing Act of 1969, is amended to add an additional 22
subsection to read as follows: 23
(e) Eggs in retail shall not be removed from the immediate container 24
in which the eggs were received and placed into a different container by the 25
retailer. 26
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SECTION 6. Arkansas Code § 20 -58-208 - § 20-58-210 are amended to read 28
as follows: 29
20-58-208. Display of grade and size required. 30
(a) All eggs advertised or displayed for sale for human food shall 31
designate the correct grade and size. The designation shall also appear on 32
the exterior of the container in which the eggs are offered for sale. 33
(b) Restaurants, hotels, and other eating places establishments using 34
eggs below “A” quality shall be required to display a placard of heavy 35
cardboard sturdy quality of not less than eight inches by eleven inches (8 ″ × 36 HB1788
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11″), stating the quality and weight of the eggs used by the establishment in 1
a location where it can easily be seen by the customers or, in lieu thereof, 2
place this information on the men u. 3
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20-58-209. Packing and grading Egg handler permit. 5
(a) All packing and grading egg handler permits shall be conspicuously 6
posted in the place of business to which they apply. 7
(b) The annual permit year shall be twelve (12) months or any fraction 8
thereof beginning July 1 and ending June 30 of each year. 9
(c) No permit shall be transferable, but it if the permit holder 10
relocates, the permit may be moved from one (1) place to another with the 11
consent of the Arkansas Livestock and Poultry Commission Department of 12
Agriculture. 13
(d) No person shall operate a shell egg processing plant and egg 14
candling room or an egg breaking plant before the plant or room has been 15
approved by the commission or its authorized agent and a permit issued. 16
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20-58-210. Refrigeration of eggs — Temperature and labeling 18
requirements. 19
(a) All shell eggs packed in containers for the purpose of resale to 20
consumers shall be stored and transported under refrigeration at an ambient 21
temperature no greater than forty -five degrees Fahrenheit (45° F) or seven and 22
two-tenths degrees Celsius (7.2° C) . 23
(b) All shell eggs that are packed into containers for the purpose of 24
resale to the consumer shall be labeled with the following statement: “Keep 25
refrigerated at or below 45 degrees Fahre nheit”. 26
(c) Every person, firm, or corporation selling eggs for the purpose of 27
resale to the consumer must store and transport shell eggs under 28
refrigeration at an ambient temperature no greater than forty -five degrees 29
Fahrenheit (45° F) or seven and two-tenths degrees Celsius (7.2° C) , and all 30
containers of eggs must be labeled with the following statement: “Keep 31
refrigerated at or below 45 degrees Fahrenheit”. This includes retailers, 32
institutional users, dealer -wholesalers, food handlers, transportatio n firms, 33
or any person who delivers to the retail or consuming trade. 34
(d) Packers shall not be responsible for the interior quality of eggs 35
unless all recommended handling procedures in this section are followed by 36 HB1788
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all parties after the sale of the eggs by the packer. 1
(e)(1) Every person, firm, or corporation selling eggs for the purpose 2
of direct delivery to the consumer shall, during delivery, maintain eggs at 3
an ambient temperature no greater than forty -five degrees Fahrenheit (45°F). 4
(2) Eggs shall be delivered to the consumer dry and not 5
saturated in melted ice water. 6
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SECTION 7. Arkansas Code § 20 -58-214 - § 20-58-215 are amended to read 8
as follows: 9
20-58-214. Enforcement. 10
(a)(1) The Arkansas Livestock and Poultry Commission shall enforce the 11
provisions of this subchapter and is authorized to make and promulgate such 12
rules as may be necessary thereto. 13
(2) The rules shall be publicized and become effective ninety 14
(90) days after adoption. 15
(b)(1) The commission and its authorized employees or agents are 16
authorized to may enter any store, vehicle, market, or any other business or 17
place where eggs are bought, stored, sold, offered for sale, or processed. 18
The commission is authori zed to make such inspections as needed of eggs to 19
determine if the grades of the eggs conform to grades as labeled on the 20
exterior of the container. 21
(2) If the inspection determines that the eggs in the container 22
do not conform to the grade as labeled o n the exterior of the container, the 23
commission or its employees or agents are authorized to examine the invoices 24
and such other records as are needed to determine the cause and place of the 25
violation of the rule of this subchapter. 26
(c) The commission an d its authorized employees shall have the power 27
to stop sale of and impound for evidence, retain, or destroy any containers 28
of eggs offered for sale which are in conflict with any provisions of this 29
subchapter. 30
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20-58-215. Inspection fees. 32
(a) For the purpose of financing the administration and enforcement of 33
this subchapter, the State of Arkansas, through the Arkansas Livestock and 34
Poultry Commission, Department of Agriculture shall collect an inspection fee 35
from the any processor, packer, or dealer-wholesaler, or from any of them 36 HB1788
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that sells or transports eggs into the state . 1
(b) The inspection fee and annual permit fee will be set by the 2
commission after review and consultation with the Poultry Federation for all 3
shell eggs and egg produ cts processed or sold in the State of Arkansas. 4
(c) All fees, interest, penalties, or costs collected by the 5
commission as authorized in this section shall be deposited into the State 6
Treasury within thirty (30) days of collection thereof. 7
(d) Upon receipt of the funds, the Treasurer of State shall, after 8
deducting therefrom the collection charge authorized by law, credit the net 9
amount thereof to the credit of the fund to be known as the “Poultry and Egg 10
Grading Fund”, to be used for consumer merchandi sing, consumer education, 11
maintenance, operation, and other expenses of all functions imposed by the 12
provisions of this subchapter . 13
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