Arkansas 2023 Regular Session

Arkansas House Bill HB1788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 598 of the Regular Session
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4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1788 3
8	7		4
9	8		By: Representative Lynch 5
10	9		6
11	10		For An Act To Be Entitled 7
12	11		AN ACT TO AMEND THE LAW CONCERNING EGG M ARKETING; TO 8
13	12		AMEND THE ARKANSAS E GG MARKETING ACT OF 1969; AND FOR 9
14	13		OTHER PURPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		TO AMEND THE LAW CONCERNING EGG 14
19	18		MARKETING; AND TO AMEND THE ARKANSAS EGG 15
20	19		MARKETING ACT OF 1969. 16
21	20		17
22	21		18
23	22		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
24	23		20
25	24		SECTION 1. Arkansas Code § 20 -58-202(5)(A), concerning the definition 21
26	25		of "immediate container" under the Arkansas Egg Marketing Act of 1969, is 22
27	26		amended to read as follow: 23
28	27		(A) “Immediate container” mea ns any consumer package or 24
29	28		other container in which shell eggs , not consumer-packaged, are packed for 25
30	29		household or other ultimate consumers ; and 26
31	30		27
32	31		SECTION 2. Arkansas Code § 20 -58-203 is amended to read as follows: 28
33	32		20-58-203. Applicability. 29
34	33		This subchapter shall be applicable to all retailers of eggs except 30
35	34		that retailers shall be permitted to sell eggs when the eggs are purchased 31
36	35		directly from producers who own fewer than two hundred (200) seven hundred 32
37	36		(700) hens, provided that the following requirem ents are met: 33
38	37		(1) The eggs are washed and clean; 34
39	38		(2) The eggs are prepackaged and identified as ungraded with the 35
40	39		name and address of the producer; 36 HB1788
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45	44		(3) The used cartons are not used unless all brand markings and 1
46	45		other identification are obliterate d; and 2
47	46		(4) The eggs are refrigerated and maintained at a temperature of 3
48	47		forty-five degrees Fahrenheit (45° F) or below. 4
49	48		5
50	49		SECTION 3. Arkansas Code § 20 -58-205 is amended to read as follows: 6
51	50		20-58-205. Employees of Arkansas Livestock and Poultry Commi ssion 7
52	51		Department of Agriculture — Powers and duties. 8
53	52		All duties and functions required to be performed by the Arkansas 9
54	53		Livestock and Poultry Commission under the provisions of this subchapter 10
55	54		shall be performed by the commission Department of Agriculture or its 11
56	55		authorized employees. 12
57	56		13
58	57		SECTION 4. Arkansas Code § 20 -58-207(b)(3), concerning prohibited acts 14
59	58		under the Arkansas Egg Marketing Act of 1969, is amended to read as follows: 15
60	59		(3) Use descriptive terminology such as “fresh” , “farm”, 16
61	60		“country”, etc., or to represent the same to be “fresh” any eggs excepting 17
62	61		those eggs that meet the minimum requirements of Grade A or higher according 18
63	62		to the standards set forth by the commission. 19
64	63		20
65	64		SECTION 5. Arkansas Code § 20 -58-207, concerning prohibited acts under 21
66	65		the Arkansas Egg Marketing Act of 1969, is amended to add an additional 22
67	66		subsection to read as follows: 23
68	67		(e) Eggs in retail shall not be removed from the immediate container 24
69	68		in which the eggs were received and placed into a different container by the 25
70	69		retailer. 26
71	70		27
72	71		SECTION 6. Arkansas Code § 20 -58-208 - § 20-58-210 are amended to read 28
73	72		as follows: 29
74	73		20-58-208. Display of grade and size required. 30
75	74		(a) All eggs advertised or displayed for sale for human food shall 31
76	75		designate the correct grade and size. The designation shall also appear on 32
77	76		the exterior of the container in which the eggs are offered for sale. 33
78	77		(b) Restaurants, hotels, and other eating places establishments using 34
79	78		eggs below “A” quality shall be required to display a placard of heavy 35
80	79		cardboard sturdy quality of not less than eight inches by eleven inches (8 ″ × 36 HB1788
81	80
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85	84		11″), stating the quality and weight of the eggs used by the establishment in 1
86	85		a location where it can easily be seen by the customers or, in lieu thereof, 2
87	86		place this information on the men u. 3
88	87		4
89	88		20-58-209. Packing and grading Egg handler permit. 5
90	89		(a) All packing and grading egg handler permits shall be conspicuously 6
91	90		posted in the place of business to which they apply. 7
92	91		(b) The annual permit year shall be twelve (12) months or any fraction 8
93	92		thereof beginning July 1 and ending June 30 of each year. 9
94	93		(c) No permit shall be transferable, but it if the permit holder 10
95	94		relocates, the permit may be moved from one (1) place to another with the 11
96	95		consent of the Arkansas Livestock and Poultry Commission Department of 12
97	96		Agriculture. 13
98	97		(d) No person shall operate a shell egg processing plant and egg 14
99	98		candling room or an egg breaking plant before the plant or room has been 15
100	99		approved by the commission or its authorized agent and a permit issued. 16
101	100		17
102	101		20-58-210. Refrigeration of eggs — Temperature and labeling 18
103	102		requirements. 19
104	103		(a) All shell eggs packed in containers for the purpose of resale to 20
105	104		consumers shall be stored and transported under refrigeration at an ambient 21
106	105		temperature no greater than forty -five degrees Fahrenheit (45° F) or seven and 22
107	106		two-tenths degrees Celsius (7.2° C) . 23
108	107		(b) All shell eggs that are packed into containers for the purpose of 24
109	108		resale to the consumer shall be labeled with the following statement: “Keep 25
110	109		refrigerated at or below 45 degrees Fahre nheit”. 26
111	110		(c) Every person, firm, or corporation selling eggs for the purpose of 27
112	111		resale to the consumer must store and transport shell eggs under 28
113	112		refrigeration at an ambient temperature no greater than forty -five degrees 29
114	113		Fahrenheit (45° F) or seven and two-tenths degrees Celsius (7.2° C) , and all 30
115	114		containers of eggs must be labeled with the following statement: “Keep 31
116	115		refrigerated at or below 45 degrees Fahrenheit”. This includes retailers, 32
117	116		institutional users, dealer -wholesalers, food handlers, transportatio n firms, 33
118	117		or any person who delivers to the retail or consuming trade. 34
119	118		(d) Packers shall not be responsible for the interior quality of eggs 35
120	119		unless all recommended handling procedures in this section are followed by 36 HB1788
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125	124		all parties after the sale of the eggs by the packer. 1
126	125		(e)(1) Every person, firm, or corporation selling eggs for the purpose 2
127	126		of direct delivery to the consumer shall, during delivery, maintain eggs at 3
128	127		an ambient temperature no greater than forty -five degrees Fahrenheit (45°F). 4
129	128		(2) Eggs shall be delivered to the consumer dry and not 5
130	129		saturated in melted ice water. 6
131	130		7
132	131		SECTION 7. Arkansas Code § 20 -58-214 - § 20-58-215 are amended to read 8
133	132		as follows: 9
134	133		20-58-214. Enforcement. 10
135	134		(a)(1) The Arkansas Livestock and Poultry Commission shall enforce the 11
136	135		provisions of this subchapter and is authorized to make and promulgate such 12
137	136		rules as may be necessary thereto. 13
138	137		(2) The rules shall be publicized and become effective ninety 14
139	138		(90) days after adoption. 15
140	139		(b)(1) The commission and its authorized employees or agents are 16
141	140		authorized to may enter any store, vehicle, market, or any other business or 17
142	141		place where eggs are bought, stored, sold, offered for sale, or processed. 18
143	142		The commission is authori zed to make such inspections as needed of eggs to 19
144	143		determine if the grades of the eggs conform to grades as labeled on the 20
145	144		exterior of the container. 21
146	145		(2) If the inspection determines that the eggs in the container 22
147	146		do not conform to the grade as labeled o n the exterior of the container, the 23
148	147		commission or its employees or agents are authorized to examine the invoices 24
149	148		and such other records as are needed to determine the cause and place of the 25
150	149		violation of the rule of this subchapter. 26
151	150		(c) The commission an d its authorized employees shall have the power 27
152	151		to stop sale of and impound for evidence, retain, or destroy any containers 28
153	152		of eggs offered for sale which are in conflict with any provisions of this 29
154	153		subchapter. 30
155	154		31
156	155		20-58-215. Inspection fees. 32
157	156		(a) For the purpose of financing the administration and enforcement of 33
158	157		this subchapter, the State of Arkansas, through the Arkansas Livestock and 34
159	158		Poultry Commission, Department of Agriculture shall collect an inspection fee 35
160	159		from the any processor, packer, or dealer-wholesaler, or from any of them 36 HB1788
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165	164		that sells or transports eggs into the state . 1
166	165		(b) The inspection fee and annual permit fee will be set by the 2
167	166		commission after review and consultation with the Poultry Federation for all 3
168	167		shell eggs and egg produ cts processed or sold in the State of Arkansas. 4
169	168		(c) All fees, interest, penalties, or costs collected by the 5
170	169		commission as authorized in this section shall be deposited into the State 6
171	170		Treasury within thirty (30) days of collection thereof. 7
172	171		(d) Upon receipt of the funds, the Treasurer of State shall, after 8
173	172		deducting therefrom the collection charge authorized by law, credit the net 9
174	173		amount thereof to the credit of the fund to be known as the “Poultry and Egg 10
175	174		Grading Fund”, to be used for consumer merchandi sing, consumer education, 11
176	175		maintenance, operation, and other expenses of all functions imposed by the 12
177	176		provisions of this subchapter . 13
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