AGRICULTURE CODE
CHAPTER 132. EGGS
SUBCHAPTER A. GENERAL PROVISIONS
§ 132.001. DEFINITIONS. In this chapter:
(1) "Egg" means a chicken egg.
(2) "Person" means an individual, firm, corporation,
cooperative, or any other type of business entity.
(3) "Shipped egg" means an egg produced outside this
state and shipped into the state for purposes of resale.
(4) "Texas egg" means an egg that is produced in this
state.
(5) "Inspection" means a personal examination by an
enforcement officer of the department.
Acts 1981, 67th Leg., p. 1314, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 1073, § 1, eff. Sept. 1,
1989.
§ 132.002. LIMITATION OF CHAPTER. This chapter does not
apply to a person selling only eggs that are produced by the
person's own flock and for which the person does not claim a grade.
Acts 1981, 67th Leg., p. 1314, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.003. POWERS AND DUTIES OF DEPARTMENT. (a) The
department shall administer this chapter and adopt and enforce
necessary rules.
(b) The department may:
(1) prescribe record forms and require the reporting
of information as necessary in the administration of this chapter;
and
(2) make reciprocal agreements with other states for
the inspection of locations outside of the state at which eggs are
classed, graded, and weighed.
Acts 1981, 67th Leg., p. 1314, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 7.01, eff. Sept. 1,
1995.
§ 132.004. ADOPTION OF STANDARDS. Standards for the
inspection and regulation of shell eggs, including quality, grade,
and size of shell eggs, shall:
(1) be at least equal to those adopted by the United
States Department of Agriculture and the federal Food and Drug
Administration; and
(2) require that, after initial packing, shell eggs be
stored at a temperature of 45 degrees Fahrenheit or less, provided,
however, that any different temperature standard adopted by the
United States Department of Agriculture and the federal Food and
Drug Administration shall prevail.
Acts 1981, 67th Leg., p. 1314, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 7.02, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 559, § 1, eff. Sept. 1, 1997.
§ 132.005. SAMPLES. (a) The department shall
prescribe methods of selecting samples of lots or containers of
eggs. The methods must be:
(1) reasonably calculated to ensure a fair
representation of the entire lot or container sampled; and
(2) similar to methods prescribed for sampling by the
United States Department of Agriculture.
(b) The department may enter during ordinary business hours
a retail place of business where eggs are offered for sale to the
ultimate consumer or a distribution center where eggs are held
after being received from a packing plant and take for inspection
representative samples of eggs and containers to determine if this
chapter has been violated.
(c) The department shall compensate a place of business
located in this state for the actual cost of eggs taken as samples
under Subsection (b) of this section.
(d) A sample of eggs taken under this section or an official
certificate of grade is prima facie evidence in the courts of this
state of the condition of the entire lot from which the sample is
taken.
Acts 1981, 67th Leg., p. 1314, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 1073, § 2, eff. Sept. 1,
1989.
§ 132.006. OUT-OF-STATE INSPECTION OF RECORDS AND
EXPENSES. (a) If the grade determination and size determination
required by Section 132.041 of this code is performed at a location
outside of this state, the records relating to eggs of a Texas
licensee at that location are subject to inspection by the
department as the department considers necessary.
(b) A licensee whose out-of-state location is inspected
shall reimburse the department for actual and necessary expenses
incurred during the inspection. If a licensee fails to pay those
expenses before the 11th day following the day on which the licensee
receives an invoice from the department, the department may:
(1) automatically cancel the person's license; or
(2) deny a license to any person who is connected with
a person whose license is canceled because of a violation of this
section.
(c) The actual and necessary expenses of the department for
each inspection of an out-of-state location may not exceed:
(1) the actual and necessary expenses for food,
lodging, and local transportation of the inspector; and
(2) the cost of the least expensive available space
round trip air fare from Austin to the location to be inspected.
(d) The department shall schedule as many inspections as
feasible within an area on each inspection trip. If more than one
licensee is inspected in an area during an inspection trip, the
expenses of the trip shall be divided equitably among the licensees
inspected.
(e) The department shall perform sufficient inspections of
the records of out-of-state licensees to ensure that out-of-state
licensees selling eggs in Texas pay inspection fees equal to the
percentage of out-of-state eggs sold in Texas. The department may
contract with the comptroller of public accounts to perform such
inspections.
Acts 1981, 67th Leg., p. 1315, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 915, ch. 216, § 1, Sept. 1,
1983; Acts 1989, 71st Leg., ch. 1073, § 3, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 235, § 1, eff. Sept. 1, 1993.
§ 132.008. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
AGENCY. (a) The department shall initiate negotiations for and
enter into a memorandum of understanding with the Texas Department
of Health to coordinate regulatory programs and eliminate
conflicting regulatory requirements and inspection standards.
(b) The department shall enter into an agreement as required
by Subsection (a) with the Texas Department of Health regarding the
regulation of eggs.
(c) The department and the Texas Department of Health may
enter into memoranda of understanding in areas other than those
under Subsections (a) and (b).
(d) A memorandum of understanding between the department
and the Texas Department of Health must be adopted by the
commissioner and the governing body of the Texas Department of
Health.
(e) After a memorandum of understanding is adopted, the
department shall publish the memorandum of understanding in the
Texas Register.
Added by Acts 1995, 74th Leg., ch. 419, § 7.03, eff. Sept. 1,
1995.
SUBCHAPTER B. LICENSING
§ 132.021. LICENSE REQUIRED. (a) A person may not buy
or sell eggs in this state for the purpose of resale without first
obtaining a license from the department.
(b) This section does not apply to:
(1) a hatchery buying eggs exclusively for hatching
purposes;
(2) a hotel, restaurant, or other public eating place
where all eggs purchased are served by the establishment;
(3) a food manufacturer purchasing eggs for use only
in the manufacture of food products, except for a person who
operates a plant for the purpose of breaking eggs for freezing,
drying, or commercial food manufacturing;
(4) an agent employed and paid a salary by a person
licensed under this chapter; or
(5) a retailer selling eggs to the ultimate consumer
of the eggs.
Acts 1981, 67th Leg., p. 1316, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 7.04, eff. Sept. 1,
1995.
§ 132.022. LICENSE CATEGORIES. (a) A person who is
required by Section 132.021 of this code to be licensed shall apply
to the department for licensing in the category described by this
section that is appropriate to the actions of the person.
(b) A person shall apply for licensing as a broker if the
person never assumes ownership or possession of eggs but acts as an
agent for a fee or commission in the sale or transfer of eggs
between a producer or dealer-wholesaler as seller and a
dealer-wholesaler, processor, or retailer as buyer.
(c) A person shall apply for licensing as a
dealer-wholesaler if the person:
(1) buys eggs from a producer or other person and sells
or transfers the eggs to a dealer-wholesaler, processor, retailer,
consumer, or other person; or
(2) produces eggs from the dealer-wholesaler's own
flock and disposes of the production on a fully graded basis.
(d) A person shall apply for licensing as a processor if the
person operates a plant for the purpose of breaking eggs for
freezing, drying, or commercial food manufacturing.
(e) Repealed by Acts 1995, 74th Leg., ch. 419, §
10.09(16), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1316, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 10.09(16), eff. Sept.
1, 1995.
§ 132.023. RESIDENT AGENT FOR SERVICE. Before
receiving a license required by this chapter, an applicant whose
home office or principal place of business is outside this state
shall file with the department the name of an agent in this state
for service of process in actions by the state or the department in
the enforcement of this chapter.
Acts 1981, 67th Leg., p. 1316, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.024. LICENSE YEAR. (a) Except as provided by
Subsection (b) of this section, a license required by this chapter
is valid from September 1 of each year through August 31 of the
following year.
(b) A license issued to a new business under this chapter is
valid from the date of issuance through the following August 31,
unless the new license is issued in August, in which event the
license is valid through August 31 of the following year.
Acts 1981, 67th Leg., p. 1316, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.025. TIME FOR PAYMENT OF LICENSE FEE. (a) An
applicant for an initial license shall pay the license fee prior to
the issuance of the license.
(b) An applicant for the renewal of a license must pay the
license fee during the last month of the license year. A person who
fails to apply for a renewal license on or before the expiration
date must pay, in addition to the renewal fee, the late fee provided
by Section 12.024 of this code.
Acts 1981, 67th Leg., p. 1317, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 127, eff. Sept. 1,
1989.
§ 132.026. FEE FOR DEALER-WHOLESALER LICENSE. (a) The
license fee for each plant operated by a dealer-wholesaler is
provided by department rule.
(b) The fee for an initial dealer-wholesaler's license
shall be adjusted when records of the applicant's first license
year are available.
(c) Repealed by Acts 1995, 74th Leg., ch. 419, §
10.09(17), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1317, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 4285, ch. 682, § 8, eff.
Sept. 1, 1983; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.09,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.53,
10.09(17), eff. Sept. 1, 1995.
§ 132.027. FEE FOR PROCESSOR'S LICENSE. (a) The
license fee for each plant operated by a processor is provided by
department rule.
(b) The fee for an initial processor's license shall be
adjusted when records of the applicant's first license year are
available.
(c) Repealed by Acts 1995, 74th Leg., ch. 419, §
10.09(18), eff. Sept. 1, 1995.
Acts 1981, 67th Leg., p. 1317, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, § 9, eff.
Sept. 1, 1983; Acts 1995, 74th Leg., ch. 419, § 2.54, 10.09(18),
eff. Sept. 1, 1995.
§ 132.028. FEE FOR BROKER'S LICENSE. The department
shall charge a license fee, as provided by department rule, for a
broker.
Acts 1981, 67th Leg., p. 1318, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 4286, ch. 682, § 10, eff.
Sept. 1, 1983; Acts 1995, 74th Leg., ch. 419, § 2.55, eff. Sept.
1, 1995.
SUBCHAPTER C. GRADE DETERMINATION, SIZE DETERMINATION, AND
LABELING
§ 132.041. GRADE DETERMINATION AND SIZE
DETERMINATION. (a) Grades and sizes established for eggs sold in
this state must be established by candling and weighing by a person
licensed under this chapter.
(b) The candling and weighing must be made at:
(1) the licensee's place of business within this
state; or
(2) a designated location outside the state.
Acts 1981, 67th Leg., p. 1318, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 1073, § 4, eff. Sept. 1,
1989.
§ 132.042. GRADING AND CLASSIFICATION REQUIRED. Eggs
offered for sale shall be:
(1) classified as Texas eggs or shipped eggs, as
applicable; and
(2) graded and weighed according to:
(A) consumer grade and weight classes, if the
eggs are offered for sale to consumers; or
(B) wholesale grade and weight classes, if the
eggs are offered for sale at wholesale.
Acts 1981, 67th Leg., p. 1318, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.043. INSPECTION FEES. (a) A person licensed
under this chapter who first establishes the grade, size, and
classification of eggs offered for sale or sold in this state shall
collect a fee, as provided by department rule.
(b) A processor licensed under this chapter shall pay an
inspection fee, as provided by department rule, on the processor's
first use or change in form of the eggs processed.
(c) Licensees required by this section to collect or pay a
special fee shall remit the fee monthly in accordance with rules
established by the department.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.11, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.56, eff. Sept.
1, 1995.
§ 132.044. LABELING REQUIREMENTS FOR EGG
CONTAINERS. (a) A container in which eggs for human consumption
are offered for retail or wholesale must be legibly labeled with a
statement showing:
(1) the size and grade of the eggs in the container;
(2) the address, including the city and state, and the
license number of the person who graded and sized the eggs; and
(3) if the eggs were sized and graded at an address
other than that provided under Subdivision (2) of this subsection:
(A) the address at which the eggs were sized and
graded; or
(B) a department approved code.
(b) Statements on the egg container must be in accordance
with the rules of the department.
(c) A container required to be labeled under Subsection (a)
of this section may not be deceptively labeled, advertised, or
invoiced.
(d) If the department determines that an emergency exists
that prevents or hinders labeling as provided by this section, the
department may allow eggs to be labeled in another manner that
includes the address and license number of a licensee and the size
and grade of the eggs.
(e) The department may provide for the repacking,
downgrading, or both repacking and downgrading of eggs by a
retailer.
Acts 1981, 67th Leg., p. 1318, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1983, 68th Leg., p. 915, ch. 216, § 2, 3, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 235, § 2, eff. Sept. 1,
1993.
§ 132.045. SANITATION REQUIRED. (a) Eggs shall be
handled under reasonably sanitary conditions in compliance with the
rules of the department.
(b) After being received from the producer, shell eggs
intended for human consumption shall be handled in a manner that
prevents undue deterioration.
(c) Eggs in the possession of a person engaged in the sale of
eggs are presumed to be intended for human consumption unless the
eggs are:
(1) denatured; or
(2) labeled in accordance with a specific intended use
other than human consumption.
Acts 1981, 67th Leg., p. 1319, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.046. SPECIAL REQUIREMENTS FOR SHIPPED
EGGS. Shipped eggs coming into Texas in cartons ready for retail
sale must be at least Grade A, as established by a Texas licensee.
Shipped eggs coming into Texas loosed packed must be inspected and
graded by a Texas licensee at the licensee's place of business in
Texas before being sold at retail. All shipped eggs must be
transported under refrigeration in compliance with the rules of the
department.
Acts 1981, 67th Leg., p. 1319, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.047. UNCARTONED EGGS. (a) Eggs offered for sale
that are not in a carton must be in a container that:
(1) contains all information required by Section
132.044 of this code; and
(2) displays the information in legible letters at
least one inch high on a sign attached to the container.
(b) This section does not apply to a retailer's sale of
ungraded eggs if the eggs are clearly labeled as being ungraded and
the retailer sells less than 120 dozen eggs a week.
Acts 1981, 67th Leg., p. 1319, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER D. RECORDS
§ 132.061. RECORDS. (a) A licensed dealer-wholesaler
or processor shall keep on file for two years a complete record of
all eggs bought and sold, including:
(1) the name and address of the person from whom eggs
were purchased or to whom eggs were sold;
(2) the number of cases or dozens of eggs sold in each
transaction; and
(3) the date of each transaction.
(b) If a person required to keep records by this section is
also a retailer and has purchased eggs in less than case lots, the
person need not keep records indicating to whom eggs purchased from
a particular dealer-wholesaler are sold.
(c) A person required to keep records under this section
shall make the records available for inspection by the department
at all reasonable times.
Acts 1981, 67th Leg., p. 1319, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.062. INVOICE. A licensed dealer-wholesaler or
processor shall:
(1) deliver with each transaction, sale, or delivery a
signed invoice stating the date, quantity, grade, and size of eggs
sold; and
(2) keep a copy of the invoice for two years.
Acts 1981, 67th Leg., p. 1320, ch. 388, § 1, eff. Sept. 1, 1981.
SUBCHAPTER E. ENFORCEMENT
§ 132.071. STOP-SALE ORDER. (a) If the department
determines that eggs are not in compliance with this chapter, the
department shall issue and enforce an order to stop the sale of the
eggs.
(b) A person may not sell eggs to which a stop-sale order
applies until the department determines that the eggs are in
compliance with this chapter.
(c) A person to whom a stop-sale order is issued may submit
the eggs for reinspection to an authorized United States Department
of Agriculture inspector. If on reinspection the eggs fail to meet
the specifications of the grades with which they are labeled, the
seller must re-mark or re-package the eggs to meet the
specifications for their actual grades before selling the eggs.
Acts 1981, 67th Leg., p. 1320, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.0715. CIVIL PENALTY; INJUNCTION. (a) A person
who violates this chapter or a rule adopted under this chapter is
liable to the state for a civil penalty not to exceed $500 for each
violation. Each day a violation continues may be considered a
separate violation for purposes of a civil penalty assessment.
(b) On request of the department, the attorney general or
the county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect the
penalty in a legal action on behalf of the state.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the General Revenue
Fund. All civil penalties recovered in suits first instituted by a
local government or governments under this section shall be equally
divided between the State of Texas and the local government or
governments with 50 percent of the recovery to be paid to the
General Revenue Fund and the other 50 percent equally to the local
government or governments first instituting the suit.
(d) The department is entitled to appropriate injunctive
relief to prevent or abate a violation of this chapter or a rule
adopted under this chapter. On request of the department, the
attorney general or the county or district attorney of the county in
which the alleged violation is threatened or is occurring shall
file suit for the injunctive relief. Venue is in the county in
which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, § 128, eff. Sept. 1,
1989.
§ 132.072. REVOCATION, MODIFICATION, OR SUSPENSION OF
LICENSE. (a) The department shall revoke, modify, or suspend a
license, assess an administrative penalty, place on probation a
person whose license has been suspended, or reprimand a licensee
for a violation of this chapter or a rule adopted by the department
under this chapter.
(b) If a license suspension is probated, the department may
require the person to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
department; or
(3) continue or renew professional education until the
person attains a degree of skill satisfactory to the department in
those areas that are the basis of the probation.
(c) If the department proposes to revoke, modify, or suspend
a person's license, the person is entitled to a hearing conducted
under Section 12.032. The decision of the department is appealable
in the same manner as provided for contested cases under Chapter
2001, Government Code.
Acts 1981, 67th Leg., p. 1320, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 129, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 419, § 3.27, eff. Sept. 1, 1995.
SUBCHAPTER F. PENALTIES
§ 132.081. GENERAL PENALTY. (a) A person commits an
offense if the person violates a provision of this chapter.
(b) An offense under this chapter is a misdemeanor
punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1320, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.082. SELLING INEDIBLE EGGS. (a) A person
commits an offense if the person sells, in bulk or in containers,
eggs that are not denatured and are inedible for any reason,
including eggs that are:
(1) leakers;
(2) affected by black, white, or mixed rot;
(3) addled;
(4) incubated; or
(5) contaminated by a blood ring or an embryo chick at
or beyond the blood-ring stage.
(b) It is an exception to the application of this section
that:
(1) the inedible eggs do not exceed five percent by
count of the eggs sold; and
(2) the eggs are sold to:
(A) a dealer for candling and grading; or
(B) a breaking plant for breaking purposes.
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1320, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.083. IMPROPER USE OF THE PREFIX "U.S." (a) A
person commits an offense if the person uses the prefix "U.S." on
grades and weight classes of shell eggs that are not graded under
official United States Department of Agriculture supervision.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1321, ch. 388, § 1, eff. Sept. 1, 1981.
§ 132.084. MISLEADING ADVERTISING. (a) A person
commits an offense if the person:
(1) advertises or sells shell eggs below the quality
of Grade A by describing the eggs as "fresh," "yard," "selected,"
"hennery," "new-laid," "infertile," "cage," or with words that have
similar meaning; or
(2) advertises eggs by price without also indicating
the full, correct, and unabbreviated designation of size and grade
of the eggs.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $50 nor more than $1,000.
Acts 1981, 67th Leg., p. 1321, ch. 388, § 1, eff. Sept. 1, 1981.
