ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: LARA DP 5-4-0-0

HB2750: expiration date; eggs; definition

Sponsor: Representative Peña, LD 23

House Engrossed

Overview

Extends the expiration date for Grade AA shell eggs to no more than 30 days after the eggs were candled, sets restrictions on the Arizona Department of Agriculture's (AZDA) standards of quality for eggs and allows persons to resell or advertise Grade AA eggs if certain criteria is met.

History

The AZDA Director determines the standards of quality for chicken eggs produced for commercial sale in Arizona by candling. This process involves shining a bright light through an egg to determine the cleanliness and soundness of the shell, the size and condition of the aircell, and the condition of the yolk, white and germ (A.R.S. §§ 3-701 and 3-705).

These eggs must meet standards, grades and weight classes for eggs prescribed by the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service to receive a quality rating. Egg grading is a voluntary process that is paid for by producers who wish to advertise eggs of a certain quality and it is not required to sell eggs (AMS 56). The highest quality eggs receive an USDA Grade AA, while Grade A eggs have a similar exterior quality with a slightly lower interior quality, usually consisting of runnier egg whites or imperfectly shaped yolks. Egg quality deteriorates over time, which means Grade AA eggs can degrade to Grade A eggs.

All cases, half cases, cartons or containers with eggs must be marked with an expiration date determined by the state based on the grade of those eggs. Grade AA eggs in Arizona have an expiration date of no more than 24 days after they were candled while Grade A eggs have an expiration date of no more than 45 days after the date they were candled. The expiration date printed on Grade AA eggs is preceded by the words "sell by" or "buy thru." The expiration date printed on Grade A eggs is preceded by the words "best by" or "use by" (A.R.S. §§ 3-701 and 3-719).

AZDA is responsible for ensuring egg grades are accurate and consumers are sold eggs of the quality advertised. Egg inspectors are employed by the associate director of AZDA and certified by the USDA to inspect, weigh and examine eggs that are offered for sale in order to verify their quality. People keeping eggs for sale beyond their printed expiration date or for a length of time that has caused them to deteriorate to a lower grade quality than that printed on their packaging (as assessed by a certified egg inspector) are guilty of a class 3 misdemeanor (A.R.S. §§ 3-709, 3-718 and 3-737).

Provisions

1. Extends the expiration date for Grade AA shell eggs to no more than 30 days after the eggs were candled. (Sec. 1)

2. Prohibits AZDA's standards of quality for eggs from prohibiting an egg that otherwise might be deemed Grade A 24 days after candling from being advertised and sold as Grade AA for up to 30 days after candling. (Sec. 2)

3. Allows a person who labels eggs consistent with an invoice and keeps them after purchase to the extent these eggs deteriorate to a lower quality to sell them under the original grade if the eggs are Grade AA and are offered or sold within 30 days after candling. (Sec. 3)

4. Allows a person to advertise, represent or sell eggs marked Grade AA as fresh or Grade AA for up to 30 days after the eggs were candled. (Sec. 4)

5. States that advertising or selling Grade AA eggs for up to 30 days after the eggs were candled is not false, deceptive or misleading. (Sec. 5)

6. Makes technical changes. (Sec. 1, 2, 3, 4, 5)

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10. HB 2750

11. Initials PAB/AH Page 0 House Engrossed

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