A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale within this state without first obtaining a license from the division.

Terms Used In Arizona Laws 3-714

  • Candling: means the visual examination of eggs to establish their quality by the use of transmitted light 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. See Arizona Laws 3-701
  • Consumer: means a person who buys eggs for use as food and not for resale in any form. See Arizona Laws 3-701
  • Dealer: means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state. See Arizona Laws 3-701
  • Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-701
  • Eggs: means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. See Arizona Laws 3-701
  • Manufacturer: means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption. See Arizona Laws 3-701
  • Person: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
  • Producer: means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state. See Arizona Laws 3-701
  • Producer-dealer: means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers. See Arizona Laws 3-701
  • Retailer: means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale. See Arizona Laws 3-701
  • Writing: includes printing. See Arizona Laws 1-215

B. Applications for the license shall be made in writing upon forms obtained from the division, accompanied by a license fee as provided by this section.

C. The annual license fee shall be twenty-five dollars for each place or location where the business of the applicant is being or will be conducted. An exclusive retailer selling to consumers only is exempt from the license fee. The license shall be conspicuously displayed and posted at each place or location where the business of the licensee is conducted. Licenses shall expire on February 28 following the issuance thereof. A new license may be obtained for an additional period of one year upon written application and payment of a fee of twenty-five dollars for each place or location where the business is being or will be conducted.

D. Each applicant for a license shall state the name and address of the applicant, the location of each place or location where the business of the applicant is being or is intended to be conducted and that the applicant will in the conduct of the business comply with this article and the rules adopted pursuant to this article.

E. The provisions of this section shall not apply to consumers or persons who are exclusively retailers of egg products.

F. Persons handling eggs in a retail establishment for retail sale only to a consumer, or eggs which have been candled, graded and sold by a producer or a licensed person under this section, having proper refrigeration facilities for handling and storing the eggs at their retail place of business, shall not be subject to the licensing provisions of this section.

G. The licensing provisions of this section shall not apply to retailers complying with section 3-715, subsection A.

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