(1) No person shall buy, sell, trade, traffic, or process eggs in Kentucky without a license issued pursuant to the egg marketing law, with the following exceptions:
(a) Hatcheries purchasing eggs to be used exclusively for hatching purposes;
(b) Hotels, restaurants, and other eating places where all eggs purchased are served in the establishment;
(c) Bakeries, confectioneries, and ice cream manufacturers who use eggs in a manufactured product;
(d) Consumers buying eggs for their own consumption; or
(e) Producers who sell only directly to consumers and do not exceed a sales limit of sixty (60) dozen eggs per calendar week.
(2) Any person engaged in the act of selling shell eggs or egg products under any of the following circumstances shall have all shell eggs and egg products placed under a stop order:
(a) Selling or otherwise marketing shell eggs or egg products without a license;
(b) Selling or otherwise marketing shell eggs or egg products without first submitting an emergency recall plan to the department; or
(c) Failing to remit or pay fines owed to the department.
(3) Any person engaged in the act of selling or otherwise marketing shell eggs under the following conditions shall have those eggs placed under a stop order for:
(a) Failing to have the proper labels attached, as required by KRS § 260.630; or
(b) Failing to meet the tolerances of consumer grades and consumer grade quality standards, as required by KRS § 260.620.
(4) Any person engaged in the act of selling or otherwise marketing shell eggs or egg products shall have these shell eggs or egg products placed under a withdraw from sale order for the following reasons:
(a) Ambient temperature above forty-five (45) degrees Fahrenheit for a period of four (4) hours or more; or
(b) Contamination or any condition which may render the shell eggs or egg products unfit for human consumption.
The withdraw from sale order shall remain in effect until such time as the disposition of the shell eggs or egg products has been determined by the department.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 66, sec. 2, effective July 15, 2008. — Amended
2006 Ky. Acts ch. 215, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch.
40, sec. 2, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 208, sec. 2, effective July 15, 1998. — Created 1956 Ky. Acts ch. 121, sec. 2, effective January 1,
1957.