(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.

Terms Used In Texas Agriculture Code 132.005

  • Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(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.

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