Eggs

Ark. Code Ann. tit. 20, ch. 58

in effect

Ark. Code Ann. § 20-58-201 Title.

This subchapter shall be known and cited as the “Arkansas Egg Marketing Act of 1969”.

Ark. Code Ann. § 20-58-203 Applicability.

This subchapter shall be applicable to all retailers of eggs except that retailers shall be permitted to sell eggs when the eggs are purchased directly from producers who own fewer than seven hundred (700) hens, provided that the following requirements are met: (1) The eggs are washed and clean; (2) The eggs are prepackaged and identified as ungraded with the name and address of the producer; (3) The used cartons are not used unless all brand markings and other identification are obliterated; and (4) The eggs are refrigerated and maintained at a temperature of forty-five degrees Fahrenheit (45° F) or below.

Ark. Code Ann. § 20-58-204 Penalties.

(a) Any person, firm, or corporation violating any of the provisions of this subchapter or rules of the Arkansas Board of Animal Health shall be guilty of a violation and shall upon conviction: (1) For the first offense, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); (2) For the second offense, be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250); and (3) For the third offense, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (b) In addition to fines, in the discretion of the court: (1) For the first offense, his or her permit may be suspended not more than thirty (30) days; (2) For the second offense, his or her permit may be suspended not more than sixty (60) days; and (3) For the third offense or any subsequent offense, his or her grading and packing permit may be revoked. (c) Public notice shall be made upon conviction of violation under this subchapter.

Ark. Code Ann. § 20-58-205 Employees of Department of Agriculture — Powers and duties.

All duties and functions required to be performed by the Arkansas Board of Animal Health under the provisions of this subchapter shall be performed by the Department of Agriculture or its authorized employees. 20-58-206. Arkansas Board of Animal Health — Establishment of standards. (a) The Arkansas Board of Animal Health shall establish standards for the grading, classification, and marking of shell eggs bought and sold by any person, firm, or corporation in the State of Arkansas. (b) The standards shall, on the date of the sale to the consumer, conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the “United States Standards, Grades and Weight Classes for Shell Eggs”, authorized under 7 U.S.C. § 1624, effective July 11, 1952, and amendments thereto. (c) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this subchapter. Any egg described by the United States Department of Agriculture as being inedible shall be deemed inedible under the provisions of this subchapter.

Ark. Code Ann. § 20-58-206 Arkansas Livestock and Poultry Commission — Establishment of standards.

(a) The Arkansas Livestock and Poultry Commission shall establish standards for the grading, classification, and marking of shell eggs bought and sold by any person, firm, or corporation in the State of Arkansas. (b) The standards shall, on the date of the sale to the consumer, conform to the minimum standards promulgated by the United States Department of Agriculture as defined in the “United States Standards, Grades and Weight Classes for Shell Eggs”, authorized under 7 U.S.C. § 1624, effective July 11, 1952, and amendments thereto. (c) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for the enforcement of this subchapter. Any egg described by the United States Department of Agriculture as being inedible shall be deemed inedible under the provisions of this subchapter.

Ark. Code Ann. § 20-58-207 Prohibited acts.

(a) No person, firm, or corporation shall sell, traffic in, or deliver to the retail or consuming trade any eggs unfit for human food. (b) It shall be unlawful to: (1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated; (2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Board of Animal Health; or (3) Use descriptive terminology such as “fresh” to represent the same to be “fresh” any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the board. (c) No eggs shall be sold for resale to consumers below U.S. Consumer Grade B. (d) All restaurants, hotels, hospitals, and other eating establishments which knowingly purchase, sell, serve, or use in food preparation eggs below U.S. Consumer Grade B quality will be in violation of this subchapter. (e)(1) Except as provided in subdivision (e)(2) of this section, eggs in retail shall not be removed from the immediate container in which the eggs were received and placed into a different container by the retailer. (2) Eggs in retail may be removed from the immediate container in which the eggs were received and placed into a different container by the retailer if eggs used to replace missing or broken eggs: (A) Are of the same packer as the missing or broken eggs, as evidenced by the license number printed or stamped on the carton or container; (B) Are of the same grade and size as the missing or broken eggs, as evidenced by the label on the carton or container; (C) Have the same expiration date, lot code, or Julian date as the missing or broken eggs, as evidenced by the label or stamp on the carton or container; (D) Are from the same brand as the missing or broken eggs, as evidenced by the label; and (E) Are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material.

Ark. Code Ann. § 20-58-208 Display of grade and size required.

(a) All eggs advertised or displayed for sale for human food shall designate the correct grade and size. The designation shall also appear on the exterior of the container in which the eggs are offered for sale. (b) Restaurants, hotels, and other eating establishments using eggs below “A” quality shall be required to display a placard of ″ sturdy quality of not less than eight inches by eleven inches (8 × ″ 11 ), stating the quality and weight of the eggs used by the establishment in a location where it can easily be seen by the customers or, in lieu thereof, place this information on the menu.

Ark. Code Ann. § 20-58-209 Packing and grading permit.

(a) All packing and grading permits shall be conspicuously posted in the place of business to which they apply. (b) The permit year shall be twelve (12) months or any fraction thereof beginning July 1 and ending June 30 of each year. (c) No permit shall be transferable, but it may be moved from one (1) place to another with the consent of the Arkansas Livestock and Poultry Commission. (d) No person shall operate a shell egg processing plant and egg candling room or an egg breaking plant before the plant or room has been approved by the Arkansas Board of Animal Health or its authorized agent and a permit issued.

Ark. Code Ann. § 20-58-210 Refrigeration of eggs — Temperature and labeling requirements.

(a) All shell eggs packed in containers for the purpose of resale to consumers shall be stored and transported under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F) . (b) All shell eggs that are packed into containers for the purpose of resale to the consumer shall be labeled with the following statement: “Keep refrigerated at or below 45 degrees Fahrenheit”. (c) Every person, firm, or corporation selling eggs for the purpose of resale to the consumer must store and transport shell eggs under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45° F) , and all containers of eggs must be labeled with the following statement: “Keep refrigerated at or below 45 degrees Fahrenheit”. This includes retailers, institutional users, dealer-wholesalers, food handlers, transportation firms, or any person who delivers to the retail or consuming trade. (d) Packers shall not be responsible for the interior quality of eggs unless all recommended handling procedures in this section are followed by all parties after the sale of the eggs by the packer. (e)(1) Every person, firm, or corporation selling eggs for the purpose of direct delivery to the consumer shall, during delivery, maintain eggs at an ambient temperature no greater than forty-five degrees Fahrenheit (45°F). (2) Eggs shall be delivered to the consumer dry and not saturated in melted ice water.

Ark. Code Ann. § 20-58-211 Sales to retailers or manufacturers.

(a) Every person, firm, or corporation selling eggs to a retailer or manufacturer shall furnish an invoice showing the size and quality of the eggs according to the standards prescribed by this subchapter together with the name and address of the person by whom the eggs were sold. (b) This invoice shall be retained for two (2) years.

Ark. Code Ann. § 20-58-212 Retail sales.

(a) Any and all eggs offered for sale at retail shall be prepackaged. (b) All eggs offered for sale at retail shall be plainly marked as to grade and size with letters not less than three-eighths inch (3/8") in height. (c) Each container of eggs offered for sale at retail shall bear on the exterior of the container the following: (1) The identity of the packer must be by registry of United States Department of Agriculture plant number or by state permit number or name of packer; (2) The date the eggs were packed; and (3) The correct grade and size of the eggs.

Ark. Code Ann. § 20-58-213 Possessor of eggs deemed owner — Exceptions.

All eggs shall be considered the property of the person in whose possession they are found except those in the custody of common carriers or a public warehouse where the owner is identified by record.

Ark. Code Ann. § 20-58-214 Enforcement.

(a) The Arkansas Board of Animal Health shall enforce the provisions of this subchapter and is authorized to make and promulgate such rules as may be necessary thereto. (b)(1)(A) The Department of Agriculture and its authorized employees or agents may enter any store, vehicle, market, or any other business or place where eggs are bought, stored, sold, offered for sale, or processed. (B) The department is authorized to make such inspections as needed of eggs to determine if the grades of the eggs conform to grades as labeled on the exterior of the container. (2) If the inspection determines that the eggs in the container do not conform to the grade as labeled on the exterior of the container, the department or its employees or agents are authorized to examine the invoices and such other records as are needed to determine the cause and place of the violation of the rule of this subchapter. (c) The department and its authorized employees shall have the power to stop sale and impound, retain, or destroy any containers of eggs offered for sale which are in conflict with any provisions of this subchapter.

Ark. Code Ann. § 20-58-215 Inspection fees.

(a) For the purpose of financing the administration and enforcement of this subchapter, the Department of Agriculture shall collect an inspection fee from any processor, packer, or dealer-wholesaler that sells or transports eggs into the state. (b) The inspection fee and annual permit fee will be set by the Arkansas Board of Animal Health . (c) All fees, interest, penalties, or costs collected by the commission as authorized in this section shall be deposited into the State Treasury within thirty (30) days of collection thereof. (d) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount thereof to the credit of the fund to be known as the “Poultry and Egg Grading Fund” .

Ark. Code Ann. § 20-58-216 Audits.

(a) Annual audits of all permit holders, including out-of-state permit holders, will be performed by the Department of Agriculture to ensure proper reporting of egg inspection fees. (b)(1) Travel expenses incurred in conducting out-of-state audits are to be reimbursed to the department by out-of-state permit holders. (2) The State of Arkansas’s out-of-state daily allowance for meals and lodging will be the maximum amount reimbursable, plus travel expenses to and from locations of permit holders.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026