TITLE 3

Agriculture

Marketing of Agricultural Products

CHAPTER 35. EGGS


As used in this chapter, unless the context clearly requires a different construction:

(1) "Eggs" means eggs in the shell that are the product of domesticated chickens.

(2) "Consumer" means any person who acquires eggs for consumption in his own household and not for resale.

(3) "Institutional consumer" means a restaurant, hotel, boardinghouse or any other business, facility or place in which eggs are prepared or offered as food for use by its patrons, residents, inmates or patients.

(4) "Retailer" means any person who markets eggs to ultimate consumers.

(5) "Market" means sell, offer for sale, give in the channels of commerce, barter, exchange, or distribute in any manner.

(6) "Person" means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation or any other entity and any member, officer, employee or agent thereof.

(7) "Grade" means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number or other symbol by which reference thereto may be made.

(8) "Standard" means specifications of the physical characteristics of any or all of the component parts of individual eggs.

43 Del. Laws, c. 88, § 5; 3 Del. C. 1953, § 3501; 56 Del. Laws, c. 258, § 1.;

The Department of Agriculture shall establish, and from time to time, may amend or revise standards, grades, and size-weight classes for eggs marketed in Delaware. In administering this section, the Department of Agriculture shall have due regard for the desirability of uniformity in the standards, grades and size-weight classes for eggs moving in intrastate and interstate commerce and may employ standards, grades or size-weight classes developed by the United States Department of Agriculture.

43 Del. Laws, c. 88, § 1; 3 Del. C. 1953, § 3502; 56 Del. Laws, c. 258, § 1; 57 Del. Laws, c. 764, § 14.;

The standards, grades, weight classes and tolerance for individual shell eggs adopted by the United States Department of Agriculture, Poultry Division of the Agricultural Marketing Service are adopted as the official standards, grades, weight classes and tolerance for this State. Such adopted standards apply to consumer grades only. Supplements to, and revisions of, the United States Department of Agriculture's standards, grades, weight classes and tolerance shall serve to effect similar changes in the standards, grades, weight classes and tolerance for this State.

Official standards for quality for individual shell eggs are:

Grade AA;

Grade A;

Grade B;

Unclassified.

43 Del. Laws, c. 88, § 2; 3 Del. C. 1953, § 3503; 56 Del. Laws, c. 258, § 1.;

(a) The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof:

(1) The grade of the eggs;

(2) The size-weight class of the eggs;

(3) The word "eggs";

(4) The numerical count of the contents;

(5) The name and address of the packer or distributor.

(b) Eggs marketed in any manner other than in containers labeled in accordance with subsection (a) of this section shall be kept in full view of the prospective purchaser and shall have adjacent thereto, and prominently displayed, a sign or similar device bearing the grade and size-weight class of the eggs. Eggs not graded for quality shall be marked "UNCLASSIFIED." Eggs not sorted into official size classes shall be marked "UNCLASSIFIED." Such sign or device shall bear letters and numbers at least 1/2 inch in height of such character as shall be clearly visible to prospective purchasers.

(c) The term "fresh eggs," or any legend, symbol, picture, representation or device declaring or tending to convey the impression that the eggs are fresh, may be applied only to eggs meeting the requirements of grade A or AA.

(d) No label, container, display, or advertisement of eggs shall contain incorrect, fraudulent, or misleading representations. No person shall advertise eggs for sale unless the unabbreviated grade and size-weight class are conspicuously designated in block letters at least half as high as the tallest letter in the word "eggs" or the tallest figure in the price, whichever is larger.

(e) Letters and numerals used to designate the grade and size-weight class of eggs marketed in containers shall be clearly legible and at least 3/8  of an inch in height. Cartons, cases or other containers holding 2 or more containers of eggs shall also be lettered and numbered in accordance with this subsection. Any carton, case or other container which is reused shall, upon such reuse, have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.

43 Del. Laws, c. 88, § 3; 3 Del. C. 1953, § 3504; 56 Del. Laws, c. 258, § 1.;

Advertising of eggs by the roadside, or by newspaper, magazine, handbills, radio, television, window signs, store displays or in any manner, shall include quality and size designations if the price is shown or stated. Such quality and size designations shall be prominent and conspicuous and the advertising shall be in no way deceptive or dishonest.

43 Del. Laws, c. 88, § 4; 3 Del. C. 1953, § 3505; 56 Del. Laws, c. 258, § 1.;

It shall be unlawful for any person to use such descriptive terms as fresh, new laid, hennery, direct from farm, farm fresh, best, number one, fancy, special, extra, select, or any other words, figures or symbols which imply or modify the quality designation in describing eggs of lesser quality than Grade A.

43 Del. Laws, c. 88, § 6; 3 Del. C. 1953, § 3506; 56 Del. Laws, c. 258, § 1.;

Every person selling eggs to retailers, restaurants, hotels, public and private eating places and institutions shall furnish a dated invoice showing the exact size and quality of such eggs, or they shall be invoiced as "UNCLASSIFIED."

43 Del. Laws, c. 88, § 7; 3 Del. C. 1953, § 3507; 56 Del. Laws, c. 258, § 1.;

(a) Any person assembling, transporting, marketing, or processing graded eggs for marketing shall keep the eggs at a temperature in accordance with United States Department of Agriculture temperature requirements. In addition, any container, including the packaging material therein or associated therewith, shall be clean, unbroken and free from foreign odor.

(b) The Department of Agriculture shall by rules and regulations provide for the keeping, processing, transporting and sale of eggs under sanitary conditions.

(c) Nothing in this chapter or in any rules or regulations of the Department of Agriculture shall be construed to exempt any persons or premises from the application thereto of any laws otherwise applicable and relating to the operation of establishments or facilities for the storing, transporting, sale, distribution, preparation or serving of food.

43 Del. Laws, c. 88, § 8; 3 Del. C. 1953 § 3508; 56 Del. Laws, c. 258, § 1; 57 Del. Laws, c. 764, § 14; 69 Del. Laws, c. 98, § 1.;

No person shall offer for sale, sell, trade or otherwise exchange eggs for human consumption which are classified inedible or loss eggs as defined by the United States Department of Agriculture rules and regulations on eggs.

43 Del. Laws, c. 88, § 1; 3 Del. C. 1953, § 3509; 56 Del. Laws, c. 258, § 1.;

(a) Producers are exempt from §§ 3503 and 3504 of this title if they sell eggs produced by their own flocks, provided such eggs are not sold at an established place of business detached from the premises of their production and provided they are not advertised or displayed to the public with price, or size, or quality designations or any descriptive terms as stated in § 3506 of this title.

(b) Newspapers or any other advertising media shall not be liable, pursuant to this chapter, for publishing advertisements furnished by a vendor or distributor of eggs or anyone acting on their behalf.

3 Del. C. 1953, § 3510; 56 Del. Laws, c. 258, § 1.;

This chapter, together with the rules and regulations as promulgated by the Department of Agriculture, shall be enforced by the Department or its authorized agents. Any additional rules and regulations shall be determined by a public hearing after due notice.

43 Del. Laws, c. 88, § 6; 3 Del. C. 1953, § 3511; 56 Del. Laws, c. 258, § 1; 57 Del. Laws, c. 764, § 14.;

In order to carry out this chapter, the Department of Agriculture, or its representatives, may enter, during the usual hours of business, any warehouse, store, building, market, carrier or vehicle at, in or from which eggs are sold, offered or exposed for sale and examine any or all such eggs for the purpose of determining whether the provisions of this chapter have been violated.

43 Del. Laws, c. 88, § 7; 3 Del. C. 1953, § 3512; 56 Del. Laws, c. 258, § 1; 57 Del. Laws, c. 764, § 14.;

Whoever violates this chapter, or wilfully interferes with the Department of Agriculture or its duly authorized agents in the performance of its or their duties, shall be fined not less than $25 nor more than $100 for every such violation. Justices of the peace shall have jurisdiction over such violation.

43 Del. Laws, c. 88, § 8; 3 Del. C. 1953, § 3513; 56 Del. Laws, c. 258, § 1; 57 Del. Laws, c. 764, § 14.;