§ 3.2-5300. Application of chapter
This chapter shall apply to the marketing of eggs to consumers, institutional consumers, and retailers. 1968, c. 142, § 3.1-763.14; 2008, c. 860.
§ 3.2-5301. Definitions
As used in this chapter, unless the context requires a different meaning: “Consumer” means any person who acquires eggs for consumption in his own household and not for resale. “Eggs” mean eggs in the shell that are the product of domesticated chickens. “Grade” means specifications defining the limits of variation in quality of eggs in […]
§ 3.2-5302. Standards, grades, and size-weight classes; cracked or checked eggs; sale of inedible eggs
A. The Board shall adopt standards, grades, and size-weight classes including standards for the term “ungraded” for eggs marketed in the Commonwealth. In administering this chapter, the Department 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. B. Cracked or […]
§ 3.2-5303. Requirements for eggs sold as fresh or with similar description
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 quality or better as established by the Board for fresh eggs. Code 1950, § 3-599; 1966, c. 702, § […]
§ 3.2-5304. Labeling and advertising
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, quality, or other required terms are conspicuously designated in letters at least half as high as the tallest letter in the word “eggs” or the tallest […]
§ 3.2-5305. Certain producers exempt from law
Producers selling a total of 150 dozen eggs or less per week produced by their own hens, or eggs purchased from other producers not to exceed 60 dozen per week are exempt from this law provided all eggs are of edible quality and of the quality as represented. Code 1950, § 3-600; 1956, c. 284; […]
§ 3.2-5306. Enforcement of chapter; how eggs marked and quality determined; requirements
A. This chapter shall be enforced by the Commissioner and all eggs sold or offered for sale except those exempted in § 3.2-5305 shall be marked according to the grades, sizes, quality, ungraded or cracked and other required terms adopted by the Commissioner with the approval of the Board and shall conform to the standards […]
§ 3.2-5307. Seller invoice; requirements
Any person selling or delivering eggs to restaurants, hotels, retail stores, bakeries or other institution purchasing eggs for serving to guests, patrons, employees or inmates shall furnish the purchaser with an invoice showing the name and address of the seller and the quantity, grade, and size of such eggs. If the eggs are ungraded, such […]
§ 3.2-5308. Sanitation and related matters
A. Any person assembling, transporting, processing, holding, or offering for sale eggs destined for a consumer or an institutional consumer shall provide and maintain a satisfactory relative humidity. In addition, any container, including the packaging material therein or associated therewith, shall be clean and free from foreign odor. B. The Board shall by regulations, provide […]
§ 3.2-5309. Stop-sale order and seizure
A. If after inspection, the Department determines that any eggs are being offered, displayed, stored, processed, or transported in violation of this chapter, the Department may issue a stop-sale order as to such eggs directed to the owner or custodian thereof. Such order shall specify the reason for its issuance and shall detail the character […]
§ 3.2-5310. Right of entry
The Commissioner may enter during normal business hours on or into any premises or any vehicle wherein eggs are bought, stored, sold, offered for sale, processed, or transported, or wherein the Commissioner has reason to believe that any such activity is carried on, in order to inspect and examine eggs, egg containers, any equipment, facilities […]
§ 3.2-5311. Adopting regulations
The Board may adopt regulations to administer this chapter. 1968, c. 142, § 3.1-769.4; 2008, c. 860.
§ 3.2-5312. Violation a misdemeanor
Any person that violates any provision of this chapter is guilty of a Class 1 misdemeanor. Code 1950, § 3-604; 1952, c. 308; 1966, c. 702, § 3.1-770; 2008, c. 860.
§ 3.2-5313. Injunction
The Department acting by the Attorney General or local prosecutor may enforce any provision of this chapter or any regulation issued pursuant thereto by injunction. 1968, c. 142, § 3.1-770.1; 2008, c. 860.
§ 3.2-5314. Remedies not exclusive
The institution of proceedings for the application of any remedy, or the issuance of any order on account thereof, or the imposition of any fine or penalty pursuant to this chapter shall not operate as a bar or limitation to the application of any other remedy available pursuant to this chapter or any other applicable […]
§ 3.2-5315. Judicial review
Any determination of final actions of the Department taken pursuant to this chapter shall be reviewable in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). 1968, c. 142, § 3.1-770.3; 1986, c. 615; 2008, c. 860.