Section 106 – Retailers exempt from prosecution — Conditions for exemption.

• (1) Subject to Subsection (2), no retailer is subject to prosecution under this chapter if the retailer can establish that:
  • (a) at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and
  • (b) the egg was labeled for sale by the retailer in accordance with the purchase invoice.

• (2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer from prosecution if the egg covered by the guaranty deteriorated to a lower grade or standard through some action or inaction of the retailer.

Renumbered and Amended by Chapter 345, 2017 General Session