Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 526 (2024GS)

Sponsor

Rep. Shipp, R.P.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines the term "wholesale";
• removes a requirement that small producers only sell to an end consumer;
• authorizes rulemaking for the Department of Agriculture and Food relating to small producers that sell eggs wholesale, including rulemaking to:
• collect information on small producers that sell eggs wholesale; and
• conduct an inspection of small producers at the small producer's request;
• establishes requirements for labeling and display of eggs from small producers at a grocery store; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 21, 2024 at 12:02 PM by housengrossing.
SHELL EGG PRODUCERS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill modifies provisions relating to the sale of eggs by small producers.
Highlighted Provisions:
This bill:
▸ defines the term "wholesale";
▸ removes a requirement that small producers only sell to an end consumer;
▸ authorizes rulemaking for the Department of Agriculture and Food relating to small
producers that sell eggs wholesale, including rulemaking to:
• collect information on small producers that sell eggs wholesale; and
• conduct an inspection of small producers at the small producer's request;
▸ establishes requirements for labeling and display of eggs from small producers at a
grocery store; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-4-103
, as last amended by Laws of Utah 2023, Chapter 528
4-4-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-4-107
, as last amended by Laws of Utah 2023, Chapter 481
4-4-108
, as enacted by Laws of Utah 2019, Chapter 138
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-4-103
 is amended to read:
4-4-103.
Definitions.
As used in this chapter:
(1) "Addled" or "white rot" means putrid or rotten.
(2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
shell.
(3) "Albumen" means the white of an egg.
(4) "Black rot" means the egg has deteriorated to such an extent that the whole interior
presents a blackened appearance.
(5) "Black spot" means mold or bacteria have developed in isolated areas inside the
shell.
(6) "Blood ring" means bacteria have developed to such an extent that blood is formed.
(7) "Candling" means the act of determining the condition of an egg by holding it
before a strong light in such a way that the light shines through the egg and reveals the egg's
contents.
(8) "End consumer" means a household consumer, restaurant, institution, or any other
person who has purchased or received shell eggs for consumption.
(9) "Moldy" means mold spores have formed within the shell.
(10) "Shell egg" means an egg in the shell as distinguished from a dried or powdered
egg.
(11) "Small producer" means a producer of shell eggs:
(a) having less than 3,000 layers; 
and
[
(b) selling only to an end consumer; and
]
[
(c)
] 
(b)
 who is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
Transportation of Shell Eggs.
(12) "Wholesale" means, with respect to the sale of an egg by an egg producer, the
transfer for sale or sale of an egg to a person other than the end consumer, including a retailer
or an industrial or business purchaser.
Section 2. Section 
4-4-104
 is amended to read:
4-4-104.
Unlawful acts specified.
(1) It is unlawful for any person to sell, offer, or expose for sale for human
consumption any egg:
(a) that is addled or moldy or that contains black spot, black rot, white rot, blood ring,
adherent yolk, or a bloody or green albumen; or
(b) without a sign or label that conforms to the standards for display and grade adopted
by the department.
(2) For the purpose of bulk wholesale, it is unlawful for a small producer to commingle
or combine eggs from a source other than the small producer's operation.
[
(2)
] 
(3)
 Nothing in this section prohibits the sale of a denatured egg.
Section 3. Section 
4-4-107
 is amended to read:
4-4-107.
Exemptions from regulation.
(1) Except as provided in this section, a small producer and the shell eggs produced by
a small producer are exempt from regulation by the department.
(2) The Department of Health and Human Services has the authority to investigate
foodborne illness.
(3) The department may assist, consult, or inspect shell eggs 
and a small producer's
operation
 when requested by a small producer.
(4) Nothing in this section affects the authority of the Department of Health and
Human Services or the department to certify, license, regulate, or inspect food or food products
that are not exempt from certification, licensing regulation, or inspection under this section.
(5) The Department of Health and Human Services, or a local health department, may
not prevent the sale of shell eggs from a small producer to an end consumer unless the
Department of Health and Human Services, or the county health department, establishes that
the shell eggs:
(a) are addled or moldy; or
(b) contain:
(i) black spot;
(ii) black rot;
(iii) white rot;
(iv) blood ring;
(v) adherent yolk; or
(vi) a bloody or green albumen.
(6) A small producer that sells eggs wholesale shall notify the department about the
small egg producer's operation, including:
(a) the operator's name;
(b) the operator's contact information;
(c) the species of egg products offered for sale; and
(d) other information required by department rule
Ĥ→ 
regarding notification
 ←Ĥ
.
[
(6)
] 
(7)
 The department may make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to
:
(a)
 govern the temperature, cleaning, and sanitization of shell eggs under this chapter
that are sold by a small producer to a restaurant 
or wholesale
[
.
]
;
(b) establish notification requirements in accordance with Subsection (6); and
(c) establish inspection requirements for small producers that request an inspection
under Subsection (3).
[
(7)
] 
(8)
 Eggs sold by a small producer [
pursuant to
] 
in accordance with
 this chapter
are exempt from the restricted egg tolerances for United States Consumer Grade B as specified
in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et
seq., administered by the Agricultural Marketing Service of United States Agriculture
Department.
Section 4. Section 
4-4-108
 is amended to read:
4-4-108.
Packaging for small producer.
(1) A small producer shall package the small producer's eggs in clean packaging that
bears a label with the following information:
(a) the common name of the food, "eggs";
(b) the quantity or number of eggs;
(c) the name and address of the small producer;
(d) the statement "Keep Refrigerated"; and
(e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from
bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing
eggs thoroughly."
(2) (a) A small producer shall label the small producer's eggs that are sold in a grocery
store with a statement that the eggs:
(i) are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
Transportation of Shell Eggs; and
(ii) are not from an inspected source.
(b) The requirements described in Subsection (2)(a) are in addition to the labeling
requirements described in Subsection (1).
[
(2)
] 
(3) (a)
 A small producer may state a "pull date" or "best by" date.
(b)
 The 
"pull date" or "best by"
 date may be hand written on the end of the packaging
or in a conspicuous location that is clearly discernible.
(c)
 A "pull date" 
or "best by" date
 shall first show the month then the day of the month.
(d)
 A recommended 
"pull date" or "best by"
 date is 30 days after production, but the
date may not exceed 45 days after production.
[
(3)
] 
(4)
 If the eggs of a small producer are ungraded and not weighed, the packaging
for the eggs may not be labeled with a grade or size.
(5) Any egg produced by a small egg producer and sold in a grocery store shall be
displayed
Ĥ→ [
in a separate area
] 
 separately
 ←Ĥ
in the grocery store from eggs not from a small
140a 
producer.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.