Bill Text: CT SB00802 | 2013 | General Assembly | Introduced
Bill Title: An Act Concerning Connecticut's Egg Statutes.
Spectrum: Moderate Partisan Bill (Democrat 7-1-1)
Status: (Engrossed - Dead) 2013-05-22 - House Calendar Number 624 [SB00802 Detail]
Download: Connecticut-2013-SB00802-Introduced.html
General Assembly |
Raised Bill No. 802 | ||
January Session, 2013 |
LCO No. 2692 | ||
*02692_______ENV* | |||
Referred to Committee on ENVIRONMENT |
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Introduced by: |
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(ENV) |
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AN ACT CONCERNING CONNECTICUT'S EGG STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) All shell eggs of chickens sold or offered for sale for human consumption in this state by any person, firm or corporation shall be labeled with the grade and size designation as set forth in the consumer grades, except as hereinafter provided, and shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Egg Products Inspection Act. All shell eggs of turkeys, ducks, quail, guinea fowl or other birds whose eggs are suitable for human consumption and that are sold or offered for sale in this state by any person, firm or corporation shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Nutrition Labeling and Education Act.
(b) All retail establishments shall handle and store all shell eggs in compliance with the federal Food, Drug and Cosmetic Act. All shell egg distribution and shell egg grading establishments shall store, handle and transport eggs in compliance with the federal Egg Products Inspection Act.
(c) All shell eggs offered for sale shall be held, stored and transported at an ambient air temperature of not greater than forty-five degrees Fahrenheit, except that shell eggs may, for a functional reason, be tempered for processing, provided such eggs are not held for more than thirty-six hours at room temperature.
Sec. 2. Section 22-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[The standards of quality for consumer grades for shell eggs grade AA, grade A, grade B and grade C, established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, shall apply to all shell eggs sold or offered for sale by any person, firm or corporation. Any edible eggs not conforming to the specifications of grade AA, A, B or C shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties".] All shell eggs of chickens sold or offered for sale by any person, firm or corporation shall meet at least one of the consumer grades for shell eggs established by the United States Department of Agriculture under the federal Egg Products Inspection Act. Nonconforming edible eggs of chickens shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties". The final determination as to meeting these grades shall be made by candling.
Sec. 3. Section 22-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The net weight and size requirements for consumer grades for shell eggs, established by the [Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27,] United States Department of Agriculture under the federal Egg Products Inspection Act shall apply to all shell eggs of chickens sold or offered for sale in this state by any person, firm or corporation.
Sec. 4. Section 22-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The term "fresh eggs", "strictly fresh eggs", "hennery eggs" or "new-laid eggs" or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requirements for consumer grade A, or on any eggs which have been held in cold storage for more than thirty days. The word "Connecticut" may not be used in connection with the official grades unless the person or firm engaged in packing the eggs is registered with the state's Department of [Consumer Protection] Agriculture and the eggs were produced on Connecticut farms.
Sec. 5. Section 22-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No person, firm or corporation shall advertise, falsely label, sell or offer for sale any eggs which do not conform to the [standards for quality and size for consumer grades established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, or which do not conform to the provisions of sections 22-40 to 22-44, inclusive] provisions of this part.
(b) The sale of: [inedible] (1) Inedible or adulterated eggs, as defined under the federal Food, Drug and Cosmetic Act, or the federal Egg Products Inspection Act, or (2) incubated eggs is prohibited, except that incubated eggs may be sold as commercial feed or for other commercial purposes other than human consumption, provided such incubated eggs shall be broken and denatured on the premises where incubated, in a manner approved by the Commissioner of [Consumer Protection] Agriculture or the commissioner's designated agent.
Sec. 6. Section 22-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Producers selling eggs of their own producing direct to household users are exempt from the provisions of this part provided, (1) such eggs are clean, stored at an ambient air temperature of not greater than forty-five degrees Fahrenheit and are not adulterated, (2) the label contains the producer's name and address, the type of eggs, if other than chicken eggs, the quantity of eggs, safe food handling instructions and is not otherwise misleading or false and makes no claim of grade or quality.
(b) All types of shippers selling eggs to a first receiver who will grade them into the proper size and grade before reselling are exempt from the provisions of this part.
Sec. 7. Section 22-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[The Commissioner of Consumer Protection shall enforce the provisions of sections 22-40 to 22-45, inclusive, and may adopt suitable regulations to carry out such enforcement.]
(a) The Commissioner of Consumer Protection or the commissioner's designated agent shall enforce the provisions of this part by inspection of retail and wholesale distribution establishments in this state at a frequency determined by the commissioner. The Commissioner of Consumer Protection or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Consumer Protection, in consultation with the Commissioner of Agriculture, may adopt regulations to carry out the provisions of this subsection.
(b) The Commissioner of Agriculture or the commissioner's designated agent shall enforce the provisions of this part by inspection of egg producers and egg grading plants in this state at a frequency determined by the Commissioner of Agriculture. The Commissioner of Agriculture or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Agriculture, in consultation with the Commissioner of Consumer Protection, may adopt regulations to carry the provisions of this subsection.
Sec. 8. Section 22-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Each person, firm or corporation operating an egg-grading plant in Connecticut, which engages in receiving eggs from Connecticut producers for processing, distribution or sale, shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Such registered person, firm or corporation shall not receive eggs for processing without a permit from the commissioner. Each person, firm or corporation so registered shall keep on file a list of all producers from which eggs are received.]
(a) For the purposes of this part, (1) "egg-grading plant" means any person, firm or corporation who engages in grading, washing or packing eggs in this state; (2) "egg distributor" means any person, firm or corporation in this state who receives packaged eggs and who distributes such eggs in the original packaging to institutional, wholesale or retail establishments; (3) "shell egg" means any egg still in the shell; and (4) "egg" means a shell egg.
(b) Each person, firm or corporation operating an egg grading plant in this state shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Each location where eggs are washed, graded or packed in the final container shall be registered separately. Such registered person, firm or corporation shall not receive, distribute, process or offer eggs for sale without a permit.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
22-40 |
Sec. 2 |
from passage |
22-41 |
Sec. 3 |
from passage |
22-42 |
Sec. 4 |
from passage |
22-44 |
Sec. 5 |
from passage |
22-45 |
Sec. 6 |
from passage |
22-47 |
Sec. 7 |
from passage |
22-48 |
Sec. 8 |
from passage |
22-48a |
Statement of Purpose:
To clearly define the roles of the Department of Agriculture and the Department of Consumer Protection concerning the enforcement of the state's egg related statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]