TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

REGISTRAR’S NOTICE: The Board of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Agriculture and Consumer Services will receive, consider and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Final Regulation

Title of Regulation: 2VAC5-570. Rules and Regulations Defining Standards for Grades/Sizes of Shell Eggs (amending 2VAC5-570-70).

Statutory Authority: §§ 3.2-5302 and 3.2-5311 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: James A. Morano, Review and Compliance Officer, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3520, FAX (804) 371-7792, TTY (800) 828-1120, or email james.morano@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-570-70. Egg case and container markings.

All egg cases or retail containers in which eggs are kept for the purpose of sale, or offered or exposed for sale (except those exempt in § 3.1-765) § 3.2-5305), shall be marked according to one of the grades and sizes, or marked ungraded. The marking, identity of the commodity in the package, and net quantity of the contents in terms of count shall appear on the principal display panel of the package. The retail containers shall bear the name and address of the packer or distributor when the eggs are kept, offered, exposed for sale or sold at any place other than on the premises where packed. The grade and size, or ungraded status, shall be spelled out in full. All information required to appear on the container shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers. When loose eggs are on display for sale, a sign shall be attached showing the grade and size, or the ungraded status, in plain view to the public.

The plant of origin grading within the meaning of "Regulations Governing the Grading of Shell Eggs and United States Standards, Grades and Weight Classes for Shell Eggs (7 CFR Part 56)," § 56.1 of the Code of Federal Regulations shall be identified on all cases or containers in which shell eggs are delivered to the retail or food service institution.

VA.R. Doc. No. R09-1717; Filed January 13, 2009, 11:27 a.m.