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TITLE 370 STATE EGG BOARD

Final Rule
LSA Document #17-449(F)

DIGEST

Amends 370 IAC 1-3-2 to change the expiration date on Grade A eggs from 30 days to 45 days and add "SELL BY", "BEST BY", and "USE BY" as terms that may be used as synonymous to "EXP". Adds 370 IAC 1-3-3.1 to require all eggs sold at retail to be packaged in new consumer containers and exempt sales to the end consumer at a farmers market from the requirement to use new consumer containers. NOTE: LSA Document #17-449, posted at 20180110-IR-370170449PRA, was resubmitted for publication and reposted at 20180620-IR-370170449PRA. Effective 30 days after filing with the Publisher.



SECTION 1. 370 IAC 1-3-2 IS AMENDED TO READ AS FOLLOWS:

370 IAC 1-3-2 Consumer packages; date requirements

Authority: IC 16-42-11-5
Affected: IC 16-42-11-5

Sec. 2. All eggs offered for sale in consumer packages (cases, boxes, baskets, or containers):
(1) shall be legibly dated (month and day or consecutive day of the year) the day the eggs were packed; and
(2) shall bear in distinctly legible form an expiration date, of not more than thirty (30) days from date of pack, excluding date of pack; and
(3) may contain a "BEST BY", "BEST IF USED BY", or "USE BY" date in addition to the expiration date, which shall not exceed forty-five (45) days from the date of pack, excluding the date of pack. which shall be stated as the month and day, for example, April 3 or 4-3, preceded by the letters "EXP" or one (1) of the following: "SELL BY", "BEST BY", or "USE BY".
The expiration date shall not exceed forty-five (45) days from the date of pack, excluding the date of pack. Shell eggs labeled AA shall bear in distinctly legible form an expiration date of not more than fifteen (15) days from date of pack, excluding date of pack. The expiration date shall be stated as the month and day, for example, April 3 or 4-3, preceded by the letters "EXP" or "SELL BY". Quality is best if sold by the expiration date.
(State Egg Board; Reg 3, Title I, Sec 2; filed Aug 14, 1973, 1:30 p.m.: Rules and Regs. 1974, p. 83; filed Nov 23, 1981, 9:30 a.m.: 5 IR 33, eff Jan 1, 1982; filed Feb 13, 1985, 1:57 p.m.: 8 IR 794; filed Feb 3, 1987, 2:00 p.m.: 10 IR 1225; filed Feb 12, 1993, 5:00 p.m.: 16 IR 1776; readopted filed Nov 7, 2001, 3:22 p.m.: 25 IR 937; filed Jan 2, 2003, 10:03 a.m.: 26 IR 1543; readopted filed Sep 2, 2009, 11:37 a.m.: 20090930-IR-370090393RFA; filed Aug 27, 2010, 12:08 p.m.: 20100922-IR-370090808FRA; readopted filed Aug 21, 2015, 10:57 a.m.: 20150916-IR-370150168RFA; filed Aug 28, 2018, 12:24 p.m.: 20180926-IR-370170449FRA)


SECTION 2. 370 IAC 1-3-3.1 IS ADDED TO READ AS FOLLOWS:

370 IAC 1-3-3.1 Consumer packages; packaging materials

Authority: IC 16-42-11-5
Affected: IC 16-42-11-5

Sec. 3.1. (a) All eggs offered for sale at retail shall be packaged in new consumer containers.

(b) Farmers market retail sales directly to the end consumer will be exempt from the requirement to utilize new consumer containers.
(State Egg Board; 370 IAC 1-3-3.1; filed Aug 28, 2018, 12:24 p.m.: 20180926-IR-370170449FRA)


LSA Document #17-449(F)
Notice of Intent: 20171011-IR-370170449NIA
One Year Requirement (IC 4-22-2-25): 20180530-IR-370170449ARA
Hearing Held: July 18, 2018
Approved by Attorney General: August 20, 2018
Approved by Governor: August 27, 2018
Filed with Publisher: August 28, 2018, 12:24 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Mark Straw, Executive Administrator, Indiana State Egg Board, 125 S. Russell Street, West Lafayette, IN 47907-2042, (765) 494-8510, straw@purdue.edu

Posted: 09/26/2018 by Legislative Services Agency

DIN: 20180926-IR-370170449FRA
Composed: May 03,2024 6:18:09PM EDT
A PDF version of this document.