Okla. Stat. tit. 2 § 10-77

Current through Laws 2024, c. 453.

Section 10-77 - Acts constituting violations of subarticle

It shall be a violation of this subarticle for any person other than those exempted in Section 10-77 of the Oklahoma Agricultural Code:

1. To sell, display for sale, or offer for sale eggs below the quality of "Oklahoma Grade B" to consumers;

2. To sell, display for sale, or offer for sale eggs to consumers unless the container shows the pack-date and indicates the correct size and grade in boldface legible letters with no other descriptive wording. Descriptive wording is permitted if the eggs are not below the quality of "Oklahoma Grade A" and the descriptive wording is not false or misleading;

3. To sell, display for sale, or offer for sale eggs to consumers unless the container exterior bears one of the following acceptable methods:

a. USDA plant number assigned by USDA, AMS while plant is under contract for official grading service,

b. Oklahoma state permit number as assigned by the Oklahoma Department of Agriculture, Food, and Forestry,

c. packer name with complete address of the location where eggs were packed, and

d. USDA shell egg surveillance registrant number including state code and handler code. Example: 05 0267 NOTE: The shell egg surveillance registrant number contains a state code, county code, and handler code. Do not include the county code, only state and handler code;

4. To falsely or deceptively label, mark, advertise, or invoice eggs;

5. To advertise eggs for sale with any descriptive wording, except official grade designations, unless the eggs meet the quality requirements of "Oklahoma Grade A" or "Oklahoma Grade AA", or to state a price when advertising eggs without also designating the full, correct, and unabbreviated grade and size;

6. To store graded eggs at a higher ambient temperature than specified in Section 10-73 of this title, including "Grade B" and above, which are in the person's possession for sale or resale to consumers;

7. To sell, display for sale, or offer for sale eggs to consumers in a container that does not bear the permit number of the packer or processor showing that the inspection fee has been paid;

8. To use a retail egg container more than one time;

9. To do business as a packer, processor, retailer, or dealer of eggs without first obtaining a license from the Board;

10. To fail or neglect to pay any license or inspection fee, to fail or neglect to file the monthly inspection fee report when required, or to file a false monthly report of the quantity of eggs packed for sale during any month;

11. To refuse any authorized agent of the Board entry to any premises or deny access to records or product when conducting inspections, investigations, or audits made pursuant to this subarticle;

12. To sell, display for sale, or offer for sale eggs to consumers below Grade "A" with any descriptive wording other than the correct grade as provided by the United States Department of Agriculture standards for shell eggs; or

13. For any packer or dealer to sell eggs intended for sale in Oklahoma to another packer, dealer, or retailer who does not hold an appropriate Oklahoma license.

Okla. Stat. tit. 2, § 10-77

Added by Laws 1957, HB 706, c. 1b, art. 5, p. 6, § 5; Amended by Laws 1961, SB 7, c. 1, p. 4, § 1; Amended by Laws 1965, HB 587, c. 179, § 1; Amended by Laws 1985, HB 1151, c. 74, § 3, emerg. eff. May 20, 1985; Amended by Laws 1998 , SB 46, c. 272, § 5, eff. November 1, 1998 ; Amended by Laws 2000 , SB 1402, c. 243, § 47, emerg. eff. May 24, 2000 ; Renumbered from 2 O.S. § 5-25 by Laws 2000 , SB 1402, c. 243, § 126, emerg. eff. May 24, 2000; Amended by Laws 2002 , HB 2110, c. 173, § 11, emerg. eff. May 6, 2002.