1033:D1B1B786-4AB4-48C0-9F50-C93CCB71565C10/25/2017 12:4420196EGG HANDLERS196.1Definitions.Unless the context otherwise requires:1“Candling” means the careful examination of each shell egg and the elimination of those eggs determined unfit for human consumption.2“Consumer” means a person who buys eggs for personal consumption.3“Department” means the department of agriculture and land stewardship.4“Egg handler” or “handler” means a person who buys or sells eggs, or uses eggs in the preparation of human food. “Egg handler” or “handler” does not include a retailer, a consumer, an establishment, or a producer who sells eggs as provided in section 196.4.5“Establishment” means any place in which eggs are offered or sold as human food for consumption by its employees, students, patrons, customers, residents, inmates or patients or as an ingredient in food offered or sold in a form ready for immediate consumption.6“Grading” means classifying each shell egg by weight and grading in accordance with egg grading standards approved by the United States government as of July 1, 1985, pursuant to the Agricultural Marketing Act of 1946, 7 U.S.C. §1621 et seq.7“Nest run eggs” means eggs which have not been denatured, candled, graded, processed or labeled.8“Package” means the same as defined in section 189.1.9“Producer” means a person who owns layer type chickens.10“Retailer” means a person who sells eggs directly to consumers except a producer who sells eggs under the provisions of section 196.4.[C24, 27, 31, 35, 39, §3107; C46, 50, 54, §196.7; C58, 62, 66, 71, 73, 75, §196.3, 196.11; C77, 79, 81, §196.1]85 Acts, ch 195, §20; 95 Acts, ch 7, §1, 2; 2011 Acts, ch 16, §2, 5Further definitions, see §189.1 196.2Enforcement.The department shall enforce this chapter, and may adopt rules pursuant to chapter 17A and consistent with regulations of the United States government as they exist on July 1, 1985, pursuant to the Agricultural Marketing Act of 1946, 7 U.S.C. §1621 et seq., and the Egg Products Inspection Act of 1970, 21 U.S.C. §1044 et seq.[C24, 27, 31, 35, 39, §3111; C46, 50, 54, §196.11; C58, 62, 66, 71, 73, 75, 77, 79, 81, §196.2]85 Acts, ch 195, §21; 95 Acts, ch 7, §3196.3Egg handler’s license fee and expiration.1Every egg handler shall obtain a license issued by the department. The license fee shall be determined on the basis of the total number of eggs purchased or handled during the preceding month of April as follows:aLess than one hundred twenty-five cases $40.40bOne hundred twenty-five cases or more but less than two hundred fifty cases $94.50cTwo hundred fifty cases or more but less than one thousand cases $135.00dOne thousand cases or more but less than five thousand cases $270.00eFive thousand cases or more but less than ten thousand cases $472.50fTen thousand cases or more $675.002The license shall expire two years after the license’s date of issue.3For the purpose of determining the license fee, a case shall be thirty dozen eggs.4All license fees collected under this section shall be remitted to the treasurer of state for deposit in the general fund of the state.5If an egg handler is not operating during the month of April preceding the date that the license is to be issued, the department shall estimate the volume of eggs purchased or handled, or both, and may revise the license fee based on three months of operation.[C24, 27, 31, 35, 39, §3101, 3103; C46, 50, 54, §196.1, 196.3; C58, 62, 66, 71, 73, 75, §196.4, 196.6; C77, 79, 81, §196.3]2007 Acts, ch 215, §218; 2017 Acts, ch 159, §31196.4Producers and hatcheries exempt.1Producers who sell eggs produced exclusively by their own flocks directly to handlers, or to consumers, shall not be required to demonstrate to the department or the United States department of agriculture inspector their capability to perform candling and grading.2A hatchery shall obtain an egg handler’s license pursuant to section 196.3 if it purchases eggs which are not used for hatching purposes.[C24, 27, 31, 35, 39, §3102; C46, 50, 54, §196.2; C58, 62, 66, 71, 73, 75, §196.5; C77, 79, 81, §196.4]196.5Candling and grading capability.Each person who candles and grades eggs shall demonstrate to the satisfaction of the department or the United States department of agriculture inspector, the capability to perform candling and grading.[C24, 27, 31, 35, 39, §3109; C46, 50, 54, §196.9; C58, 62, 66, 71, 73, 75, §196.7, 196.8; C77, 79, 81, §196.5]196.6Candling and grading room.An egg handler’s license shall be obtained from the department for each location at which eggs will be candled and graded. Before a license is issued for each location candling eggs, the department shall make a careful survey of the premises and determine that the premises contain proper facilities for candling and grading.[C24, 27, 31, 35, 39, §3109; C46, 50, 54, §196.6, 196.9; C58, 62, 66, 71, 73, 75, §196.13; C77, 79, 81, §196.6]196.7Candling and grading prior to sale.All eggs offered for sale by an egg handler to a retailer, an establishment or a consumer, shall be candled and graded.[C24, §3108; C27, 31, 35, §3108, 3112-b1; C39, §3112.1; C46, 50, 54, §196.8, 196.13; C58, 62, 66, 71, 73, 75, §196.12, 196.14; C77, 79, 81, §196.7]196.8Quality — storage.1All eggs offered for sale to an establishment must be no lower than United States department of agriculture consumer grade “B”. From the time of candling and grading until they reach the consumer, all eggs designated for human consumption shall be held at a temperature not to exceed 45 degrees Fahrenheit or 7 degrees Celsius ambient temperature. The 45 degrees Fahrenheit or 7 degrees Celsius ambient temperature requirement applies to any place or room in which eggs are stored, except inside a vehicle during transportation where the ambient temperature may exceed 45 degrees Fahrenheit or 7 degrees Celsius, provided the transport vehicle is equipped with refrigeration units capable of delivering air at a temperature not greater than 45 degrees Fahrenheit or 7 degrees Celsius and capable of cooling the vehicle to a temperature not greater than 45 degrees Fahrenheit or 7 degrees Celsius. All shell eggs shall be kept from freezing.2Notwithstanding subsection 1, eggs gathered for sale at a poultry show from fowl exhibited at the show, which show has received financial assistance from the state in prior fiscal years, shall be exempt from the storage temperature and consumer grade quality requirements contained in subsection 1.[C27, 31, 35, §3112-b1; C39, §3112.1; C46, 50, 54, §196.13; C58, 62, 66, 71, 73, 75, §196.14; C77, 79, 81, §196.8]97 Acts, ch 192, §1; 2001 Acts, ch 176, §15; 2014 Acts, ch 1026, §40196.9Eggs unfit for human food.Eggs determined to be unfit for human food under 21 U.S.C. §1034 as amended to July 1, 1985, shall not be bought or sold or offered for purchase or sale by any person unless the eggs are denatured so that they cannot be used for human food.[C24, 27, 31, 35, 39, §3104, 3105, 3108; C46, 50, 54, §196.4, 196.5, 196.8; C58, 62, 66, 71, 73, 75, §196.10; C77, 79, 81, §196.9]85 Acts, ch 195, §22; 2010 Acts, ch 1061, §40196.10Labeling.Sections 189.9 through 189.12 shall apply to the labeling of packaged eggs which have been candled and graded if not inconsistent with the provisions of this chapter. All cases of loose packed eggs sold in this state shall identify the egg handler’s name or license number or United States department of agriculture plant number, and the grade of the eggs contained in the case. Each carton containing eggs for retail sale in Iowa which have been candled and graded shall be marked with the grade and size of the eggs contained, the date they were packed, and the name and address of the distributor or packer.[C24, 27, 31, 35, 39, §3110; C46, 50, 54, §196.10; C58, 62, 66, 71, 73, 75, §196.16; C77, 79, 81, §196.10]2021 Acts, ch 80, §95196.11Storage.The provisions of section 189.28 shall not apply to eggs.[C58, 62, 66, 71, 73, 75, §196.19; C77, 79, 81, §196.11]196.12Transportation.Vehicles used to transport eggs from the point of production to an egg handler or between handlers shall be kept in sanitary condition and shall be enclosed. However, this section shall not apply to producers transporting their own eggs to a handler.[C58, 62, 66, 71, 73, 75, §196.20; C77, 79, 81, §196.12]196.13Records.Handlers shall keep a record for three years of each of their purchases and sales of eggs, including the date of the transaction, the names of the parties, the grade, or nest run, and the quantity of eggs being purchased or sold.[C77, 79, 81, §196.13]196.14Penalty.Any person who violates a provision of this chapter shall be guilty of a simple misdemeanor. In addition, if the offender is a handler or a retailer, the court for the third offense shall suspend the offender’s license for thirty days; for the fourth and any subsequent offense, such license shall be revoked for a period of one year.[C58, 62, 66, 71, 73, 75, §196.18; C77, 79, 81, §196.14]