2006 Kansas Code - 2-2503

      2-2503.   Unlawful acts. It shall be a violation of this act for any person, other than those exempted by K.S.A. 2-2508, and amendments thereto:

      (a)   To sell eggs below the quality of "Grade B" to food purveyors or consumers;

      (b)   to sell eggs to food purveyors or consumers that are not labeled on the container to indicate size and quality thereof in boldface type letters not less than 3/8 inch in height;

      (c)   to sell eggs to food purveyors or consumers without the name of either the dealer, retailer, food purveyor or agent by or for whom the eggs were graded or labeled, indicated on the carton or container;

      (d)   to falsely or deceptively label, advertise or invoice eggs;

      (e)   to advertise eggs in a manner which indicates price without also indicating the full, correct and unabbreviated designation of size and quality as provided herein;

      (f)   to hold eggs for human consumption at an ambient temperature higher than 45 degrees Fahrenheit after being received at the point of first purchase or assembly;

      (g)   to sell to food purveyors or consumers eggs in a container which does not bear an inspection fee stamp showing that the inspection fee has been paid thereon unless the person registered as required by subsection (i) has been issued a permit to pay the inspection fee on a quarterly basis as required by K.S.A. 2-2507, and amendments thereto;

      (h)   to use an inspection fee stamp the second time, or to use a counterfeit thereof;

      (i)   to grade eggs for size and quality for subsequent resale to food purveyors, retailers or consumers without first registering such purveyor's, retailer's or consumer's place of business with the department;

      (j)   to fail or neglect to file the quarterly inspection fee report and pay the inspection fee due, as provided in K.S.A. 2-2507, and amendments thereto, or to file a false quarterly inspection fee report of the quantity of eggs sold during any period;

      (k)   to refuse entry to any authorized inspector or employee of the department for the purpose of making inspections under the provisions of this act;

      (l)   to engage in the business of purchasing eggs unless there is posted in a conspicuous place in such place of business every day that the same is open for the purchase of eggs the prices which are being paid for each of the various grades of eggs;

      (m)   to offer eggs for sale that have not been candled and graded; or

      (n)   to fail to mark all containers with official United States or Kansas grade AA, A or B identification with label to indicate that refrigeration is required, e.g. "keep refrigerated," or words of similar meaning.

      History:   L. 1955, ch. 9, § 3; L. 1971, ch. 7, § 1; L. 2000, ch. 57, § 3; July 1.