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260.540 Definitions for KRS 260.540 to 260.650.
As used in KRS 260.540 to 260.650, unless the context otherwise requires:
(1) "Ambient temperature" means the atmospheric temperature surrounding or
encircling shell eggs;
(2) "Board" means the Egg Marketing Board;
(3) "Candle" means to determine the interior quality of a shell egg based on the
use of a candling light as defined in the USDA Handbook 75(7 CFR Part 56);
(4) "Candled and graded" means candled and graded under state and federal
standards and regulations;
(5) "Case" means a container of thirty (30) dozen shell eggs as used in
commercial practice in the United States. The term "half-case" shall mean a
container of fifteen (15) dozen eggs. Case also means any other quantity
packaging which is considered a wholesale pack;
(6) "Check" means an egg that has a broken shell or a crack in the shell, but
whose membranes are intact and whose contents are not leaking;
(7) "Commissioner" means the Commissioner of Agriculture;
(8) "Consumer" means all persons purchasing eggs for consumption and not
resale;
(9) "Department" means the Department of Agriculture;
(10) "Dealer" means a person, organization, or cooperative engaged in the
business of buying eggs from producers or other persons, either on his own
account or as an agent, and selling or transferring eggs by the case or other
quantity to a wholesaler, processor, retailer, specialty egg processor, or other
persons or consumers;
(11) "Dirty egg" means an egg that has a shell that is unbroken and has adhering
dirt or foreign material, or prominent stains covering more than one-fourth (1/4)
of the shell surface;
(12) "Distributor" means any person who sells, offers, or otherwise exposes shell
eggs or egg products to a wholesaler, retailer, or food service facility.
"Distributor" also means any person or producer who distributes shell eggs or
egg products to his or her own retail outlet, store, or food service facility;
(13) "Egg product" means processed and convenience forms of eggs for home and
commercial use, including hard-cooked, or specialty egg products and
pasteurized liquid, pasteurized frozen, or pasteurized dried egg products;
(14) "FDA" means the Federal Food and Drug Administration;
(15) "Handler" means a dealer, packer, processor, wholesaler, distributor, or
retailer;
(16) "Inedible" means an egg that is unfit for human food in whole or in part, addled
or moldy, containing black rot, white rot, blood ring, adherent yolks, or bloody
whites, incubated beyond the blood ring stage, or consisting to any extent of
filthy decomposed substance. This also includes any eggs unfit for human
consumption due to causes other than those listed in this subsection;
(17) "Leaker" means an egg that has a crack or break in the shell and shell
membranes to the extent that the egg contents are exposed or are exuding or
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free to exude through the shell;
"Loss" means an egg that is unfit for human food because it is smashed or
broken so that its contents are leaking; or overheated, frozen, or contaminated;
or an incubator reject; or contains a bloody white, large meat spots, a large
quantity of blood, or other foreign material;
"Lot" means any given quantity of two (2) or more eggs of a named grade,
billed on an invoice or inspected by the department;
"Lot consolidation" means the removal of damaged eggs from consumer
labeled cartons and replacement of the damaged eggs with eggs of the same
grade, size, sell-by date, brand, lot, and source;
"Packer" means any person who grades, sizes, candles, and packs eggs for
purposes of sale;
"Person" means any individual, firm, partnership, corporation, company,
association, or any other type of business entity that traffics in, handles, or sells
eggs, and shall include any trustee, receiver, or similar representative;
"Producer" means any person who exercises control over the production of
eggs and disposes of eggs from the output of his or her personally owned
flock;
"Registered lot consolidator" means a person who has successfully completed
a training course in lot consolidation approved by the department and who is
registered with the department;
"Repacking" means changing the identity of a lot of shell eggs by removing
them from the original container labeled by a packer and placing them into
another container not labeled by the packer at the point of origin with the same
grade, size, sell-by date, lot number, source, and brand;
"Retailer" means any person selling or offering eggs for sale to consumers in
this state;
"Sell" means to offer for sale, expose for sale, have in possession for sale,
exchange, barter, or trade;
"Shell eggs" means the product of the domesticated hen and any other egg
from the avian species offered for human consumption in its shell form;
"Specialty egg processor" means a person who operates a plant for the
purpose of breaking eggs for freezing or drying or commercial food
manufacturing, and includes a person distributing his or her products from
out-of-state. A specialty egg processor may also be known as a breaker or
breaking plant;
(a) "Specialty egg products" means egg specialties processed for the food
service industry including: wet-pack and dry-pack prepeeled hard-cooked
eggs, either whole, wedged, sliced, chopped, or pickled; long rolls of
hard-cooked eggs; frozen omelets; egg patties; quiche; quiche mix; frozen
French toast; frozen scrambled egg mix in boilable pouches; frozen fried
eggs; frozen precooked scrambled eggs; freeze-dried scrambled eggs;
ultra-pasteurized liquid eggs; free-flowing frozen egg pellets; and specially
coated shelf-stable hard-cooked eggs.
(b) "Specialty egg products" does not include eggs that are combined with
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other products in a convenience pack such as a meal, if the total package
weight cannot be fairly divided between all items in the package allowing
the egg product to have a separate calculated weight;
"Stop order" means an order issued by an inspector or other authorized agent
of the department removing the shell egg or egg products from sale until a
release or change of order has been issued by an inspector or authorized
agent of the department;
"Ungraded and candled" means the general run of edible eggs as they come
from the producer, not sized or graded, but candled;
"USDA" means the United States Department of Agriculture;
"Wholesaler" means a handler who is engaged in the business of buying eggs
from producers or other persons on the handler's own account and selling or
transferring eggs to other dealers, wholesalers, processors, or retailers, or
through other distribution channels; and
"Withdraw from sale order" means an order issued by an inspector or other
authorized agent of the department, permanently removing shell eggs or egg
products from sale or distribution.
Effective:March 5, 2014
History: Amended 2014 Ky. Acts ch. 4, sec. 1, effective March 5, 2014. -Amended 2008 Ky. Acts ch. 66, sec. 1, effective July 15, 2008. -- Amended
2005 Ky. Acts ch. 40, sec. 1, effective June 20, 2005. -- Amended 1998 Ky. Acts
ch. 208, sec. 1, effective July 15, 1998. -- Created 1956 Ky. Acts ch. 121, sec. 1,
effective January 1, 1957.
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