GA - GAC
Rules and Regulations of the State of Georgia
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Subject 40-3-1 LABELING, INSPECTION, VIOLATIONS

Rule 40-3-1-.01 Open Dating on Egg Cases and Egg Cartons

All eggs that are sold, offered for sale or stored for sale at retail or wholesale shall use an Open Date to express the packing date or the expiration date.

(a) Definitions:
1. Open Date: Means the use of letters (for the month) together with number(s) (for the day of the month).
2. Pack Date: Means the date the eggs were washed, candled, and packed.
3. Expiration Date: Means the last date the eggs shall be sold at retail or wholesale.
(b) Manner of Expressing the Open Date: Open dating shall consist of a combination of three letters (for the month abbreviation) and number(s) for the day of the month. Example: JUN 10
(c) Manner of Expressing the Pack Date: A pack date shall be the use of an Open Date (as defined in 40-3-1-.01(b) of these Regulations) with no words, numbers or letters preceding or following the Open Date. Example: JUN 10
(d) Manner of Expressing the Expiration Date: An Expiration Date shall be the use of an Open Date (as defined in 40-3-1-.01(b) of these Regulations) preceded by the abbreviation "Exp." [Example: EXP Jun 10] or the use of an Open Date (as defined in 40-3-1-.01(b) of these Regulations) preceded by the term "Sell By" [Example: Sell by JUN 10], or "Not to be Sold After" [Example: Not to be Sold After JUN 10]; or "Best Before" [Example: Best Before JUN 10] or words of similar import. The Expiration Date shall not exceed 45 days from the date packed.
(e) Prohibited Acts: The following acts and the causing thereof are hereby prohibited.
1. Eggs are not to be sold or offered for sale at retail or wholesale after the expiration date.
2. Eggs are not to be sold or offered for sale that do not meet the U.S. Standards, Grades, and Weight Classes for Shell Eggs Part 56, Subpart C, Paragraphs 56.216 and 56.217 established pursuant to the Federal Agricultural Marketing Act of 1946.

Rule 40-3-1-.02 Inspection of Eggs

The Commissioner of Agriculture, or his authorized representative, shall have the authority, right and privilege to enter the place of business of any wholesaler, retailer, warehouse, cold storage house, or other storage places, trucks or carriers where eggs are stored and inspect any eggs therein; and, shall have the right and privilege to inspect all books, records and invoices that, in their judgement, would enable them to make a more accurate examination or inspection of eggs.

Rule 40-3-1-.03 Unfit Eggs

No person shall sell, offer or expose for sale, or have in his possession for sale, eggs for human consumption that are inedible or adulterated. Eggs that are filthy, putrid, decomposed, or otherwise unfit for food in whole or in part, shall be deemed to be adulterated. Eggs which contain black rots, white rots, mixed rots, (addled eggs), sour eggs with green whites, eggs with stuck yolks, moldy eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring stage), or any other eggs that are filthy, decomposed, or putrid shall be deemed to be inedible.

Rule 40-3-1-.04 Determining Violator of the Georgia Egg Law and Rules and Regulations

(1) For the purpose of determining who is responsible for a violation of Section 26-2-261 of the Official Code of Georgia Annotated it will be presumed that a shipment of eggs was of the same grade when delivered to the retailer as shown by the inspection at the end of a five day period following their delivery to the seller provided the retailer has kept the eggs until the time of inspection under refrigeration of a temperature of not more than 45 degrees Fahrenheit.
(2) The packer will be presumed to be responsible for all labeling and dating on cases and cartons of eggs.