Egg Amendments

18
4-4-101
4-4-102
4-4-103
4-4-104
4-4-105
4-4-107
4-4-108
0
Egg Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses eggs.
Highlighted Provisions:
This bill:
defines and modifies terms;
clarifies fee and rulemaking authority for the Department of Agriculture and Food
(department) regarding the distribution, sale, and inspection of shell eggs;
establishes that a person may not:
distribute shell eggs unless the person obtains a license from the department; or
sell shell eggs from a small producer outside of the state;
requires a large egg producer to register with the department as a food establishment;
clarifies the requirements for small and large egg producers; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-4-102
, as last amended by Laws of Utah 2023, Chapter 528
4-4-103
, as last amended by Laws of Utah 2024, Chapter 90
4-4-104
, as last amended by Laws of Utah 2024, Chapter 90
4-4-105
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-4-107
, as last amended by Laws of Utah 2024, Chapter 90
4-4-108
, as last amended by Laws of Utah 2024, Chapter 90
REPEALS:
4-4-101
, as renumbered and amended by Laws of Utah 2017, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-4-102
is amended to read:
4-4-102
. Fee and rulemaking authority.
(1)
The department may establish grades and standards of quality, size, and weight
governing the sale of eggs.
(2)
The department shall, subject to
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, make and enforce rules that are necessary to administer and enforce
this chapter.
(1)
Except as provided in Subsection
4-4-108(11)
, the department shall make rules, in
accordance with Title
63G, Chapter
3
, Utah Administrative Rulemaking Act, that are
necessary to administer and enforce this chapter.
(2)
In accordance with Title
63J, Chapter
1
, Budgetary Procedures Act, the department may
collect fees for the administration and enforcement of this chapter.
Section 2. Section
4-4-103
is amended to read:
4-4-103
. Definitions.
As used in this chapter:
(1)
"Addled" or "white rot" means putrid or rotten.
(2)
"Adherent yolk" means the yolk
of an egg
has settled to one side and become fastened
to the shell.
(3)
"Albumen" means the white of an egg.
(4)
"Black rot" means
the
an
egg
that
has deteriorated to such an extent that the whole
interior presents a blackened appearance.
(5)
"Black spot" means mold or bacteria have developed in isolated areas inside the shell
of
an egg
.
(6)
"Blood ring" means bacteria have developed to such an extent
inside of an egg
that
blood is formed.
(7)
"Candling" means the act of determining the condition of an egg by holding it before a
strong light in such a way that the light shines through the egg and reveals the egg's
contents.
(8)
(7)
"End consumer" means a household consumer
, restaurant, institution,
or any other
person who has purchased or received shell eggs for consumption.
(8)
"Large producer" means a producer of shell eggs that:
(a)
has 3,000 or more layers; and
(b)
is subject to:
(i)
21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell
Eggs; and
(ii)
21 U.S.C. Chapter 15, Egg Products Inspection.
(9)
"Retailer" means a restaurant or retail grocery store in the state.
(9)
(10)
"Moldy" means mold spores have formed within the shell
of an egg
.
(10)
(11)
"Shell egg" means an egg in the shell as distinguished from a dried or powdered
egg.
(11)
(12)
"Small producer" means a producer of shell eggs
that
:
(a)
having
has
less than 3,000 layers; and
(b)
who
is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
Transportation of Shell Eggs.
(12)
(13)
"Wholesale" means, with respect to the sale of
an egg
a shell egg
by an egg
producer, the transfer for sale or sale of an egg to a person other than the end consumer,
including a retailer or an industrial or business purchaser.
Section 3. Section
4-4-104
is amended to read:
4-4-104
. License required to distribute eggs -- Unlawful acts specified.
(1)
It is unlawful for any person to sell, offer, or expose for sale for human consumption
any egg:
(a)
that is addled or moldy or that contains black spot, black rot, white rot, blood ring,
adherent yolk, or a bloody or green albumen; or
(b)
without a sign or label that conforms to the standards for display and grade adopted
by the department.
(2)
For the purpose of bulk wholesale, it is unlawful for a small producer to commingle or
combine eggs from a source other than the small producer's operation.
(1)
A person may not distribute shell eggs in the state unless the person:
(a)
obtains a license from the department; or
(b)
is a small producer.
(2)
A person may not sell, offer for sale, or expose for sale for human consumption any
shell egg that is addled or moldy, or that contains black spot, black rot, white rot, blood
ring, adherent yolk, or a bloody or green albumen.
(3)
Nothing in this
section
chapter
prohibits the sale of a denatured egg.
Section 4. Section
4-4-105
is amended to read:
4-4-105
. Exemptions from regulation.
(1)
Except as provided in this chapter, a small producer and the shell eggs produced by a
small producer are exempt from:
(a)
regulation by the department; and
(b)
the restricted egg tolerances for United States Consumer Grade B Quality as
specified in the United States Standards, Grades, and Weight Classes for Shell Eggs,
Agricultural Marketing Service Secs. 56.200 through 56.203.
(2)
Nothing in this section:
(a)
affects the authority of the Department of Health and Human Services or the
department to certify, license, regulate, or inspect food or food products that are not
exempt from certification, licensing regulation, or inspection under this section; or
(b)
prohibits the Department of Health and Human Services from investigating
foodborne illness.
(3)
The Department of Health and Human Services, or a local health department, may not
prevent the sale of shell eggs from a small producer to an end consumer unless the
Department of Health and Human Services, or the county health department, establishes
that the shell eggs:
(a)
are addled or moldy; or
(b)
contain:
(i)
black spot;
(ii)
black rot;
(iii)
white rot;
(iv)
blood ring;
(v)
adherent yolk; or
(vi)
a bloody or green albumen.
(1)
A person who sells, offers, or exposes eggs for sale or exchange shall maintain
candling records as prescribed by the department.
(2)
All candling records shall be open for examination by accredited inspectors or
representatives of the department at reasonable times.
Section 5. Section
4-4-107
is amended to read:
4-4-107
. Requirements for large producers -- Inspection of records.
(1)
Except as provided in this section, a small producer and the shell eggs produced by a
small producer are exempt from regulation by the department.
(2)
The Department of Health and Human Services has the authority to investigate
foodborne illness.
(3)
The department may assist, consult, or inspect shell eggs and a small producer's
operation when requested by a small producer.
(4)
Nothing in this section affects the authority of the Department of Health and Human
Services or the department to certify, license, regulate, or inspect food or food products
that are not exempt from certification, licensing regulation, or inspection under this
section.
(5)
The Department of Health and Human Services, or a local health department, may not
prevent the sale of shell eggs from a small producer to an end consumer unless the
Department of Health and Human Services, or the county health department, establishes
that the shell eggs:
(a)
are addled or moldy; or
(b)
contain:
(i)
black spot;
(ii)
black rot;
(iii)
white rot;
(iv)
blood ring;
(v)
adherent yolk; or
(vi)
a bloody or green albumen.
(6)
A small producer that sells eggs wholesale shall notify the department about the small
egg producer's operation, including:
(a)
the operator's name;
(b)
the operator's contact information;
(c)
the species of egg products offered for sale; and
(d)
other information required by department rule regarding notification.
(7)
The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a)
govern the temperature, cleaning, and sanitization of shell eggs under this chapter
that are sold by a small producer to a restaurant or wholesale;
(b)
establish notification requirements in accordance with Subsection (6); and
(c)
establish inspection requirements for small producers that request an inspection
under Subsection (3).
(8)
Eggs sold by a small producer in accordance with this chapter are exempt from the
restricted egg tolerances for United States Consumer Grade B as specified in the United
States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq.,
administered by the Agricultural Marketing Service of United States Agriculture
Department.
(1)
A large producer shall:
(a)
register with the department as a food establishment in accordance with Section
4-5-301
; and
(b)
submit to periodical inspections of the large producer's hen housing, operations,
transport vehicles, and records.
(2)
A large producer that transports, ships, or receives shell eggs in commerce shall:
(a)
maintain records, for a period of at least two years, for the receipt and disposition of
all shell eggs; and
(b)
permit the department to access and review the large producer's records at reasonable
times.
Section 6. Section
4-4-108
is amended to read:
4-4-108
. Requirements for small producers -- Rulemaking.
(1)
A small producer that sells shell eggs retail or wholesale shall notify the department of
the small egg producer's operation, including:
(a)
the small producer's name;
(b)
the small producer's contact information;
(c)
the species of egg products offered for sale; and
(d)
other information required by department rule regarding notification.
(1)
(2)
A small producer shall package the small producer's
shell
eggs in clean packaging
that bears a label with the following information:
(a)
the common name of the food, "eggs";
(b)
the quantity or number of eggs;
(c)
the name and address of the small producer;
(d)
the statement "Keep Refrigerated"; and
(e)
the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from
bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods
containing eggs thoroughly."
(2)
(3)
(a)
A small producer shall label the small producer's
shell
eggs that are sold in a
grocery store with a statement that the
shell
eggs:
(i)
are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
Transportation of Shell Eggs; and
(ii)
are not from an inspected source.
(b)
The requirements described in Subsection
(2)(a)
(3)(a)
are in addition to the
labeling requirements described in Subsection
(1)
(2)
.
(4)
If the shell eggs of a small producer are ungraded and not weighed, the packaging for
the shell eggs may not be labeled with a grade or size.
(5)
Any shell egg produced by a small egg producer and sold in a grocery store shall be
displayed separately in the grocery store from shell eggs not from a small producer.
(6)
For the wholesale of shell eggs, a small producer may not commingle or combine shell
eggs from a source other than the small producer's operation.
(7)
A small producer may not sell a shell egg outside of the state.
(3)
(8)
(a)
A small producer may state a "pull date" or "best by" date.
(b)
The "pull date" or "best by" date may be hand written on the end of the packaging or
in a conspicuous location that is clearly discernible.
(c)
A "pull date" or "best by" date shall first show the month then the day of the month.
(d)
A recommended "pull date" or "best by" date is 30 days after production, but the date
may not exceed 45 days after production.
(4)
If the eggs of a small producer are ungraded and not weighed, the packaging for the
eggs may not be labeled with a grade or size.
(5)
Any egg produced by a small egg producer and sold in a grocery store shall be
displayed separately in the grocery store from eggs not from a small producer.
(9)
The department may assist, consult, or inspect shell eggs and a small producer's
operation if a small producer requests assistance, consultation, or inspection by the
department.
(10)
The department may make rules, in accordance with Title
63G, Chapter
3
, Utah
Administrative Rulemaking Act, to:
(a)
govern the temperature, cleaning, and sanitization of shell eggs under this chapter
that are sold by a small producer in retail or wholesale;
(b)
establish notification requirements in accordance with Subsection
(1)
; and
(c)
establish inspection requirements for a small producer that requests an inspection
under Subsection
(9)
.
(11)
Notwithstanding Subsection
4-4-102(1)
, the department may not make rules regarding
small producers except as authorized under Subsection
(10)
.
Section 7.
Repealer.
Title.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-30-26 9:25 AM