Section R3-2-906. Violations and Penalties

A.      A dealer, producer-dealer, manufacturer, producer, or retailer, at each individual location, is subject to the penalties in sub- section (B) for any of the following violations:

1.        Category A:

a.         Making a false or misleading statement relating to advertising or selling eggs and egg products;

b.        Acting as a dealer, producer-dealer, producer, or manufacturer without a valid license;

c.         Selling shell eggs with an incorrect or incomplete expiration date, or without an expiration date;

d.        Selling grade AA or grade A eggs after the expira- tion date on the carton, case, or container, unless the eggs are exempt under A.R.S. § 3-715(K);

e.         Failing to maintain records and reports required by this Article;

f.         Failing to label a carton, case, or container with one size, one grade, one brand name, or, if applicable under R3-2-907(B), the United Egg Producer Certi- fied logo;

g.        Moving eggs or an egg case, carton, or container with a warning tag or notice, or removing a warning tag or notice without permission from the Director;

h.        Refusing to submit egg or egg product, an egg case, carton, container, subcontainer, lot, load, or display of eggs to inspection; or

i.         Refusing to stop, at the request of an authorized rep- resentative of the Department, any vehicle transport- ing eggs or egg products.

j.         Selling eggs that have not been produced in accor- dance with the  standards prescribed under  R3-2- 907(B).

k.        Failing to raise egg-laying hens in this state in accor- dance with the  standards prescribed under  R3-2- 907(A).

2.        Category B:

a.         Extending the expiration date of shell eggs as defined in A.R.S. § 3-701(10); or

b.        Advertising, representing, or selling out-of-state eggs as local eggs.

3.        Category C:

a.         Failing to ensure that shell eggs for human con- sumption are kept refrigerated at an ambient tem- perature not higher than 45° F;

b.        Failing to ensure that frozen egg products for human consumption, labeled for storage at 0° F or below, are kept under refrigeration at a temperature of 0° F or lower; or

c.         Failing to ensure that liquid egg products for human consumption are kept refrigerated at a temperature not higher than 40° F.

B.       Any violation of this Article or of A.R.S. Title 3, Chapter 5, Article 1 not listed in subsection (A) is subject to a Category A civil penalty.

C.      Under A.R.S. § 3-739, the civil penalty for a violation of sub- section (A) is:

4	$150	$400
5	$200	$500
6	$250
7	$300

Historical Note

Former Rule 6; Amended effective February 19, 1982. Former Section R3-6-06 renumbered as Section R3-2- 906 (Supp. 82-1). Section R3-6-106 renumbered to R3-2- 906 (Supp. 91-4). Former Section R3-2-906 renumbered to R3-2-903, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R.

4058, effective October 7, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 15

A.A.R. 863, effective October 1, 2009 (Supp. 09-2).