Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-7A-3 - Exemptions For Small Producers3.1. A small producer is any person marketing one hundred fifty (150) dozen of eggs or less per week of his or her own production. Any person marketing one hundred fifty (150) dozen or less per week of his or her own production shall register with the West Virginia Department of Agriculture on forms provided by the Commissioner but is exempt from paying permit or inspection fees as set forth in Section 2 of this rule. Small producers will label their cartons with: 3.1.a. The name and address of the responsible person or business producing and selling the eggs;3.1.b. The date the eggs are packed; and,3.1.c. The words "Ungraded Eggs" in print of at least five-eighths (5/8) inch .3.2. Eggs shall be washed in an acceptable and sanitary method prior to packing.3.3. All eggs being transported, stored or displayed for sale shall be maintained above freezing at forty five degrees Fahrenheit (451F) or less ambient temperature; Provided that, refrigeration is not required for transportation of eggs when the period of transport is less than three (3) hours.3.4. Small producers are permitted to pack in marked cartons when the distributor's name, address, expiration date, size and grade are marked out and replaced with the labeling required for small producers.3.5. Cartons shall be clean and free of odor or debris.3.6. The term "fresh" may only be used when the eggs meet minimum requirements of Grade A or higher according to the standards set forth by the United States Department of Agriculture.3.7. Eggs shall not be below "U. S. Consumer Grade B".