Prohibited acts

Ark. Code Ann. § 20-58-207 — under Eggs.

Ark. Code Ann. § 20-58-207

(a) No person, firm, or corporation shall sell, traffic in, or deliver to the retail or consuming trade any eggs unfit for human food.

(b) It shall be unlawful to:(1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated;(2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Board of Animal Health; or(3) Use descriptive terminology such as “fresh” to represent the same to be “fresh” any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the board.

(1) Prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, sell in bulk or containers, or advertise by sign, placard, or otherwise any eggs for human consumption which are mislabeled or deceptive or that are or contain inedible eggs not denatured or eggs that have been incubated;

(2) Use descriptive terminology as to eggs that have not been graded and sized according to the standards set forth by the Arkansas Board of Animal Health; or

(3) Use descriptive terminology such as “fresh” to represent the same to be “fresh” any eggs excepting those eggs that meet the minimum requirements of Grade A or higher according to the standards set forth by the board.

(c) No eggs shall be sold for resale to consumers below U.S. Consumer Grade B.

(d) All restaurants, hotels, hospitals, and other eating establishments which knowingly purchase, sell, serve, or use in food preparation eggs below U.S. Consumer Grade B quality will be in violation of this subchapter.

(e) (1) Except as provided in subdivision (e)(2) of this section, eggs in retail shall not be removed from the immediate container in which the eggs were received and placed into a different container by the retailer.(2) Eggs in retail may be removed from the immediate container in which the eggs were received and placed into a different container by the retailer if eggs used to replace missing or broken eggs:(A) Are of the same packer as the missing or broken eggs, as evidenced by the license number printed or stamped on the carton or container;(B) Are of the same grade and size as the missing or broken eggs, as evidenced by the label on the carton or container;(C) Have the same expiration date, lot code, or Julian date as the missing or broken eggs, as evidenced by the label or stamp on the carton or container;(D) Are from the same brand as the missing or broken eggs, as evidenced by the label; and(E) Are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material.

(1) Except as provided in subdivision (e)(2) of this section, eggs in retail shall not be removed from the immediate container in which the eggs were received and placed into a different container by the retailer.

(2) Eggs in retail may be removed from the immediate container in which the eggs were received and placed into a different container by the retailer if eggs used to replace missing or broken eggs:(A) Are of the same packer as the missing or broken eggs, as evidenced by the license number printed or stamped on the carton or container;(B) Are of the same grade and size as the missing or broken eggs, as evidenced by the label on the carton or container;(C) Have the same expiration date, lot code, or Julian date as the missing or broken eggs, as evidenced by the label or stamp on the carton or container;(D) Are from the same brand as the missing or broken eggs, as evidenced by the label; and(E) Are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material.

(A) Are of the same packer as the missing or broken eggs, as evidenced by the license number printed or stamped on the carton or container;

(B) Are of the same grade and size as the missing or broken eggs, as evidenced by the label on the carton or container;

(C) Have the same expiration date, lot code, or Julian date as the missing or broken eggs, as evidenced by the label or stamp on the carton or container;

(D) Are from the same brand as the missing or broken eggs, as evidenced by the label; and

(E) Are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material.