CHAPTER 57 SENATE BILL No. 531 An Act concerning eggs; amending K.S.A. 2-2501, 2-2502, 2-2503, 2-2504, 2-2505, 2-2506,
2-2507 and 2-2508 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2-2501 is hereby amended to read as follows: 2-
2501. (a) This act shall be known and may be cited as the ``Kansas egg
law,'' and for.

      (b) For the purposes of this act the following words shall mean as
follows:

      (a) (1) ``Eggs'' shall mean eggs in the shell that are the product of the
domesticated chicken;

      (b) (2) ``person'' shall mean and include means all individuals, firms,
associations, partnerships, and corporations;

      (c) ``board'' shall mean

      (3) ``department'' means the state board department of agriculture;

      (d) (4) ``secretary'' shall mean means the secretary of the state board
of agriculture.;

      (5) ``consumer'' means a person who buys eggs for personal con-
sumption;

      (6) ``container'' means any box, case, basket, carton, sack, bag or other
receptacle; and

      (7) ``ambient temperature'' means the air temperature maintained in
an egg storage facility or transport vehicle.

      Sec.  2. K.S.A. 2-2502 is hereby amended to read as follows: 2-2502.
The standards of size and quality of eggs shall be those promulgated and
adopted by the board department as provided in article 5 of chapter 74
of the Kansas Statutes Annotated and acts amendatory thereof or supple-
mental amendments thereto and. The tolerances for eggs in any container
or bulk lot, as determined by count, of the quality grades ``Grade AA,''
``Grade A,'' and ``Grade B,'' shall conform to the tolerances adopted by
the board department as provided by statute.

      Sec.  3. K.S.A. 2-2503 is hereby amended to read as follows: 2-2503.
It shall be a violation of this act for any person, other than those exempted
by K.S.A. 2-2508, and amendments thereto:

      (a) To sell eggs below the quality of ``Grade B'' to food purveyors or
consumers;

      (b) to sell eggs to food purveyors or consumers that are not labeled
on the container to indicate size and quality thereof in boldface type
letters not less than three-eighths (3/8) 3/8 inch in height;

      (c) to sell eggs to food purveyors or consumers without the name of
either the dealer, retailer, food purveyor or agent by or for whom the
eggs were graded or labeled, indicated on the carton or container;

      (d) to falsely or deceptively label, advertise or invoice eggs;

      (e) to advertise eggs in a manner which indicates price without also
indicating the full, correct and unabbreviated designation of size and qual-
ity as provided herein;

      (f) to hold eggs for human consumption at a an ambient temperature
higher than 60 45 degrees Fahrenheit after being received at the point
of first purchase or assembly;

      (g) to sell to food purveyors or consumers eggs in a container which
does not bear an inspection fee stamp showing that the inspection fee
has been paid thereon unless the person registered as required by sub-
section (i) has been issued a permit to pay the inspection fee on a quar-
terly basis as required by K.S.A. 2-2507, and amendments thereto;

      (h) to use an inspection fee stamp the second time, or to use a coun-
terfeit thereof;

      (i) to grade eggs for size and quality for subsequent resale to food
purveyors, retailers or consumers without first registering his or her such
purveyor's, retailer's or consumer's place of business with the board de-
partment;

      (j) to fail or neglect to file the quarterly inspection fee report and pay
the inspection fee due, as provided in K.S.A. 2-2507, and amendments
thereto, or to file a false quarterly inspection fee report of the quantity
of eggs sold during any period;

      (k) to refuse entry to any authorized inspector or employee of the
board department for the purpose of making inspections under the pro-
visions of this act;

      (l) to engage in the business of purchasing eggs unless there is posted
in a conspicuous place in such place of business every day that the same
is open for the purchase of eggs the prices which are being paid for each
of the various grades of eggs.;

      (m) to offer eggs for sale that have not been candled and graded; or

      (n) to fail to mark all containers with official United States or Kansas
grade AA, A or B identification with label to indicate that refrigeration
is required, e.g. ``keep refrigerated,'' or words of similar meaning.

      Sec.  4. K.S.A. 2-2504 is hereby amended to read as follows: 2-2504.
(a) The secretary and inspectors under the supervision and control of the
secretary shall enforce the provisions of this act. The board department
shall adopt such rules and regulations as may be necessary to carry out
the provisions of this act. (a)

      (b) Any authorized inspector or employee of the board department
may enter any place of business within the state where any eggs are held
and may take for inspection purposes representative samples of such eggs
and containers for the purpose of determining whether or not any pro-
visions of this act have been violated. (b)

      (c) Any authorized inspector or employee of the board may depart-
ment, while enforcing the provisions of this act, may seize and hold as
evidence any eggs held to be in violation of any provisions of this act.

      Sec.  5. K.S.A. 2-2505 is hereby amended to read as follows: 2-2505.
The board department shall prescribe by regulation rules and regulations
methods of selecting samples of lots or containers of eggs which shall be
reasonably calculated to produce by such sampling fair representations of
shall be a minimum of 100 egg samples that will fairly represent the entire
lots or containers sampled. Any sample taken hereunder or an official
certificate of the grade shall be prima facie evidence, in any court in this
state, of the true condition of the entire lot in the examination of which
said such sample was taken.

      Sec.  6. K.S.A. 2-2506 is hereby amended to read as follows: 2-2506.
(a) Any person who violates any of the provisions this act shall be guilty
of a misdemeanor and upon conviction thereof shall be punished by a
fine of not less than one hundred dollars ($100) $100, nor more than one
thousand dollars ($1,000) $1,000, or by imprisonment in the county jail
for not more than six (6) months, or by both such imprisonment and fine.

      (b) The district courts of Kansas shall have jurisdiction to enjoin vi-
olations of this act by injunction without the institution of criminal pro-
ceedings.

      Sec.  7. K.S.A. 2-2507 is hereby amended to read as follows: 2-2507.
(a) For the purpose of financing the administration and enforcement of
this act, there is hereby levied an inspection fee on all eggs sold, offered
or exposed for sale to food purveyors or consumers at the rate of three
and one-half (3.5) 3.5 mills for each dozen eggs. Said Such fees shall be
paid quarterly, but in no event shall the remittance for any quarter be
less than fifteen dollars ($15) $15. If the board department finds that the
above fees are providing more funds than necessary for the administration
of this act, it the department may reduce the above-mentioned fee by
regulation rules and regulations, and in like manner may increase said
such fee when necessary, but not to exceed the rate specified above. The
secretary shall provide inspection fee stamps for sale to persons desiring
them. The price of such stamps shall include the printing and mailing
costs thereof. Such inspection fee stamps shall also serve as a label indi-
cating size and quality in boldface type letters not less than three-eighths
(3/8) 3/8 inch in height. Persons desiring to report and pay the inspection
fee quarterly, in lieu of using inspection fee stamps, may make application
to the secretary for a permit to pay the inspection fee quarterly.

      (b) The secretary may grant the permit if the applicant agrees to keep
such records as may be necessary to indicate accurately the quantity of
eggs sold on which the inspection fee is due, and if the applicant agrees
to grant the secretary or a duly authorized representative of the secretary
permission to verify the statement of quantity of eggs sold. The report
shall be filed in the office of the secretary, and shall be due and payable
on the first day of October, January, April, and July for the previous three
months. If the report is not filed and the inspection fee paid within thirty
(30) 30 days after the due date, or if the report of quantity be is false, the
secretary may revoke the permit. In addition to the inspection fee there
shall may be assessed against the permit holder a penalty of one dollar
($1) $5 per day for each day the inspection fee remains unpaid after the
thirty (30) day thirty-day period. Such records of quantity sold shall be
held for a period of three years. The secretary shall remit all moneys
received by or for the secretary under article 25 of chapter 2 of Kansas
Statutes Annotated and amendments thereto to the state treasurer at least
monthly. Upon receipt of any such remittance the state treasurer shall
deposit the entire amount thereof in the state treasury and the same shall
be credited to the egg fee fund. All expenditures from such fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
secretary of the state board of agriculture or by a person or persons des-
ignated by the secretary.

      Sec.  8. K.S.A. 2-2508 is hereby amended to read as follows: 2-2508.
Any person registering his or her such person's place of business for the
purpose of qualifying to grade eggs as required under subsection (i) of
K.S.A. 2-2503, and amendments thereto, shall file an application for such
registration on a form supplied by the secretary and shall pay an annual
registration fee of five dollars ($5) $5. Each registration shall expire on
December 31 of the year in which issued. A producer of eggs when selling
only ungraded eggs of his or her the producer's own flock production is
exempted from the provisions of this act. If such producer desires to sell
graded eggs, the producer shall be permitted to do so if in compliance
with this act.

 Sec.  9. K.S.A. 2-2501, 2-2502, 2-2503, 2-2504, 2-2505, 2-2506, 2-2507
and 2-2508 are hereby repealed.
  Sec.  10. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 5, 2000.
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