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Minutes for HB2464 - Committee on Agriculture
Short Title
Updating egg repacking requirements for retailers.
Minutes Content for Thu, Feb 13, 2020
Chair Highland opened the hearing on HB2464 at 3:31pm.
Kyle Hamilton, Assistant Revisor, Office of The Revisor of Statutes, provided an overview of HB2464 and the statutes that it affects. (Attachment 1) There is a Fiscal Note for HB2464.
Mr Hamilton advised that there was a technical change that was needed on page 1, line 9, of the bill. This was needed to increase the clarity of the bill's language. The Committee agreed to allow the Mr Hamilton to make any needed technical changes.
PROPONENT
Mike O'Neil, Walmart Incorporated, appeared before the Committee in support of HB2464. (Attachment 2) HB2464 clarifies amendments to the Kansas Egg Law added in 2018; in particular, the provisions dealing with the repacking of eggs by retailers. The need for repacking occurs when a carton is damaged or is found to have one or more dirty or broken eggs. In that event, eggs may be repacked. Eggs must meet Grade B requirements or higher to qualify and eggs may be graded higher than Grade B if certain enumerated requirements are met, including where undamaged eggs from damaged containers are placed only into containers with the same distributor and packer information and eggs with undamaged shells are handled and repacked employing good manufacturing practices in accordance with federal regulations.
HB2464 would align Kansas provisions with USDA regulations for the repacking of eggs.Walmart's egg lot consolidation process has been approved and meets USDA requirements. Under the current law, as written, there are labeling and record-keeping requirements that apply not only to Grade B eggs, but the higher grades as well; i.e., those commonly sold in retail grocery outlets.
HB2464 would clarify the law and appropriately apply the current law's labeling and reporting provisions only to those eggs that cannot be graded higher than Grade B. Grade B eggs are rarely sold in stores and are commonly used for commercial liquid and powdered egg products. Walmart and other major retailers do not sell Grade B eggs.
Written only testimony in support of HB2464 was received from
- Sheila Lowrie, Corporate Affairs Manager, Dillon's Inc. (Attachment 3)
- Dick Stoffer, State Government Relations Director, Hy-Vee, Inc. (Attachment 4)
NEUTRAL
Kelsey Olson, Deputy Secretary, Kansas Department of Agriculture (KDA), appeared before the Committee as a neutral of HB2464. (Attachment 5) HB2464 provides changes to the existing egg laws by removing unnecessary labeling and record keeping requirements for properly repacked Grade A eggs while keeping in place procedures that ensure the public's health is protected. KDA's Food Safety and Lodging Program is responsible for administrating the Kansas Egg Law (K.S.A. 2-2501 et seq.) and has authority to enter any place of business where eggs are held. These duties include verifying the quality of eggs packed together and helping to protect the public's health.
The proposed amendments contained in HB2464 will allow greater flexibility for retailers by allowing eggs to be repacked as Grade A under the proper conditions without adding unnecessary labeling requirements for eggs that can be verified as high quality. The proponents of this bill worked with KDA in developing these amendments and the bill would not affect our current inspection procedures or negatively impact the public health.
There were no opponents of HB2464.
During the question and answer portion of the hearing, the Ranking Member had numerous questions and concerns about the reasoning for Grade B eggs being in the bill and the language associated with this grade. The Staff, conferees, and Ryan Irsik, Director, Public Affairs and Government Relations, Walmart Inc., and Autumn Schuck, Inspection Manager, Food Safety and Lodging Division, Kansas Department of Agriculture, attempt to answer the member's questions and concerns.
The Chair placed the Committee at ease while this group attempted to resolve the member's specific issues and provide clarification of the language that was being used in the bill.
It did not appear that a resolution was immediately forthcoming, so the Chair closed the hearing on HB2464 at 3:57pm.
The Chair adjourned the Committee at 4:06pm.
