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32.12.105    CONDITION OF SALE FOR CHECKED SHELL EGGS

(1) Checked shell eggs may not be sold on or off premises to hospitals, institutions, nursing homes, convalescent homes, retirement homes, schools, whether privately or governmentally owned; or to food purveying establishments subject to licensing by the Montana department of health and environmental sciences, such as but not limited to, bakeries, restaurants, cafes, drive-ins, food manufacturing establishments; or to private clubs, organizations, churches or church groups when members, the public and/or non-members and guests are served food.

(2) Checked shell eggs may be sold to a breaking plant approved by the department or for non-human food purposes to an animal-food processing plant in accordance with the Egg Products Inspection Act of the U.S. department of agriculture.

(3) Checked shell eggs may be sold on the premises to the ultimate consumer only when conforming to the requirements of the Egg Products Inspection Act of the U.S. department of agriculture; and as follows:

(a) Each container of eggs sold, offered or exposed for sale must have a label printed on the container, inserted into the container or by other means attached to the container advising the consumer that the eggs are being sold only for cooking and baking purposes where the cooking temperatures will reach or exceed 165F. Each label must contain the words "checked shell" and "ungraded"; and the printing on each label shall be clean, clear and of such size print so as to be easily read by the consumer.

(b) The label and/or container may not have on or in it any words, phrase or graphic material which might tend to mislead the purchaser or consumer that the eggs have been inspected by the department and/or that they have been candled or graded.

(c) All references on the containers to size, grade, freshness and seals or imprint seals must be obliterated prior to sale to the consumer.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

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