HB 432

02-23 15:33  H.B. 432
1Egg Amendments
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                      Chief Sponsor: Rex P. Shipp
                                   Senate Sponsor: Keven J. Stratton
2
3   LONG TITLE
4   General Description:
5This bill addresses eggs.
6   Highlighted Provisions:
7This bill:
8▸ defines and modifies terms;
9▸ clarifies fee and rulemaking authority for the Department of Agriculture and Food
10   (department) regarding the distribution, sale, and inspection of shell eggs;
11▸ establishes that a person may not:
12●   distribute shell eggs unless the person obtains a license from the department; or
13●   sell shell eggs from a small producer outside of the state;
14▸ requires a large egg producer to register with the department as a food establishment;
15▸ clarifies the requirements for small and large egg producers; and
16▸ makes technical and conforming changes.
17   Money Appropriated in this Bill:
18None
19   Other Special Clauses:
20None
21   Utah Code Sections Affected:
22   AMENDS:
234-4-102, as last amended by Laws of Utah 2023, Chapter 528
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244-4-103, as last amended by Laws of Utah 2024, Chapter 90
254-4-104, as last amended by Laws of Utah 2024, Chapter 90
264-4-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
274-4-107, as last amended by Laws of Utah 2024, Chapter 90
284-4-108, as last amended by Laws of Utah 2024, Chapter 90
29   REPEALS:
304-4-101, as renumbered and amended by Laws of Utah 2017, Chapter 345
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31
32  Be it enacted by the Legislature of the state of Utah:
33Section 1. Section 4-4-102 is amended to read:
344-4-102 . Fee and rulemaking authority.
35  [(1) The department may establish grades and standards of quality, size, and weight
36      governing the sale of eggs.]
37  [(2) The department shall, subject to Title 63G, Chapter 3, Utah Administrative
38      Rulemaking Act, make and enforce rules that are necessary to administer and enforce
39      this chapter.]
40  (1) Except as provided in Subsection 4-4-108(11), the department shall make rules, in
41      accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are
42      necessary to administer and enforce this chapter.
43  (2) In accordance with Title 63J, Chapter 1, Budgetary Procedures Act, the department may
44      collect fees for the administration and enforcement of this chapter.
45Section 2. Section 4-4-103 is amended to read:
464-4-103 . Definitions.
47     As used in this chapter:
48  (1) "Addled" or "white rot" means putrid or rotten.
49  (2) "Adherent yolk" means the yolk of an egg has settled to one side and become fastened
50      to the shell.
51  (3) "Albumen" means the white of an egg.
52  (4) "Black rot" means [the] an egg that has deteriorated to such an extent that the whole
53      interior presents a blackened appearance.
54  (5) "Black spot" means mold or bacteria have developed in isolated areas inside the shell of
55      an egg.
56  (6) "Blood ring" means bacteria have developed to such an extent inside of an egg that
57      blood is formed.
58  [(7) "Candling" means the act of determining the condition of an egg by holding it before a
59      strong light in such a way that the light shines through the egg and reveals the egg's
60      contents.]
61  [(8)] (7) "End consumer" means a household consumer[, restaurant, institution,] or any other
62      person who has purchased or received shell eggs for consumption.
63  (8) "Large producer" means a producer of shell eggs that:
64      (a) has 3,000 or more layers; and
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65(b) is subject to:
66(i) 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell
67Eggs; and
68(ii) 21 U.S.C. Chapter 15, Egg Products Inspection.
69   (9) "Retailer" means a restaurant or retail grocery store in the state.
70   [(9)] (10) "Moldy" means mold spores have formed within the shell of an egg.
71   [(10)] (11) "Shell egg" means an egg in the shell as distinguished from a dried or powdered
72egg.
73   [(11)] (12) "Small producer" means a producer of shell eggs that:
74(a) [having] has less than 3,000 layers; and
75(b) [who ]is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
76Transportation of Shell Eggs.
77   [(12)] (13) "Wholesale" means, with respect to the sale of [an egg] a shell egg by an egg
78producer, the transfer for sale or sale of an egg to a person other than the end consumer,
79including a retailer or an industrial or business purchaser.
80Section 3. Section 4-4-104 is amended to read:
814-4-104 . License required to distribute eggs -- Unlawful acts specified.
82   [(1) It is unlawful for any person to sell, offer, or expose for sale for human consumption
83any egg:]
84[(a) that is addled or moldy or that contains black spot, black rot, white rot, blood ring,
85adherent yolk, or a bloody or green albumen; or]
86[(b) without a sign or label that conforms to the standards for display and grade adopted
87by the department.]
88   [(2) For the purpose of bulk wholesale, it is unlawful for a small producer to commingle or
89combine eggs from a source other than the small producer's operation.]
90   (1) A person may not distribute shell eggs in the state unless the person:
91(a) obtains a license from the department; or
92(b) is a small producer.
93   (2) A person may not sell, offer for sale, or expose for sale for human consumption any
94shell egg that is addled or moldy, or that contains black spot, black rot, white rot, blood
95ring, adherent yolk, or a bloody or green albumen.
96   (3) Nothing in this [section] chapter prohibits the sale of a denatured egg.
97Section 4. Section 4-4-105 is amended to read:
984-4-105 . Exemptions from regulation.
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99   (1) Except as provided in this chapter, a small producer and the shell eggs produced by a
100small producer are exempt from:
101(a) regulation by the department; and
102(b) the restricted egg tolerances for United States Consumer Grade B Quality as
103specified in the United States Standards, Grades, and Weight Classes for Shell Eggs,
104Agricultural Marketing Service Secs. 56.200 through 56.203.
105   (2) Nothing in this section:
106(a) affects the authority of the Department of Health and Human Services or the
107department to certify, license, regulate, or inspect food or food products that are not
108exempt from certification, licensing regulation, or inspection under this section; or
109(b) prohibits the Department of Health and Human Services from investigating
110foodborne illness.
111   (3) The Department of Health and Human Services, or a local health department, may not
112prevent the sale of shell eggs from a small producer Ĥ→ [ to an end consumer] ←Ĥ unless
112a        the
113Department of Health and Human Services, or the county health department, establishes
114that the shell eggs:
115(a) are addled or moldy; or
116(b) contain:
117(i) black spot;
118(ii) black rot;
119(iii) white rot;
120(iv) blood ring;
121(v) adherent yolk; or
122(vi) a bloody or green albumen.
123   [(1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain
124candling records as prescribed by the department.]
125   [(2) All candling records shall be open for examination by accredited inspectors or
126representatives of the department at reasonable times.]
127Section 5. Section 4-4-107 is amended to read:
1284-4-107 . Requirements for large producers -- Inspection of records.
129   [(1) Except as provided in this section, a small producer and the shell eggs produced by a
130small producer are exempt from regulation by the department.]
131   [(2) The Department of Health and Human Services has the authority to investigate
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132foodborne illness.]
133   [(3) The department may assist, consult, or inspect shell eggs and a small producer's
134operation when requested by a small producer.]
135   [(4) Nothing in this section affects the authority of the Department of Health and Human
136Services or the department to certify, license, regulate, or inspect food or food products
137that are not exempt from certification, licensing regulation, or inspection under this
138section.]
139   [(5) The Department of Health and Human Services, or a local health department, may not
140prevent the sale of shell eggs from a small producer to an end consumer unless the
141Department of Health and Human Services, or the county health department, establishes
142that the shell eggs:]
143[(a) are addled or moldy; or]
144[(b) contain:]
145[(i) black spot;]
146[(ii) black rot;]
147[(iii) white rot;]
148[(iv) blood ring;]
149[(v) adherent yolk; or]
150[(vi) a bloody or green albumen.]
151   [(6) A small producer that sells eggs wholesale shall notify the department about the small
152egg producer's operation, including:]
153[(a) the operator's name;]
154[(b) the operator's contact information;]
155[(c) the species of egg products offered for sale; and]
156[(d) other information required by department rule regarding notification.]
157   [(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
158Administrative Rulemaking Act, to:]
159[(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter
160that are sold by a small producer to a restaurant or wholesale;]
161[(b) establish notification requirements in accordance with Subsection (6); and]
162[(c) establish inspection requirements for small producers that request an inspection
163under Subsection (3).]
164   [(8) Eggs sold by a small producer in accordance with this chapter are exempt from the
165restricted egg tolerances for United States Consumer Grade B as specified in the United
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166      States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq.,
167      administered by the Agricultural Marketing Service of United States Agriculture
168      Department.]
169  (1) A large producer shall:
170      (a) register with the department as a food establishment in accordance with Section
1714-5-301; and
172      (b) submit to periodical inspections of the large producer's hen housing, operations,
173transport vehicles, and records.
174  (2) A large producer that transports, ships, or receives shell eggs in commerce shall:
175      (a) maintain records, for a period of at least two years, for the receipt and disposition of
176all shell eggs; and
177      (b) permit the department to access and review the large producer's records at reasonable
178times.
179Section 6. Section 4-4-108 is amended to read:
1804-4-108 . Requirements for small producers -- Rulemaking.
181  (1) A small producer that sells shell eggs retail or wholesale shall notify the department of
182      the small egg producer's operation, including:
183      (a) the small producer's name;
184      (b) the small producer's contact information;
185      (c) the species of egg products offered for sale; and
186      (d) other information required by department rule regarding notification.
187  [(1)] (2) A small producer shall package the small producer's shell eggs in clean packaging
188      that bears a label with the following information:
189      (a) the common name of the food, "eggs";
190      (b) the quantity or number of eggs;
191      (c) the name and address of the small producer;
192      (d) the statement "Keep Refrigerated"; and
193      (e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from
194bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods
195containing eggs thoroughly."
196  [(2)] (3)(a) A small producer shall label the small producer's shell eggs that are sold in a
197      grocery store with a statement that the shell eggs:
198(i) are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
199Transportation of Shell Eggs; and
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200(ii) are not from an inspected source.
201(b) The requirements described in Subsection [(2)(a)] (3)(a) are in addition to the
202labeling requirements described in Subsection [(1)] (2).
203   (4) If the shell eggs of a small producer are ungraded and not weighed, the packaging for
204the shell eggs may not be labeled with a grade or size.
205   (5) Any shell egg produced by a small egg producer and sold in a grocery store shall be
206displayed separately in the grocery store from shell eggs not from a small producer.
207   (6) For the wholesale of shell eggs, a small producer may not commingle or combine shell
208eggs from a source other than the small producer's operation.
209   (7) A small producer may not sell a shell egg outside of the state.
210   [(3)] (8)(a) A small producer may state a "pull date" or "best by" date.
211(b) The "pull date" or "best by" date may be hand written on the end of the packaging or
212in a conspicuous location that is clearly discernible.
213(c) A "pull date" or "best by" date shall first show the month then the day of the month.
214(d) A recommended "pull date" or "best by" date is 30 days after production, but the date
215may not exceed 45 days after production.
216   [(4) If the eggs of a small producer are ungraded and not weighed, the packaging for the
217eggs may not be labeled with a grade or size.]
218   [(5) Any egg produced by a small egg producer and sold in a grocery store shall be
219displayed separately in the grocery store from eggs not from a small producer.]
220   (9) The department may assist, consult, or inspect shell eggs and a small producer's
221operation if a small producer requests assistance, consultation, or inspection by the
222department.
223   (10) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
224Administrative Rulemaking Act, to:
225(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter
226that are sold by a small producer in retail or wholesale;
227(b) establish notification requirements in accordance with Subsection (1); and
228(c) establish inspection requirements for a small producer that requests an inspection
229under Subsection (9).
230   (11) Notwithstanding Subsection 4-4-102(1), the department may not make rules regarding
231small producers except as authorized under Subsection (10).
232Section 7. Repealer.
233This bill repeals:
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234Section 4-4-101, Title.
235Section 8. Effective Date.
236  This bill takes effect on May 6, 2026.
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