Farmer Jonathan
In the Brooder
This is a copy of an e-mail exchange that I had with The Texas Department of Agriculture.
“Fresh” is claiming a grade of quality as determined by AA, A, or B. A carton that says “fresh”, without being graded, would not be compliant under the Administrative Code.
Howard Pieper
Coordinator for Fuel Quality and Egg Quality Programs
Texas Department of Agriculture
512-463-6477

From: Jonathan Conwell [mailto:[email protected]] Sent: Wednesday, January 25, 2017 11:34 AM To: Howard Pieper Subject: Re: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
So your saying that the cartons can't say Farm fresh unless the eggs have ben graded , even if by me just selling my eggs straight from my farm directly to the consumer ? if yes that means that unless the eggs are graded you can not use the new cartons that are sold at the farm stores.
-----Original Message----- From: Howard Pieper <[email protected]>
To: jpaulcon <[email protected]>
Cc: Stuart Strnad <[email protected]>; Robin Johns <[email protected]>
Sent: Wed, Jan 25, 2017 10:48 am
Subject: RE: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
Mr. Conwell,
The grading is a statement of the freshness of the eggs. By not grading them no claim of freshness can be made in Texas. That is the interpretation of the statute and the USDA Grading Manual. If you have any questions please feel free to contact me directly.
Thanks, Howard
Howard Pieper
Coordinator for Fuel Quality and Egg Quality Programs
Texas Department of Agriculture
512-463-6477

From: Robin Johns Sent: Wednesday, January 25, 2017 10:41 AM To: Howard Pieper Cc: Stuart Strnad Subject: FW: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
FYI
From: Customer Relations Sent: Wednesday, January 25, 2017 10:14 AM To: Philip Wright; Robin Johns Subject: FW: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
From: Jonathan Conwell [mailto:[email protected]]
Sent: Wednesday, January 25, 2017 9:22 AM
To: Customer Relations
Subject: Fwd: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
This is the therd time trying to get an answer to this , please get back to me.
Sincerely ; Jonathan Conwell
-----Original Message----- From: Jonathan Conwell <[email protected]>
To: EggQuality <[email protected]>
Sent: Thu, Jan 19, 2017 7:57 pm
Subject: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
I was looking at the Texas egg laws , and was confused about the part that talks about the words on the egg cartons . Dose this mean it can not say "Farm Fresh Eggs" on my cartons , if I am selling ungraded Eggs direct to the consumer.
The cartons that I have been getting at GEBOS farm store are preprinted with the words FARM FRESH EGGS .
Texas Administrative Code
TITLE 4
AGRICULTURE
PART 1
TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 15
EGG LAW
RULE §15.12
Violations
a) The label on an egg container shall be considered false or deceptive if:
(1) the eggs in the container are not of the quality or size indicated by the label;
(2) the label bears any statement that is false or misleading;
(3) the label bears any qualifying words with reference to size and quality, which are in any way misleading;
(4) the eggs in the container are represented as being "fresh" and are not of "AA" or "A" quality;
(5) the descriptive language or art work on the carton or container misrepresents, misleads, or misinforms the consumer as to the method, locality or quality of egg production; and
(6) the carton or container bears more than one Texas egg license number or the address, city, and state of any person other than the actual packer, unless specific approval has been granted.
(b) Any advertisement of eggs which indicates price shall also indicate the full, correct, and unabbreviated designation of size and grade. To prevent deception of the public, newspaper advertisements must display the required information in print size of not less than eight points. Retail store window banners, posters and similar devices shall display the full, correct and unabbreviated designation of size and grade in lettering of at least one-quarter the size of that used in the price indication.
Sincerely ; Jonatan Conwell
“Fresh” is claiming a grade of quality as determined by AA, A, or B. A carton that says “fresh”, without being graded, would not be compliant under the Administrative Code.
Howard Pieper
Coordinator for Fuel Quality and Egg Quality Programs
Texas Department of Agriculture
512-463-6477

From: Jonathan Conwell [mailto:[email protected]] Sent: Wednesday, January 25, 2017 11:34 AM To: Howard Pieper Subject: Re: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
So your saying that the cartons can't say Farm fresh unless the eggs have ben graded , even if by me just selling my eggs straight from my farm directly to the consumer ? if yes that means that unless the eggs are graded you can not use the new cartons that are sold at the farm stores.
-----Original Message----- From: Howard Pieper <[email protected]>
To: jpaulcon <[email protected]>
Cc: Stuart Strnad <[email protected]>; Robin Johns <[email protected]>
Sent: Wed, Jan 25, 2017 10:48 am
Subject: RE: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
Mr. Conwell,
The grading is a statement of the freshness of the eggs. By not grading them no claim of freshness can be made in Texas. That is the interpretation of the statute and the USDA Grading Manual. If you have any questions please feel free to contact me directly.
Thanks, Howard
Howard Pieper
Coordinator for Fuel Quality and Egg Quality Programs
Texas Department of Agriculture
512-463-6477

From: Robin Johns Sent: Wednesday, January 25, 2017 10:41 AM To: Howard Pieper Cc: Stuart Strnad Subject: FW: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
FYI
From: Customer Relations Sent: Wednesday, January 25, 2017 10:14 AM To: Philip Wright; Robin Johns Subject: FW: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
From: Jonathan Conwell [mailto:[email protected]]
Sent: Wednesday, January 25, 2017 9:22 AM
To: Customer Relations
Subject: Fwd: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
This is the therd time trying to get an answer to this , please get back to me.
Sincerely ; Jonathan Conwell
-----Original Message----- From: Jonathan Conwell <[email protected]>
To: EggQuality <[email protected]>
Sent: Thu, Jan 19, 2017 7:57 pm
Subject: TEXAS DEPARTMENT OF AGRICULTURE EGG LAW
I was looking at the Texas egg laws , and was confused about the part that talks about the words on the egg cartons . Dose this mean it can not say "Farm Fresh Eggs" on my cartons , if I am selling ungraded Eggs direct to the consumer.
The cartons that I have been getting at GEBOS farm store are preprinted with the words FARM FRESH EGGS .
Texas Administrative Code
TITLE 4
AGRICULTURE
PART 1
TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 15
EGG LAW
RULE §15.12
Violations
a) The label on an egg container shall be considered false or deceptive if:
(1) the eggs in the container are not of the quality or size indicated by the label;
(2) the label bears any statement that is false or misleading;
(3) the label bears any qualifying words with reference to size and quality, which are in any way misleading;
(4) the eggs in the container are represented as being "fresh" and are not of "AA" or "A" quality;
(5) the descriptive language or art work on the carton or container misrepresents, misleads, or misinforms the consumer as to the method, locality or quality of egg production; and
(6) the carton or container bears more than one Texas egg license number or the address, city, and state of any person other than the actual packer, unless specific approval has been granted.
(b) Any advertisement of eggs which indicates price shall also indicate the full, correct, and unabbreviated designation of size and grade. To prevent deception of the public, newspaper advertisements must display the required information in print size of not less than eight points. Retail store window banners, posters and similar devices shall display the full, correct and unabbreviated designation of size and grade in lettering of at least one-quarter the size of that used in the price indication.
Sincerely ; Jonatan Conwell
