Illegal to Advertise Nest Run Eggs as "Fresh" or "Local"?

[Outta Here]

Wow! Just learned this: Arizona law says anyone who sells eggs must be registered as a nest run producer and that they must put their name and address on the carton! What they can't do is use a carton with another manufacturer's name or any carton that says "Fresh" or "Local"!

And yet everybody's doing it!!! They even sell those cute egg cartons pre-printed with "Fresh" and "Local" on Amazon! I want to print up a label that says "Organic, Soy-Free, Omega-3 eggs." Looks like there is no law against that, but I can't say they're fresh? Or local? Sheesh!


P.S. I don't even want to know whether you can reuse cartons legally!!!


Here's a bit of the publication:
===========================

NOTE: Nest run eggs may not be advertised or sold as “fresh eggs” or “local eggs” because A.R.S.
§ 3-724 requires that eggs marked as fresh or local meet the requirement for Grade A or higher. Nest run eggs cannot meet this requirement, because they are not graded for quality.

A.R.S. § 3-724. Misrepresentation of quality

A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better.

B. No person shall advertise, represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the requirements for A or better.

 

[rosemarythyme]

I want to print up a label that says "Organic, Soy-Free, Omega-3 eggs." Looks like there is no law against that

You can't use "organic" either unless you're certified organic. That's regulated by the USDA.

 

[LaFleche]

You could let your customers bring their own "egg transportation devices", whether baskets, bowls, their own egg cartons etc. to fill with your fresh eggs.

 

[Kiki]

Each state had their own set of rules to follow when it comes to selling eggs for eating.

 

[3KillerBs]

My still tentative plan for when I have enough eggs to sell, is to call my eggs "backyard eggs" -- which would imply both freshness and local origin.

 

[wolfwalker]

Re-using cartons is pretty self explanatory. The eggs are yours, not the company printed on the carton, to the state that is fraud when you do that. It is also a way to track down the source the eggs came from if in the event something happened. And eggs have been known to break or leak in the carton making it contaminated for the growth of pathogens.

In Arizona under the nest run producer, you are not allowed to grade, wash, or make claims your eggs are fresh. Fresh is a subjective term and differs to too many people. Arizona allows you to buy a egg producer license, which requires a few more hoops to go through, including state vet inspections, but it allows you to label your eggs fresh and grade them. BUT they must be washed then refrigerated. Why the difference, in the sellers license, the state has inspected and certified your setup and process and your premise. Just like it does to the big guys.

Want to re-use cartons, put up a sign that states if the customer brings their own carton they get 50 cents off and then have a couple of egg flats stacked with eggs you can pull the eggs from. Also bring a few of your cartons in case you need to pull from your flats to sell eggs when you run out of pre-cartoned eggs. When people ask, tell them it is a health safety issue, you don't want the chance of anyone getting sick if an egg had leaked in an old carton.

The above is all about consumer safety and trackability. Nest Run egg license is free, just a few forms filled out, if you want to do what the big guys do, so as they do and pay for a license and be inspected.

Frankly there are so many ways to say fresh and local without using the words. A sign saying eggs laid this week = fresh to most people. A sign stating your farm's address which is local with a picture of your chicken's or runs = hey I am local without having to say I'm local. Be creative

 

[U_Stormcrow]

Actually, claiming "Organic" without independent third party certification is more likely to put you in legal hot water than "local", but anywhere law, courtroom juries, and advertising collide respresents an exercise in line drawing with some really absurd results. Recommend education and complaince.

"Twinings of London" is being sued because their tea doesn't come from London, or even England. Some "reasonable consumers" think their label is misleading.

"Kings Hawaiian" for not baking all their rolls in Hawaii.

Menards because a 2x4 is not, actually 2" x 4" ("dimensional" lumber hasn't been sold except for limited purposes in probably a century or more.)

Ben & Jerry's "Happy Cows" claims

I'm not even going to attempt to link all the cases over Soy "milk", "greek" yogurt, "beer" that does not comply with the Reinheitsgebot.


But yes, every state handles small producers differently, it a regulatory patchwork out there. For instance, i can't sell in cartons at all, and must prominently display a sign at least 7"x7" "These eggs have not been graded for size or quality" (though the size of the text and the font aren't specified), and must wash and sanitize all eggs offered as shell eggs for human consumption, keeping them under refrigeration till delivery.

 

[Outta Here]

Maybe we could advertise "Psst! Wanna buy black market eggs?" Might get more sales that way...

 

[B-Goock]

I take mine to work in most of the time used cartons. I put a cup in the fridge says egg donations. Heck I've had guys bring me all kinds of stuff for trade too. Deer. Sausage. Fish. Bought my lunch. Trust is all it is.

One guy at work today has plastic tubs in back of his truck with sign says free.
Zucchini, yellow squash, matoes, peppers, cucumbers, and some tatoes. Put it this way his lunch will be free for awhile.

I think the difference is what we do is not really a public sale selling to strangers that need some kind of guarantee that the product is legit. Friends & neighbors know you.

 

[Outta Here]

I'd guess the vast majority of small chicken raisers don't even know about such laws, much less pay attention to them. I've sold eggs to my neighbors starting 44 years ago and never even thought to ask.
I did, however, follow the law as concerned selling raw goat milk and cheese--big trouble in that if you don't! Once I gave a taste of cheese to a visitor and the next day he came back with someone I'm convinced had the power to arrest me, and he tried his hardest to get me to sell him some in front of her to entrap me, trying to shove money in my hand. I never sold cheese, ever. It was definitely a weird experience...