Okies in the BYC The Original

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Interesting article in this morning's paper. Front page, no less.

Slow news day?
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Modern fowl a result of DNA mutations

Lawton Constitution, The (OK) - Saturday, March 13, 2010

Author: LOS ANGELES TIMES

LOS ANGELES - Hundreds of genetic mutations accumulated over thousands of years have transformed the red jungle fowl of South Asia into the domesticated chickens that are a fixture on farms - and dining tables - worldwide, according to a scientific analysis of poultry DNA published this week in the journal Nature.

Swedish and American scientists identified roughly 7.5 million genetic variations between domesticated chickens and the jungle fowl, their primary wild ancestor. Then the scientists zeroed in on a few dozen differences that seemed particularly important based on their frequent prevalence in eight distinct populations of birds raised for meat or eggs. One of the key genetic changes was in the DNA that helps regulate reproduction in birds and mammals based on changes in the length of day. It normally restricts reproduction to certain times of the year. But the mutation may allow them to breed year-round, said geneticist Leif Andersson.
 
Quote:
That is actually the one I was looking for, the last line pretty much sums it up.

If I remember right it was from the Ok. Poultry Federation web site of from the Ok Egg Board web site.
 
Title 2 O.S. § 10-71 - Definitions
As used in this subarticle:

1. "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs;

2. "Case" means thirty (30) dozen eggs or any container designed to hold thirty (30) dozen eggs;

3. "Consumer" means any person using eggs for food and including, but not limited to, restaurants, hotels, cafeterias, hospitals, state institutions, or any other establishment serving food to be consumed on the premises. The term "consumer" shall not include the armed forces or any other federal agency or institution where federal egg grade certificates are issued;

4. "Container" means any receptacle or packaging in which eggs are dispensed to consumers;

5. "Dealer" means any person engaged in the wholesale marketing of eggs. A dealer may also sell eggs to the consumer but shall not be considered a retailer;

6. "Eggs" means raw eggs in the shell that are the product of the domesticated chicken or egg products manufactured from raw eggs and intended for human consumption;

7. "Expiration date" means the date the eggs are to be removed from sale;

8. "Pack-date" means the date that the eggs were placed in the container;

9. "Packer" means any person who grades or packs eggs for sale to dealers, retailers, or consumers within the state. A packer may sell eggs to consumers but shall not be considered a dealer;

10. "Processor" means any person who operates a plant for the purpose of breaking or boiling eggs for liquid, freezing, drying, or commercial food manufacturing; and

11. "Retailer" means any person who sells eggs to a consumer.

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2 O.S. § 10-74 Scope
The provisions of this subarticle shall apply only to eggs bought or sold for human food or consumption by humans.

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2 O.S. § 10-77 Acts constituting violation of this subarticle

It shall be a violation of this subarticle for any person other than those exempted in Section 10-77 of the Oklahoma Agricultural Code:

1. To sell, display for sale, or offer for sale eggs below the quality of "Oklahoma Grade B" to consumers;

2. To sell, display for sale, or offer for sale eggs to consumers unless the container shows the pack-date and indicates the correct size and grade in boldface legible letters with no other descriptive wording. Descriptive wording is permitted if the eggs are not below the quality of "Oklahoma Grade A" and the descriptive wording is not false or misleading;

3. To sell, display for sale, or offer for sale eggs to consumers unless the container exterior bears one of the following acceptable methods:

a. USDA plant number assigned by USDA, AMS while plant is under contract for official grading service,

b. Oklahoma state permit number as assigned by the Oklahoma Department of Agriculture, Food, and Forestry,

c. packer name with complete address of the location where eggs were packed, and

d. USDA shell egg surveillance registrant number including state code and handler code. Example: 05 0267 NOTE: The shell egg surveillance registrant number contains a state code, county code, and handler code. Do not include the county code, only state and handler code;

4. To falsely or deceptively label, mark, advertise, or invoice eggs;

5. To advertise eggs for sale with any descriptive wording, except official grade designations, unless the eggs meet the quality requirements of "Oklahoma Grade A" or "Oklahoma Grade AA", or to state a price when advertising eggs without also designating the full, correct, and unabbreviated grade and size;

6. To store graded eggs at a higher ambient temperature than specified in Section 10-73 of this title, including "Grade B" and above, which are in the person's possession for sale or resale to consumers;

7. To sell, display for sale, or offer for sale eggs to consumers in a container that does not bear the permit number of the packer or processor showing that the inspection fee has been paid;

8. To use a retail egg container more than one time;

9. To do business as a packer, processor, retailer, or dealer of eggs without first obtaining a license from the Board;

10. To fail or neglect to pay any license or inspection fee, to fail or neglect to file the monthly inspection fee report when required, or to file a false monthly report of the quantity of eggs packed for sale during any month;

11. To refuse any authorized agent of the Board entry to any premises or deny access to records or product when conducting inspections, investigations, or audits made pursuant to this subarticle;

12. To sell, display for sale, or offer for sale eggs to consumers below Grade "A" with any descriptive wording other than the correct grade as provided by the United States Department of Agriculture standards for shell eggs; or

13. For any packer or dealer to sell eggs intended for sale in Oklahoma to another packer, dealer, or retailer who does not hold an appropriate Oklahoma license.

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Title 2 O.S. § 10-78
Sale of eggs
A. Oklahoma producers of eggs selling ungraded eggs from their own flock production are exempt from this subarticle. Nothing in this subarticle shall prohibit the sale of eggs produced on the farm and sold direct to the consumer. Eggs sold under this section shall be produced by hens maintained on the farm from which the eggs are sold.

B. A producer may sell graded eggs if in compliance with this subarticle.

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I take all these together and come to the conclusion that a person who is selling eggs produced by their own hens may sell directly to consumers, but that the sale does not need to take place on the farm. (As an interesting note however, sales directly on the farm are exempt from the payment of sales tax but sales away from the farm are subject to the remittance to the Tax Commission of sales tax by the seller)

Since you are exempt from all the regulations provided you are selling your own eggs directly to consumers, you don't need to have any additional licenses as long as you are not grading your eggs, selling them to a retailer for resale, or buying and selling someone else's eggs.

I suspect that auctions sell non-hatching eggs as animal food, which would exempt the eggs from the rules because they are not being sold for human consumption.

So, folks who buy eggs from the auctions and resell them at the flea market "should" be required to follow the rules regarding labeling, new containers, and refrigeration practices, since they are not selling eggs produced by hens maintained on "their" farm. The problem is enforcement.

Just my nickel's worth
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Quote:
That is actually the one I was looking for, the last line pretty much sums it up.

If I remember right it was from the Ok. Poultry Federation web site of from the Ok Egg Board web site.

I found the original link!!! in a round-about manner. Why the Dept. of Ag. doesn't have it visibly linked on their website is beyond me, it's much easier to read than trying to search through all the various links they've posted.

http://www.ok.gov/~okag/forms/law/egglaw.pdf
 
I think we may be confusing the egg law with the raw milk law, which says specifically that it must be sold on the farm. Since one says it, and the other doesn't, I see that as a significant difference.

And you are right, Les. It is likely this dude is just interpreting to suit his own whims. That's a big problem with bureaucrats like this. Joel Salatin tells of some real war stories. It's their job to enforce the laws, not make up new ones.

Reckon I'm going to have to challenge him on it.

Here is the raw milk law to illustrate my point...

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§ 2-7-414. Construction of Act.

A. The provisions of the Oklahoma Milk and Milk Products Act shall not be construed to:

1. Include incidental sales of raw milk directly to consumers at the farm where the milk is produced;
 
Sooner - Get your nursery set up !
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I candled them as we moved them to the hatching tray
last night. Out of 69 eggs there were only 13 blanks.
All of those were identical eggs, so all must be the
same breed. Anyway, put 56 eggs down in the
tray to hatch Sunday.

Looks like 20 or so have already hatched....several
different colors. I don't remember what all types
of eggs Okie Doodle brought, but looks like it's
gonna be a pretty good hatch. Am thinking they'll
be eating, drinking, and able to make the trip
home Monday or so. We'll pop some more of
Pa-Pa's handwarmers to put in the box to keep
them warm.

Should keep Madison in "chickies" for a while....
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Have a good one !
 
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Quote:
That is actually the one I was looking for, the last line pretty much sums it up.

If I remember right it was from the Ok. Poultry Federation web site of from the Ok Egg Board web site.

I found the original link!!! in a round-about manner. Why the Dept. of Ag. doesn't have it visibly linked on their website is beyond me, it's much easier to read than trying to search through all the various links they've posted.

http://www.ok.gov/~okag/forms/law/egglaw.pdf

Yeah, I see that last line. Problem is the statute doesn't say that.
 
Quote:
That is actually the one I was looking for, the last line pretty much sums it up.

If I remember right it was from the Ok. Poultry Federation web site of from the Ok Egg Board web site.

If I had read this brochure first, I wouldn't have needed to cut and paste from the statutes.
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I don't read the exemption for sales of eggs from the farm as narrowly as suggested in the brochure and think I could make a strong argument that the location of the sale is not the important part of the exemption, it is the fact that the farmer is selling eggs from their personal hens.
 
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