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
