Someone Please Explain This To Me

Discussion in 'Managing Your Flock' started by dangerouschicken, Jul 15, 2008.

  1. dangerouschicken

    dangerouschicken Will Barter For Coffee

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    Okay, I am smart. I have two college degrees, I have worked professionally in talk radio, and I know a thing or two about writing. BUT FOR THE LIFE OF ME, I STILL DON'T KNOW EXACTLY WHAT THIS MEANS. Someone please explain this to me.

    These are the laws for selling eggs in Oregon. I am not technically selling them, I am trading them to a guy who just happens to own a coffee shop. Do I need a license or not? What about labeling? Can I just put the name of our farm with the statement Farm Fresh Eggs?

    HELP!

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    An egg handler is any person who has possession or control of eggs for sale to another egg handler, retailer, or to a person who processes and sells the eggs to another egg handler, retailer or consumer.

    Licensing
    A producer is required to have an egg handler's license from the ODA Food Safety Division if the producer sells graded eggs to retailers, cafes, bakeries, hospitals, schools, boarding houses or institutions.

    A producer does not need a license if the producer is selling and delivering eggs of the producer's own production directly to an individual consumer. Eggs may be sold at farmers' markets or roadside stands without an egg handler's license and without labeling, but only by the farm that produces the eggs-this exemption does not include eggs produced by friends or relatives or on neighboring farms. A producer may also sell without an egg handler license, if they sell only ungraded eggs to a dealer.

    A retailer needs an egg handler's license if he or she grades eggs or packages graded eggs in his/her own carton. A license is not required if the retailer sells, to the consumer, eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815, http://www.leg.state.or.us/ors/632.html .

    Eggs must be graded and sized according to the standards outlined in OAR 603-022-0300 through 603-022-0340, http://arcweb.sos.state.or.us/rules/OARS_600/OAR_603/603_tofc.html . AA, A and B eggs are the only grades legally sold away from the farm. An egg handler's license can be obtained after inspection and approval by an ODA food safety specialist.


    Packaging and labeling
    Each egg container or sub-container shall be plainly marked with the following: (Use boldface-typed letters that contrast with the background color.)

    name and address of producer, wholesaler, or retailer by, or for, whom the eggs were packed
    size of egg
    grade of egg
    assigned permit number (if applicable)
    net quantity (e.g., one dozen)
    If a producer is selling his or her own eggs on-site, or at a farmers' market, a statement of net quantity is required. Any time a package is sold at a location other than where it was packaged, it must also include the name and address of the producer, wholesaler, or retailer.

    If displayed in bulk, eggs must be segregated by size and grade with a sign displaying the size and grade information.

    In addition to the fee for the annual egg handler's license, a fee of ¼¢ per dozen is required to be paid by the person/firm first offering eggs for sale in Oregon. This fee pays for grading services provided by ODA.
     
  2. Wolf-Kim

    Wolf-Kim Chillin' With My Peeps

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    I think you're safe as long as he does not use the eggs in the coffee shop. If he uses the eggs in the coffee shop, then you need a license. From what I can read and understand, you need a license to sell to someone who is going to turn around and sell them again(even if used as an ingrediant).

    -Kim
     
  3. dangerouschicken

    dangerouschicken Will Barter For Coffee

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    But I'm not selling them. I am trading them. And they are not graded. So does that count?
     
  4. Wolf-Kim

    Wolf-Kim Chillin' With My Peeps

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    A producer does not need a license if the producer is selling and delivering eggs of the producer's own production directly to an individual consumer. Eggs may be sold at farmers' markets or roadside stands without an egg handler's license and without labeling, but only by the farm that produces the eggs-this exemption does not include eggs produced by friends or relatives or on neighboring farms. A producer may also sell without an egg handler license, if they sell only ungraded eggs to a dealer.

    I believe that this is the portion that applies to you. I think you are fine, whether selling or trading as long as they are not being used for the coffee shop.

    -Kim​
     
    Last edited: Jul 15, 2008
  5. PotterWatch

    PotterWatch My Patronus is a Chicken

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    I think it means you only have to grade them if you are selling them. If you are just trading I think you are safe unless the guy you are trading to uses them in some way in his business. I think all of that refers only to sale of eggs, so trading shouldn't even figure in...
     
  6. Mrs MIA

    Mrs MIA Chick Magnet

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    What is he doing with them? If he's selling them to someone else, regardless of whether he pays you with money or goods, then yes. If they're for his own consumption, if I'm reading it correctly, then no, you don't need a license.

    "A producer does not need a license if the producer is selling and delivering eggs of the producer's own production directly to an individual consumer. "

    I think you're good. [​IMG]
     
    Last edited: Jul 15, 2008
  7. dangerouschicken

    dangerouschicken Will Barter For Coffee

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    Well, he was going to use them in his business. I guess that may not happen now, after all. [​IMG]

    I just kept reading it that as long as I am the producer selling (or trading) directly to a customer, and they are ungraded eggs, then I don't need a license.

    The wording is so wack! [​IMG]
     
  8. DuckLady

    DuckLady Administrator Staff Member

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    To me it looks like YOU don't need a license to sell or trade to him. If he is buying from you and reselling then HE needs a license. However, if you know he is buying (trading) with you with the intent to resell, then I think you need one as well.
    Call the Department of Ag and ask. I have always found them very helpful. [​IMG]
     
  9. risurocket

    risurocket Chillin' With My Peeps

    Jul 5, 2008
    Wisconsin
    The way I understand it is that you are safe, unless you were going into the coffee shop and saying "here buy my eggs so you can sell them here at this establishment..." In which case you would be "selling/trading" to the coffeeshop instead of to the guy. After he has them in hand, you have no control, really.

    However, it sounds like you would be safest if you do *not* label or grade them for him, should he decide to use them in his shop. Let the word of mouth quietly advertise for you or give him business cards to hand out if people (who do not look like Feds from the Ag dept [​IMG] ) ask where the eggs are from. It would be like if you were trying to sell a few 100 dozen to a Co-op or natural food store for them to then resell to the public never cracked open. *Then* you would need a license.

    Sounds like the dude is just going to use them to bake with. Who knows where they would come from that way...see what I mean?
    That's just my 2 cents from my 5 AM non-caffeinated brain and very rusty English degree.
     
  10. Three Cedars Silkies

    Three Cedars Silkies Overrun With Chickens

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    In Florida, people to sell (or trade) eggs can do so without a license as long as they have a sticker on the outside that states "NOT GRADED".
     

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