KRS 260.610: Grade identification -- Handling -- Conditions requiring removal from

retail display -- Retailers prohibited from repacking eggs into full cartons --

Lot consolidation permitted under supervision of registered lot consolidator --

Prohibition of sale o r possession for sale of inedible eggs -- Emergency recall

plan.

(1) All eggs bought or sold by or to retailers, consumers, and institutional users by

licensees shall be identified according to grade and size, using USDA standards and

weight classes for consumer grades.

(2) Eggs to be offered for sale for human consumption shall be handled to maintain and

preserve the quality and grade in which they are to be offered for sale, including but

not limited to storage, transportation, temperature, and sanitation.

(3) A carton of eggs with any of the following existing conditions shall be removed

from a retail display on a daily basis:

(a) Cracked eggs;

(b) Leaking eggs;

(c) Frozen eggs; or

(d) A combination of any of the above.

(4) A retailer shall not rework or repack eggs into full cartons. Repacking shall be done

only by the original packer. A retailer may, however:

(a) Sell an incomplete dozen size carton provided that the quantity labeling on the

carton is changed to reflect the number of eggs in the carton; or

(b) Perform lot consolidation, provided the process is performed by or under the

supervision of a registered lot consolidator. The Commissioner may

promulgate administrative regulations governing the requirements for lot

consolidation registration and may assess a fee of no more than twenty dollars

($20) needed to defray the costs of the registration program.

(5) No person shall sell, offer or expose for sale, or have in his possession for sale, for

human consumption, eggs that are inedible, including eg gs that are unfit for human

food in whole or in part, addled or moldy, containing black rot, white rot, or blood

ring, adherent yolks, or bloody whites, incubated beyond the blood ring stage, or

consisting to any extent of filthy decomposed substance.

(6) No later than June 30 of each year, all packing plants and distributors shall submit

an emergency recall plan to the department. The plan shall address policies and

procedures that will be followed in the event of a recall of eggs or egg products

pursuant to an inedible product designation, as described in subsection (5) of this

section. If there have been no changes in the plan from the previous year, a

statement to that effect shall be submitted in lieu of a plan on an annual basis.