{"data":{"id":"us-ky/krs-260.540","jurisdiction":"us-ky","citation":"KRS 260.540","heading":"Definitions for KRS 260.540 to 260.650.","body":"As used in KRS 260.540 to 260.650, unless the context otherwise requires:\n(1) \"Ambient temperature\" means the atmospheric temperature surrounding or\nencircling shell eggs;\n(2) \"Candle\" means to determine the interior quality of a shell egg based on the use of a\ncandling light as defined in the USDA Handbook 75(7 CFR Part 56);\n(3) \"Candled and graded\" means candled and graded under state and federal standards\nand regulations;\n(4) \"Case\" means a container of thirty (30) dozen shell eggs as used in commercial\npractice in the United States. The term \"half -case\" shall mean a container of fifteen\n(15) dozen eggs. Case also means any other quantity packaging which is considered\na wholesale pack;\n(5) \"Check\" means an egg that has a broken shell or a crack in the she ll, but whose\nmembranes are intact and whose contents are not leaking;\n(6) \"Commissioner\" means the Commissioner of Agriculture;\n(7) \"Consumer\" means all persons purchasing eggs for consumption and not resale;\n(8) \"Dealer\" means a person, organization, or cooperative engaged in the business of\nbuying eggs from producers or other persons, either on his or her own account or as\nan agent, and selling or transferring eggs by the case or other quantity to a\nwholesaler, processor, retailer, specialty egg processo r, or other persons or\nconsumers;\n(9) \"Department\" means the Department of Agriculture;\n(10) \"Dirty egg\" means an egg that has a shell that is unbroken and has adhering dirt or\nforeign material, or prominent stains covering more than one -fourth (1/4) of the\nshell surface;\n(11) \"Distributor\" means any person who sells, offers, or otherwise exposes shell eggs or\negg products to a wholesaler, retailer, or food service facility. \"Distributor\" also\nmeans any person or producer who distributes shell eggs or egg products to his or\nher own retail outlet, store, or food service facility;\n(12) \"Egg product\" means processed and convenience forms of eggs for home and\ncommercial use, including hard -cooked, or specialty egg products and pasteurized\nliquid, pasteurized frozen, or pasteurized dried egg products;\n(13) \"FDA\" means the Federal Food and Drug Administration;\n(14) \"Handler\" means a dealer, packer, processor, wholesaler, distributor, or retailer;\n(15) \"Inedible\" means an egg that is unfit for human food in whole or in part, addled or\nmoldy, containing black rot, white rot, blood ring, adherent yolks, or bloody whites,\nincubated beyond the blood ring stage, or consisting to any extent of filthy\ndecomposed substance. This also includes any eggs unfit for human consumption\ndue to causes other than those listed in this subsection;\n(16) \"Leaker\" means an egg that has a crack or break in the shell and shell membranes to\nthe extent that the egg contents are exposed or are exuding or free to exude through\nthe shell;\n(17) \"Loss\" means an egg that is unfit for human food because it is smashed or broken\nso that its con tents are leaking; or overheated, frozen, or contaminated; or an\nincubator reject; or contains a bloody white, large meat spots, a large quantity of\nblood, or other foreign material;\n(18) \"Lot\" means any given quantity of two (2) or more eggs of a named grade, billed on\nan invoice or inspected by the department;\n(19) \"Lot consolidation\" means the removal of damaged eggs from consumer labeled\ncartons and replacement of the damaged eggs with eggs of the same grade, size,\nsell-by date, brand, lot, and source;\n(20) \"Packer\" means any person who grades, sizes, candles, and packs eggs for purposes\nof sale;\n(21) \"Person\" means any individual, firm, partnership, corporation, company,\nassociation, or any other type of business entity that traffics in, handles, or sel ls\neggs, and shall include any trustee, receiver, or similar representative;\n(22) \"Producer\" means any person who exercises control over the production of eggs\nand disposes of eggs from the output of his or her personally owned flock;\n(23) \"Registered lot consolidator\" means a person who has successfully completed a\ntraining course in lot consolidation approved by the department and who is\nregistered with the department;\n(24) \"Repacking\" means changing the identity of a lot of shell eggs by removing them\nfrom the original container labeled by a packer and placing them into another\ncontainer not labeled by the packer at the point of origin with the same grade, size,\nsell-by date, lot number, source, and brand;\n(25) \"Retailer\" means any person selling or offer ing eggs for sale to consumers in this\nstate;\n(26) \"Sell\" means to offer for sale, expose for sale, have in possession for sale,\nexchange, barter, or trade;\n(27) \"Shell eggs\" means the product of the domesticated hen and any other egg from the\navian species offered for human consumption in its shell form;\n(28) \"Specialty egg processor\" means a person who operates a plant for the purpose of\nbreaking eggs for freezing or drying or commercial food manufacturing, and\nincludes a person distributing his or her pr oducts from out-of-state. A specialty egg\nprocessor may also be known as a breaker or breaking plant;\n(29) (a) \"Specialty egg products\" means egg specialties processed for the food service\nindustry including: wet-pack and dry-pack prepeeled hard-cooked eggs, either\nwhole, wedged, sliced, chopped, or pickled; long rolls of hard -cooked eggs;\nfrozen omelets; egg patties; quiche; quiche mix; frozen French toast; frozen\nscrambled egg mix in boilable pouches; frozen fried eggs; frozen precooked\nscrambled eggs; fr eeze-dried scrambled eggs; ultra -pasteurized liquid eggs;\nfree-flowing frozen egg pellets; and specially coated shelf -stable hard-cooked\neggs.\n(b) \"Specialty egg products\" does not include eggs that are combined with other\nproducts in a convenience pack su ch as a meal, if the total package weight\ncannot be fairly divided between all items in the package allowing the egg\nproduct to have a separate calculated weight;\n(30) \"Stop order\" means an order issued by an inspector or other authorized agent of the\ndepartment removing the shell egg or egg products from sale until a release or\nchange of order has been issued by an inspector or authorized agent of the\ndepartment;\n(31) \"Ungraded and candled\" means the general run of edible eggs as they come from\nthe producer, not sized or graded, but candled;\n(32) \"USDA\" means the United States Department of Agriculture;\n(33) \"Wholesaler\" means a handler who is engaged in the business of buying eggs from\nproducers or other persons on the handler's own account and selling or transferring\neggs to other dealers, wholesalers, processors, or retailers, or through other\ndistribution channels; and\n(34) \"Withdraw from sale order\" means an order issued by an inspector or other\nauthorized agent of the department, permanently removing s hell eggs or egg\nproducts from sale or distribution.","path":["KRS Chapter 260"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57233","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:09Z","sha256":"b9b8c448c08f9bf6ef1a4cd9eb5c19afc7b2731ea54f1756ad7a16f50867a089","source_id":"us-ky","stale":false,"prev":"us-ky/krs-260.530","next":"us-ky/krs-260.550"},"notice":"GroundRules: Original legal text. Not legal advice."}