Acts and Regulations

82-96 - Eggs

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 82-96
under the
Natural Products Grades Act
(O.C. 82-413)
Filed May 20, 1982
Under section 2 of the Natural Products Grades Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Eggs Regulation - Natural Products Grades Act.
INTERPRETATION
2In this Regulation
“Act” means the Natural Products Grades Act;(Loi)
“box” means a container made to contain fifteen dozen eggs, with a separate compartment for each egg;(boîte)
“breaker eggs” means eggs intended for the direct production of egg product and that is not an inedible egg;(oeufs de casserie)
“carton” means a container made to contain six, twelve, eighteen, twenty-four, or thirty eggs, with a separate compartment for each egg;(carton)
“case” means a container made to contain thirty dozen eggs, with a separate compartment for each egg;(caisse)
“consumer” means a person who buys eggs for use by himself or his household and not for resale;(consommateur)
“container” means any case, box, carton or other receptacle made to contain eggs;(contenant)
“domestic hen” means the hen of the domestic chicken belonging to the species Gallus Domesticus;(poule domestique)
“dyed mark” means a mark consisting of a deposit of food colour not exceeding twenty millimetres in diameter that is applied to the large end of an egg at a registered egg station or by a producer;(marque de couleur)
“egg” means egg of a domestic hen but does not include a hatching egg;(oeuf)
“egg station” means one or more rooms or buildings where eggs are graded, packed or marked, and in respect of which a certificate of registration has been issued by the Minister of Agriculture Canada under the Canada Agricultural Products Act (Canada);(poste d’oeufs)
“egg product station” means one or more rooms or buildings where egg product is processed, packed and graded and in respect of which a certificate of registration has been issued by the Minister of Agriculture Canada under the Canada Agricultural Products Act (Canada);(poste de produits d’oeufs)
“egg product” means frozen egg, liquid egg or dried egg or any mixture thereof;(produit d’oeufs)
“grade” means to grade eggs in accordance with the standards prescribed in section 3;(classer)
“graded eggs” means eggs graded in accordance with the standards prescribed in section 3;(oeufs classés)
“hatchery” means any place, buildings or premises equipped with an incubator and used for incubation purposes;(couvoir)
“inedible egg” means an egg that is not suitable for human consumption and includes an egg that(oeufs non comestibles)
(a) is contaminated with an odour foreign to that of a normal egg,
(b) is musty or mouldy,
(c) has been in an incubator, or
(d) has any internal defect other than a meat spot or blood spot not in excess of 3.18 millimetres in diameter;
“inspector” means an inspector appointed under the Act;(inspecteur)
“Minister” Repealed: 2000, c.26, s.217
“process” means any part of the work of preparing egg product;(transformation)
“producer” means a person who ships, transports or sells only eggs produced on his own farm;(producteur)
“producer-grader” means a person who has been issued a licence by the Minister to grade under section 3 eggs produced on his own farm;(producteur-classeur)
“Regional Director” means a Regional Director of the Food Production and Inspection Branch, Federal Department of Agriculture;(surveillant de district)
“Reject” means any egg that does not meet the standards prescribed in section 3 or that has been in an incubator;(rejeté)
“retailer” means a person who sells eggs to a consumer;(détaillant)
“sell” includes offer for sale and held in possession for sale;(vendre)
“ungraded eggs” means eggs that have not been graded in accordance with the standards prescribed under section 3;(oeufs non classés)
“weight” means the net weight of a box or case of eggs;(poids)
“wholesaler” means any person other than a producer who sells eggs(grossiste)
(a) to a retailer,
(b) to any person in quantities of fifteen dozen or more for use as food or in the preparation of food, or
(c) to an egg product station.
82-180; 89-88; 96-35; 2000, c.26, s.217
APPLICATION OF REGULATIONS
3(1)All eggs sold in the Province shall be graded in accordance with this section and upon being graded shall be packed in containers that are marked with one of the following terms to indicate the grade of the eggs contained:
(a) Canada A Extra Large Size;
(b) Canada A Large Size;
(c) Canada A Medium Size;
(d) Canada A Small Size;
(e) Canada A Pee Wee Size;
(f) Canada B;
(g) Canada C;
(h) Grade Cracks; or
(i) Jumbo.
3(2)The standard for the grade terms referred to in subsection (1) except for Grade Cracks and Jumbo are as set out in the regulations respecting the grade, packaging, marking and international and interprovincial trade in eggs made under the Canada Agricultural Products Act (Canada).
3(3)Eggs shall be graded as Grade Cracks where
(a) the shell is cracked but the interior contents are not leaking, and
(b) on candling, the egg meets the standards for at least Canada C.
3(3.1)Eggs shall be graded as Jumbo where
(a) the egg weighs not less than sixty-eight grams, and
(b) the egg meets the standards for at least Canada B.
3(4)Graded eggs packed in containers not marked in accordance with subsection (1) shall be sent or conveyed to an egg station for grading.
3(5)This section does not apply to a producer who sells, sends or conveys to a consumer, eggs produced on his own farm.
3(6)Containers of eggs marked with the name of a foreign country and the name of a grade of that foreign country are exempt from the provisions of subsection (1) provided that the eggs contained therein meet the standard for the grade prescribed by subsection (2) equivalent to the grade name on the container.
3(7)No person shall sell in the Province or send or convey to any place in the Province eggs that have previously been graded, dye marked or designated for an egg product station except to an egg product station for the purpose of processing into egg product.
89-88
4All eggs on the premises of a retailer or wholesaler shall be deemed to be for sale.
UNGRADED EGGS
5No person shall
(a) sell or process in the Province, or
(b) send or convey in or through the Province from any place to any other place,
ungraded eggs, except for
(c) a producer who may send or convey eggs produced on his own farm to an egg station for grading or to an egg product station for processing; or
(d) an egg station which may send or convey ungraded eggs received by it to an egg product station for processing.
6(1)Each producer’s ungraded eggs received by an egg station or egg product station shall be clearly identified.
6(2)Each producer’s eggs shall be graded entirely separate from those of any other producer, except that eggs from producers in quantities less than six dozen need not be individually identified as specified in subsection (1) and payment or settlement to producers for such eggs may be made on a basis of the combined grading of all such unidentified lots in the shipment.
PRODUCER-GRADERS
7(1)No producer shall sell, offer for sale, or hold in possession for sale in the Province containers of eggs marked with any of the terms specified in subsection 3(1) without a producer-grader licence issued by the Minister.
7(2)An application for a producer-grader licence shall be on the form provided by the Minister.
7(3)The licence for a producer-grader shall remain in force until cancelled, suspended or surrendered.
7(4)A producer-grader licence authorizes the holder thereof
(a) to grade eggs and mark containers of eggs with any of the terms prescribed by subsection 3(1), and
(b) to sell, offer for sale or hold in possession for sale containers of eggs marked with any terms prescribed by section 3.
7(5)The licence of a producer-grader shall be cancelled
(a) if the licensee does not grade, pack or market eggs for a period of twelve consecutive months, or
(b) fails to comply with the provisions of this Regulation.
8(1)A licensed producer-grader shall cause any room used for the grading and holding of eggs to be
(a) of sound construction, clean and in good repair;
(b) separated from any room that is likely to emit an odour that may affect the flavour of the eggs;
(c) adequate in size for the volume of eggs to be graded;
(d) constructed of materials that will permit thorough cleaning of floors, walls and ceilings;
(e) equipped, where eggs are washed, with an adequate supply of potable water;
(f) kept clean and free from mice, rats and other vermin;
(g) maintained at a temperature of not more than 13 °C in the holding room.
8(2)A licensed producer-grader shall cause any eggs that at the time of grading fail to meet the requirements of a grade prescribed under section 3 to be destroyed or packed in containers bearing the words “Rejects - Not For Human Consumption”.
87-4
RECORDS
9(1)The operator of an egg station or an egg product station shall maintain and be responsible for complete records including a grading statement showing
(a) the name and address and registration number of the egg station or egg product station,
(b) the name and address of producers,
(c) the date of receipt of eggs,
(d) the quantity of eggs received,
(e) the date of grading or processing,
(f) the date of payment,
(g) the amount of any advance payment,
(h) the quantity of eggs graded into each grade, or the quantity and weight processed,
(i) the price to be paid for each grade, or for the quantity and weight processed, and
(j) the total value of the eggs.
9(2)Every producer-grader shall make a report to the Regional Director each week on a form prescribed by the Minister of Agriculture Canada disclosing the number of eggs graded during that week, the grades of such eggs, and such other information as may be requested.
9(3)The operator of an egg station shall retain at his place of business for a period of ninety days after payment, one copy of each grading statement.
WHOLESALERS
10(1)No wholesaler shall carry on business without a licence issued by the Minister.
10(2)Application for a licence shall be made in the form provided by the Minister.
10(3)No licence shall be issued to a wholesaler under this section unless the wholesaler has a holding room in which to store eggs that is
(a) of sound construction, clean and in good repair;
(b) separated from any room that is likely to emit an odour that may affect the flavour of the eggs;
(c) adequate in size for the volume of eggs to be stored;
(d) constructed of materials that will permit thorough cleaning of floors, walls and ceilings;
(e) free of mice, rats and other vermin;
(f) maintained at a temperature of not more than 13 °C.
10(4)A licence issued to a wholesaler under this section shall remain in force until the thirty-first day of December next following the date of issue unless sooner cancelled, suspended or surrendered.
10(5)The Minister may cancel or suspend a licence issued to a wholesaler under this section if the wholesaler stores eggs in a place other than a holding room that meets the requirements set out in subsection (3).
87-4
ADVERTISING
11(1)In any advertisement pertaining to eggs wherein the price appears, the grade name shall also be stated.
11(2)Any container or sign displayed in connection with eggs in a retail store shall be deemed to be an advertisement.
LICENCES FOR REJECTS
12(1)No person shall sell or offer for sale Rejects without a licence from the Minister.
12(2)An application for a licence to sell Rejects shall be on the form provided by the Minister.
12(3)A licence to sell Rejects shall
(a) only be issued to a producer or the operator of an egg station, or a hatchery,
(b) not be transferable, and
(c) remain in force until the 31st day of December next following the day of issue, unless sooner cancelled, suspended or surrendered.
13(1)It is a condition of a licence to sell Rejects
(a) that the holder of the licence make a record with respect to the sale of all Rejects showing the name and address of each purchaser or each lot of Rejects sold, the quantity of eggs in each lot, and the date of sale, and
(b) that the holder of the licence shall retain the record made pursuant to paragraph (a) for at least ninety days after the date of sale.
13(2)The Minister may cancel or suspend a licence where there is evidence that,
(a) the licensee has failed to comply with the terms of the licence, and
(b) the licensee has failed to comply with the provisions of this Regulation.
14(1)Containers in which Rejects are sold shall be marked as follows:
(a) on the first line in letters 12.7 millimetres in height the words “Rejects - Not For Human Consumption”, and
(b) on the second line in letters 6.35 millimetres in height the name and address of the egg station, producer or the name and address of the hatchery as the case may be.
14(2)The required markings for a container shall be printed, stamped or stencilled on the containers, or printed in black lettering on a brown tag at least 7.62 centimetres by 15.24 centimetres in size, and affixed securely to the container.
82-180
15(1)No person shall purchase or otherwise obtain Rejects
(a) for resale,
(b) for processing, or
(c) for any other use
if the quantity purchased or obtained exceeds fifteen dozen a month, without a licence issued by the Minister for such use.
15(2)An application for a licence to purchase Rejects shall be on the form provided by the Minister.
15(3)A licence to purchase Rejects shall
(a) not be transferable, and
(b) remain in force until the 31st day of December next following the date of issue, unless sooner cancelled, suspended or surrendered.
16(1)The condition under which a licence to purchase Rejects shall be issued is that the holder of the licence furnish on or before the fifteenth day of each month a statement to the inspector showing
(a) the quantities of all Rejects purchased or otherwise obtained during the previous calendar month,
(b) the name and address of the person from whom the Rejects were purchased or otherwise obtained, and the date of purchasing or otherwise obtaining the Rejects, and
(c) the purpose for which the Rejects were purchased or otherwise obtained.
16(2)The Minister may suspend or cancel the licence of a person where that person fails to comply with subsection (1).
82-180
DETENTION
17(1)An inspector may place under detention any eggs that do not comply with the Act or this Regulation by attaching to at least one container of the containers detained a numbered tag hereinafter referred to as a “detention tag” upon which shall be clearly written the following:
(a) the words “Under Detention - Department of Agriculture, Aquaculture and Fisheries, Province of New Brunswick”,
(b) a detention number given by the inspector,
(c) a brief description of the lot being detained,
(d) the reason for detention,
(e) the date of detention, and
(f) the inspector’s signature,
and upon the other containers the inspector shall place a mark stating that the eggs contained in the containers are under detention.
17(2)Where the eggs are not in a container, an inspector may require the owner to place such eggs in a container and the container shall be marked in accordance with subsection (1).
89-88; 96-35; 2000, c.26, s.217; 2007, c.10, s.61; 2010, c.31, s.90
18Immediately after attaching the detention tag, the inspector shall deliver or mail to the owner of the eggs, or persons having possession of the eggs, a notice of detention.
19An inspector may make such orders and give such directions as to him appear necessary for the proper preservation and safeguarding of any eggs in respect of which a detention tag has been placed on a container or containers marked pursuant to section 17, and every person to whom any such order is made or direction given shall comply therewith according to the terms of the order.
20Except as may be authorized by an inspector, no person shall alter or remove a detention tag placed on a container or alter any marks made on a container by an inspector pursuant to section 17.
21Except with the written permission of an inspector, no person shall remove, sell or otherwise dispose of any eggs contained in a container on which a detention tag has been attached or in a container marked by an inspector pursuant to Section 17.
22(1)Where an inspector is satisfied that the eggs held under detention comply with this Regulation, he shall complete a “Notice of Release”.
22(2)The inspector shall deliver or mail one copy of the notice of release to the owner of the eggs and one copy to the person on whose premises the eggs were found.
N.B. This Regulation is consolidated to December 17, 2010.