§ 20-58-202 — Definitions

Arkansas § 20-58-202

• Jurisdiction: Arkansas
• Title: 20

Text

As used in this subchapter, unless the context otherwise requires: (1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs; (2) "Candle" means to determine the interior quality based on the use of a candling light as defined in the United States standards; (3) "Case" means a container of thirty dozen (30 doz.) shell eggs; (4) "Consumer" means any person using eggs for food and shall include restaurants, hotels, cafeterias, hospitals, state institutions, and any other establishments serving food to be consumed or produced on the premises, but shall not include the United States Armed Forces or any other federal agency or institution; (5) "Container" includes any carton, basket, case, cart, pallet, or other receptacle: (A) "Immediate container" means any package or other container in which shell eggs are packed for household or other ultimate consumers; and (B) "Shipping container" means any container used in packing shell eggs packaged in an immediate container; (6) "Dealer-wholesaler" means a person engaged in the business of buying eggs from producers or other persons on his or her own account and selling or transferring eggs to other dealer-wholesalers, processors, retailers, or other persons and consumers. A dealer-wholesaler further means a person engaged in producing eggs from his or her own flock and disposing of any portion of this production on a graded basis; (7) "Denatured" means rendering unfit for human food by treatment or the addition of a foreign substance as approved by the Administrator of the Agricultural Marketing Service of the United States Department of Agriculture; (8) "Eggs" means the products of the domesticated chicken hen and any other eggs offered for sale for human consumption; (9) "Inedible and unfit for human food" means eggs described as black rots, white rots, mixed rots or addled eggs, sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks at or beyond the blood ring stage, and any eggs that are adulterated as that term is defined in the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.; (10) "Packer" means any person who grades, sizes, candles, and packs eggs for purposes of resale; (11) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not; (12) "Possession" means that the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that the commodity is for sale; (13) "Processor" means a person who operates a plant for the purpose of breaking eggs for freezing, drying, or commercial food manufacturing; (14) "Retailer" means any person who sells eggs to a consumer; (15) "Sell" means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade; and (16) "The Egg Products Inspection Act" means Pub. L. No. 91-597, Egg Products Inspection Act, dated December 29, 1970.

Legislative History

Amended by Act 2023, No. 598,§ 1, eff. 8/1/2023. Acts 1969, No. 220, § 2; 1985, No. 301, § 1; A.S.A. 1947, § 82-1302; Acts 1993, No. 115, § 1.