§ 16-42-11-10 — Application of section; registration statement; fees; wholesaler report permit

Indiana § 16-42-11-10

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 11: Food: Eggs Offered for Sale and State Egg Board

Text

(a) Except as provided in section 10.2(d)
of this chapter, this section applies to:
(1) registrations and permits issued by; and
(2) fees due and payable to;
the state egg board before July 1, 2010.
(b) Every wholesaler or retailer selling eggs shall, before July 1 of
each year, file with the state egg board a statement setting forth the fact
that the wholesaler or retailer desires to sell eggs. The statement shall
designate the name of the wholesaler or retailer desiring to register the
location of the wholesaler's or retailer's principal office and any
location where eggs are stored or distributed if that location is different
from the principal office. The state egg board shall furnish blank forms
for registration. The state egg board shall register the facts set forth in
the statement in a permanent record. The state egg board shall furnish
to each registered wholesaler a registration number upon payment of
the registration fee and deposit.
(c) The state egg board shall require and collect from each
wholesaler at the time of registration a fee based upon the average
number of cases of eggs sold to retailers, hotels, restaurants, hospitals,
nursing homes, schools, or to state or federal institutions each week
during the preceding calendar year, as follows:
(d) The state egg board shall require and collect from each
wholesaler at the time of registration a deposit equal to the product
obtained by using a multiplier of six cents ($0.06) and a multiplicand
that is the number of cases of eggs sold in that quarter of the
immediately preceding five (5) calendar quarters in which the highest
number of cases of eggs were sold by the wholesaler to retailers, hotels,
restaurants, hospitals, nursing homes, schools, or to state or federal
institutions. However, if the wholesaler does not have a five (5) quarter
history, the state egg board shall fix the deposit at a reasonable amount.
(e) The state egg board shall require and collect from each retail
store or unit of retailing a fee based upon the average number of cases
of eggs sold each week during the preceding calendar year, as follows:
(f) All registered wholesalers must make application to the state egg
board for a permit to report the case volume of eggs sold in Indiana and
submit a fee of six cents ($0.06) for each thirty (30) dozen eggs or a
fraction of that number of the volume reported. In applying for a
permit, the applicant must agree to do the following:
(1) Keep records the state egg board considers necessary to
indicate accurately the case volume of eggs sold in Indiana.
(2) Grant the state egg board permission to examine those records
and verify the statement of the number and grade of eggs
reported.
(3) Report under oath to the state egg board, on forms furnished
by the state egg board, the number of eggs reported during the
period covered.
[Pre-1993 Recodification Citation: 16-6-1-8.]

Legislative History

As added by P.L.2-1993, SEC.25. Amended by P.L.183-1993, SEC.1; P.L.28-2009, SEC.10.