§ 2-10-81 — Licenses - Application - Fees - Term - Renewal -

Inspection fee - Records - Annual audit - Report of fees due and payable. A. No person shall be issued a license to handle eggs commercially unless an application has been properly filed on a form provided by the State Board of Agriculture, and the annual license fee has been paid. The license shall not be transferable. 1. A state egg dealer's license shall be Thirty-five Dollars ($35.00). 2. An egg packer or processor license shall be Thirty-five Dollars ($35.00). 3. Each license shall expire annually on the last day of the anniversary month in which the license was issued. The Board shall adjust the anniversary date to provide for efficient administration. 4. Each location shall require a separate license. 5. Packers residing within the state who package eggs intended solely for distribution sale or resale outside the state shall obtain a license except the packer shall be exempt from all fee and reporting requirements. A packer shall be subject to all inspections, record keeping, and audits. 6. If a license expires and is not renewed within thirty (30) days of its expiration, the applicant for renewal shall pay a penalty. The penalty shall be an amount equal and in addition to the license fee. B. Each packer or processor shall pay an inspection fee of three (3) mills per dozen on all eggs that are processed, graded, packed, or repacked which are intended for sale to consumers in this state. 1. There shall be a nine-cent ($0.09) per case inspection fee on all egg products sold or shipped into the state. 2. All egg products processors shall pay the inspection fees on all processed eggs sold or used for human consumption in the state based on the following formula: a. thirty-six (36) pounds of frozen or liquid eggs equals a thirty-dozen case of shell eggs, b. nine (9) pounds of dried eggs equals a thirty-dozen case of shell eggs, c. two (2) containers of boiled eggs weighing twenty (20) to twenty-five (25) pounds each equals a thirty-dozen case of shell eggs, and d. fifty (50) pounds of cooked or diced eggs equals a thirty-dozen case of shell eggs. C. 1. Packers, processors and dealers shall keep records of eggs graded, packed, distributed, or sold as required by the State Board of Agriculture. 2. Records shall be maintained for three (3) years. The Board shall have access to all required records of any applicant for a license. 3. The Board shall audit the records of packers who report and pay monthly fees at least once every three (3) years. The packer shall reimburse to the Board for travel expenses incurred in conducting the required annual audit. The costs of audits other than the required annual audit shall be paid by the Board. D. 1. Packers paying inspection fees on a monthly basis shall prepare a report of all fees due as of the last day of each month. The report and fee payment shall be due no later than the fifteenth day of the following month. 2. Reports shall contain the quantity of eggs packed and intended for sale or resale in the state, the names of the dealers for whom the eggs were packed or to whom the eggs were sold or delivered, and all other information required by the Board. 3. Reports provided to the Board pursuant to this section shall not be public information and may be used only for administration of this article. Reports may be used for statistical information if specific packers are not identified by name or implication. 4. If a report is not filed and the fees are not paid within thirty (30) days of the due date, the packer shall pay a penalty of two percent (2%) of the fees due for each additional day the fees are late. If the report is not filed and the fees are not paid within sixty (60) days of the due date, the amount of the penalty shall be an amount equal and in addition to the amount of the fees due.

Legislative History

Added by Laws 1957, p. 7, § 8. Amended by Laws 1985, c. 74, § 4, emerg. eff. May 20, 1985; Laws 1988, c. 133, § 1, emerg. eff. April 15, 1988; Laws 1993, c. 278, § 17, operative Sept. 1, 1993; Laws 1998, c. 272, § 7, eff. Nov. 1, 1998; Laws 2000, c. 243, § 51, emerg. eff. May 24, 2000. Renumbered from § 5-28 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000. Amended by Laws 2002, c. 173, § 12, emerg. eff. May 6, 2002.