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Livestock and Livestock Products Act
Loi sur le bétail et les produits du bétail

R.R.O. 1990, REGULATION 724

Amended to O. Reg. 225/05

EGGS

Historical version for the period May 19, 2005 to May 31, 2005.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“box” means a container made to contain fifteen dozen eggs in individual compartments designed to prevent the eggs being damaged in handling;

“candling” means examination of the internal condition of an egg by rotating it in front of or over a source of light that illuminates the contents;

“carton” means a container made to contain six, twelve, eighteen, twenty-four or thirty eggs with separate compartments for each egg, and includes a divisible carton;

“case” means a container made to contain thirty dozen eggs in compartments designed to prevent the eggs from being damaged in handling;

“cold stored eggs” means eggs held in a cold storage room at temperatures between 2 degrees Celsius and -2 degrees Celsius;

“consumer” means a person who buys eggs for use by the person and his or her household and not for resale;

“container” means any case, box, carton or other receptacle in which eggs are packed;

“delivery” means transfer from one premises to another for any purpose;

“dirt” means any foreign matter adhering to the shell of an egg;

“domestic hen” means the hen of the domestic chicken of the species Gallus domesticus;

“egg” means an egg of a domestic hen in the shell;

“egg-grading station” means premises for the grading, packing and marking of eggs under this Regulation;

“liquid egg” means whole egg, egg yolk or egg white in liquid form, exclusive of the shell;

“operator” means a person who operates an egg-grading station and includes the owner;

“producer” means a person who sells, ships or transports no eggs other than eggs produced on the person’s own farm;

“registered processed egg station” means a processed egg station registered under section 6 of the Processed Egg Regulations made under the Canada Agricultural Products Act;

“retailer” means a person who offers or has in possession for sale, or sells eggs to a consumer;

“wholesaler” means any person who sells eggs,

(a) to a retailer,

(b) to any person in quantities of fifteen dozen or more for use as food or in a food product, or

(c) to a processor. R.R.O. 1990, Reg. 724, s. 1; O.Reg. 538/93, s.1.

Application

2. Eggs are designated as livestock products. R.R.O. 1990, Reg. 724, s. 2.

3. This Regulation does not apply to eggs used for the purpose of incubation. R.R.O. 1990, Reg. 724, s. 3.

4. Dealers in eggs, except operators of egg-grading stations and buyers or sellers of rejects, are exempt from section 2 of the Act. R.R.O. 1990, Reg. 724, s. 4.

Eggs for Human Consumption

5. (1) No person shall sell or offer for sale within Ontario eggs for human consumption except eggs graded, packed and marked in accordance with this Regulation. R.R.O. 1990, Reg. 724, s. 5 (1).

(2) Despite subsection (1), a producer may sell, offer for sale or hold in possession for sale eggs that are not graded, packed and marked as required in this section, if the eggs are produced on the producer’s own farm, are clean and not leaking and are sold or offered for sale to consumers for their own consumption only on the farm premises. R.R.O. 1990, Reg. 724, s. 5 (2); O.Reg. 538/93, s. 2 (1).

(3) Where eggs have been packed in a box, case or carton and marked with a grade, the eggs shall be deemed to be graded.

(4) Where eggs are stored on the premises of a retailer, whether or not in view of the public, the eggs shall be deemed to be for sale.

(5) No person other than a producer shall sell, offer for sale, ship or transport ungraded eggs from any place to any other place except to,

(a) an egg-grading station; or

(b) a first receiver of eggs for the purpose of identifying the eggs of each producer and shipping or transporting them to an egg-grading station.

(6) No person shall ship or transport eggs within Ontario unless the person provides a bill of lading which shall accompany the shipment and which shall show,

(a) the name and address of the consignor;

(b) the date of shipment;

(c) the name and address of the consignee; and

(d) the quantity and, where applicable, the grade of eggs. R.R.O. 1990, Reg. 724, s. 5 (3-6).

(7) No person shall sell or offer for sale any egg graded Canada C except to an operator of a registered processed egg station or to another person for sale to the operator of a registered processed egg station. O.Reg. 538/93, s. 2 (2).

Grades, Names and Standards

6. The following grade names for eggs and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole:

1. Canada A1.

2. Canada A.

3. Canada B.

4. Canada C.

5. Canada Nest Run. R.R.O. 1990, Reg. 724, s. 6; O.Reg. 538/93, s. 3.

Rejects

7. Eggs that do not comply with the standards prescribed in this Regulation for Canada A1, Canada A, Canada B, Canada C or Canada Nest Run shall be rejected and the eggs so rejected shall be known as rejects. O.Reg. 538/93, s. 4.

8. (1) No person shall purchase or sell, or offer for sale, or ship or transport rejects for use as food, or in the preparation of food, for human consumption. R.R.O. 1990, Reg. 724, s. 8.

(2) Despite subsection (1), eggs removed from a hen that was slaughtered in accordance with the Meat Inspection Act (Canada) or the Meat Inspection Act (Ontario) may be shipped to and shall be processed in a registered processed egg station. O.Reg. 538/93, s. 5.

Note: On June 1, 2005, subsection (2) is amended by striking out “the Meat Inspection Act (Ontario)” and substituting “Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001”. See: O. Reg. 225/05, ss. 1, 2.

Licences

licence to operate an egg-grading station

9. (1) An application for a licence for the operation of an egg-grading station shall be in the form provided by the Commissioner. R.R.O. 1990, Reg. 724, s. 9 (1); O.Reg. 538/93, s. 6 (1).

(2) Revoked: O.Reg. 538/93, s. 6 (2).

(3) The fee for a licence for the operation of an egg-grading station is $1 and shall be forwarded to the Commissioner with the application for the licence. O.Reg. 538/93, s. 6 (3).

(4) A licence to operate an egg-grading station is not transferable and shall remain in force unless the licence is suspended or revoked by the Commissioner or the licensee ceases to operate the egg-grading station. R.R.O. 1990, Reg. 724, s. 9 (4); O.Reg. 538/93, s. 6 (4).

licences for rejects

10. (1) An application for a licence to sell rejects shall be in the form provided by the Commissioner. R.R.O. 1990, Reg. 724, s. 10 (1); O.Reg. 538/93, s. 7 (1).

(2) Revoked: O.Reg. 538/93, s. 7 (2).

(3) A licence to sell rejects shall,

(a) be issued without charge;

(b) not be transferable; and

(c) remain in force unless suspended or cancelled by the Commissioner.

(4) The conditions under which a licence to sell rejects shall be issued are,

(a) that the holder of the licence make a record with respect to the sale of all rejects showing,

(i) the name and address of each purchaser of each lot of rejects sold,

(ii) the quantity of eggs in each lot, and

(iii) the date of selling,

and retain the record for not less than ninety days from the making thereof; and

(b) that the holder of the licence mark all containers in which the holder ships or transports rejects on both ends with the word “REJECTS” in letters at least ¾ of an inch high. R.R.O. 1990, Reg. 724, s. 10 (3, 4).

11. (1) An application for a licence to purchase rejects shall be in the form provided by the Commissioner. R.R.O. 1990, Reg. 724, s.11(1); O.Reg. 538/93, s. 8 (1).

(2) Revoked: O.Reg. 538/93, s. 8 (2).

(3) A licence to purchase rejects shall,

(a) be issued without charge;

(b) not be transferable; and

(c) remain in force unless suspended or cancelled by the Commissioner. R.R.O. 1990, Reg. 724, s. 11 (3); O.Reg. 538/93, s.8(3).

(4) The condition under which a licence to purchase rejects shall be issued is that the holder of the licence make a record with respect to all rejects obtained by the holder showing,

(a) the quantities of all rejects purchased or otherwise obtained during each calendar month;

(b) the name and address of the person from whom the rejects were purchased or otherwise obtained and the date thereof; and

(c) the purpose for which the rejects were purchased or otherwise obtained,

and retain the record for not less than ninety days after the making thereof. R.R.O. 1990, Reg. 724, s. 11 (4).

12. No person other than a producer shall operate premises where eggs for human consumption within Ontario are graded, packed and marked, except premises constructed, maintained and operated in compliance with the following conditions:

1. The buildings that comprise the station are of sound construction, clean, sanitary and in good repair.

2. Separate rooms of sufficient size are provided for,

i. the grading, packing and marking of eggs,

ii. the holding of eggs after grading, and

iii. if applicable, the preparation of egg product for further processing.

3. The floors, walls, ceilings, partitions, posts, doors and other parts of the rooms of the station are of a material, construction and finish that permit easy and thorough cleaning of the station.

4. The station has dressing rooms and lavatories that are,

i. adequately equipped,

ii. well lit and ventilated, and

iii. separate and apart from any room used for grading, packing or handling of shell eggs.

5. The station is adequately protected against the entrance of flies, ants, rodents and other vermin.

6. The size and arrangement of the rooms and equipment is adequate to accommodate the volume of product handled in the station.

7. There is no passageway from any room in the station to any room or premises used for the manufacturing, storing or holding of any commodity that may emit odours which may affect the flavour or taste of eggs.

8. The area in which eggs are to be graded is darkened sufficiently to permit efficient candling.

9. Mechanical refrigeration equipment that is,

i. suitable for cooling and holding eggs and of sufficient capacity for those purposes, and

ii. available to the operator of the egg-grading station for those purposes,

is located in the station.

10. The grading room is equipped with an accurate thermometer.

11. The holding room is equipped with an accurate thermometer and an accurate hygrometer.

12. The grading room is equipped with satisfactory equipment for candling and accurately weighing shell eggs. R.R.O. 1990, Reg. 724, s. 12.

13. Egg-grading stations shall be operated in accordance with the following rules:

1. All equipment and all parts of the station are kept in good repair and maintained in a clean and sanitary condition.

2. All reasonable precautions are taken to keep the station free of flies, ants, rodents and other vermin.

3. No commodity or product that may emit odours which may affect the flavour or taste of eggs is stored or held on the premises of a station.

4. The grading room is equipped with satisfactory appliances for candling and weighing eggs and the station is equipped with check weights for testing weighing machines or scales.

5. No alteration, other than repair, is made to the station or to any principal piece of equipment therein unless the material and information that would be required, if the operator were applying for a licence for the station, has been submitted to and approved by the Commissioner.

6. One person employed in the station is designated by the operator as the person primarily responsible for ensuring that the sanitary requirements imposed by this Regulation are strictly maintained.

7. No number purporting to be a licence number assigned to the station under this Regulation is used except the number assigned to the station under section 9.

8. The temperature of the room in which eggs are held during the grading is maintained at a temperature not exceeding 19°C, and the temperature of the room in which eggs are held before and after grading is maintained at a temperature not exceeding 13°C.

9. The outer clothing of all persons employed in the processing, packing or other handling of eggs is clean and sanitary.

10. Every person employed in the station in the handling, grading or packing of eggs washes his or her hands, and rinses them thoroughly in a non-irritating disinfectant solution, each day before commencing his or her duties, each time during the day that he or she returns to duty after having left it temporarily and immediately after handling any inedible egg or inedible egg product.

11. The relative humidity in the room where eggs are held after grading is maintained at not less than 70 per cent and not more than 85 per cent. R.R.O. 1990, Reg. 724, s. 13.

14. The grading of eggs shall be done by or under the supervision of graders who, in the opinion of an inspector, are capable of grading eggs in accordance with this Regulation. R.R.O. 1990, Reg. 724, s. 14.

15. (1) Where premises have been inspected and found to comply with sections 12 and 13, the person operating the premises may apply to the Commissioner for a licence to operate the premises as an egg-grading station.

(2) No person other than the licensee shall use the number of the licence on any box, case or carton.

(3) The operator of an egg-grading station shall place the operator’s licence number on every box and case of eggs graded and packed at the egg-grading station.

(4) Where the operator of an egg-grading station packs eggs in cartons and the cartons have not marked thereon the name or the brand name of a retailer and the retailer’s address, the operator shall place the operator’s licence number on each carton.

(5) No person other than the operator of an egg-grading station shall buy or receive ungraded eggs from a first receiver of eggs. R.R.O. 1990, Reg. 724, s. 15.

16. All eggs graded in accordance with this Regulation by a producer shall be graded, packed and marked only in premises that are clean and sanitary and equipped with adequate cooling facilities. R.R.O. 1990, Reg. 724, s. 16.

17. All eggs received by an egg-grading station shall be graded, packed and marked in accordance with this Regulation unless such eggs are to be shipped or conveyed to another egg-grading station or egg product station. R.R.O. 1990, Reg. 724, s. 17.

Packing

18. All cartons, cases and boxes in which eggs are packed, or containers in which cartons are packed shall be clean and sound in construction. R.R.O. 1990, Reg. 724, s. 18.

19. Cartons used for the packing of eggs shall be new. R.R.O. 1990, Reg. 724, s. 19.

20. Containers used for the packing of shell eggs shall be,

(a) of a size that provides a firm and compact package for the quantity of eggs packed;

(b) sufficiently strong and durable to protect the eggs from the hazards that they may reasonably be expected to encounter during handling and distribution;

(c) manufactured from a material that will not adversely affect the eggs packed therein; and

(d) closed in a manner commonly recognized in respect of the type of container. R.R.O. 1990, Reg. 724, s. 20.

21. For the purposes of section 17,

“clean” means free from dust, dirt, residue of egg or shell and of all markings, tags or portions thereof and staples applied in connection with a previous shipment. R.R.O. 1990, Reg. 724, s. 21.

Markings

cartons

22. (1) Every carton containing eggs graded and packed at an egg-grading station or by a producer shall be marked in the manner prescribed herein to denote,

(a) the grade name for the grade and the size designation assigned to the eggs in accordance with this Regulation;

(b) the word “eggs”;

(c) the number of eggs; and

(d) the name and address of,

(i) the producer who graded and packed the eggs,

(ii) the egg-grading station at which the eggs were graded or packed and the licence number thereof,

(iii) the head office of the operator of the egg-grading station at which the eggs were graded or packed, or

(iv) if the eggs were graded and packed for a wholesaler or retailer, the wholesaler or retailer.

(2) Every carton of eggs packed by a retailer and bearing a grade name established by this Regulation shall be marked in the manner prescribed herein to denote the name of the grade of eggs, the size designation and the name and address of the retailer.

(3) Cartons of eggs for export are exempt from the requirements of subsection (2). R.R.O. 1990, Reg. 724, s. 22.

23. (1) The markings on cartons of eggs shall be clear, legible and applied as follows:

1. On a carton, other than the divisible type, the grade name, the size designation and the word “eggs” shall be placed on the top of the carton.

2. On a divisible carton,

(a) the word “eggs” shall be placed on the top of the carton; and

(b) the grade name and size designation shall be placed on the top of the carton on one section of the carton and either on the side or the top of the carton on the other sections of the carton.

3. The other required markings may appear on the top or the side of the carton.

(2) The grade names and size designations established herein shall be used on cartons in the manner prescribed in Schedule 1. R.R.O. 1990, Reg. 724, s. 23 (1, 2).

(3) Despite subsection (2), the maple leaf shall not be used to outline the grade mark for Grades Canada C, Canada Nest Run and reject eggs. R.R.O. 1990, Reg. 724, s. 23 (3); O.Reg. 538/93, s. 9.

cases, boxes and containers

24. (1) Each outer container of graded eggs that are graded or packed at an egg-grading station shall be marked in the manner prescribed herein to identify the name of the grade, the size designation of the eggs and the licence number of the egg-grading station.

(2) Each outer container of graded eggs that are graded or packed by a producer shall be marked in the manner prescribed in this Regulation to identify the name of the grade, the size designation of the eggs and the name and address of the producer. R.R.O. 1990, Reg. 724, s. 24.

25. (1) The name of the grade and the size designation of the eggs packed in an outer container shall be shown only in the form prescribed in Schedule 1.

(2) The licence number of the egg-grading station or the name and address of the producer that graded and packed the eggs shall be shown below the grade name and size designation. R.R.O. 1990, Reg. 724, s.25.

26. The markings required by section 25 shall be,

(a) printed, stamped or stencilled in a central location on at least one end or one side of the container; or

(b) printed on a tag securely affixed to one end or one side of the container. R.R.O. 1990, Reg. 724, s. 26.

27. Revoked: O.Reg. 538/93, s. 10.

28. Despite section 24, where cartons of eggs are packed in a container and the markings on the cartons are readily visible and legible, the container is not required to be marked. R.R.O. 1990, Reg. 724, s.28.

29. Any information required by this Regulation to be marked on a container shall be marked thereon in a colour that stands out against the colour of the background on which the information appears. R.R.O. 1990, Reg. 724, s. 29.

Advertising

30. (1) No person shall advertise eggs for sale unless the advertisement contains a statement in a prominent position therein setting out the grade of the eggs advertised.

(2) No person shall, in any advertisement offering eggs for sale, in respect of the quality or size of the eggs,

(a) make any untrue, deceptive or misleading statement or implication; or

(b) use words or phrases that are misleading to a purchaser. R.R.O.1990, Reg. 724, s. 30 (1, 2).

(3) No person shall, in any advertisement offering eggs for sale, state or use words or phrases implying,

(a) that the eggs of a grade advertised are superior in condition or quality to eggs of the grade under this Regulation;

(b) that Canada B eggs or eggs that have been in cold storage are fresh; or

(c) that eggs are new laid. R.R.O. 1990, Reg. 724, s. 30 (3); O.Reg. 538/93, s.11.

Ungraded Eggs

31. No person shall ship or transport ungraded eggs in containers unless each container has marked on at least one end thereof the words “UNGRADED EGGS — FOR SHIPMENT ONLY” in block letters not less than ¾ of an inch high. R.R.O. 1990, Reg. 724, s. 31.

32. (1) Eggs that have been in storage may be shipped or transported to an egg-grading station without grading or inspection.

(2) No person shall ship or transport eggs that have been in storage unless each container bears the words “ungraded out of storage” in letters not less than ¼ of an inch high, stamped or stencilled,

(a) over the grade mark, if any; or

(b) if no grade mark shows, on the ends of the container. R.R.O. 1990, Reg. 724, s. 32.

Records

33. (1) The operator shall maintain and is responsible for complete records showing,

(a) the number of eggs in each producer’s lot delivered to the operator’s egg-grading station; and

(b) the grades of all eggs in each producer’s lot.

(2) The operator shall retain one copy of each bench report at the egg-grading station for a period of ninety days from the making thereof. R.R.O. 1990, Reg. 724, s. 33.

Eggs of Producers Identified

34. Every first receiver of eggs who ships or delivers ungraded eggs to an egg-grading station shall clearly identify the eggs from each producer in the shipment by,

(a) packing them in separate containers;

(b) placing each producer’s eggs in a separate end of a case or in separate fillers; or

(c) packing and identifying them in some other satisfactory manner. R.R.O. 1990, Reg. 724, s. 34.

Grading Statements

35. (1) The operator of an egg-grading station shall furnish to the person who shipped the ungraded eggs to the egg-grading station not later than seven days after the date of receipt of the eggs,

(a) where the shipper is the producer, one copy of the grading statement; and

(b) where the shipper is a first receiver of eggs, two copies of the grading statement.

(2) Where the ungraded eggs in a shipment under clause (1) (b) were produced by more than one producer and the eggs of each producer were identified, the operator shall furnish to the first receiver of eggs two copies of the grading statement in respect of each producer.

(3) Every first receiver of eggs shall retain for a period of ninety days one copy of each grading statement received from an egg-grading station.

(4) A shipper who was a first receiver of eggs shall send one copy of the grading statement in respect of each producer’s lot to the producer.

(5) Every operator shall retain at the operator’s egg-grading station one copy of each grading statement for a period of ninety days. R.R.O. 1990, Reg. 724, s. 35 (1-5).

(6) The grading statement shall be in the form provided by the Commissioner. R.R.O. 1990, Reg. 724, s. 35 (6); O.Reg. 538/93, s. 12.

36. The first receiver of eggs shall, not later than fourteen days after the date of receipt of the eggs, furnish to the producer,

(a) the grading statement for the eggs; and

(b) a statement showing,

(i) the name and address of the first receiver of eggs,

(ii) the date of the statement,

(iii) the name and address of the producer,

(iv) the number of dozens of eggs received,

(v) the date of receipt of the eggs,

(vi) the amount, and the rate for each dozen, paid in any advance payment,

(vii) the manner of making advance payment, whether in cash, in merchandise or on account,

(viii) the number of eggs graded into each grade, and

(ix) the price to be paid for each grade. R.R.O. 1990, Reg. 724, s. 36.

Payment for Eggs

37. (1) Ungraded eggs bought or received on consignment by the operator of an egg-grading station shall be deemed to have been bought on the basis of the grades shown on the grading statement.

(2) No operator shall pay for ungraded eggs bought or received on consignment by the operator on any basis other than on the basis of the grades shown on the grading statement.

(3) Where there is no price differential between the prices paid for eggs of more than one grade, the eggs shall be deemed to have been bought on a basis other than a grade basis. R.R.O. 1990, Reg. 724, s.37.

38. No person other than the operator of an egg-grading station shall buy or receive ungraded eggs from a first receiver of eggs. R.R.O. 1990, Reg. 724, s. 38.

39. (1) Where the first receiver of eggs or the operator of an egg-grading station makes a payment on account to the producer at the time the first receiver of eggs or the operator receives the eggs, the amount of the payment shall not exceed 80 per cent of the total value of the eggs computed at the price for Canada B eggs.

(2) The first receiver of eggs or the operator, as the case may be, shall, not later than fourteen days after the date of receipt of the eggs,

(a) where a payment on account has not been made, make payment for the eggs; and

(b) where a payment on account has been made, make final settlement for the eggs.

(3) The payment or the final settlement, as the case may be, shall accompany the grading statement and the statement to the producer under section 36. R.R.O. 1990, Reg. 724, s. 39.

Detention

40. An inspector who detains any eggs that do not comply with the Act and this Regulation shall attach to one box, case or carton in each lot of eggs under detention a numbered detention tag and no person shall sell, offer for sale, move or allow or cause to be moved the eggs or boxes, cases or cartons of eggs in the lot or remove the detention tag without the written authority of an inspector or of the Commissioner. R.R.O. 1990, Reg. 724, s. 40; O.Reg. 538/93, s. 13.

41. Immediately after placing any eggs under detention, the inspector shall deliver or mail,

(a) to the owner or the owner’s agent, a notice of detention; and

(b) when the eggs are in premises other than those of the owner, to the person in possession of the eggs a copy of the notice of detention. R.R.O. 1990, Reg. 724, s. 41; O.Reg. 538/93, s.14.

42. An inspector who is satisfied that any eggs under detention comply with the Act and this Regulation may release the eggs from detention by,

(a) removing the detention tag; and

(b) issuing a notice of release from detention and delivering or mailing it to the owner or the owner’s agent with a copy thereof to the person in possession of the premises if other than the owner. R.R.O. 1990, Reg. 724, s. 42; O.Reg. 538/93, s. 15.

SCHEDULE 1
MARKINGS ON CARTONS AND CONTAINERS OF EGGS

1. Where a grade name prescribed by this Regulation is applied to a carton of eggs, the grade name shall be shown enclosed within a design of a maple leaf as illustrated in the following example:

2. The size declaration shall appear in close proximity to the maple leaf.

3. The design, proportions and position of the maple leaf, the letter indicating the grade and the word “Canada” in relation to each other, shall be as shown in section 1 of this Schedule but, subject to sections 5 and 6 of this Schedule, the size of the maple leaf and grade name may be varied from the size as shown.

4. Where the maple leaf is in colour, the word “Canada” and the “grade letter” shall be of such contrasting colour so as to stand out against the colour of the maple leaf.

5. Except as otherwise approved by the Commissioner, the height of the letters in the word “Canada” shall be not less than 1/8 of an inch and the height of the letters denoting the grade and the size designation shall be not less than ¼ of an inch in height.

6. All other required markings except the word “eggs” shall be in letters at least 1/8 of an inch in height, except that they shall be not larger than the letters denoting the grade name.

7. The grade name and size designation shall appear on a container other than a carton in the same manner as prescribed for a carton, except that,

(a) in the case of the word “Canada”, the height of the letters shall be not less than ¼ of an inch; and

(b) in the case of the grade name and the size designation, the height of the letters shall be not less than a ½ inch.

8. All other required markings shall be in letters at least ¼ of an inch in height, except that they shall be not larger than the letters denoting the grade name.

R.R.O. 1990, Reg. 724, Sched. 1.

FORMS 1-10 Revoked: O. Reg. 538/93, s. 16.