3-701. Definitions

In this article, unless the context otherwise requires:

1. " Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person.

2. " Associate director" means the associate director of the division.

3. " Candling" means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ.

4. " Carton" means an egg carton as used in commercial practice in the United States.

5. " Case" means a standard thirty-dozen egg case as used in commercial practice in the United States.

6. " Consumer" means a person who buys eggs for use as food and not for resale in any form.

7. " Container" means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case.

8. " Dealer" means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state.

9. " Deceptive" means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects.

10. " Division" means the animal services division of the Arizona department of agriculture.

11. " Egg products" :

(a) Means eggs that are removed from the shell in a liquid, frozen, dried or freeze-dried state.

(b) May consist of whole eggs, yolks, whites or any blend of yolk and white, with or without additives, if eggs are the main ingredient.

12. " Eggs" means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl.

13. " Expiration date" means:

(a) For eggs that are marked grade AA, the words " sell by" or " buy thru" followed by a date, including the month and day, that is not more than twenty-four days after the eggs were candled and includes the date the eggs were candled.

(b) For eggs that are marked grade A, the words " best by" or " use by" followed by a date, including the month and day, that is not more than forty-five days after the eggs were candled and includes the date the eggs were candled.

14. " Grade" means classified as to quality and applies to a dozen, case, lot or load of eggs.

15. " Half case" means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States.

16. " Inspector" means an egg inspector who is appointed or assigned pursuant to section 3-709.

17. " Manufacturer" means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption.

18. " Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded.

19. " Mislabel" means the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation on eggs or on a carton, container or subcontainer of eggs, or on the label or lining or wrapper thereof, or on the outward end of the case, or on a placard or sign used in connection therewith, or in connection with any display having reference to eggs.

20. " Nest run eggs" means eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed.

21. " Person" includes an individual, household, firm, corporation, company or association.

22. " Processed" means that the shell has been treated with oil or another preservative preparation.

23. " Producer" means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state.

24. " Producer-dealer" means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers.

25. " Quality" means the inherent properties of any product that determine its relative degree of excellence.

26. " Retailer" means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale.

27. " Sell" includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade.

28. " Size" means classified as to weight.

29. " Standard" means the quality specifications for a single egg.

30. " Subcontainer" means a container that is used within another container.

31. " Supervisor" means the supervisor of egg inspection or the supervisor's authorized representative.