3-720. Containers not requiring markings; department of agriculture grades

A. No markings are required on cases, containers or subcontainers of eggs:

1. When a case, half case or container contains properly-marked cartoned or packaged eggs.

2. When sold to and packed on a contract basis for the United States armed forces or United States government institutions if labeled with United States department of agriculture grades.

3. When packed for shipment or being shipped to points outside the state.

4. When sales are made by the producer from eggs produced on his own premises and sold direct to the consumer.

5. When being delivered from outside the state to dealers in the state for candling and grading.

6. When being delivered to or when in possession of a dealer for candling and grading, when being delivered to cold storage, when in cold storage or when being removed from cold storage, except that eggs which have been in an incubator shall be marked " hatchery test" together with the name and address of the hatchery of origin.

B. Eggs marked with United States department of agriculture grades as referred to in subsection A, paragraph 2, shall be considered in compliance with the rules prescribed under this chapter if the eggs so marked as to grade and size meet requirements of the comparable quality, grade and size designation prescribed under this chapter. Eggs shall not be marked with United States grade designations of a lower quality or size than comparable grades prescribed under this chapter.