(1) "Adulterated" has the meaning given that term in ORS 616.235.

(2) "At retail" means a sale or transaction between a retailer and a consumer.

(3) "Bulk sale" means the sale of eggs in containers other than consumer containers.

(4) "Candling" means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.

(5) "Consumer" means any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern that purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking.

(6) "Consumer container" means a container in which eggs are packed for sale to consumers.

(7) "Container" means any box, case, basket, carton, sack, bag or other receptacle.

(8) "Department" means the State Department of Agriculture.

(9) "Egg handler" means any person who contracts for or obtains possession or control of any eggs for:

(a) Sale to another egg handler or a retailer; or

(b) Processing and sale to another egg handler, a retailer or a consumer.

(10) "Egg products" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption, excepting products that contain eggs only in a relatively small proportion or historically have not been in the judgment of the department considered by consumers as products of the egg industry.

(11) "Eggs" or "shell eggs" means eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl.

(12) "Federal Act" means the federal Egg Products Inspection Act, 21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.

(13) "Labeling" has the meaning given that term in ORS 616.205.

(14) "Lot" means an identifiable and certain quantity, group or shipment of one grade or size of eggs of a particular producer, egg handler or retailer. Such identification and certainty may be determined by the department by container labeling of codes, numbers or dates, or invoices containing such data.

(15) "Misbranded" has the meaning given that term in ORS 616.250.

(16) "Pasteurize" means the subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms, by such processes as may be prescribed by the department.

(17) "Processing" means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying or packaging egg products.

(18) "Retailer" means any person who sells eggs to a consumer.

(19) "Sell" or "sale" means to sell, offer for sale, expose for sale, or have in possession for sale. [1965 c.582 §1; 1975 c.748 §1; 2003 c.14 §378; 2005 c.22 §445; 2017 c.42 §3]