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32.12.101   DEFINITIONS
In this chapter

(1) "Administrator" means the administrator of the animal health division, department of livestock.

(2) "Department" means the animal health division, department of livestock or its authorized representatives.

(3) "Ultimate consumer" means a householder, his family and non-paying guests.

(4) "Premises" means a place where eggs are produced, graded and/or sold house-to-house; however, this definition may not be in conflict with the Egg Products Inspection Act of the U.S. department of agriculture.

(5) "Egg product" means eggs which are broken from the shell and processed.

(6) "Leaker" means an individual egg that has a crack or break in the shell and shell membrane to the extent that the egg content is exuding or free to exude through the shell.

(7) "Check" means an individual egg that has a broken shell or crack in the shell but has its shell membranes intact and contents not leaking.

(8) "Loss egg" means an individual egg that is in-edible, smashed or broken so that the contents are leaking, cooked, frozen, contaminated or defined in section 81-20-205 MCA.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.102   LABELING OF CONSUMER-SIZE CONTAINERS
(1) All eggs sold in consumer-size containers must be labeled in accordance with the Montana Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act as adopted and as may be amended.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.103   SIZE OF CERTIFICATE OF CANDLING
(1) The certificate required by section 81-20-204 MCA must be printed on cards or sheets of paper not smaller in size than 2 3/8 inches by 4 1/4 inches.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-204 MCA; Eff. 12/31/72.

32.12.104   EGGS DEFINED UNFIT FOR HUMAN CONSUMPTION

(1) Eggs defined and described as follows are deemed unfit for human food and may not be sold, offered or exposed for sale for human consumption.

(a) "Addled" or "white rot" means an egg that is putrid or rotten.

(b) "Moldy" means an egg which, through improper care, has deteriorated so that mold spores have formed within the egg.

(c) "Blood spot" is a spot of blood in excess of 1/8 inch in aggregate and which adheres to the yolk of the egg.

(d) "Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance.

(e) "Blood ring" means an egg in which the germ has developed to such an extent that blood is formed.

(f) "Adherent yolk" means an egg in which the yolk has become fastened to the shell.

(g) "Incubated egg" shall include eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours.

(h) "Bloody white" means an egg with a general reddish appearance due to blood mixed through it and which egg may show spots of blood floating in the white.

(i) "Meat spot" means that the egg has a speck of foreign matter adhering to the yolk or floating in the white.

(j) An egg that is smashed or broken so that the contents are leaking.

(k) Eggs which are otherwise unwholesome or adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-204 MCA; Eff. 12/31/72.

32.12.105   CONDITION OF SALE FOR CHECKED SHELL EGGS

(1) Checked shell eggs may not be sold on or off premises to hospitals, institutions, nursing homes, convalescent homes, retirement homes, schools, whether privately or governmentally owned; or to food purveying establishments subject to licensing by the Montana department of health and environmental sciences, such as but not limited to, bakeries, restaurants, cafes, drive-ins, food manufacturing establishments; or to private clubs, organizations, churches or church groups when members, the public and/or non-members and guests are served food.

(2) Checked shell eggs may be sold to a breaking plant approved by the department or for non-human food purposes to an animal-food processing plant in accordance with the Egg Products Inspection Act of the U.S. department of agriculture.

(3) Checked shell eggs may be sold on the premises to the ultimate consumer only when conforming to the requirements of the Egg Products Inspection Act of the U.S. department of agriculture; and as follows:

(a) Each container of eggs sold, offered or exposed for sale must have a label printed on the container, inserted into the container or by other means attached to the container advising the consumer that the eggs are being sold only for cooking and baking purposes where the cooking temperatures will reach or exceed 165°F. Each label must contain the words "checked shell" and "ungraded"; and the printing on each label shall be clean, clear and of such size print so as to be easily read by the consumer.

(b) The label and/or container may not have on or in it any words, phrase or graphic material which might tend to mislead the purchaser or consumer that the eggs have been inspected by the department and/or that they have been candled or graded.

(c) All references on the containers to size, grade, freshness and seals or imprint seals must be obliterated prior to sale to the consumer.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.106   ADULTERATING SHELL EGGS AND EGG PRODUCTS

(1) No person may adulterate eggs and/or egg products except with department-approved non-toxic substances or colorings and then only for purposes of making them inedible for humans or for rechanneling such eggs and egg products into an animal-food processing plant.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.107   REGRADING SHELL EGGS
(1) All eggs and egg products produced and/or sold in the state of Montana may be regraded by an official representative of the department at any place where they are produced, processed, held, kept, sold, or offered or intended for sale in order to ascertain compliance with the rules contained in this chapter.

(2) Eggs and egg products which are not in compliance with the rules contained in this chapter may be ordered returned to the supplier by the official representative of the department. The supplier must be notified in writing by the official representative of the department why the eggs are being returned.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.108   SHELL EGGS IMPORTED INTO MONTANA
(1) All candled and graded eggs imported into the state of Montana must comply with quality, grade and weight standards of these rules and must be inspected and passed by a licensed Montana egg grader.

(2) All wholesalers and retailers of imported eggs shall sell them from the container in which he received them; or may transfer said eggs to other containers or cartons labeled in accordance with requirements contained in ARM 32.12.102.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.109   FEDERAL-STATE POULTRY GRADING SERVICE – SHELL EGGS

(1) The department shall charge fees and expenses for shell egg grading, auditing, and regulatory services as stipulated in the Cooperative Agreement between the Agricultural Marketing Service of the United States Department of Agriculture and the department.

 

History: 81-1-102, 81-2-102, 81-2-104, 81-20-101, MCA; IMP, 81-1-102, 81-2-102, 81-2-104, 81-20-101, 81-20-201, MCA; NEW, 2020 MAR p. 591, Eff. 3/28/20.

32.12.201   APPLICABILITY, CANDLING PROCEDURE
(1) The Montana standards for quality of individual shell eggs contained in this sub-chapter are applicable only to eggs that are the product of the domesticated chicken hen and in the shell.

(2) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light, except as otherwise provided in sub-chapter 3. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs. It is desirable to break-out an occasional egg and by determining the Haugh unit value of the broken-out egg, compare the broken-out and candled appearance, thereby aiding in correlating candled and broken-out appearance.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.202   TERMS DESCRIPTIVE OF THE SHELL
(1) A "clean" shell is a shell that is free from foreign material and from stains or discolorations that are readily visible.

An egg may be considered clean if it has only very small specks or stains, if such stains or specks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs which show traces of processing oil on the shell are considered clean unless otherwise soiled.

(2) A "dirty" shell is an unbroken shell that has dirt or foreign material adhering to its surface, which has prominent stains, or has moderate stains covering more than 1/4 or the shell surface.

(3) A "check egg" is an individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A check is considered a lower quality than a dirty.

(4) A "practically normal" (AA or A quality) shell is a shell that approximates the usual shape and that is of good, even texture and strength and is free from rough areas or thin spots. Slight ridges and rough areas that do not materially affect the shape, texture and strength of the shell are permitted.

(5) A "slightly abnormal" (B quality) shell is a shell that may be somewhat unusual in shape or that may be slightly faulty in texture or strength. It may show definite ridges but no pronounced thin spots or rough areas.

(6) An "abnormal" (C quality) shell is a shell that may be decidedly misshapen or faulty in texture or strength or that may show pronounced ridges, thin spots, or rough areas.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.203   TERMS DESCRIPTIVE OF AIR CELL
(1) The "depth of air cell" (air space between shell membranes, normally in the large end of the egg) is the distance from its top to its bottom when the egg is held air cell upward.

(2) A "practically regular" (AA or A quality) air cell is an air cell that maintains a practically fixed position in the egg and shows a fairly even outline with not more than 2/8 inch movement in any direction as the egg is rotated.

(3) A "free air cell" (B or C quality) is an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

(4) A "bubbly air cell" (B or C quality) air cell is a ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.204   TERMS DESCRIPTIVE OF THE WHITE
(1) A "clear" white is a white that is free from discoloration or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies, such as spots and blood clots.)

(2) A "firm" (AA quality) white is a white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to the broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45°F. and 60°F.

(3) A "reasonably firm" (A quality) white is a white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 to 72 when measured at a temperature between 45°F. and 60° F.

(4) A "slightly weak" (B quality) white is a white that is lacking in thickness or viscosity to an extent that causes the yolk outline to appear well defined when the egg is twirled. With respect to a broken-out egg, a slightly weak white has a Haugh unit value of 31 to 60 when measured at a temperature between 45°F. and 60°F.

(5) A "weak and watery" (C quality) white is a white that is thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to the broken-out egg, a weak and watery white has a Haugh unit value lower than 31 when measured at a temperature between 45°F. and 60°F.

(6) "Blood clots and/or spots" (not due to germ development) are blood clots or spots on the surface of the yolk or floating in the white. These blood clots may have lost their characteristic red color and appear as small spots or foreign material commonly referred to as meat spots. If they are small (aggregating not more than 1/8 inch in diameter) , the egg may be classified as C quality. If larger, or showing diffusion of blood in the white surrounding them, the egg must be classified as a loss.

(7) A "bloody white" is an egg, the white of which has blood diffused through it. Such a condition may be present in new-laid eggs. Eggs with bloody whites are classified as a loss.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.205   TERMS DESCRIPTIVE OF THE YOLK
(1) An "outline slightly defined" (AA quality) yolk is a yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(2) An "outline fairly well defined" (A quality) yolk is a yolk outline that is discernable but not clearly outlined as the egg is twirled.

(3) An "outline well defined" (B quality) yolk is a yolk outline that is quite definite and distinct as the egg is twirled.

(4) An "outline plainly visible" (C quality) yolk is a yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(5) A "slightly enlarged and slightly flattened" (B quality) yolk is a yolk in which the yolk membranes and tissues have weakened somewhat causing it to appear slightly enlarged and slightly flattened.

(6) An "enlarged and flattened" (C quality) yolk is a yolk in which the yolk membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat.

(7) A "practically free from defects" (AA or A quality) yolk is a yolk that shows no germ development but may show other very slight defects on its surface.

(8) A "definite but not serious defects" (B quality) yolk is a yolk that may show definite spots or areas on its surface but with only slight indication of germ development or other pronounced or serious defects.

(9) An "other serious defects" (C quality) yolk is a yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(10) A "clearly visible germ development" (C quality) yolk is a yolk in which the development of the germ spot of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(11) "Blood due to germ development" is blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.206   AA QUALITY
The shell must be clean, unbroken and practically normal. The air cell may not exceed 1/8 inch in depth and be practically regular. The white must be clear and at least reasonably firm so that the yolk is only slightly defined when the egg is twirled before a candling light. The yolk must be practically free from apparent defects.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.207   A QUALITY
The shell must be clean, unbroken and practically normal. The air cell may not exceed 3/16 inch in depth and must be practically regular. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.208   B QUALITY
The shell must be unbroken and may be slightly abnormal and may show slight stains but no adhering dirt, provided that the stains do not appreciably detract from the appearance of the egg. When the stain is localized, approximately 1/32 of the shell surface may be slightly stained, and when the slightly stained areas are scattered, approximately 1/16 of the shell surface may be slightly stained. The air cell may not exceed 3/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and may be slightly weak so the yolk outline is well defined when the egg is twirled before the candling light. The yolk may appear slightly enlarged and slightly flattened and may show other definite, but not serious, defects.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.209   C QUALITY
The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/4 of the shell surface. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/8 inch in depth and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened, and may show visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood clots or spots (aggregating not more than 1/8 inch in diameter) may be present.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.301   FRESH FANCY QUALITY OR FRESH FANCY AA GRADES: MINIMUM REQUIREMENTS OF PROCUREMENT AND DISTRIBUTION
(1) Each packing station or plant must have a satisfactory procurement and distribution program including, but not limited to, the following requirements at the farm and retail store level as applicable.

(2) Eggs from each flock must be packed separately and the shipping cases marked so as to facilitate segregation at the packing station. A flock consists of birds not varying in age by more than 60 days. In operations with a continuous replacement procedure, such as in cage operations, birds must be grouped together in accordance with the above requirement.

(3) Eggs must be gathered from the nest at least twice and preferably three times daily.

(4) All eggs must be cleaned in accordance with the applicable provisions of ARM 32.12.605. Eggs may be treated by oil dipping, oil spraying, or oil-emulsion spraying; provided, that methods used will not cause objectionable cloudiness in the whites. Oil treating and cleaning operations must be in compliance with the sanitary requirements of ARM 32.12.604.

(5) Eggs must be cooled promptly after gathering to 50°F. or below and held at a reasonably constant temperature not to exceed 55°F. and at a relative humidity of approxi-mately 70%. Notwithstanding the foregoing, the temperature of the eggs may rise to 70°F. during washing and packaging operations provided the eggs are moved promptly to a cooler or are transported at a temperature of 50°F, or below.

(6) Eggs must be transported and handled under such conditions as will prevent sweating and at a temperature of 55°F. or below; or at 60°F. or below when not held in excess of 4 hours.

(7) The temperature at which the eggs are held and displayed at the retail store may not exceed 55°F.

(8) Periodic checks to determine the adequacy of the production and distribution programs must be made by the department.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.302   FRESH FANCY QUALITY OR FRESH FANCY AA GRADES: MINIMUM REQUIREMENTS AT PACKAGING PLANTS
(1) The quality factor of albumen firmness must be determined by the broken-out score, measured in Haugh units. The condition of the yolk shall be observed during such tests. The break-out test must be made every other week unless the break-out records indicate a variation in individual eggs or averages beyond that normally expected for this program, in which case the break-out must be made weekly. The test must be accomplished at the assembly plant or at the farm in the event the eggs go directly from the farm to the store. Eggs which do not meet the requirements of AA quality with respect to shell texture or shape may not be selected as part of any sample that is to be broken out and scored. Sampling, break-out testing, and maintenance of records of break-out tests must be done by or under the immediate supervision of a licensed grader.

(2) The internal temperature of the eggs may not be lower than 45°F. or higher than 60°F. at the time of making the break-out test. Eggs must be placed under refrigeration at a temperature not to exceed 50°F. and a relative humidity of approximately 70% promptly after packaging.

(3) A flock may become eligible for entry under the program when a sample of 25 eggs, drawn at random, averages 76 Haugh units or higher; or when 2 samples of 25 eggs, each drawn at random (1 sample per week for 2 consecutive weeks) , each averages 74 Haugh units or higher. Notwithstanding the foregoing, a flock may not be eligible if any sample contains more than 1 egg measuring less than 60 Haugh units. The yolk of all eggs in the sample must have well-rounded appearance with a reasonably uniform color.

(4) A flock may remain on the program, provided:

(a) A moving average of 74 Haugh units or higher is maintained;

(b) The yolks of all eggs have a well-rounded appearance with a reasonably uniform color;

(c) Not more than 1 egg in any sample of ten eggs or more measures less than 60 Haugh units.

(5) The biweekly or weekly average must be computed by averaging the results obtained when testing eggs in accordance with either part (a) or (b) of this paragraph. Samples must be drawn at random from each flock from a single shipment every 2 weeks (or weekly when required) .

(a) A sample of 10 eggs must be tested when the moving average is below 80 Haugh units and not more than 1 egg in the sample may measure less than 60 Haugh units.

(b) A sample of 5 eggs may be tested when the moving average is 80 Haugh units or above and the sample contains no eggs which measure less than 60 Haugh units. If only 1 egg measures less than 60 Haugh units, an additional 5 eggs must be tested. If this second 5-egg sample contains no eggs below 60 Haugh units, the average of the 10 eggs must be used in determining the biweekly or weekly average.

(6) The moving average must be computed by averaging the results of the latest 2 biweekly or 4 weekly (when required) Haugh unit entries of a flock.

(7) Any flock which has been on the program and is excluded for failure to meet the requirements may be reinstated by the same procedures used to originally enter a flock on the program.

(8) Eggs with clean, unbroken, practically normal shells from flocks which meet the provisions of this rule may be packaged and officially labeled as Fresh Fancy Quality or Montana Consumer Grade AA after removal of eggs containing blood and meat spots and loss eggs.

(9) Packages or sealing tapes shall bear in distinctly legible form a date stated as the "month" and "day", or the number of the "month" and "day" (i.e. "4-3" for April 3) , preceded by the letters "Exp." (for expiration) , or a statement such as "Not to be Sold After". The expiration date may not exceed 10 days from the date the eggs are packed, excluding the day of pack. The eggs must be packed within 6 days from the time they are received at the plant (not counting the day received) , or that shipment must be tested again for Haugh units and other factors to determine their eligibility for packing. Notwithstanding the foregoing, other systems of dating may be approved which accomplish the purpose of this paragraph, providing application for such system is made in writing by the applicant and concurred in by the administrator.

(10) Graders shall examine samples of packaged product as determined by official directives of the administrator. A tolerance of 5% is permitted in any combination of eggs that are of B quality or C quality with respect to shell, C quality with respect to meat or blood spots and checks. Dirties, leakers and loss eggs are not permitted.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.303   REQUIREMENTS FOR EGGS PACKAGED UNDER GRADE A MARK
Eggs packaged with the Grade A label shall meet all the provisions of ARM 32.12.301 and 32.12.302 except for the following.

(1) A flock must consist of birds located on the same farm and managed under identical supervision.

(2) A flock may be eligible for entry under the program when a sample of 25 eggs, drawn at random, averages 64 Haugh units or higher; or when 2 samples of 25 eggs, each drawn at random (1 sample per week for 2 consecutive weeks) , each averages 62 Haugh units or higher. Notwithstanding the foregoing, a flock may not be eligible if any sample contains more than 4 eggs measuring less than 60 Haugh units. The yolk of all eggs in the sample must have a well-rounded appearance with a reasonably uniform color.

(3) A flock may remain on the program provided:

(a) A moving average of 62 Haugh units or higher is maintained;

(b) The yolks of all eggs have a well-rounded appearance with a reasonably uniform color;

(c) Not more than 2 eggs in any sample of 10 eggs measure less than 60 Haugh units.

(4) The biweekly or weekly average must be computed by averaging the results obtained by testing 10 eggs from each flock every other week (or weekly when required) . Samples must be drawn at random every other week (or weekly when required) from each flock from a single shipment. Notwithstanding the foregoing, 5 eggs may be used as the sample size when the moving average is such that the flock would qualify under the provisions of ARM 32.12.301 and 32.12.302.

(5) A tolerance of 5% is permitted in any combination for C quality with respect to shell, meat or blood spots and checks. Dirties, leakers and loss eggs are not permitted.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.501   MONTANA GRADES AND WEIGHT CLASSES FOR SHELL EGGS

(1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. Reference to these standards to the term "case" means 30 dozen eggs per case as used in commercial practices in the United States. A minimum number of 100 eggs must be examined per sample case. For lots which consist of less than 1 case, a minimum of 50 eggs must be examined. If the lot consists of less than 50 eggs, all eggs will be examined. Whenever grading service is performed on a representative sample basis, such sample must be drawn and consist of not less than the minimum number of cases as indicated in the following table:

 

MINIMUM NUMBER OF CASES, RANDOMLY SELECTED, COMPRISING

A REPRESENTATIVE SAMPLE

 

Cases in Lot                                                                                                                 Cases in Sample

 

1 Case..................................................................................................................................................   1

2 to 10 Cases, inclusive.....................................................................................................................    2

11 to 25      "             ............................................................................................................................    3

26 to 50      "             ............................................................................................................................    4

51 to 100     "             ...........................................................................................................................    5

101 to 200   "             ...........................................................................................................................    8

201 to 300   "             ...........................................................................................................................  11

301 to 400   "             ...........................................................................................................................  13

401 to 500   "             ...........................................................................................................................  14

501 to 600   "             ...........................................................................................................................  16

 

For each additional 50 cases, or fraction thereof, in excess of 600 cases, 1 additional case must be included in the sample.

(2) Terms used in this sub-chapter that are defined in the Montana standards for quality of individual shell eggs (see sub-chapter 2) have the same meaning in this rule as in those standards.

(3) Aggregate tolerances are permitted within each grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading, and reasonable variations of grader's interpretation.

(4) Substitution of higher qualities for lower qualities specified is permitted.

(5) The percentage requirements for grades set forth in ARM 32.12.502 are applicable except that interior quality factors shall be determined in accordance with the requirements of sub-chapter 3 when the lot is labeled "Produced and Marketed Under Federal-State Quality Control Program".

(6) "No grade" means eggs of possible edible quality that fail to meet the requirements of an official Montana grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriously affected the character, appearance, or flavor of the eggs.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.502   MONTANA CONSUMER GRADES AND WEIGHT CLASSES FOR SHELL EGGS

(1) Grades.

(a) Fresh fancy quality shall consist of eggs meeting the requirements as set forth in ARM 32.12.301 and 32.12.302.

(b) Montana grade AA.

(i) Montana consumer grade AA at origin must consist of eggs which are 85% AA quality. Within the maximum tolerance of 15% which may be below AA quality, not more than 5% may be B quality, C quality or checks in any combination. No dirties or loss eggs are permitted. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.301 and 32.12.302.

(ii) Montana consumer grade AA at destination must consist of eggs which are 80% AA quality. Within the maximum tolerance of 20% which may be below AA quality, not more than 5% may be B quality, C quality or checks in any combination, and not more than 0.5% leakers or dirties in any combination. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.301 and 32.12.302.

(c) Montana grade A.

(i) Montana consumer grade A at origin must consist of eggs which are 85% A quality or better. Within the maximum tolerance of 15% which may be below A quality, not more than 5% may be C quality or checks in any combination. No dirties or loss eggs are permitted. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.303.

(ii) Montana consumer grade A at destination must consist of eggs which are 80% A quality or better. Within the maximum tolerance of 20% which may be below A quality, not more than 5% may be C quality or checks in any combination, and not more than 0.5°% leakers or dirties in any combination. This grade is also applicable when the lot consists of eggs meeting the requirements set forth in ARM 32.12.303.

(d) Montana grade B.

(i) Montana consumer grade B at origin must consist of eggs which are 85% B quality or better. Within the maximum tolerance of 15% which may be below B quality, not more than 10% may be checks. No dirties or loss eggs are permitted.

(ii) Montana consumer grade B at destination must consist of eggs which are 80% B quality or better. Within the maximum tolerance of 20% which may be below B quality, not more than 10% may be checks and not more than 0.5% leakers or dirties in combination.

(e) Additional tolerances.

(i) In lots of two or more cases:

(A) For grade AA. No individual case may exceed 10% less AA quality eggs than the minimum permitted for the lot average.

(B) For grade A. No individual case may exceed 10% less A quality eggs than the minimum permitted for the lot average. For grade B. No individual case may exceed 10% less B quality eggs than the minimum permitted for the lot average.

(ii) In lots of 2 or more cartons, no individual carton may contain less than 8 eggs of the specified quality and no individual carton may contain less than 10 eggs of the specified quality and the next lower quality.   The remaining 2 eggs may consist of a combination of qualities below the next lower quality (i.e., in lots of grade A, not more than 2 eggs of the qualities in individual cartons within the sample may be C or checks.)

(2) Weight classes.

(a) The Montana consumer grades and weight classes for shell eggs are as indicated in the following table and shall apply to all consumer grades.

 

MONTANA CONSUMER GRADES AND WEIGHT CLASSES FOR SHELL EGGS

SIZE OR WEIGHT CLASS MINIMUM NET WEIGHT PER DOZEN MINIMUM NET WEIGHT PER 30 DOZEN MINIMUM WEIGHT FOR INDIVIDUAL EGGS AT RATE PER DOZEN

(Ounces)

(Pounds)

(Ounces)

Jumbo.................

30............

56......

29.........

Extra Large........

27..............

      50 1/2....

26........

Large..................

24 ............

45 .....

23........

Medium...............

21 ............

    39 1/2....

20........

Small...................

18 ............

34 .....

17........

Peewee..............

15 ............

28 .....

--........

  

(b) A lot average tolerance of 3.3% for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5%.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.503   MONTANA PROCUREMENT GRADES AND WEIGHT CLASSES FOR SHELL EGGS

(1) Montana procurement grade I.

(a) Montana procurement grade I at origin must consist of eggs which are 85% A quality or better. Within the maximum of 15% which may be below A quality, not more than 5% may be of the qualities below B. The maximum tolerance of 5% may be of C quality, not more than 3% checks and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.15%.

(b) Montana procurement grade I at destination must consist of eggs which are 80% A quality or better. Within the maximum of 20% which may be below A quality, not more than 5% may be of the qualities below B. The maximum tolerance of 5% may consist of C quality, not more than 3% checks and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.20%.

(2) Montana procurement grade II.

(a) Montana procurement grade II at origin must consist of eggs which are 65% A quality or better. Within the maximum of 35% which may be below A quality, not more than 10% may be of the qualities below B. The maximum tolerance of 10% may consist of C quality, not more than 3% checks, and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.15%.

(b) Montana procurement grade II at destination must consist of eggs which are 60% A quality or better. Within the maximum of 40% which may be below A quality, not more than 10% may be of the qualities below B. The maximum tolerance of 10% may consist of C quality, not more than 3% checks, and not more than 0.30% dirties, leakers and loss eggs combined. Loss, other than meat and blood spots, may not exceed 0.20%.

(3) Individual cases may contain not over 10% less A quality eggs than specified for the procurement grade.

(4) The weight classes for Montana procurement grades for shell eggs are as indicated in the following table and shall apply to all procurement grades.

MONTANA PROCUREMENT GRADES AND WEIGHT CLASSES FOR SHELL EGGS

WEIGHT

 

CLASSES

AVERAGE NET

WEIGHT

ON LOT

BASIS

30-DOZEN CASE

MINIMUM NET WEIGHT INDIVIDUAL

30-DOZEN CASE

MINIMUM NET WEIGHT OF INDIVIDUAL EGGS AT RATE PER DOZEN

MAXIMUM AVERAGE PERCENT OF INDIVIDUAL EGGS BELOW MINIMUM WEIGHT LOT AVERAGE*

(Pounds)

(Pounds)

(Ounces)

(Percent)

Extra Large ..

50.5.......

50..........

26.....

3.33

Large........

45.........

44.5........

23.....

3.33

Medium.......

39.5.......

39..........

20......

3.33

Small........

34.........

33.5........

17.......

3.33

*Individual cases may contain not over 10% of individual eggs below minimum weights specified in any weight class but such eggs shall weigh not less than the minimum specified for the next lower weight class.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.504   MONTANA WHOLESALE GRADES AND WEIGHT CLASSES FOR SHELL EGGS
(1) Grades.

(a) Montana specials --- % AA quality must consist of eggs of which at least 20% are AA quality. The actual percentage of AA quality eggs must be stated in the grade name. Within the maximum of 80% which may be below AA quality, not more than 7.5% may be B quality, C quality, dirties or checks in any combination and not more than 2.0% may be loss.

(b) Montana extras --- % A quality must consist of eggs of which at least 20% are not less than A quality. The actual total percentage of A quality and better quality eggs must be stated in the grade name. Within the maximum of 80% which may be A quality, not more than 11.7% may be C quality, dirties, or checks in any combination, and not more than 3.0% may be loss.

(c) Montana standards --- % B quality must consist of eggs of which at least 20% are not less than B quality. The actual total percentage of B quality and better quality eggs must be stated in the grade name. Within the maximum of 80% which may be below B quality, not more than 11.7% may be dirties or checks in any combination and not more than 4% may be loss.

(d) Montana trades --- % C quality must consist of eggs of which at least 83.3% are not less than C quality.    The actual total percentage of C quality and better quality eggs must be stated in the grade name. Within the maximum     of 16.7% which may be below C quality, not more than 11.7%   may be dirties or checks in any combination and not more    than 5% may be loss.

(e) Montana dirties must consist of eggs that are dirty and may contain not more than 11.7% checks and not    more than 5% loss.

(f) Montana checks must consist of eggs that are checks and may contain not more than 5% loss.

(2) Weight classes. The weight classes for the Mon-tana wholesale grades for shell eggs are as indicated in the following table and, subject to the stated tolerance of 10%, apply to all wholesale grades except Montana dirties and Montana checks. There are no weight classes for Montana dirties and Montana checks.

                                                           

   WEIGHT CLASSES FOR MONTANA WHOLESALE GRADES OF SHELL EGGS  

 

 

WEIGHT

 

 

CLASSES

 

PER 30-DOZEN EGGS

WEIGHTS FOR INDIVIDUAL

EGGS AT RATE PER DOZEN

AVERAGE NET

WEIGHT ON A

LOT* BASIS

MINIMUM

NET WEIGHT

INDIVIDUAL

CASE** BASIS

 

MINIMUM

WEIGHT

WEIGHT VARIATION

TOLERANCE FOR NOT

MORE THAN 10% BY

COUNT, OF INDIVI-

DUAL EGGS

Extra

Large...

At Least

50½ pounds

 

50 pounds

26

ounces

Under 26 but not

under 24 ounces

Large...

45 pounds

 

44 pounds

23

ounces

Under 23 but not

under 21 ounces

Medium...

39½ pounds

 

39 pounds

20

ounces

Under 20 but not

under 18 ounces

Small...

34 pounds

  None

None

None

* Lot means any quantity of 30-dozen or more eggs.

**Case means standard 30-dozen egg case as used in commercial

  practice in the United States.                            

 

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.601   GENERAL REQUIREMENTS FOR BUILDINGS AND PLANT FACILITIES
(1) Buildings must be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin.

(2) Grading and packing rooms must be of sufficient size to permit installation of necessary equipment and the conduct of grading and packing in a sanitary manner.

(3) Adequate lavatory and toilet accommodations must be kept in a reasonably clean and sanitary condition. Hot and cold running water must be provided. Toilet rooms must be vented to outside the building. Signs must be posted in the rest rooms instructing employees to wash their hands before returning to work.

(4) A separate refuse room or a designated area for the accumulation of trash must be provided in plants which do not have a system for the daily removal or destruction of such trash. All waste containers must be of the covered type and be kept closed when not in use.

(5) Wood benches, platforms, etc., in areas which are subjected to moisture and which develop odors must be replaced with equipment of impervious, easily cleanable construction. Wood walls or partitions which develop odors must be replaced with materials impervious to moisture. Newly constructed plants must be equipped with metal benches, platforms, etc., in areas subjected to moisture.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.602   GRADING ROOM REQUIREMENTS
(1) The grading and candling room must be adequately darkened to make possible accurate quality determination of the candled appearance of eggs.

(2) There may be no crossbeams of light, and reflections from candling lights must be kept to a minimum.

(3) Candling benches must be constructed so as to permit cleaning and shall provide ample shelf space for convenient placement of different grades to be packed.

(4) The candling lights must be capable of delivering a reasonably uniform intensity of light at the candling aperture to facilitate accurate quality determinations; and

the light shall provide ample case light for detection of stained and dirty shells and the condition of the packing material. In operations utilizing mechanical grading equipment, adequate light must be provided for determinations including the detection and removal of stained and dirty shells and the condition of the packing material.

(5) Individual, accurate egg scales must be provided to check the accuracy of weight classing.

(6) Weighing equipment, whether automatic or manual, must be kept clean and be capable of ready, accurate adjustment.

(7) Adequate ventilation must be provided.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.603   COOLER ROOM REQUIREMENTS
(1) Cooler rooms must have refrigeration facilities capable of reducing within 24 hours and holding the maximum volume of eggs handled to a temperature of 55°F. or below. Thermometers, accurate to + 2°F., must be provided.

(2) Cooler rooms must be free from objectionable odors, dirt and pooled wastes.

(3) All shell egg coolers must be equipped with a hygrometer or portable equipment, such as a psychrometer, and be available to determine relative humidity. Humidifying equipment capable of maintaining a relative humidity which will minimize shrinkage and condensation on the eggs must be provided when necessary.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.604   SHELL EGG PROTECTING OPERATIONS
(1) Shell egg protecting (oil processing) operations must be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.

(2) Eggs with excess moisture on the shell may not be shell protected.

(3) Oil having an "off odor" or that is obviously contaminated may not be used in shell egg protection.

(4) Processing oil that has been previously used and which has become contaminated must be filtered and heat-treated at 180°F. for 3 minutes prior to use.

(5) Shell egg processing equipment must be washed, rinsed and treated with a bactericidal agent each time the oil is removed. It is preferable to filter and heat-treat processing oil and clean processing equipment daily when in use.

(6) Adequate coverage and protection against dust and dirt must be provided when equipment is not in use.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.605   SHELL EGG CLEANING OPERATION
(1) Shell egg cleaning equipment must be kept in good repair and operating condition and must be cleaned after each day's use or more frequently if necessary. Mineral deposits must be removed, either manually or by de-liming agents, when necessary.

(2) Waste water from the egg washing operation shall go directly to the drain.

(3) Continuous-type washers must have a complete water change at least once during each shift and at the end of each shift, or more frequently if considered necessary.

(4) Wash water used must be at least 20°F. warmer than the eggs. The minimum maintained temperature of the wash water must be 90°F. The 20°F. differential must be maintained throughout the cleaning cycle. Pre-wetting by submersion may not exceed 5 minutes.

(5) During any rest period, eggs must be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a build-up of heat.

(6) Only approved cleaning and sanitizing compounds may be used. The use of metered equipment for dispensing the compounds into solution is recommended.

(7) The entire shell egg cleaning and drying operation must be continuous and must be completed as rapidly as possible.

(8) Only potable water may be used to wash eggs. Each plant shall submit a copy of official water tests from the Montana department of health and environmental sciences annually to the administrator showing that the water supply is potable. An analysis of the iron content of the water supply, stated in parts per million, is also required. Cross connections between private and public water supplies are prohibited unless approved in writing by the Montana department of health and environmental sciences. New or replaced egg washers must be designed and installed to prevent back-siphonage.

(9) Potable water or rinse water over-flow must be added continuously to recirculated wash water for inline-type washers so as to provide a continuous over-flow. When equipment, other than inline-type washers, has no continuous intake and over-flow, the wash water must be replaced at such intervals so as to keep wash water reasonably clean after each basket or container of eggs is washed.

(10) All washed eggs must be effectively sanitized in warm, potable water which contains an approved sanitizing compound in approved concentrations.

(11) Washed eggs must be reasonably dry before cartoning or casing.

(12) When steam or vapors originate from the washing operation, they must be continuously and directly removed to outside the building. Wash and rinse water pumps must be wired so as to shut off whenever there is an interruption or stopping of the conveyor.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.606   REQUIREMENTS FOR EGGS WHICH ARE TO BE MARKED WITH OFFICIAL MONTANA IDENTIFICATION MARK
(1) Shell eggs, except as otherwise provided in sub-chapter 3 and those graded from commercial cold storage, may not be below 40°F. or above 70°F. at the time of official grading. Eggs held in a plant must be placed under refrigeration at 50°F. or below promptly after packaging.

(2) Every reasonable precaution must be exercised to prevent sweating of eggs.

(3) Shell eggs must be packaged only in new or good, clean used cases and packing materials. Cases and packing materials must be visibly clean, free of mold, mustiness and off-odors and must be of sufficient strength and durability to adequately protect eggs during normal distribution.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.607   USE OF PESTICIDES
(1) Pesticides, insecticides and rodenticides used in the plant must be approved and shall be stored, handled and applied in accordance with the manufacturer's instructions.
History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.608   HEALTH AND HYGIENE OF PERSONNEL

(1) No person known to have a communicable or infectious disease may come in contact with eggs or egg products.

(2) Plant personnel coming in contact with eggs and egg products shall wear clean, washable clothing.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-207 MCA; Eff. 12/31/72.

32.12.1001   DEFINITIONS
In this sub-chapter

(1) "Candling" means the careful examination in a partially dark room or place of the whole egg by means of a strong light.

(2) "Grader" means a person who determines, with the assistance of candling, the quality and size of eggs in accordance with Montana laws and rules.

History: Sec. 81-20-207 MCA; IMP, Secs. 81-20-203, 81-20-207 MCA; Eff. 12/31/72.

32.12.1002   APPLICATION AND FEE FOR LICENSE

(1) Applications for a grader's license must be made on a form supplied by the department of livestock, animal health division, Helena, Montana 59601.

(2) A $5.00 license fee, payable to the department of livestock, must accompany the completed application form.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-201 MCA; Eff. 12/31/72.

32.12.1003   LICENSE EXAMINATION
(1) Upon receipt of the completed license application form and the license fee, and authorized representative of the department of livestock, animal health division will give a written and performance examination to the license applicant.

(2) The written examination will determine the license applicant's knowledge of egg quality and size standards established by Montana law and department of livestock, animal health division rules.

(3) The performance examination will determine the license applicant's ability to candle and grade eggs.

(4) A license applicant must obtain a grade of 80% or higher on the written examination and not exceed a deviation of + 5% on the performance examination to qualify for an egg grader's license.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-201 MCA; Eff. 12/31/72.

32.12.1004   ANNUAL LICENSE RENEWAL
(1) An egg grader's license expires March 31 each year after the year of issuance. The license may be renewed as follows:

(a) Receipt of a completed application form supplied by the department of livestock, animal health division; and

(b) Receipt of the $5.00 license renewal fee.

History: Sec. 81-20-207 MCA; IMP, Sec. 81-20-201 MCA; Eff. 12/31/72.