SECTION 15.8. Labeling Requirements

(a) Commercially printed cartons.

(1) All commercially printed retail cartons utilized must set out the following information except as provided in paragraph (3) of this subsection:

(A) the size, grade, and quantity of the eggs. This information must be legibly printed on the top principal display panel of the carton in boldface type. No reference may be made to any grade or size other than that claimed;

(B) the Texas egg license number of the licensee, which is the person that places or packs the eggs in the retail container. This license number shall be displayed in legibly printed boldfaced numerals and be placed on the top or either of the two sides of the egg carton in the same vicinity and type size as the address, city, and state of the licensee. This must be the license number of the actual packer rather than that of the second party for whom the eggs may be packed; and

(C) the post office, street address, or route number, and city and state of the Texas licensed facility where the eggs were actually graded, labeled, sized, and/or packed. This information shall be legibly printed in boldface capital letters and shall be displayed on the carton in the same vicinity and type size as the Texas egg license number.

(2) If a producer exempt under the Code, §132.002, is using commercially printed cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)" and bear the producer's address in legible printed boldface type and sold directly to the consumer.

(3) Firms having two or more packing operations may, at their election, utilize one inventory of egg cartons which display the Texas egg license number and address of the parent facility. However, each satellite packing station shall identify on each carton the address for the actual location where the eggs were sized and graded, or at its option, the identifying license number obtained from the department, which will serve to substitute for the address of the actual location of the applying satellite packing station.

(b) Stock cartons.

(1) If a licensee is using stock cartons, the required information shall be legibly printed on the carton at the packing plant. The minimum information shall be as follows:

(A) grade and size;

(B) Texas egg license number;

(C) post office, street address, or route number of licensee; and

(D) city and state.

(2) If a producer exempt under the Code, §132.002, is using stock cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)," the producer's address, and sold direct to the consumer. Such information may be hand printed on the carton, provided it is legible and appears on the top panel of the egg carton.

(3) Labeling information on the stock carton must be placed in a legible fashion and must contrast sharply with the background of the space imprinted.

(c) Cases--Dealer-wholesaler. All egg cases containing loose eggs for human consumption which are offered for retail or wholesale must bear a label on either or both ends of the case which contains the following information provided, as applicable, in distinctly legible boldface capital type or print. This information may be commercially printed or rubber stamped on the label:

(1) size and grade of eggs (if graded);

(2) Texas egg license number of the licensee;

(3) post office, street address, or route number; and

(4) the city and state of the licensee.

(d) Cases--Producer. If the case is packed by a producer, the label or tag affixed to the case shall read: "ungraded" followed by "Produced by (producer's name)" and bear the complete mailing address of the producer. Such information may be hand printed, provided it is legible.

(e) Eggs packed in retail "breakaway" cartons. If a retail carton can be divided by the consumer or retailer into smaller units for the purpose of selling lesser amounts of eggs, each half or portion of the container must contain full information as to the size and grade, amount remaining in the divided portion, Texas egg license number, address, and city and state of the licensee.

(f) Used Cartons. Egg cartons cannot be reused except by the original packer.

(g) Labeling Exemptions. Permission from the department is required to place the Texas egg license number of the licensee on the end of the carton in lieu of the requirements of subsection (a)(1) of this section. The requesting licensee shall provide the department with the following minimum information:

(1) written permission from the licensee whose Texas egg license number, address, city, and state is commercially printed on the carton;

(2) written permission from the person that owns the brand name or advertising design which is commercially printed on the carton; and

(3) a schedule itemizing:

(A) the number of cartons, by size and brand;

(B) the amount of time required to exhaust the supply;

(C) the license number of the actual facility packing eggs in cartons subject to the request; and

(D) the signature of the person making the request.

(h) United States Department of Agriculture Plant Numbers. Texas licensees may utilize the United States Department of Agriculture (USDA) plant number on the carton or container in lieu of the Texas egg license number, provided all appropriate state license fees are paid, and further provided that the USDA number is identified by the prefix "P" when the license number is printed.

Source Note: The provisions of this §15.8 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621