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Arizona Department of Agriculture (Arizona)

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www.agriculture.az.gov
Arizona Department of Agriculture
1688 W. Adams Street, Phoenix, AZ 85007
Phone: (602) 542-0884 Fax: (602) 542-4194
NEST RUN EGG PRODUCER INFORMATION SHEET
This information is provided to assist persons wishing to produce nest run eggs in the State of Arizona.
“Nest run eggs” are eggs which are unwashed, ungraded and unmarked as to grade and
size.
There are no license or inspection fees to be enrolled as a nest run producer.
Sales of nest run eggs may not exceed 750 dozens each calendar year, by a firm or individual.
In order for eggs to be advertised as "fresh" or "local", they must be produced under inspection by the
Department of Agriculture and be graded to Grade AA or Grade A standards.
If the amount of 750 dozens produced in a calendar year is exceeded, the nest run producer must
convert to a "fee paying producer". This requires packing graded eggs in the proper weight classes. It
also requires a quarterly inspection fee payment to the Department of Agriculture. This "mill fee" is
currently 3.0 mills per dozen, 9 cents for each 30 dozen case of eggs produced. This funds the
inspection program.
Contact our Phoenix office Roland Mader, Program Administrator at (602) 542-0884 or the
Administrative Assistant at (602) 542-0805 for more information.
Registering as a nest run producer is required by Arizona law. Although there is no license required, or
payment of any fees, registering as a nest run producer allows the department and/or public health
agencies to trace eggs back to the producer, in the event of an egg borne disease outbreak.
These two locations describe the entire Arizona Egg law:
Arizona Revised Statutes, under Title 3, Chapter 5, Article 1:
https://www.azleg.gov/arsDetail/?title=3
Arizona Administrative Code (Rules) under Title 3, Chapter 2, Article 9:
https://www.azsos.gov/rules/arizona-administrative-code#ID3
Douglas A. Ducey
Governor
Mark W. Killian
Director
www.agriculture.az.gov
Regulations Pertaining to Nest Run Egg Producers
A.R.S. § 3-715. Unlawful sales; unlawful designations
A. It is unlawful to sell to retailers or consumers eggs which are nest run, except that a person may sell
to retailers or consumers twenty five cases of such eggs from his own production each calendar year.
Retailers may sell such eggs to consumers only if such eggs when on hand, offered for sale or placed
on sale are clearly marked "NEST RUN". Each placard for cases, half cases, cartons or containers of
such eggs and all advertising, invoices and egg purchase tickets relating to such eggs shall likewise be
clearly marked "nest run" as prescribed in this article. The total quantity of nest run eggs on hand or
on sale at any time shall not exceed the total quantity of such eggs as shown on invoices or egg
purchase tickets.
Any person who sells nest run eggs shall keep an invoice or egg purchase ticket as prescribed in
section 3-718.
B. Any person proposing to sell nest run eggs shall, prior to any such sales, notify the department in
writing of his intent to sell such eggs and specify his location, the number of laying hens he owns or
which are or in his possession, the place of production and the general area of the state in which such
eggs are to be sold.
C. It is unlawful for any person selling any portion of his daily production as graded eggs to sell any
portion thereof as nest run eggs, except that any person may change his sales from graded to nest run
if he notifies the department in writing prior to such change.
D. It is unlawful for any person selling any portion of his daily production as nest run eggs to sell any
portion thereof as graded eggs, except that any person may change his sales from nest run eggs to
graded eggs if he notifies the department in writing within five days from the date of change.
E. Any person selling nest run eggs as provided in this section shall notify the department in writing
within five days from the date each calendar year his total sales of such eggs amount to twenty five
cases (750 dozens).
F. The department shall keep a record of all notifications made under this section.
G. It is unlawful to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed
eggs from more than one species of fowl, or eggs from ducks, turkeys, geese or any species of fowl
other than chickens without marking the cases, half cases, containers and subcontainers of such eggs
and indicating fully by sign or placard for bulk lots the species of fowl from which such eggs were
produced.
H. It is unlawful to place on open display in retail stores cases with markings or any designation of
brand, size, grade or other matter which does not properly and accurately apply to the eggs placed or
packed therein unless all of such markings have been removed, erased or obliterated.
www.agriculture.az.gov
A.R.S. § 3-718. Sale of eggs; invoice; deterioration of eggs below grade; exceptions
A. Every person selling eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel,
hospital, bakery, restaurant or other eating place, or consumer shall furnish an invoice showing the
date of sale, the exact quantity of eggs or egg products, size and grade of the eggs, or nest run,
according to the standards prescribed pursuant to this chapter, together with the name and address of
the person buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer to
a producer when the producer sells nest run eggs to such dealer or producer-dealer complies with this
section. A copy of the invoice or egg purchase ticket shall be kept on file by the seller and the buyer at
their respective places of business for a period of thirty days and shall be open at all reasonable times
to inspection by an inspector.
B. A person having eggs marked in accordance with the invoice who keeps the eggs for such time after
they are purchased as to cause them to deteriorate to a lower grade or size and then offers or exposes
them for sale under the mark of the invoice grade or size violates this article.
C. No invoice shall be required on eggs when sales are made by the producer from eggs produced on
the producer's premises and sold direct to the consumer.
D. No invoice shall be required on eggs sold or delivered by a retailer when selling eggs from the
retailer's establishment to consumers.
NOTE: Nest run eggs may not be advertised or sold as “fresh eggs” or “local eggs” because A.R.S.
§ 3-724 requires that eggs marked as fresh or local meet the requirement for Grade A or higher. Nest
run eggs cannot meet this requirement, because they are not graded for quality.
A.R.S. § 3-724. Misrepresentation of quality
A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they
meet the requirements for grade A or better.
B. No person shall advertise, represent or sell eggs as local eggs unless the eggs have been produced
within this state and meet the requirements for A or better.
Arizona Administrative Code R3-2-906 and Federal Law (21 CFR § 115, 50) requires the refrigeration of
eggs at retail and held for retail distribution at an ambient temperature of 45°F or less.
Producer copy, retain for your records
www.agriculture.az.gov
NOTICE OF INTENT TO REGISTER AS A NEST RUN EGG PRODUCER
Please complete the form below and retain it for your records or complete online by following the
link
https://applications.azda.gov/.
Name/Company:
Contact Person/s (if different from above):
Mailing address:
City: State: Zip:
Physical address (if different than mailing):
City: .Zip:
If this is a rural address, please provide directions for locating:
Phone: Email:
At the present time I own or have in my possession hens. (Number of hens)
I plan to market the eggs to Retailers Consumers in the general area of .
I am a resident of the State of Arizona producing eggs within the State. I hereby serve notice of intention to sell
my production of eggs as "nest run" eggs until such time I change my operation or exceed the exemption of 25
cases (750 dozen) per calendar year.
I
understand that ARS 3-715 E. requires me to notify the Department of Agriculture within 5 days of egg sales
that exceed 25 cases (750 dozens) per year.
I
understand that "nest run" means eggs that are unwashed and ungraded as to quality and size, and that
containers of such eggs when sold to retailers shall be clearly marked "NEST RUN". An invoice or egg purchase
ticket showing the date, the quantity of "nest run eggs" and the name and the address of the retailer buying and
the person selling the eggs shall be left with the retailer. A copy of the invoice shall be kept on file by the seller
and the buyer at their respective places of business for a period of 30 days and shall be open to inspection by
the Department at all reasonable times.
I
also understand that the reuse of any cartons for eggs which bears a name, a trade-mark, or a trade name,
except where the user is entitled to use the name, trade-mark or trade name, is PROHIBITED and that the
words "FRESH" or "LOCAL" shall not be used to advertise or sell the "nest run eggs".
Signature/s Date
ARIZONA DEPARTMENT OF AGRICULTURE
Egg Program
1688 W. Adams Street
Phoenix, AZ 85007
Phone: (602) 542-0884 Fax: (602) 542-4194
FOR ADA USE ONLY
Received
Approved
Arc/Distance
Processed
Producer No.
Department Copy
www.agriculture.az.gov
NOTICE OF INTENT TO REGISTER AS A NEST RUN EGG PRODUCER
Please complete the form below and return it to the department at the above address or complete
online by following the link
https://applications.azda.gov/.
Name/Company:
Contact Person/s (if different from above):
Mailing address:
City: State: Zip:
Physical address (if different than mailing):
City: .Zip:
If this is a rural address, please provide directions for locating:
Phone: Email:
At the present time I own or have in my possession hens. (Number of hens)
I plan to market the eggs to Retailers Consumers in the general area of .
I am a resident of the State of Arizona producing eggs within the State. I hereby serve notice of intention to sell
my production of eggs as "nest run" eggs until such time I change my operation or exceed the exemption of 25
cases (750 dozen) per calendar year.
I understand that ARS 3-715 E. requires me to notify the Department of Agriculture within 5 days of egg sales
that exceed 25 cases (750 dozens) per year.
I understand that "nest run" means eggs that are unwashed and ungraded as to quality and size, and that
containers of such eggs when sold to retailers shall be clearly marked "NEST RUN". An invoice or egg purchase
ticket showing the date, the quantity of "nest run eggs" and the name and the address of the retailer buying and
the person selling the eggs shall be left with the retailer. A copy of the invoice shall be kept on file by the seller
and the buyer at their respective places of business for a period of 30 days and shall be open to inspection by
the Department at all reasonable times.
I also understand that the reuse of any cartons for eggs which bears a name, a trade-mark, or a trade name,
except where the user is entitled to use the name, trade-mark or trade name, is PROHIBITED and that the
words "FRESH" or "LOCAL" shall not be used to advertise or sell the "nest run eggs".
Signature/s Date
Egg Program
1688 W. Adams Street
Phoenix, AZ 85007
FOR ADA USE ONLY
Received
Approved
Arc/Distance
Processed
Producer No.
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Arizona Department of Agriculture (Arizona)

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Completed 20 July 2020

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