.04 Sales of Eggs to Consumers.

A. This regulation does not apply to a person selling shell eggs for pasteurization.

B. A person may not distribute, offer for sale, or sell shell eggs to a consumer unless:

(1) That person is registered with the Secretary as provided under Regulation .09 of this chapter;

(2) That person has an invoice or equivalent record containing all of the information required under Regulation .03A; and

(3) The eggs are:

(a) Supplied by a registered packer;

(b) Supplied by a registered distributor, if applicable;

(c) Produced by flocks that meet the standards of COMAR; and

(d) Distributed, offered for sale, or sold as provided under §C or D of this regulation.

C. Sale of Eggs in Cartons or Cases. A person may distribute, offer for sale, or sell eggs that have been packed in a carton or case for delivery to consumers only if the carton or case displays the information required under, and in the manner provided by, Regulation .08 of this chapter.

D. Sale of Loose Eggs.

(1) A person may distribute, offer for sale, or sell loose eggs only if that person places a placard on or near them that plainly and conspicuously displays their grade, size, packer, and lot designation.

(2) The information required under §D(1)(a) of this regulation to be placed on the placard shall be in legible printing in block letters not less than 3/8 inch in height. The grade or size designations may not be abbreviated. The minimum size of this placard shall be 4-1/2 by 6 inches. The position of the signs in the crate, basket, or other container in which eggs are displayed shall be such that the grade and size of the eggs is plainly visible to customers at all times.

E. Advertising of any other commodity may not be permitted on any egg container in which the advertising in any way:

(1) Might be representative of the grade or size of eggs;

(2) Misleads the consumer;

(3) Interferes with the legibility of the grade and size of the eggs.

F. A descriptive term or labeling may not be used when eggs are offered for sale, exposed for sale, sold, or advertised for sale if the term or labeling is false or misleading, or is in violation of any provision of this chapter.

G. A food service facility or retailer shall store, display, and transport shell eggs in the refrigerated area of a unit whose temperature is 45 or less.