CPD Form 461 "Application for South Carolina Egg License" - South Carolina

What Is CPD Form 461?

This is a legal form that was released by the South Carolina Department of Agriculture - a government authority operating within South Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on August 18, 2020;
  • The latest edition provided by the South Carolina Department of Agriculture;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of CPD Form 461 by clicking the link below or browse more documents and templates provided by the South Carolina Department of Agriculture.

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Download CPD Form 461 "Application for South Carolina Egg License" - South Carolina

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S O U T H C A R O L I N A D E P A R T M E N T O F A G R I C U L T U R E
EGG LICENSE QUICK GUIDE
S E L L I N G E G G S T O T H E P U B L I C
South Carolina Department of
Agriculture (SCDA) regulates
the sale of raw, shelled eggs
If eggs are sold directly to the end consumer at the farm where the eggs were
from chicken, duck, turkey,
gathered, these requirements do not apply. The farm is exempt from the SC Egg
and guinea fowl.
Law 39-39 et al.
A SC Egg License is required
If you intend to offer your eggs for sale to other businesses or at any location other
by state law to sell raw, shelled
than where the eggs are harvested a SCDA egg license and the below are required:
eggs at any location other than
• Wash eggs in 150 - 200ppm Chlorine
• Only new or unused cartons can
where the eggs are harvested.
Solution (1 tablespoons regular 5%
be used. Cartons cannot bear
You must complete, sign,
bleach/gallon of water) then rinse.
another producer’s or distributor’s
and submit a SC Egg License
information.
• Quickly refrigerate each egg to 45°F
Application and a proof of the
or below and maintain at all times.
• Cartons must be labeled with:
label/placard you intend to use to:
Business Name, Address, City, &
SCDA Food Safety
• Candle (Grade) each egg for blood
Zip Code of Packer or Distributor,
spots, partially formed chicks,
Egg Licensing
Grade, Size, and either a Packed-On
cracks, and to measure air cell size.
123 Ballard Court
Date or Expiration Date. Expiration
Air cell size determines if the eggs
West Columbia, SC 29172
is 45 days after the packed on date.
are Grade AA, A, or B. Eggs that
or to ewalker@scda.sc.gov
are below U.S. Consumer Grade B
• “Keep Refrigerated at 45° or Below”
A copy of your label or placard
cannot be sold to the public.
or similar wording must be stated
must be reviewed by SCDA prior
on the carton label or on the carton
to offering your eggs for sale.
• Size each egg by weight as follows:
itself.
Minimum weight for each dozen eggs
• Labels must be securely adhered to
» Jumbo
30 oz (850g)
cartons without the possibility of
» Extra Large
27 oz (764g)
SC Egg License holders are
accidental removal.
» Large
24 oz (679g)
subject to inspection by SCDA.
» Medium
21 oz (594g)
For more information, contact
» Small
18 oz (509g)
Emily Walker at
» Peewees
15 oz (424g)
ewalker@scda.sc.gov or visit
agriculture.sc.gov/divisions/
consumer-protection/food-safety-
compliance
South Carolina
DEPARTMENT OF AGRICULTURE
A G R I C U LT U R E . S C .G O V
8/18/20
CPD Form #485
S O U T H C A R O L I N A D E P A R T M E N T O F A G R I C U L T U R E
EGG LICENSE QUICK GUIDE
S E L L I N G E G G S T O T H E P U B L I C
South Carolina Department of
Agriculture (SCDA) regulates
the sale of raw, shelled eggs
If eggs are sold directly to the end consumer at the farm where the eggs were
from chicken, duck, turkey,
gathered, these requirements do not apply. The farm is exempt from the SC Egg
and guinea fowl.
Law 39-39 et al.
A SC Egg License is required
If you intend to offer your eggs for sale to other businesses or at any location other
by state law to sell raw, shelled
than where the eggs are harvested a SCDA egg license and the below are required:
eggs at any location other than
• Wash eggs in 150 - 200ppm Chlorine
• Only new or unused cartons can
where the eggs are harvested.
Solution (1 tablespoons regular 5%
be used. Cartons cannot bear
You must complete, sign,
bleach/gallon of water) then rinse.
another producer’s or distributor’s
and submit a SC Egg License
information.
• Quickly refrigerate each egg to 45°F
Application and a proof of the
or below and maintain at all times.
• Cartons must be labeled with:
label/placard you intend to use to:
Business Name, Address, City, &
SCDA Food Safety
• Candle (Grade) each egg for blood
Zip Code of Packer or Distributor,
spots, partially formed chicks,
Egg Licensing
Grade, Size, and either a Packed-On
cracks, and to measure air cell size.
123 Ballard Court
Date or Expiration Date. Expiration
Air cell size determines if the eggs
West Columbia, SC 29172
is 45 days after the packed on date.
are Grade AA, A, or B. Eggs that
or to ewalker@scda.sc.gov
are below U.S. Consumer Grade B
• “Keep Refrigerated at 45° or Below”
A copy of your label or placard
cannot be sold to the public.
or similar wording must be stated
must be reviewed by SCDA prior
on the carton label or on the carton
to offering your eggs for sale.
• Size each egg by weight as follows:
itself.
Minimum weight for each dozen eggs
• Labels must be securely adhered to
» Jumbo
30 oz (850g)
cartons without the possibility of
» Extra Large
27 oz (764g)
SC Egg License holders are
accidental removal.
» Large
24 oz (679g)
subject to inspection by SCDA.
» Medium
21 oz (594g)
For more information, contact
» Small
18 oz (509g)
Emily Walker at
» Peewees
15 oz (424g)
ewalker@scda.sc.gov or visit
agriculture.sc.gov/divisions/
consumer-protection/food-safety-
compliance
South Carolina
DEPARTMENT OF AGRICULTURE
A G R I C U LT U R E . S C .G O V
8/18/20
CPD Form #485
S E C T I O N 1 . Article 3, Chapter 39, Title 39 of the 1976 Code is amended to read:
Article 3
Provisions for the Labeling and Marketing of Eggs
Section 39-39-110.
As used in this chapter:
(1) ‘Ambient temperature’ means the atmospheric temperature surrounding or encircling shell eggs.
(2) ‘Candle’ means to determine the interior quality of eggs based on the use of a candling light as defined in the federal
standards.
(3) ‘Consumer’ means a person using eggs for food and includes restaurants, hotels, cafeterias, hospitals, state institutions,
and other establishments serving food to be consumed or produced on the premises but does not include the armed
forces or other federal agency or institution.
(4) ‘Eggs’ means the shell eggs of a domesticated chicken, turkey, duck, goose, or guinea hen.
(5) ‘Label’ means the display of any printed, graphic, or other method of identification on the shipping container or on the
immediate container including, but not limited to, an individual consumer package of eggs.
(6) ‘South Carolina eggs’ means eggs produced in this State.
(7) ‘Producer’ means a person engaged in the business of producing and marketing eggs laid on his farm.
(8) ‘Retailer’ means a person, firm, or corporation selling or offering for sale eggs to consumers in this State.
(9) ‘Distributor’ means a person offering for sale or distributing eggs in this State to a retailer, cafe, restaurant, or other
establishment serving eggs to the public or to an institutional user. It includes a person distributing eggs to his own retail
outlet but does not include a person engaged to haul or transport eggs nor a producer.
(10) ‘Wholesaler’ means a person engaged in the business of buying or receiving eggs from producers or other persons on his
own account and selling or transferring eggs to other wholesalers, processors, retailers, or other persons and consumers.
A wholesaler further means a person engaged in producing eggs from his own flock and disposing of a portion of this
production on a graded basis.
(11) ‘Person’ means any individual, partnership, association, business trust, corporation, or organized group of persons,
whether incorporated or not.
(12) ‘Sell’ means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.
Section 39-39-120.
All wholesalers, distributors, commission merchants, brokers, and dealers who desire to sell or offer eggs for sale in this State
shall first file for a license with the Commissioner of Agriculture, upon forms furnished by the commissioner, stating
the name of the firm or person desiring to offer eggs for sale either by themselves or by their agent, together with the
address of the firm or person and the type or kind of eggs to be offered for sale. The license must be issued at no cost and
in a form prescribed by regulations promulgated by the department.
Section 39-39-121.
(A) A person may not engage in business as a wholesaler or as a distributor without first obtaining a license from the
commissioner. A license issued pursuant to this article must not be suspended or revoked except for health and
sanitation reasons or for violations of this article and until the affected licensee is provided with reasonable notice and an
opportunity for hearing, pursuant to the South Carolina Administrative Procedures Act. Licenses issued pursuant to this
article are valid until suspended or revoked and are not transferable with respect to persons or location. There is no fee
for this license.
(B) Shell egg handlers registered under the United States Department of Agriculture Egg Surveillance Inspection Program are
exempt from the provisions of subsection (A) of this section.
Section 39-39-122.
Wholesalers, distributors, and retailers shall maintain records and invoices of their egg purchases for a period of at least ninety
days. These records and invoices must show the person or firm to whom the sale was made, the address of the person or
firm, and the kind and quantity of eggs involved in the sale, except that this section does not require the filing of a copy of
the invoice of a sale to a consumer. The commissioner or his authorized representative may enter, during regular business
hours, the place of any producer, wholesaler, retailer, retail establishment, institution, institutional user, warehouse, cold
storage house, or other storage places, trucks, or carriers where eggs are stored and inspected.
Section 39-39-130.
The South Carolina standards, grades, and weight classes for shell eggs are the same as the United States standards, grades,
and weight classes for shell eggs and their supplements and revisions as published by the United States Department of
Agriculture, except as modified or rejected by regulations promulgated by the Commissioner of Agriculture.
Section 39-39-135.
(A) Shell egg producers shall refrigerate eggs upon gathering the eggs. Eggs must be graded and packed within a reasonable
period of time from gathering.
(B) After washing, processing, and packaging, eggs must be transported, stored, and displayed at ambient temperatures not
to exceed forty-five degrees Fahrenheit until sold at retail or used by a commercial establishment or public institution.
Section 39-39-140.
(A) In order to protect the producer, the distributor, and the consumer, all eggs sold in this State must be labeled so as to
designate their quality, size, and weight class.
(B) The department shall establish standards for the grading, classification, and marking of shell eggs bought and sold by a
person in this State.
(C) The standards, on the date of the sale to the consumer, must conform to the minimum standards promulgated by the
United States Department of Agriculture as defined in the ‘United States Standards, Grades and Weight Classes for Shell
Eggs’, authorized pursuant to 7 U.S.C. Section 1624.
(D) The standards of quality of the United States Department of Agriculture are adopted as the standards of quality for
the enforcement of this article. An egg described by the United States Department of Agriculture as being inedible is
considered inedible pursuant to the provisions of this article.
(E) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by
four inches or not less than eight square inches on one end of each case. On this label must be printed or stamped, legibly in
letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date,
which may not exceed forty-five days from the date packed, the size and grade of the eggs, and either the name and address
of the packer or the USDA assigned plant number or a state approved plant identification code. The name of the state of
origin may be given. If eggs are sold in cartons, the cartons must show the date packed or the expiration date, which may not
exceed forty-five days from the date packed, and the grade and size, together with either the name and address of the packer
or the USDA assigned plant number or a state approved plant identification code. The state of origin also may be given.
(F) Abbreviations of words in the classification or in designating the grade and size are prohibited. The information pertaining
to the grade and size must be shown in legible letters not less than one-fourth of an inch in size. The information
pertaining to the name and address of the packer or the USDA assigned plant number or a state approved plant
identification code and the date packed or expiration date must be given legibly. All wording on egg cases and egg
cartons must be in English and must be approved by the Department of Agriculture before using.
(G) Words or phrases tending to obscure or nullify the proper classification of eggs are prohibited. Each word of the
classification, including the name of the state of origin, must appear in the same size type and color in a printed
advertisement. Abbreviations of a word in the classification or in designating the size and grade to which eggs belong are
prohibited. A person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise shall
set forth in the advertisement the classification as to size and grade of the eggs offered for sale. The classification must
be set forth in letters equal in size to those advertising the eggs for sale.
Section 39-39-141.
(A) All eggs offered for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers
must be classified properly in accordance with this subsection. A heavy cardboard or placard, not less than eight by eleven
inches, must be displayed conspicuously at all times on or over each receptacle containing eggs offered for sale, setting
forth in letters not less than one inch in height, plainly and legibly, the classification as to the quality, weight, and the
expiration date.
(B) The name of the state of origin of eggs may appear on the placard.
(C) The placard is not required if eggs are packed in properly labeled cartons. The eggs are required to meet the standard as
noted on the placard.
(D) Restaurants, hotels, or other eating places shall display conspicuously a placard at all times on or over each receptacle
containing eggs to be used in food preparation.
Section 39-39-150.
It is unlawful to:
(1) offer eggs for sale at retail in open cases, boxes, or other containers from which eggs are sold in bulk to consumers and fail
to display conspicuously on the case, box, or other container a plainly written designation showing the correct grade and
weight class to which the eggs conform. The designation must be of the kind and in the manner required by regulations of
the Department of Agriculture;
(2) use the word ‘nulaid’, ‘country’, ‘hennery’, ‘day-old’, ‘select’, ‘selected’, ‘certified’, ‘best’, ‘nearby’, ‘fresh-laid’, or a similar
descriptive term which the Commissioner of Agriculture, by regulation, prohibits in connection with the advertising or
selling of eggs;
(3) use the words ‘South Carolina’ in connection with the advertisement and sale of eggs not produced in this State;
(4) use the word ‘fresh’ in connection with the advertisement and sale of eggs not produced in this State unless those eggs
meet or exceed the quality standard designated ‘Grade A’;
(5) offer eggs for sale that are not stored properly in a refrigerated state at the temperature specified in Section 39-39-135.
Section 39-39-160.
The Commissioner of Agriculture is charged with the enforcement of this chapter and is authorized to promulgate regulations
necessary to carry out its provisions and purposes.
Section 39-39-170.
The following are exempt from this chapter:
(1) persons who buy or sell eggs to be used exclusively for hatching purposes;
(2) shipments of eggs in interstate commerce;
(3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.
Section 39-39-180.
(A) A civil action may be brought by the Commissioner of Agriculture in a court of competent jurisdiction to recover a civil
penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first
violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(B) The commissioner or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard,
may assess a civil penalty of not less than:
(1) one hundred nor more than two hundred dollars for a first violation;
(2) two hundred fifty nor more than five hundred dollars for a second violation within two years from the date of the first
violation;
(3) one thousand nor more than five thousand dollars for a third violation within two years of the first violation.
(C) A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred
nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.
Time effective
S E C T I O N 2 . This act takes effect upon approval by the Governor.
Ratified the 17
day of March, 2005.
th
Became law without the signature of the Governor — 3/24/05.
__________
South Carolina
DEPARTMENT OF AGRICULTURE
CONSUMER PROTECTION DIVISION | FOOD SAFETY DEPARTMENT
123 Ballard Court, West Columbia, SC 29172
Hugh E. Weathers, Commissioner
APPLICATION FOR SOUTH CAROLINA EGG LICENSE
A P P L I C AT I O N I S H E R E B Y M A D E F O R A L I C E N S E T O S E L L E G G S I N S O U T H C A R O L I N A AT
L O C AT I O N S O T H E R T H A N W H E R E E G G S A R E G AT H E R E D O R P R O D U C E D.
Name of Firm
Contact Name
Street Address
City, State, ZIP
County
Email
Telephone
(W)
(H)
(C)
Source of Supply:
 Producer
 Distributor
 Wholesaler
Eggs Will Be Sold In:
 Cases
 Cartons*
*NOTE: Only new or unused cartons can be used. Cartons cannot bear another producer’s or distributor’s information.
P L E A S E S U B M I T Y O U R C A R T O N A N D / O R L A B E L A L O N G W I T H A P P L I C AT I O N F O R C O M P L I A N C E R E V I E W
I have the correct equipment to refrigerate, sanitize, weigh, candle, and grade eggs to meet the quality standards for South
Carolina. (Initial)
I acknowledge that once a South Carolina Egg License is issued I am subject to inspections by the South Carolina
Department of Agriculture. (Initial)
I will comply with the SC Egg Law (39-39) and all its provisions. (Initial)
Date
Signature
Owner/Manager
R E T U R N T O :
E X A M P L E
My Farm Name
SCDA Food Safety
123 Farm Dr.
S U B M I T F O R M
Egg Licensing
West Barnwell, SC 29123
Grade A Large Eggs
123 Ballard Court
Packed on –––––––
West Columbia, SC 29172
C L E A R F O R M
License # XXXXX
ewalker@scda.sc.gov
Keep Refrigerated at 45º or below
8/18/20
CPD Form #461
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