§ 1250.500 - Terms defined.

§ 1250.500 Terms defined.

Unless otherwise defined in this subpart, definitions of terms used in this subpart shall be those definitions of terms defined in the Egg Research and Consumer Information Act, hereinafter called the Act, and the Egg Research and Promotion Order, hereinafter called the Order.

(a) Act. “Act” means the Egg Research and Consumer Information Act as it may be amended (Pub. L. 93-428).

(b) Secretary. “Secretary” means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead.

(c) Egg Board or Board. “Egg Board” or “Board” or other designatory term adopted by such Board, with the approval of the Secretary, means the administrative body established pursuant to § 1250.326.

(d) Fiscal period. “Fiscal period” means the calendar year unless the Egg Board, with the approval of the Secretary, selects some other budgetary period.

(e) Egg producer or producer. “Egg producer” or “producer” means any person who either:

(1) Is an egg farmer who acquires and owns laying hens, chicks, and/or started pullets for the purpose of and is engaged in the production of commercial eggs; or

(2) Is a person who supplied or supplies laying hens, chicks, and/or started pullets to an egg farmer for the purpose of producing commercial eggs pursuant to an oral or written contractual agreement for the production of commercial eggs. Such person is deemed to be the owner of such laying hens unless it is established in writing, to the satisfaction of the Secretary or the Egg Board, that actual ownership of the laying hens is in some other party to the contract. In the event the party to an oral contract who supplied or supplies the laying hens cannot be readily identified by the Secretary or the Egg Board, the person who has immediate possession and control over the laying hens at the egg production facility shall be deemed to be the owner of such hens unless written notice is provided to the Secretary or the Egg Board, signed by the parties to said oral contract, clearly stating that the eggs are being produced under a contractual agreement and identifying the party (or parties) under said contract who is the owner of the hens.

(f) Commercial eggs or eggs. “Commercial eggs” or “eggs” means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products.

(g) Person. “Person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.

(h) Handle. “Handle” means to grade, carton, process, transport, purchase, or in any way place eggs or cause eggs to be placed in the current of commerce. Such term shall not include the washing, the packing in cases, or the delivery by the producer of his own nest run eggs.

(i) Handler. “Handler” means any person who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets such eggs, including eggs of his own production.

(j) Egg products. “Egg products” means products produced, in whole or in part, from eggs.

(k) Cooperating agency. “Cooperating agency” means any person with which the Egg Board has entered into an agreement pursuant to § 1250.517(c).

(l) Case. “Case” means the standard shipping package containing 30-dozen eggs or the equivalent thereof.

(m) Plans and projects. “Plans” and “projects” mean those research, consumer and producer education, advertising, marketing, product development, and promotion plans, studies, or projects pursuant to § 1250.341.

(n) Representative of a producer. “Representative of a producer” means the owner, officer, or an employee of a producer who has been duly authorized to act in the place and stead of the producer.

(o) Hen or laying hen. “Hen” or “laying hen” means a domesticated female chicken 20 weeks of age or over, raised primarily for the production of commercial eggs.

(p) Hatching eggs. “Hatching eggs” means eggs intended for use by hatcheries for the production of baby chicks.

(q) United States. “United States” means the 48 contiguous States of the United States of America and the District of Columbia.

(r) Promotion. “Promotion” means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl.

(s) Research. “Research” means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent fowl, or the evaluation of such research.

(t) Consumer education. “Consumer education” means any action to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl.

(u) Marketing. “Marketing” means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl, in any channel of commerce.

(v) Commerce. “Commerce” means interstate, foreign, or intrastate commerce.

(w) Spent fowl. “Spent fowl” means hens which have been in production of commercial eggs and have been removed from such production for slaughter.

(x) Products of spent fowl. “Products of spent fowl” means commercial products produced from spent fowl.

(y) Started pullet. “Started pullet” means a hen less than 20 weeks of age.

(z) Shell egg packer. “Shell egg packer” means any person grading eggs into their various qualities.

(aa) Egg breaker. “Egg breaker” means any person subject to the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) engaged in the breaking of shell eggs or otherwise involved in preparing shell eggs for use as egg products.

(bb) Nest run eggs. “Nest run eggs” means eggs which are packed as they come from the production facilities without having been sized and/or candled with the exception that some checks, dirties, or obvious undergrades may have been removed and provided further that the eggs may have been washed.