Sec. 162.16. Egg standards

(a) General.

New York State Seal of Quality eggs must be produced and packed in New York State.

(b) Quality.

Seal of Quality eggs shall consist of a combination of Grades AA and A quality eggs. Eggs will be graded according to the U.S.D.A. Regulations Governing the Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, (7 CFR part 56). Additionally, each lot of eggs shall meet the following requirements:

(1) Eggs identified with NYS Grade AA, US Grade AA or Grade AA.

(i) Origin. Each lot shall contain at least 87 percent AA quality eggs. Each sample case shall contain at least 77 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination except that, within the tolerance for B quality not more than one percent are B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than five percent checks are permitted. No individual sample case may contain more than nine percent checks.

(ii) Destination. Each lot shall contain at least 72 percent AA quality eggs. Each sample case shall contain at least 62 percent AA quality eggs. In the remaining tolerance of 28 percent, at least 10 percent shall be A quality and the remainder B quality, except that, within the tolerance for B quality not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; and not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than seven percent checks are permitted. No individual sample case may contain more than 10 percent checks.

(2) Eggs identified with NYS Grade A, US Grade A, or Grade A.

(i) Origin. Each individual sample case and each lot shall contain a minimum of 50 percent AA quality eggs. The remainder of the eggs in the lot shall be A quality within which a tolerance of 10 percent of the eggs may be below A quality provided not more than one percent are B quality due to air cells over 3/8 inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than five percent checks are permitted. No individual sample case may contain more than nine percent checks.

(ii) Destination. Each individual sample case and each lot shall contain a minimum of 33 ⅓ percent AA quality eggs. The remainder of the eggs in the lot shall be A quality within which a tolerance of 15 percent of the eggs may be below A quality provided not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; and not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than seven percent checks are permitted. No individual sample case may contain more than 10 percent checks.

(c) Sanitizing.

(1) Washed eggs shall be spray rinsed with warm water containing an approved sanitizer of not less than 50 ppm nor more than 200 ppm of available chlorine or its equivalent.

(2) Test kits shall be used by all packers to determine the strength of the sanitizing solution.

(d) Packing.

(1) Seal of Quality eggs must meet the weight classes as set forth in section 56.218 of title 7 of the Code of Federal Regulations for extra large, large, medium and small. Jumbos are not permitted under the Seal of Quality program.

(2) Eggs packed under the Seal of Quality shall not be mixed as to color.

(3) All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(e) Markings.

(1) All cartons or cases of eggs packaged or offered for sale under Seal of Quality must have affixed the official seal designation.

(2) All eggs packed under the Seal of Quality program must have an expiration date placed on cartons. The expiration date must not exceed 30 days from day of pack (including day of pack). The permit number or the U.S.D.A. plant number of the actual packer must also appear on cartons.