2-2508.   Licensure of place of business, fee,exemptions; record retention.(a) Any person selling, offering or exposing forsale or distributing or grading eggs in this state shall first obtain a licensefor such person's place of business from the secretary. A writtenapplication forsuch license or a renewal of such license shall bemade on a formsupplied by the secretary and shall include payment of anannual license fee to be set byrules and regulations adopted by the secretary, except that such license feeshall not exceed $25. Each license shall expireon December 31 of the year in which issued.Licenses shall not be transferable and shall be posted conspicuously at theplace of business for which the license was issued so that the license may beseen by the public and by inspectors of the department of agriculture at anytime during business hours. Before any license is renewed, the previous year'slicensing fees and, when applicable, inspection fees shall be paid. Any personselling eggs without the required license shall be subject to having the eggsremoved from sale until a license is obtained.

      (b)   Retailers and food purveyors shall be exempt from the licensing feerequirement of subsection (a), but shall be subject to all other requirementsof the Kansas egg law.

      (c)   Licensees and any person required to be licensed under the provisions ofthis act shall keep and retain for three years such records required to verifythe quantity of eggs bought, sold, offered for sale or distributed in thisstate.Such records shall be available for inspection by the secretary at allreasonable times.

      (d) (1)   A producer of eggs when selling ungraded eggs of the producer'sownflock production is exempted from the provisions of this act if: (A) Theproducer owns 50 or fewer hens; or

      (B) (i)   The producer owns more than 50 hens but fewer than 250 hens;

      (ii)   eggs are washed and clean;

      (iii)   eggs are prepackaged and labeled as ungraded with the name and addressofthe producer;

      (iv)   cartons are not reused unless all brand markings and otheridentificationis obliterated and the carton is free of foreign material;

      (v)   sales are to consumers only; and

      (vi)   eggs are maintained at a temperature of 45° Fahrenheit orbelow.

      (2)   If such producer desires to sell graded eggs, the producer shallbepermitted to do so if in compliance with this act.

      History:   L. 1955, ch. 9, § 8;L. 1971, ch. 7, § 3;L. 2000, ch. 57, § 8;L. 2006, ch. 90, § 6; July 1.