This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:37 GMT
(a) Replacement requirements. A retailer approved by the department in accordance with this section and operating under the conditions of a compliance agreement, may replace missing or damaged eggs provided:(1) only eggs of the same packer, as evidenced by the license number printed or stamped on the carton or container, are used for replacement;(2) only eggs of the same grade and size, as evidenced by the label on the carton or container, are used for replacement;(3) only eggs with the same expiration date, lot code, or Julian date, as evidenced by the label or stamp on the carton or container, are used for replacement;(4) only eggs from the same brand, as evidenced by the label, are used for replacement eggs;(5) eggs adjacent to eggs that have leaked into the carton or container and are in contact with the spilled egg content shall not be used as replacement eggs; and(6) only eggs that are visibly clean with no prominent stains, adhering dirt, debris, fecal matter, or other foreign material are used for replacement.(b) Cartons or containers used for egg replacement.(1) Cartons or containers containing eggs with broken shells that cause the egg white or yolk to spill into the carton or container shall not be used for replacement and must be removed from sale.(2) Cartons or containers used for replacement must be from the original packer and must comply with the labeling requirements in §15.8 of this chapter (relating to Labeling Requirements).(c) Sanitation during egg replacement. Eggs shall be replaced in the refrigerated display case or removed from the refrigerated display and replaced in an area where the temperature is at or below 45 degrees Fahrenheit, provided:(1) the replacement area is clean and free of contaminants;(2) a cart or table approved for food preparation is used during replacement; and(3) replacement is performed in compliance with any applicable rules pertaining to food replacement in food establishments of