(a) This act shall be known and may be cited as the Kansas egg law.

(b) For the purposes of this act:

(1) “Eggs” mean eggs in the shell that are the product of the domesticated chicken, turkey, goose, guinea and any other eggs offered for sale for human consumption. Eggs shall not include balut;

(2) “person” means all individuals, firms, associations, partnerships and corporations;

(3) “department” means the Kansas department of agriculture;

(4) “secretary” means the secretary of agriculture or the secretary’s authorized representative;

(5) “consumer” means a person who buys or otherwise acquires eggs for personal consumption and not for resale;

(6) “container” means any box, case, basket, carton, sack, bag or other receptacle;

(7) “ambient temperature” means the air temperature maintained in an egg storage facility or transport vehicle;

(8) “balut” means a food derived from fertile eggs, generally chicken or duck eggs, which are incubated for a period of time shorter than is necessary for hatching;

(9) “candling” means the careful examination of each shell egg and the elimination of those eggs determined unfit for human consumption;

(10) “expiration date” means the date the eggs are to be removed from sale;

(11) “food purveyor” means state institutions, military or federal installations, retailers, restaurants, cafes, cafeterias, hotels, institutions or other places where eggs are served in the shell or broken out for immediate consumption or where any foods containing eggs are sold;

(12) “graded egg” means an egg which is classified in accordance with the standards established by the Kansas department of agriculture, taking into consideration the size or weight, quality factors, interior and exterior, including condition of white and yolk, the size and condition of the air cell and cleanliness and soundness of shell;

(13) “identity” means types of eggs other than chicken eggs such as turkey, duck, guinea and other eggs;

(14) “last handler” means any person who sells, offers or exposes for sale or distributes eggs to retailers or food purveyors;

(15) “pack date” means the date the eggs were packed which shall be expressed in terms of the month and day or as a julian date;

(16) “packer” means any person who grades, sizes, candles and packs eggs for purpose of sale;

(17) “producer” means any person who exercises control over the production of eggs and disposes of eggs from the output of a flock owned by such person;

(18) “repackaging eggs” means packaging eggs in another carton or container other than the carton in which the eggs were first packed; and

(19) “retailer” means any person selling or offering eggs for sale to consumers and not for resale.