26. (1) Subject to subsection (2) and section 27, no person shall export eggs unless

(a) the eggs have been prepared in a registered egg station;

(b) the eggs meet the requirements of one of the grades established by these Regulations; and

(c) a Certificate of Inspection, signed by an inspector, has been issued in respect of the eggs.

(2) Subsection (1) does not apply in respect of a shipment of eggs that

(a) is of 24 cases or fewer;

(b) is part of an emigrant’s effects; or

(c) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof.

SOR/90-110, s. 5.

27. Eggs that do not meet the requirements of these Regulations in respect of grade, packing or marking may be exported if

(a) the shipper provides a signed statement

(i) confirming that the container and markings comply with the requirements of the importing country, and

(ii) setting out the quality specifications of the contract under which the eggs are being exported;

(b) the label affixed to the container does not misrepresent the quality, quantity, characteristics, safety or nutritional value of the eggs; and

(c) a Certificate of Inspection, signed by an inspector, has been issued in respect of the eggs.

SOR/81-1007, s. 11; SOR/90-110, s. 5; SOR/95-250, s. 4.

28. A Certificate of Inspection shall be presented at the port of exit of eggs when demanded by an inspector or a customs officer.

SOR/81-1007, s. 12; SOR/90-110, s. 5.

29. Subject to section 30, no person shall convey eggs from one province to another province unless the eggs

(a) meet the requirements of one of the grades established by these Regulations;

(b) are packed and marked as prescribed by these Regulations; and

(c) have been prepared in a registered egg station.

SOR/90-110, s. 5.

30. (1) No person shall convey from one province to another province, except to a registered processed egg station in that other province, eggs that

(a) are graded Canada A or Canada B and bear a dye-mark; or

(b) are graded Canada C.

(1.1) Eggs that are graded Canada Nest Run may be conveyed from one province to another province if the eggs are conveyed to a registered processed egg station or a registered egg station in that other province.

(2) Ungraded eggs, other than rejects, may be conveyed from one province to another province if the eggs are packed in a container bearing the words “Ungraded Eggs” or “Oeufs non classés” and are conveyed to a registered processed egg station or registered egg station in that other province.

(3) Eggs that are imported into Canada having the grade designation Grade C or Grade Nest Run may be conveyed from one province to another province if those eggs are conveyed to a registered processed egg station in that other province.

(4) Ungraded eggs that are imported pursuant to subsection 31(3) into Canada may be conveyed from one province to another province if those eggs are conveyed to a registered processed egg station in that other province.

(5) Eggs that are rejects may be conveyed from one province to another where the eggs are not intended for human consumption.

SOR/81-1007, s. 13; SOR/87-584, s. 2; SOR/90-110, s. 5; SOR/92-70, s. 7; SOR/95-250, s. 5; SOR/97-151, s. 2(E); SOR/2006-193, s. 14.

31. (1) Subject to subsections (2) and (3), no person shall import any eggs into Canada unless

(a) the eggs originated in a country that has grade requirements and a system of inspection substantially equivalent to those prescribed by these Regulations;

(b) the eggs meet the grade designation marked on the container and the requirements established by these Regulations for eggs of the equivalent Canadian grade;

(c) the eggs have been prepared under conditions substantially equivalent to those prescribed by these Regulations;

(d) in the case of eggs having the grade designation Grade A, the eggs have marked on the container the size designation as set out in Schedule III;

(e) the container of eggs bears a label marked with the words “Product of” and “Produit de” followed by the name of the country of origin;

(f) the eggs are packed and marked in accordance with these Regulations;

(g) in the case of eggs having the grade designation Grade C or Grade Nest Run, the eggs are conveyed to a registered processed egg station;

(h) in the case of pasteurized eggs, the information set out in paragraph 7(2)(h) has been submitted in advance to the Executive Director; and

(i) the eggs are accompanied by inspection documentation, for presentation to an inspector at the point of inspection, that verifies that the requirements set out in paragraphs (a) to (d) and, if applicable, paragraph (h) have been met.

(2) Subsection (1) does not apply in respect of a shipment of eggs that

(a) is of one case or less and is not intended for sale in Canada;

(b) is part of an immigrant’s effects;

(c) is of five cases or less and is intended for use in analysis, evaluation, testing or research or in a national or international food exhibition;

(d) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof; or

(e) is imported from the United States onto the Akwesasne Reserve for use by an Akwesasne resident.

(2.1) Paragraph (2)(e) does not apply in respect of a shipment of eggs that is conveyed to Canada from another country through the United States.

(2.2) For the purpose of paragraph (2)(e), “Akwesasne resident” means an individual who has established permanent residence on the Akwesasne Reserve.

(3) Subject to section 5 of the Export and Import Permits Act, subsection (1) does not apply to a person who imports into Canada ungraded eggs solely for direct delivery to a registered processed egg station for processing if

(a) prior to importation, the importer informs the Executive Director in writing of the quantity of ungraded eggs to be imported and the date of importation and identifies the registered processed egg station to which the eggs are to be delivered; and

(b) the eggs are packed in a container that

(i) is clean, as defined in section 13,

(ii) is dry and sound in construction,

(iii) is marked with the words “Ungraded Eggs” or “Oeufs non classés”, and

(iv) has marked on it the place and country of origin of the eggs.

(4) Every person who imports into Canada ungraded eggs pursuant to subsection (3) shall deliver the eggs or have them delivered directly to the registered processed egg station identified to the Executive Director pursuant to paragraph (3)(a).

(5) No person shall convey ungraded eggs imported into Canada pursuant to subsection (3) except to the registered processed egg station identified to the Executive Director pursuant to paragraph (3)(a).

(6) No person shall convey from a registered processed egg station any ungraded eggs imported into Canada pursuant to subsection (3) unless those eggs are processed eggs.

SOR/81-1007, s. 14; SOR/90-110, s. 5; SOR/92-3, s. 1; SOR/92-70, s. 8; SOR/95-250, s. 6; SOR/2000-184, s. 4; SOR/2003-6, s. 1; SOR/2006-193, s. 15.

32. (1) No person shall import into Canada eggs that do not meet the requirements of these Regulations.

(2) An inspector may determine by inspection and analysis whether eggs that were imported into Canada and seized and detained under section 23 of the Act at the time of entry into Canada meet the grades prescribed by these Regulations.

(3) No person shall remove, sell or otherwise dispose of any eggs that are subject to inspection and analysis under subsection (2) unless a notice of release is issued in respect of the eggs by an inspector.

(4) A person who imports ungraded eggs into Canada shall furnish an inspector, without charge, with such samples of imported eggs as may be required by the inspector for an inspection and analysis referred to in subsection (2).

(5) A report containing the results of an inspection and analysis of a sample referred to in subsection (4) shall be mailed or delivered to the person who imported the eggs.

SOR/81-1007, s. 15; SOR/90-110, s. 5.

33. (1) Where an inspector seizes and detains eggs or any other thing pursuant to section 23 of the Act, the inspector shall affix to the container of the eggs or other thing a detention tag on which the following are clearly marked:

(a) the words “UNDER DETENTION” and “RETENU”, in bold-face letters;

(b) an identification number;

(c) a description of the eggs or other thing;

(d) the reason for the seizure and detention;

(e) the date of the seizure and detention; and

(f) the name of the inspector, in block letters, and the signature of the inspector.

(2) No person shall alter, deface or remove a detention tag affixed to a container of eggs or to any other thing unless the person is authorized to do so by an inspector.

SOR/81-1007, s. 16; SOR/90-110, s. 5.

34. (1) An inspector shall, after detaining eggs or any other thing in accordance with subsection 33(1), forthwith deliver or mail a notice of detention

(a) to the person having the care or custody of the eggs or other thing at the place where it was seized and to the person having the care or custody of the eggs or other thing at the place where it is being detained;

(b) to the owner of the eggs or other thing that was seized, or to the owner’s agent; and

(c) where the eggs or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the eggs or other thing at that other place.

(2) A notice of detention referred to in subsection (1) shall state that the eggs or other thing was seized and detained pursuant to section 23 of the Act and shall set out

(a) the detention tag identification number;

(b) a description of the eggs or other thing;

(c) the reason for the seizure and detention;

(d) the date of the seizure and detention;

(e) the name of the inspector, in block letters, and the signature of the inspector;

(f) the place of detention; and

(g) the telephone number to call for further information in respect of the seizure and detention.

SOR/90-110, s. 5.

35. Eggs or any other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the eggs or other thing.

SOR/90-110, s. 5.

36. Where an inspector determines that detained eggs or any other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the eggs or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of the notice of detention referred to in subsection 34(1) was delivered or mailed.

SOR/90-110, s. 5.

37. Eggs or any other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the eggs or other thing is made by that court, the eggs or other thing shall be disposed of in the following manner, namely,

(a) in the case of eggs that are edible, they shall be

(i) sold and the proceeds deposited to the credit of the Receiver General, or

(ii) donated to a charitable institution;

(b) in the case of eggs that are inedible, they shall be sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister; and

(c) in the case of a thing other than eggs, it shall be sold and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister.

SOR/90-110, s. 5.

38. Eggs forfeited under subsection 30(2) of the Act shall be disposed of in the following manner, namely,

(a) in the case of eggs that are edible, they shall be

(i) sold and the proceeds deposited to the credit of the Receiver General, or

(ii) donated to a charitable institution; and

(b) in the case of eggs that are inedible, they shall be sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or otherwise disposed of in a manner acceptable to the Minister.

SOR/90-110, s. 5.

1. (1) to (1.3) [Repealed, SOR/90-299, s. 11]

(2) An egg may be graded as Canada A if, in addition to meeting the requirements set out in section 4 of these Regulations,

(a) the egg shows on candling

(i) a reasonably firm albumen,

(ii) an indistinct yolk outline,

(iii) a round yolk that is reasonably well centered, and

(iv) an air cell that is not in excess of 5 mm in depth, and

(b) the shell

(i) has not more than three stain spots, the aggregate area of which does not exceed an area equivalent to 25 mm2 and the shell is otherwise free of dirt and stain,

(ii) is normal or nearly normal in shape but may have rough areas and ridges other than heavy ridges, and

(iii) is uncracked.

(2.1) Notwithstanding subsection (2), where an inspector, before grading, inspects a sample from a lot, the eggs in that lot shall not be graded as Canada A unless the sample meets the following standards:

(a) the quality factor of albumen firmness of the eggs in the sample averages 67 Haugh units or higher;

(b) the sample does not contain more than

(i) 10% of eggs with cracked shells,

(ii) 5% of eggs with dirt on the shells where the dirt on the shell is more than 160 mm2 in size but covers less than 1/3 of the area of the shell,

(iii) 2.5% of eggs with dirt on the shells where the dirt covers 1/3 or more of the area of the shell,

(iv) 5% of eggs with stains on the shells where the stains cover more than 1/2 the area of the shell,

(v) 10% of eggs with rough, ridged or misshapened shells,

(vi) 5% of eggs with an air cell in excess of 5 mm in depth, and

(vii) 2.5% of eggs that are leakers; and

(c) the sample does not contain more than a total of 15% of eggs described in subparagraphs (b)(i) to (vii).

(3) An egg may be graded as Canada B if, in addition to meeting the requirements set out in section 4 of these Regulations,

(a) the egg

(i) weighs at least 49 g,

(ii) does not meet the requirements for the grade Canada A, and

(iii) is uncracked; and

(b) the egg

(i) shows on candling a distinct yolk outline,

(ii) shows on candling a yoke that is moderately oblong in shape and that floats freely within the egg when twirled,

(iii) shows on candling a very slight degree of germ development,

(iv) shows on candling an air cell not in excess of 9 mm in depth,

(v) shows stain spots on the shell, if the aggregate area of the stain does not exceed 320 mm 2 and the shell is otherwise free of dirt, or

(vi) has a shell that is slightly abnormal in shape and has rough areas and definite ridges.

(4) An egg may be graded as Canada C if, in addition to meeting the requirements set out in section 4 of these Regulations,

(a) the egg is free from dirt;

(b) the egg

(i) shows on candling a prominent yolk outline,

(ii) shows on candling a yolk that is definitely oblong in shape but does not adhere to the shell membrane,

(iii) shows on candling meat spots or blood spots not in excess of 3 mm in diameter,

(iv) shows stain spots on the shell, the aggregate area of which does not exceed 1/3 of the shell surface of the egg, or

(v) has a shell that is cracked, if the internal contents are not leaking; and

(c) the egg is conveyed to a registered processed egg station.

(5) Subject to subsection (6), an egg may be graded Canada Nest Run if the egg

(a) meets the requirements set out in section 4 of these Regulations; and

(b) is conveyed to a registered egg station or a registered processed egg station.

(6) Notwithstanding subsection (5), eggs in a lot shall not be graded as Canada Nest Run unless the lot meets the following standards:

(a) the lot does not contain more than

(i) 10% of eggs with cracked shells,

(ii) 5% of eggs with dirt on the shells where the dirt is more than 160 mm2 in size, and

(iii) 3% of eggs that are leakers or rejects; and

(b) the lot does not contain more than a total of 15% of eggs described in paragraph (a).

 SOR/81-1007, s. 17; SOR/83-919, s. 1; SOR/85-1130, s. 1; SOR/90-299, ss. 11, 17(F); SOR/92-12, s. 8; SOR/92-70, s. 9; SOR/98-131, s. 11; SOR/2006-193, s. 16.

MAPLE LEAVES DEPICTING CANADA A AND CANADA B GRADE EGGS AND WORDS IN LARGE CHARACTERS DEPICTING OTHER GRADES

GRAPHIC IS NOT DISPLAYED, SEE SOR/92-70, S. 10.

 SOR/90-299, s. 12; SOR/92-70, s. 10.

Eggs graded as Canada A shall be designated as Jumbo Size, Extra Large Size, Large Size, Medium Size, Small Size or Peewee Size in accordance with the following table:

 SOR/81-1007, s. 18; SOR/83-919, s. 2; SOR/90-299, s. 13; SOR/92-70, s. 11; SOR/98-131, s. 12; SOR/2006-193, s. 17.

1. [Repealed, SOR/92-12, s. 9]

2. (1) [Repealed, SOR/2006-193, s. 18]

(2) When eggs are inspected at a place other than where they were graded or packed, not more than 10 per cent of the total number of eggs examined may be undergrade and not more than seven per cent of the total number of eggs examined may be undergrade by reason of causes other than cracked shells.

(3) Where eggs are inspected on the premises of a retailer, the depth of the air cell shall not be taken into account in determining undergrades.

(4) This section does not apply to eggs graded Canada C or Canada Nest Run or having the grade designation Grade C or Nest Run.

3. Not more than five per cent of the eggs graded Canada C or having the grade designation Grade C may show stain spots that exceed one third of the shell surface of each of the eggs.

SOR/81-1007, s. 19; SOR/90-299, ss. 14, 15; SOR/92-12, s. 9; SOR/98-131, s. 13; SOR/2006-193, s. 18.