(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 Title 25, Part 1, Chapter 228 of the Texas Administrative Code.
(d) Training retail employees. All employees of the retailer who replace eggs must be trained by the retailer on the approved procedure for replacement submitted by the retailer and the requirements of this section.
(e) Approval of egg replacement methods. A retail establishment must submit a written procedure for egg replacement to the department for approval that meets the requirements of this section.
(f) Record keeping requirements.
  (1) Records shall be maintained at the retail establishment of all eggs replaced in the previous 90 days. Records shall include:
    (A) date of replacement;
    (B) name of employee(s) conducting egg replacement;
    (C) name of packer and Texas egg license number on carton replaced;
    (D) grade and size of eggs replaced; and
    (E) number of dozen eggs replaced.
  (2) Documentation of training for each employee required by this section shall be maintained at the retail establishment.
  (3) All records required in this section shall be provided upon request to the department during normal business hours.

Source Note: The provisions of this §15.11 adopted to be effective July 6, 2009, 34 TexReg 4510; amended to be effective March 30, 2023, 48 TexReg 1621