(a) License required. A license must be obtained from the department by the following:      
        (1) any person who buys or sells eggs in this state for the purpose of resale;       
        (2) each separate facility where eggs are graded and/or stored, packed, or processed;       
        (3) any person who first establishes the grade, size, and classification of eggs offered for sale or sold in this state; and       
        (4) any egg broker.       
      (b) Exemptions. This section does not apply to:      
        (1) producers of eggs who sell only the production of their own flocks without claiming any egg grade or size and without engaging in any previously defined egg marketing activity which would cause them to lose their identity as a producer, except that these producers are required to identify their eggs as "Produced by (producer's name)" and give their addresses;       
        (2) a hatchery buying eggs exclusively for hatching purposes;       
        (3) a hotel, restaurant, or other public eating place where all eggs purchased are served by the establishment;       
        (4) a food manufacturer purchasing eggs for use only in the manufacture of food products, except for a person who operates a plant for the purpose of breaking eggs for freezing, drying or commercial food manufacturing;       
        (5) an agent employed and paid a salary by a person licensed under this chapter; and       
        (6) a retailer who sells eggs directly to consumers.       
     Source Note:        The provisions of this §15.2 adopted to be effective September 3, 1996, 21 TexReg 7965; amended to be effective March 30, 2023, 48 TexReg 1621