Section 65.60  Advertising

a)         No person other than those persons who sell only nest run eggs produced by their own flocks shall sell, offer for sale or advertise for sale shell eggs as "fresh eggs", "hennery eggs", or "strictly fresh eggs", any eggs which do not meet the minimum requirements for consumer Grade A as prescribed in the Department standards for individual shell eggs (see 8 Ill. Adm. Code 65.220).

b)         No eggs shall be advertised or labeled as "organic eggs" or "fertile eggs", including but not limited to any other claims of unusual interior quality or superiority, until a statement of proof is submitted to the Director and inspection to confirm the claim is made.  An egg shall be considered a fertile egg when the ratio of roosters to hens is not less than 8 roosters per 100 hens.  An egg may be advertised as an organic egg when it has been certified organic by a USDA accredited certifying agency for having met all the conditions of the National Organic Program (7 CFR 205 (2000)).

c)         Eggs shall not be advertised when a price is stated or implied without also designating the correct grade and size.  In accordance with the provisions of Sections 7 and 17(a) and (b) of the Act and 8 Ill. Adm. Code 65.10, advertising information shall not be misleading or deceptive.  This subsection applies to all forms of advertising including, but not limited to newspaper, periodical, window, display case, radio, television, and handbill.

(Source:  Amended at 29 Ill. Reg. 14774, effective October 1, 2005)