March 27, 2020

The Honorable Governor of State Capitol P.O. Box 12428 Austin, Texas 78711

Re: Request for Suspension of 4 TAC § 15.8

Dear Governor Abbott:

Pursuant to your March 13, 2020 Disaster Proclamation related to COVID-19, the Texas Department of Agriculture (TDA) requests that you suspend the requirements of Title 4, Part 1, Chapter 15, Section 15.8, regarding labeling requirements on retail egg cartons.

TDA requests suspension of this rule to respond the shortage of retail eggs available in supermarkets due to the Covid-19 Pandemic. The suspension of this requirement will allow eggs that have been crated for use by restaurants, which are currently in less demand, to be repacked for retail sale to the consumer. A current shortage of printed cartons for retail sale prevents distributors from repurposing restaurant eggs because the distributors lack the cartons that meet the labeling requirements set forth 4 TAC § 15.8.

Egg distributors require an immediate suspension of 4 TAC § 15.8 in order to meet the demand for eggs at the consumer retail level. There will be no harm to industry or the public because suspension of the rule will simply extend the channels of egg distribution as producers and distributors adjust to demand changes resulting from the pandemic and allow a smoother transition to normal labeling procedures once the pandemic ends. All other provisions Title 4, Part 1, Chapter 15 remain in effect, and TDA continues to actively administer and enforce the provisions of the Texas Egg Law.

If you have any questions regarding this matter, your office may contact Christina Osborn, TDA’s Director for Consumer Product Protection, at 361-655-0206, or via email at [email protected].

Sincerely,

Sid Miller Commissioner

April 3, 2020

Mr. James Grimm Mr. JC Essler Texas Poultry Federation 595 Round Rock W Dr STE 305 Round Rock, TX 78681

Dear Mr. Grimm and Mr. Essler,

Thank you for your email to the Texas Department of Agriculture (the Department) regarding concerns over labeling requirements on eggs sold in Texas.

I had previously requested a waiver of Title 4, Part 1, Texas Administrative Code, Section 15.8 regarding labeling requirements on retail egg cartons. The Governor’s office notified the Department on April 2, 2020 that he is suspending the labeling rule effective until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. With this rule suspension producers will be able to utilize egg cartons in the manner you described in your email to Mr. Freddy Vest on April 1, 2020.

If you have any questions, please contact Executive Administrator for Regulatory Affairs, Mr. Freddy Vest at [email protected], or Assistant Commissioner Dan Hunter at [email protected].

Sincerely,

Sid Miller Commissioner