Section 370IAC1-12-2. Permits and fee structure

   (a) Every wholesaler or retailer selling eggs shall, before July 1 of each year, file with the state egg board a statement setting forth the fact that the wholesaler or retailer desires to sell eggs. The statement shall designate:

(1) the name of the wholesaler or retailer desiring to register the location of the wholesaler's or retailer's principal office; and

(2) any location where eggs are stored or distributed if that location is different from the principal office.

  (b) The state egg board shall require and collect from each retail store or unit of retailing a fee based upon the average number of cases of eggs sold each week during the preceding calendar year, as follows:

	Farmers Market Retailer	$20
	Cases/Week
	< 5	$30
	5 – 50	$50
	>50	$100

  (c) The state egg board shall require and collect from each wholesaler or distribution facility at the time of registration a fee based upon the average number of cases of eggs sold to retailers, hotels, restaurants, hospitals, nursing homes, schools, or state or federal institutions each week during the preceding calendar year, as follows:

	Cases/Week
	<5	$50
	>5 – 250	$90
	>250 – 500	$120
	>500 – 1,000	$150
	>1,000	$200

  (d) The state egg board shall require and collect from each wholesaler or distribution facility at the time of registration a deposit equal to the product obtained by using a:

(1) multiplier of eleven cents ($0.11); and

(2) multiplicand that is the number of cases of eggs sold in that quarter of the immediately preceding five (5) calendar quarters in which the highest number of cases of eggs were sold by the wholesaler or distribution facility to:

(A) retailers;

(B) hotels;

(C) restaurants;

(D) hospitals;

(E) nursing homes;

(F) schools; or

(G) state or federal institutions.

However, if the entity does not have a five (5) quarter history, the state egg board shall fix the deposit at a reasonable amount, as determined by wholesaler's or distributor's quarterly sales projections.

  (e) All registered wholesalers or distribution facilities must make application to the state egg board for a permit to report the case volume of eggs sold in Indiana and submit a fee of eleven cents ($0.11) for each thirty (30) dozen eggs or a fraction of that number of the volume reported. In applying for a permit, the applicant must agree to do the following:

(1) Keep records the state egg board considers necessary to indicate accurately the case volume of eggs sold in Indiana.

(2) Grant the state egg board permission to:

(A) examine those records; and

(B) verify the statement of the number and grade of eggs reported.

(3) Report under oath to the state egg board, on forms furnished by the state egg board, the number of eggs reported during the period covered.

  (f) Registered wholesalers who distribute fewer than five (5) cases per week, based upon the average number of cases of eggs sold to:

(1) retailers;

(2) hotels;

(3) restaurants;

(4) hospitals;

(5) nursing homes;

(6) schools; or

(7) state or federal institutions;

each week during the preceding calendar year, are not required to pay the deposit in subsection (d) or the case volume fees in subsection (e). They are required to report monthly volumes of eggs sold on a semiannual basis.

  (g) Should a farmers market retailer choose to distribute fewer than five (5) cases of eggs per week of their own production to retailers, hotels, restaurants, hospitals, nursing homes, schools, or state or federal institutions, the following combination permit will be available:

Farmers Market Retailer/Wholesaler

$50

(State Egg Board; 370 IAC 1-12-2; filed Aug 27, 2010, 12:08 p.m.: 20100922-IR-370090808FRA; readopted filed Aug 21, 2015, 10:57 a.m.: 20150916-IR-370150168RFA)

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