The Except as provided in section 636, the standards of quality for Maine consumer grades for shell eggs, Grade AA, Grade A and Grade B, that are or may be established by the commissioner, shall apply to all shell eggs sold or offered for sale. The final determination of the grades shall be is made by candling.

Sec. 30. 7 MRSA §635-A is enacted to read:

§635-A.__Prohibition on sale of restricted eggs

A person may not sell restricted eggs except that an egg producer or packer may sell restricted eggs on that producer's or packer's premises directly to a household consumer for use by that consumer and members of the consumer's household and the consumer's nonpaying guests and employees.

Sec. 31. 7 MRSA §636, as repealed and replaced by PL 1973, c. 48, §5, is repealed and the following enacted in its place:

§636.__Exemptions

1.__Direct sales to consumers.__Producers selling eggs of their own production direct to consumers are exempt from sections 631-A to 635 for those sales.

2.__Eggs shipped for wholesale sale.__An egg producer may ship eggs to a wholesaler or to another shipper without labeling and grading the eggs in accordance with sections 631-A to 635.__When an egg producer ships eggs that are marked as to grade and size, the labeling must be accurate and comply with the standards of this subchapter and rules adopted pursuant to section 631-A.

Sec. 32. 7 MRSA §637, first ¶, as amended by PL 1977, c. 696, §66, is further amended to read:

The commissioner shall have authority to administer sections 631 to 639 643 and to may adopt, in a manner consistent with the Maine Administrative Procedure Act, uniform rules and regulations for such administration. The commissioner may recover the forfeitures fines imposed for violations of section sections 631 to 639 643 in a civil action brought in his own the commissioner's name, with the venue to be as in other civil actions, and if he prevails prevailing in that action, the commissioner shall recover full costs.