Nevada County Picayune and Gurdon Times Newspaper Archive

Eggs Result In Fine For Local Restaurant

For the third time in 12 months, the Davis Cafe has been cited for using ungraded eggs in the restaurant.

According to Danny Hughes, poultry and egg division director with the Arkansas Livestock and Poultry Commission, Larry Davis, owner of Davis Cafe, was using eggs purchased from an individual with chickens, not eggs inspected and graded by federal authorities.

"He's been fined twice before," Hughes said, "and apparently hasn't got the message."

Hughes said he has been in contact with local authorities to get a warrant served in the case.

However, he said the Livestock and Poultry Commission does not have the authority to close the restaurant because of this infraction. But, he continued, the Arkansas Department of Health does have the power to shut the Davis Cafe down if the situation is not resolved.

Davis says the problem stems from him and an inspector "getting crossways" with one another during an inspection.

He said the inspector found eggs the wrong size in the kitchen and told him to get rid of all the eggs he had. Davis refused.

But, Davis admits to purchasing the eggs from a Trudy Wilson, who, he said, lives in the Suckle Lake area. He said she has about 25 laying hens which produce eggs.

Davis said the last time he bought eggs from Wilson, four flats, each with 2.5 dozen eggs (120 eggs in all), were purchased at 50 cents per dozen.

According to Davis, he buys the eggs from Wilson so she can buy feed for her chickens.

He said there is a law on the books which says someone with 200 birds or less doesn't need a grading inspection permit.

"It's confusing," he said. "Somebody needs to explain the rules to me. The inspector couldn't explain nothing to me."

Davis admits he has been to court on the issue before, but said he was fined for not telling where he bought the eggs.

Hughes said Davis has been fined more than once, though. The first time the eggs were found at the cafe, Davis was warned, Hughes said.

The second offense resulted in a $150 fine, while the last time it occurred a fine of $300 was levied.

The problem, Hughes said, is Davis refused to quit using the non-graded eggs.

He agrees the law stating a person with 200 birds or less doesn't need a graded inspection permit is there, but said it only applies to eggs for resale, not for use in restaurants.

According to Hughes, when the inspector went to the Davis Cafe recently, the eggs found were dirty and some had chicken manure on them.

"This is a health risk," Hughes said. "The eggs with the litter on them were broke over the grill or a pan. The manure on the shell could get in the eggs.

"This," he continued, "is a prime source for salmonella, and why a source of clean, inspected eggs is needed."

Hughes said the commission has been trying to get rid of the 1969 Arkansas Egg Marketing Act since 1985, but has been unsuccessful so far.

Under this act, he said, producers can sell eggs to grocery stores or convenience stores for resale. However, these eggs must be clean and packaged. Other company's egg cartons can be used as long as the company name and all other information has been removed. Additionally, the word "ungraded" must appear on the package. The name and address of the producer must also be legible on the package.

Another restaurant in Prescott was charged for buying stolen eggs, Hughes said, adding these eggs are normally of good quality.

In stealing eggs, a producer agrees to raise laying hens for a company, with the company providing the birds and feed. The producer is responsible, then, for tending to the birds and gathering the eggs.

The producer is paid a specified rate per dozen for the eggs produced. However, it is considered stealing when the producer sets eggs aside and doesn't let the company know about them, selling them on their own for a greater profit.

The Davis Cafe, Hughes and Davis both said, is not charged with buying stolen eggs.

Restaurants, Hughes said, are allowed to use eggs grade B or better. But, he said, the eggs used must be clean and graded. There are no exceptions.

"I haven't been charged with anything this time so far," Davis said. "I have never been cited by the Arkansas Department of Health.

"This is getting out of hand, and I wish there was something I could to stop it. It's a bad situation all around."

The Davis Cafe has been in operation since 1945.