Federal registrations and records.
Subchapter II — Egg Facilities
Egg handling and storage facilities.
Egg handling rooms.
Subchapter III — Equipment and Utensils
Equipment and utensil requirements.
Cleaning and sanitizing equipment and utensils.
Subchapter IV — Egg Handling Operations
Egg cleaning and storage operations.
Candling; candling requirements.
Grading standards for chicken eggs.
Minimum tolerance standards.
Shell egg protection; egg shell oil.
Subchapter V — Packing and Labeling
Labeling of baluts.
Subchapter VI — Recordkeeping, Recall Planning, and Enforcement
Dealers buying eggs from producers; receipts.
Ch. ATCP 88 History
Chapter Ag 90 as it existed on June 30, 1974 was repealed and a new chapter Ag 90 created effective July 1, 1974; Chapter Ag 90 was renumbered ch. ATCP 88 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
. Chapter ATCP 88 as it existed on October 31, 1996 was repealed and a new chapter ATCP 88 was created effective November 1, 1996. Chapter ATCP 88 as it existed on April 30, 2015 was repealed and a new chapter ATCP 88 was created effective May 1, 2015.
ATCP 88.01 Definitions.
In this chapter:
“Ambient temperature" means the temperature of the air surrounding eggs or packages of eggs.
“Balut" means a fertile egg which is incubated for a period of time shorter than is necessary for hatching.
“Candling" means carefully examining, in a dark place, the interior and exterior of a whole egg that is placed in front of a strong light source.
“Check" means an egg that has a broken shell or crack in the shell but has intact shell membranes and no leaking of contents.
“Community-supported agriculture business" means a farm with which individuals contract to regularly receive two or more different agricultural products, which may include eggs, originating from the farm.
“Consumer" means an individual purchasing eggs which will be consumed by the individual, the individual's family, or the individual's non-paying guests.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Dirty" means an egg, with an unbroken shell, that has either of the following:
Prominent or moderate stains covering more than 1/32 of the shell surface area if localized, or 1/16 of the shell surface area if scattered.
“Egg" means the shell egg of the domestic chicken, Gallus gallus domesticus; turkey, duck, goose, guinea, or other avian species whose eggs are consumed by humans.
“Egg handler" means a person who washes, grades, sizes, candles, packages, stores, handles, or otherwise prepares eggs for sale, but does not include a person who handles nest-run eggs and otherwise prepares nest-run eggs for sale.
“Egg producer" means a person who sells eggs only laid by birds owned by that person.
“Egg sales route" means one or more residences inhabited by consumers who regularly buy eggs from an egg producer traveling to the residences.
“Farmers' market" means a common facility where two or more farmers or growers gather on a regular basis to sell raw agricultural commodities, eggs, and processed foods which they produce, directly to consumers.
“Federal egg grading act" means the agricultural marketing act of 1946, as amended (7 USC 1621
et seq.), and U.S. standards, grades, and weight classes for shell eggs issued under the act.
“Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable.
“Inedible egg" means an egg in which any of the following is present:
An embryo chick at or beyond the blood ring stage, unless such egg is classified as a balut.
“Leaker" means an egg that has a crack or break in the shell and shell membranes, to the extent that the egg contents are exposed or are exuding or free to exude through the shell.
“Loss" means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or is overheated, frozen, or contaminated.
“Nest-run" means eggs that do not receive more than minimal washing, and are not graded or candled before sale.
“Official egg products plant" means a place of business, regulated by the U.S. department of agriculture under the federal egg products inspection act, that manufactures egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products.
ATCP 88.01 Note
Note: A “package" of eggs is the retail package in which the eggs are sold to a consumer. A “package" is different from a shipping container.
“Packing" means placing eggs into a package or shipping container.
“Person" means an individual, corporation, partnership, limited liability company, cooperative, association, or other business entity.
“Restricted egg" means any egg that is a check, dirty, incubator reject, inedible, leaker, or loss.
“Shipping container" means any box, case, rack, or other container used to distribute packages of eggs, or bulk or loose eggs, to a seller or institutional purchaser of eggs.
“Storage" means the holding of eggs before sale for longer than 24 hours.
“U.S. Consumer Grade B" means eggs which are, on the basis of a sample obtained in accordance with 7 CFR 56.4
, at least 90 percent grade B quality or better, of which not more than 10 percent are checks and not more than 0.50 percent (at origin) or 1 percent (at destination) are leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.
“U.S. standards, grades, and weight classes for shell eggs" means standards maintained by the agricultural marketing service of the U.S. department of agriculture and published in U.S. Standards, Grades, and Weight Classes for Shell Eggs
(AMS 56), July 20, 2000.
ATCP 88.01 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (6) made under s. 35.17, Stats., Register April 2015 No. 712; numbering corrections in (17), (18), (29), (30) made under s. 13.92 (4) (b) 1., Stats., Register April 2015 No. 712. ATCP 88.02(1)
Food processing plant license required.
Except as provided under sub. (2)
, no egg handler may conduct egg handling activities, including sales of eggs to a licensed egg handler, retail food establishment, food processing plant, or community-supported agriculture business, without a valid license issued by the department for a food processing plant under s. 97.29
, Stats. The license holder shall meet all requirements of s. ATCP 70.03
(2) License exemptions.
A food processing plant license is not required under s. 97.29
, Stats., or this section, for:
An egg producer collecting, packing, and storing eggs from a flock of not more than 150 laying birds and who only sells the eggs directly to consumers at the premises where the eggs were laid, a farmers' market, or on an egg sales route. The eggs may or may not be washed, candled, and graded, and shall be labeled as ungraded and uninspected, and packages containing the eggs shall have the seller's name, address, pack date, and a “sell-by" date not more than 30 days after the pack date on them.
An egg producer collecting, packaging, and storing nest-run eggs from a flock of laying birds owned by the producer and who is registered with the department under sub. (4)
, and who sells the nest-run eggs to an egg handler. The producer shall not sell obviously restricted eggs.
(3) Food warehouse license required.
No egg producer or egg handler may receive eggs from another egg producer or egg handler and store the eggs for more than 24 hours before selling them without a valid license issued by the department for a food warehouse under s. 97.27
An egg producer, exempt from food processing plant licensing requirements under sub. (2) (b)
, shall register with the department before selling eggs. Registration may occur in any license year ending March 31, and the registration expires at the end of the license year. Registration shall be in writing on a form provided by the department or online at http://datcp.wi.gov
. There shall be no fee to register.
(5) Retail food establishment license.
Except for egg producers selling eggs directly to consumers at the egg producer's premises or as part of a community-supported agriculture business operated by the egg producer, no egg producer may sell eggs directly to consumers, including sales at a farmers' market or on an egg sales route, without a valid license issued by the department for a retail food establishment under s. 97.30
, Stats. The license holder shall meet all requirements of s. ATCP 75.03
ATCP 88.02 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15. ATCP 88.04
ATCP 88.04 Federal registrations and records. ATCP 88.04(1)(a)(a)
An egg producer, licensed or registered with the department, shall also be registered with the U.S. food and drug administration, if required under 21 CFR 118.11
of the federal egg safety rule.