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.
An egg producer or egg handler who grades and packs eggs for the ultimate consumer, and is licensed with the department, shall also be registered with the U.S. department of agriculture, if required under 7 CFR 57.690
of the federal egg products inspection act.
Egg handlers who receive eggs from producers who own 3,000 or more laying birds shall maintain records verifying that those producers have registered with the U.S. food and drug administration as required by the federal egg safety rule.
An egg handler who sells eggs from a flock of 3,000 or more laying birds directly to the consumer shall register with the U.S. department of agriculture as required by the federal egg products inspection act.
ATCP 88.04 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712. ATCP 88.06
ATCP 88.06 Egg handling and storage facilities. ATCP 88.06(1)(1)
Construction and maintenance; general.
Buildings and facilities used in the operation of an egg handling facility shall be of sound construction, and shall be capable of being maintained in a clean and sanitary condition. The interior and exterior portions of an egg handling facility, and the premises on which the egg handling facility is located, shall be kept free of unhealthful or unsanitary conditions, and shall be maintained in compliance with this chapter. The premises surrounding an egg handling facility shall be well drained and shall be kept in a clean and orderly condition. The premises shall be kept free of accumulations of trash, garbage, and other potential health nuisances.
(2) Floors, walls, and ceilings.
Floors, walls, and ceilings in an egg handling facility shall be kept clean and in good repair. Floors, walls, and ceilings in egg handling areas, toilet rooms, and areas used for the cleaning or storage of equipment or utensils shall be constructed of smooth, impervious, and easily cleanable materials. This does not prohibit the use of easily cleanable anti-slip floors. Walls and ceilings in egg handling areas shall be light colored. The junctions of walls and floors in egg handling areas shall be coved to facilitate cleaning. Floors which are waterflushed for cleaning, or on which water or fluid wastes are discharged, shall have an adequate number of floor drains and be adequately sloped to ensure proper drainage to the floor drains.
(3) Doors and windows.
Doors, windows, skylights, transoms, and other openings to the outside shall be tight-fitting, free of breaks, and effectively screened or protected against the entry of rodents, insects, birds, and other animals. External doors, other than overhead doors in delivery areas, shall be self-closing. External doors shall be kept closed when not in use.
Lighting in every area of an egg handling facility, whether natural or artificial, shall be sufficient for the purpose for which the area is used.
Artificial lights in egg handling areas shall be equipped with protective shields or shatter resistant bulbs.
The lighting of the interior of an egg handling facility shall be adequate to disclose dirty eggs or packing materials and egg or packing material defects that may affect the safety, sanitation, or quality of eggs. Egg handling areas shall be illuminated to the following levels measured 3 feet above the floor:
Not less than 20 foot candles (215 lux) in egg handling areas, equipment and utensil cleaning areas, handwashing areas, and toilet areas.
An egg handling facility, including egg handling areas, locker rooms, toilet rooms, employee break rooms, and garbage or rubbish storage areas, shall be adequately ventilated, heated, and cooled as needed to meet the applicable temperature requirements in s. ATCP 88.18
Ventilation shall be adequate to keep the egg handling facility free of excessive heat, condensation, vapors, obnoxious odors, smoke, and fumes.
Heating, cooling, and ventilating systems, including ducts and pipes over egg handling areas, shall be designed or located to prevent conditions whereby drips or condensate may contaminate eggs or egg packages. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement, and shall be kept clean. Ventilation ducts and intake or exhaust fans shall be kept clean and in good repair and shall be screened or louvered to exclude dust and insects.
A sufficient number of sanitary toilets to accommodate all employees, in accordance with applicable state and local regulations, shall be provided in convenient locations.
Toilet rooms shall be completely enclosed, well-lighted, and equipped with tight-fitting doors. Toilet rooms and fixtures shall be easily cleanable, and shall be kept clean and in good repair. Toilet rooms contiguous with egg handling facilities shall be equipped with self-closing doors, separately vented to the outside, equipped with an exhaust fan capable of creating a negative pressure within the toilet facility, and shall not open directly into an egg handling area.
Handwashing facilities shall be located in or adjacent to every toilet room. Handwashing facilities serving toilet rooms shall include hot and cold running water, soap in a soap dispenser, and a sanitary single-
service means of drying the hands. A sign directing employees to wash their hands shall be prominently posted in every toilet room used by employees. Handwashing facilities serving toilet rooms shall comply with all of the following requirements if they are installed after November 1, 2009, or if they are located in an egg handling facility that is initially licensed or licensed to a new operator after November 1, 2009:
The facility shall be served by hot and cold running water provided through a mixing valve or combination faucet, or by tempered potable water.
Faucets shall be of a type which are not hand-
operated. If a self-
closing, or metering faucet is used, that faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.
An easily cleanable covered trash receptacle and an adequate supply of toilet tissue shall be available in every toilet room at all times.
If equipment, utensils, or egg packages are wet-cleaned or sanitized manually, the egg handling facility shall be equipped with wash and rinse sinks which are suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number. Each sink shall be constructed of stainless steel or of one or more other materials approved by the department. Each sink shall have at least 2 compartments.
Every sink compartment shall be large enough to accommodate the immersion of at least 50% of the largest item to be cleaned or sanitized in the sink. Every sink compartment shall be served by hot and cold running water, and shall be cleaned before each use.
Drain boards shall be provided in connection with every sink. Drain boards shall be large enough to accommodate soiled equipment and utensils before washing, and clean equipment and utensils after the drain boards are cleaned and sanitized. Drain boards shall be located and constructed so that they do not interfere with washing and sanitizing operations. This paragraph does not prohibit the use of easily movable dish tables as drain boards if the dish tables comply with this paragraph.
Brushes and cleaning tools shall be kept clean and in good repair. Wiping cloths used to clean equipment and utensils shall be cleaned, sanitized, and dried daily, and shall be stored in an approved sanitizing solution between uses during the processing day. Sanitizing solutions for wiping cloths shall be changed at least daily. Wiping cloths used to clean egg contact surfaces of equipment and utensils shall not be used for any other purpose. Single service disposable towels may be used in place of reusable cloths if they are discarded after use.
If a mechanical system is used to clean or sanitize equipment, utensils, or egg containers, the mechanical system shall be designed, installed, and maintained so that it is fully effective for the purpose used.
(8) Plumbing system and sewage disposal.
Sewage and waste materials from an egg handling facility shall be removed in a sanitary manner, in compliance with applicable state and local regulations. All plumbing, plumbing fixtures, and equipment shall be designed, installed, and maintained to prevent backflow, backsiphonage, and cross-connections.
ATCP 88.06 Note
Plumbing and plumbing fixtures are subject to the requirements of chs. SPS 381
, enforced by the department of safety and professional services.
Garbage and refuse shall not be allowed to accumulate in or around an egg handling facility. Garbage and refuse shall be removed as often as necessary to maintain the premises in a clean and sanitary condition.
A separate room or a designated area for the accumulation of garbage and refuse must be provided in facilities which do not have a system for the daily removal or destruction of garbage and refuse. Garbage and refuse storage areas shall be constructed and maintained so that they do not attract or harbor insects, rodents, or other animals.
Garbage and refuse shall be held in durable, leak-
proof, easily cleanable, and pest-
resistant containers. Containers used to hold inedible waste egg products or materials soiled with eggs shall be kept covered with tight-
fitting lids, and shall be cleaned when necessary to prevent unsanitary conditions.
Garbage and refuse shall not be burned on the premises, except in compliance with state and local laws. Garbage and refuse shall not be burned on the premises if burning may contaminate eggs.
Effective measures shall be taken to control insects, rodents, and other pests in an egg handling facility. Pesticides and other hazardous substances shall not be stored or used in a manner which may contaminate eggs, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner.
ATCP 88.06 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (9) (c) made under s. 35.17, Stats., Register April 2015 No. 712. ATCP 88.08(1)(a)(a)
Egg washing and grading rooms shall be kept clean during washing, candling, grading, and packaging operations and shall be thoroughly cleaned at the end of each day's operations.
Areas in which manual candling is done shall be dark enough to permit accurate determinations of egg quality.
Egg storage areas shall be capable of maintaining eggs at ambient temperatures required under s. ATCP 88.18
, regardless of reasonably foreseeable external temperatures.
Every egg storage area shall be equipped with one or more accurate temperature measuring devices to monitor compliance with temperature standards under s. ATCP 88.18
. The ambient temperature shall be monitored in one or more representative locations of the egg storage facility.
An egg storage area shall be kept clean at all times. Storage areas, equipment and utensils, and stored eggs shall be arranged so that all parts of the egg storage area can be effectively cleaned and inspected.
Eggs shall be stored such that the packaged eggs are protected from moisture, dust, and other contamination, and such that cleaning of the storage area, including the floor, is not impeded.
ATCP 88.08 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15. ATCP 88.10(2)
Operations water shall be available in consistently adequate quantity, and shall comply with the health related drinking water standards in ch. NR 809
If an egg handling facility operator obtains operations water from a privately owned water system, the operator shall sample that water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77
, for compliance with the microbiological standards under s. NR 809.30
An egg handling facility operator shall keep on file, for at least one year, the results of all microbiological and other tests conducted on operations water sampled at the egg handling facility.
ATCP 88.10 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; corrections in (1) to (3) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712. ATCP 88.12
ATCP 88.12 Equipment and utensil requirements. ATCP 88.12(1)(a)(a)
Sanitary design, accessibility, and cleanability.
Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that items can be easily cleaned. Equipment and utensils shall be kept clean and in good repair.
Egg contact surfaces.
Egg contact surfaces of equipment and utensils shall be constructed of stainless steel or of one or more other materials which are smooth, impervious, nontoxic, non-corrodible, nonabsorbent, and durable under normal use conditions. Egg contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks, or similar defects. Egg contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Egg contact surfaces shall be readily accessible for manual cleaning.
service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination before use. Single-
service articles shall not be reused.