Chapter ATCP 88

ATCP 88.24 Note Note: United States grades and sizes are fully described in “United States Standards, Grades, and Weight Classes for Shell Eggs” (AMS 56), July 20, 2000, published by the Agricultural Marketing Service of the United States Department of Agriculture. A copy of the standards may be accessed online at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3004376

ATCP 88.24 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.26 ATCP 88.26 Minimum tolerance standards.

ATCP 88.26(1) (1) Limitations on sale and distribution. No person may sell or distribute for sale as human food any eggs that fail to meet tolerance standards for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs, regardless of whether the eggs are labeled as graded or ungraded eggs. No individual case of Grade B quality eggs may contain a percentage of grade B quality eggs that is more than 10 percentage points greater than the minimum permitted for the lot average. This section does not apply to eggs which are clearly labeled as “ungraded” as required under s. ATCP 88.34 (1) (b) and which the egg producer sells directly to a consumer on the premises where the eggs are produced or as part of a community-supported agriculture business.

ATCP 88.26 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.28 ATCP 88.28 Restricted eggs.

ATCP 88.28(1) (1) Prohibition against sale of restricted eggs.

ATCP 88.28(1)(a) (a) Except as provided in par. (b),no person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation any restricted eggs, and no egg handler shall possess any restricted eggs or use any restricted eggs in the preparation of human food.

ATCP 88.28(1)(b) (b) Egg producers collecting eggs from a flock of more than 3,000 laying birds shall only sell, transport, possess, or use restricted eggs in compliance with 7 CFR 57.100 of the federal egg products inspection act. Egg producers collecting eggs from a flock of 3,000 or fewer laying birds shall:

ATCP 88.28(1)(b)1. 1. Sell no more edible restricted eggs than the amount allowed by the tolerances in the official standards for U.S. Consumer Grade B shell eggs.

ATCP 88.28(1)(b)2. 2. Sell checks and dirties only on the premises where the eggs are produced directly to consumers for use by the consumer and the consumer’s non-paying guests.

ATCP 88.28(2) (2) Disposition of restricted eggs. Egg producers collecting eggs from a flock of more than 3,000 hens shall dispose of restricted eggs in compliance with 7 CFR 57.720 and maintain records as required in 7 CFR 57.200 of the federal egg products inspection act. Egg producers collecting eggs from a flock of 3,000 or fewer hens shall dispose of restricted eggs by:

ATCP 88.28(2)(a) (a) Shipping checks and dirties directly or indirectly to an official egg products plant for processing.

ATCP 88.28(2)(b) (b) Crushing and placing loss and inedible eggs in a container containing a sufficient amount of approved denaturant or decharacterizing substance, as approved the department. The denatured and decharacterized product shall be labeled “Restricted eggs. Not to be used as human food.”

ATCP 88.28(3) (3) disposition of packed eggs exceeding restricted egg tolerances. Eggs which are placed in a package for the ultimate consumer and which have been found to exceed the tolerance for restricted eggs permitted in the official standards for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs shall be identified as required in ss. 7 CFR 57.800 and 57.860 and shall be:

ATCP 88.28(3)(a) (a) Shipped directly or indirectly to an official egg products processing plant for proper segregation and processing; or

ATCP 88.28(3)(b) (b) Regraded so that they comply with the official standards; or

ATCP 88.28(3)(c) (c) Designated for animal food after being denatured and decharacterized and labeled “Restricted eggs. Not to be used as human food.”

ATCP 88.28 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.30 ATCP 88.30 Shell egg protection; egg shell oil. If oil is used to protect shell eggs, the oil shall meet the requirements of 21 CFR 172.878 and 21 CFR 178.3620(a). Oil having any off odor, or that is obviously contaminated, shall not be used to protect shell eggs. Any shell egg protection oil treatment shall be performed in a manner that prevents egg contamination and preserves egg quality. Eggs with excess moisture on the shell shall not be treated with oil to protect the shell.

ATCP 88.30 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction made under s. 13.92 (4) (b) 2., Stats., Register April 2015 No. 712.

subch. V of ch. ATCP 88 Subchapter V — Packing and Labeling

ATCP 88.32 ATCP 88.32 Egg packing.

ATCP 88.32(1) (1) Egg packing to maintain quality. Eggs shall be handled and packed to minimize the likelihood that condensation will accumulate on the eggs, and so that a majority of the packed eggs are placed in the package or shipping container with the small end down.

ATCP 88.32(2) (2) Egg package requirements. Egg packages and shipping containers shall be all of the following:

ATCP 88.32(2)(a) (a) Clean and in good condition.

ATCP 88.32(2)(b) (b) Free of mold, mustiness, and off-odors.

ATCP 88.32(2)(c) (c) Sufficiently strong and durable to protect eggs from damage during normal distribution.

ATCP 88.32(2)(d) (d) Packing of eggs in used egg cartons shall only be done using clean cartons on which all markings that do not pertain to the eggs being sold, including brand name, USDA shield, date of pack, expiration date, use-by date, quality, and size are obliterated.

ATCP 88.32 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.34 ATCP 88.34 Egg labeling.

ATCP 88.34(1) (1) Egg packages. Except as provided under sub. (3) (a), a package of eggs shall be labeled with all of the following:

ATCP 88.34(1)(a) (a) Information required under ch. ATCP 90, including all of the following:

ATCP 88.34(1)(a)1. 1. A declaration of product identity under s. ATCP 90.02.

ATCP 88.34(1)(a)2. 2. A declaration of responsibility under s. ATCP 90.03. If the responsible person identified on the package is not the person who packed the eggs, the package shall also include the packer identification number or shell egg handler registration number assigned by the U. S. department of agriculture, or the packer identification number assigned by the state in which the packing operation is located. A U.S. department of agriculture (USDA) packer number shall be preceded by the letter “P”. A state packer number shall be preceded by a 2-letter abbreviation which identifies the state.

ATCP 88.34(1)(a)3. 3. A declaration of net quantity under ss. ATCP 90.04 and 90.08 (16) (c).

ATCP 88.34(1)(a)4. 4. Nutrition labeling under s. ATCP 90.10 and 21 CFR 101.9.

ATCP 88.34(1)(b) (b) The grade and size of the eggs, if required under s. ATCP 88.24. The grade and size shall be printed on the principal display panel in letters not less than 3/16 inch high. If the eggs are not graded, the word “UNGRADED” shall be printed in letters at least 1/4 inch high on the principal display panel. Ungraded eggs may be sold from bulk containers if a sign or placard adjacent to the bulk display identifies the eggs as ungraded eggs.

ATCP 88.34 Note Note: Only eggs graded under USDA’s Agricultural Marketing Services’ voluntary egg-quality grading program are eligible to be packaged in cartons bearing the USDA grade shield or labeled as “USDA” Grade AA, A, or B. Additional information about USDA’s egg grading services may be acquired from the following address: National Supervisor Shell Eggs, USDA-AMS Livestock, Poultry, and Seed Program, Poultry Grading Division, 1400 Independence Avenue, SW, Stop 0258, Washington, D.C. 20250. Telephone: [phone].

ATCP 88.34(1)(c) (c) The statement “KEEP REFRIGERATED” or an equivalent statement indicating that the eggs must be refrigerated. The statement shall be printed on the principal display panel in letters not less than 3/16 inch high.

ATCP 88.34(1)(d) (d) The statement “SAFE HANDLING INSTRUCTIONS:” in bold type size followed by the statement “To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.” The statement shall be printed in type size no smaller than 1/16 inch and shall appear in a hairline box. The statement shall appear on the principal display panel, the information panel, or the inside lid of the egg carton.

ATCP 88.34(1)(e) (e) The date on which the eggs were packed. The date of packing may be indicated by an abbreviation consisting of one of the following:

ATCP 88.34(1)(e)1. 1. The first three letters of the month and the calendar date.

ATCP 88.34(1)(e)2. 2. The numerically consecutive day of the year, also known as the Julian calendar date.

ATCP 88.34(1)(f) (f) One of the following dates, in addition to the packing date under par. (e):

ATCP 88.34(1)(f)1. 1. An expiration date or “sell by” date after which the eggs may not be offered for sale or sold at retail. The period from the packing date until the expiration date may not exceed 30 days, including the packing date. The expiration date or “sell by” date shall be designated by at least the first three letters of the month and the date within that month. The date shall be accompanied by a phrase or abbreviation such as “EXP” or “sell by” which clearly identifies it as an expiration date or “sell by” date.

ATCP 88.34(1)(f)2. 2. A “use by” date consisting of at least the first 3 letters of the month, and the date within that month. The date shall be accompanied by a phrase such as “use by,” “best if used by,” or “use before,” which indicates that the consumer should use the eggs before that date. The period from the packing date until the “use by” date shall not exceed 45 days, including the packing date.

ATCP 88.34(2) (2) Egg shipping containers. Except as provided under sub. (3), a shipping container of eggs shall be labeled on one end with all of the following information, in letters not smaller than ½ inch high:

ATCP 88.34(2)(a) (a) A statement identifying the contents of the container.

ATCP 88.34(2)(b) (b) The name and address of the responsible person in whose name the eggs are packed and distributed. If the responsible person did not pack the eggs, the shipping container shall also include the packer identification number or shell egg handler registration number under sub. (1) (a) 2. If the responsible person packed the eggs, the packer’s identification number or shell egg handler registration number, pursuant to sub. (1) (a) 2., may appear in place of the packer’s name and address.

ATCP 88.34(2)(c) (c) The net quantity of eggs contained in the shipping container.

ATCP 88.34(2)(d) (d) The grade and size of the eggs contained in the shipping container, if required under s. ATCP 88.24.

ATCP 88.34(2)(e) (e) The statement “KEEP REFRIGERATED” or an equivalent statement indicating that the eggs must be refrigerated.

ATCP 88.34(2)(f) (f) The date on which the eggs were packed.

ATCP 88.34(2)(g) (g) One of the following dates, in addition to the packing date under par. (f):

ATCP 88.34(2)(g)1. 1. An expiration date or “sell by date” after which the eggs may not be sold or offered for retail sale. The period from the packing date to the expiration date or “sell by” date may not exceed 30 days, including the packing date. The expiration date shall be designated by at least the first three letters of the month and the date within that month. The date shall be accompanied by a phrase or abbreviation such as “sell by” or “EXP” which clearly identifies it as an expiration date or “sell by” date.

ATCP 88.34(2)(g)2. 2. A “use by” date consisting of at least the first 3 letters of the month, and the date within that month. The date shall be accompanied by a phrase such as “use by,” “best if used by,” or “use before,” which indicates that the consumer should use the eggs before that date. The period from the packing date to the “use by” date shall not exceed 45 days, including the packing date.

ATCP 88.34(3) (3) Eggs sold or shipped by producer to an egg handler, exemption.

ATCP 88.34(3)(a) (a) Subsections (1) and (2) do not apply to eggs which are being shipped from an egg producer to an egg handler who packs the eggs.

ATCP 88.34(3)(b) (b) Subsection (2) does not apply to a shipping container which holds only identical packages of eggs, provided that the packages are identically labeled according to sub. (1) and the label information can be seen through the shipping container.

ATCP 88.34(4) (4) Eggs sold or shipped by producer directly to consumers. Packages containing eggs which the producer sells directly to household consumers on the premises where the eggs are laid or as part of a community-supported agriculture business shall be labeled with the following:

ATCP 88.34(4)(a) (a) The egg producer’s name and address.

ATCP 88.34(4)(b) (b) The date on which the egg producer packed the eggs into the carton.

ATCP 88.34(4)(c) (c) A “sell by” date that falls no more than 30 days after the date on which the eggs were packed into the carton.

ATCP 88.34(4)(d) (d) A statement indicating that the eggs in the package are ungraded and uninspected.

ATCP 88.34(5) (5) Eggs removed from retail sale.

ATCP 88.34(5)(a) (a) No eggs may be sold as whole eggs at retail after the expiration or “sell by” date specified for those eggs under subs. (1) (f) 1. or (2) (g) 1. If otherwise used as human food, the eggs shall meet at least the standard for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs.

ATCP 88.34(5)(b) (b) Eggs labeled with dates under subs. (1) (f) or (2) (g) shall retain those dates and may not be repackaged or relabeled with any other dates.

ATCP 88.34(6) (6) Organic eggs. No egg may be displayed or sold in a package labeled “organic” unless the practices employed in egg production and handling are in compliance with the national organic program regulations in 7 CFR part 250, or any rules promulgated by the department under s. 97.09 (5), Stats.

ATCP 88.34 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712.

ATCP 88.36 ATCP 88.36 Labeling of baluts. Each container of baluts shall be clearly and conspicuously labeled to inform the consumer that the product is a “balut” or an “incubated fertile egg” or such other term or phrase that is informative and not false or misleading. The label should clearly indicate that the container of baluts should be stored at a temperature 41°F or less.

ATCP 88.36 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.38 ATCP 88.38 Deceptive practices. No person may do any of the following in connection with the sale or distribution of eggs:

ATCP 88.38(1) (1) Misrepresent the grade, size, or quality of the eggs, the date on which the eggs were packed, or the “sell by” or “use by” dates of the eggs.

ATCP 88.38 Note Note: Terms such as “super jumbo” or “super one dozen,” are examples of misrepresentations under sub. (1).

ATCP 88.38(2) (2) Make any unauthorized nutrient content or health claims that do not comply with the requirements of 21 CFR part 101.

ATCP 88.38(3) (3) Sell, offer for sale, or distribute eggs in any misbranded package or shipping container.

ATCP 88.38(4) (4) Offer for sale or sell eggs without clearly indicating the grade and size of the eggs or that they are ungraded.

ATCP 88.38(5) (5) Offer for sale or sell eggs laid by a species other than chicken, without clearly indicating the species of bird that laid the eggs.

ATCP 88.38(6) (6) Represent that eggs are fresh unless they conform to grade standards specified for grade A or grade AA eggs under the federal egg grading act.

ATCP 88.38 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

subch. VI of ch. ATCP 88 Subchapter VI — Recordkeeping, Recall Planning, and Enforcement

ATCP 88.40 ATCP 88.40 Dealers buying eggs from producers; receipts.

ATCP 88.40(1) (1) An egg producer who sells eggs to any person for resale shall keep a written record of the sale.

ATCP 88.40(2) (2) Records for eggs sold by grade or size shall include all of the following:

ATCP 88.40(2)(a) (a) The grades and sizes of the eggs sold by the producer, including the number of dozen and price per dozen sold in each grade and size category. Grades and sizes shall be determined according to s. ATCP 88.24.

ATCP 88.40(2)(b) (b) The date on which the eggs were graded.

ATCP 88.40(2)(c) (c) Whether the eggs were graded by or for the person purchasing the eggs from the producer.

ATCP 88.40(3) (3) A person required to give a receipt, pursuant to sub. (1), shall keep a copy of the receipt for at least one year, and shall make the receipt available to the department for inspection and copying upon request.