Chapter ATCP 88

ATCP 88.36   Labeling of baluts.

ATCP 88.38   Deceptive practices.

Subchapter VI — Recordkeeping, Recall Planning, and Enforcement

ATCP 88.40   Dealers buying eggs from producers; receipts.

ATCP 88.42   Recall plan.

ATCP 88.44   Enforcement.

Ch. ATCP 88 History History: Chapter Ag 90 as it existed on June 30, 1974 was repealed and a new chapter Ag 90 created effective July 1, 1974; Chapter Ag 90 was renumbered ch.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 Chapter ATCP 88 as it existed on October 31, 1996 was repealed and a new chapter ATCP 88 was created effective November 1, 1996. Chapter ATCP 88 as it existed on April 30, 2015 was repealed and a new chapter ATCP 88 was created effective May 1, 2015.

subch. I of ch. ATCP 88 Subchapter I — General Provisions

ATCP 88.01 ATCP 88.01 Definitions. In this chapter:

ATCP 88.01(1) (1) “Ambient temperature” means the temperature of the air surrounding eggs or packages of eggs.

ATCP 88.01(2) (2) “Balut” means a fertile egg which is incubated for a period of time shorter than is necessary for hatching.

ATCP 88.01(3) (3) “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.

ATCP 88.01(4) (4) “Check” means an egg that has a broken shell or crack in the shell but has intact shell membranes and no leaking of contents.

ATCP 88.01(5) (5) “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.

ATCP 88.01(6) (6) “Consumer” means an individual purchasing eggs which will be consumed by the individual, the individual’s family, or the individual’s non-paying guests.

ATCP 88.01(7) (7) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 88.01(8) (8) “Dirty” means an egg, with an unbroken shell, that has either of the following:

ATCP 88.01(8)(a) (a) Dirt or foreign material adhering to the shell’s surface.

ATCP 88.01(8)(b) (b) 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.

ATCP 88.01(9) (9) “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.

ATCP 88.01(10) (10) “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.

ATCP 88.01(11) (11) “Egg producer” means a person who sells eggs only laid by birds owned by that person.

ATCP 88.01(12) (12) “Egg sales route” means one or more residences inhabited by consumers who regularly buy eggs from an egg producer traveling to the residences.

ATCP 88.01(13) (13) “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.

ATCP 88.01(14) (14) “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.

ATCP 88.01(15) (15) “Federal egg products inspection act” means the egg products inspection act of 1970 (21 USC 1031-1056), and regulations issued under the act in 7 CFR part 57 and 9 CFR part 590.

ATCP 88.01(16) (16) “Federal egg safety rule” means regulations in 21 CFR 16.5 (a) (5) and 21 CFR part 118, and enforced by the U.S. food and drug administration.

ATCP 88.01(17) (17) “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.

ATCP 88.01(18) (18) “Inedible egg” means an egg in which any of the following is present:

ATCP 88.01(18)(a) (a) Black rot.

ATCP 88.01(18)(b) (b) Yellow rot.

ATCP 88.01(18)(c) (c) White rot.

ATCP 88.01(18)(d) (d) Mixed rot, also known as addled egg.

ATCP 88.01(18)(e) (e) Sour egg.

ATCP 88.01(18)(f) (f) Green egg white.

ATCP 88.01(18)(g) (g) Stuck yolk.

ATCP 88.01(18)(h) (h) Mold.

ATCP 88.01(18)(i) (i) Mustiness.

ATCP 88.01(18)(j) (j) A blood ring observable upon candling.

ATCP 88.01(18)(k) (k) An embryo chick at or beyond the blood ring stage, unless such egg is classified as a balut.

ATCP 88.01(18)(L) (L) Adulteration as defined under s. 97.02, Stats.

ATCP 88.01(19) (19) “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.

ATCP 88.01(20) (20) “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.

ATCP 88.01(21) (21) “Nest-run” means eggs that do not receive more than minimal washing, and are not graded or candled before sale.

ATCP 88.01(22) (22) “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(23) (23) “Package” has the meaning given in s. ATCP 90.01 (16).

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.

ATCP 88.01(24) (24) “Packing” means placing eggs into a package or shipping container.

ATCP 88.01(25) (25) “Person” means an individual, corporation, partnership, limited liability company, cooperative, association, or other business entity.

ATCP 88.01(26) (26) “Restricted egg” means any egg that is a check, dirty, incubator reject, inedible, leaker, or loss.

ATCP 88.01(27) (27) “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.

ATCP 88.01(28) (28) “Storage” means the holding of eggs before sale for longer than 24 hours.

ATCP 88.01(29) (29) “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.

ATCP 88.01(30) (30) “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(31) (31) “Warehouse” has the meaning given in s. 97.27 (1) (b), Stats.

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 ATCP 88.02 Licensing and Registration.

ATCP 88.02(1) (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.

ATCP 88.02(2) (2) License exemptions. A food processing plant license is not required under s. 97.29, Stats., or this section, for:

ATCP 88.02(2)(a) (a) 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.

ATCP 88.02(2)(b) (b) 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.

ATCP 88.02(3) (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, Stats.

ATCP 88.02(4) (4) Registration. 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.

ATCP 88.02(5) (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) (1) Registration required.

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.

ATCP 88.04(1)(b) (b) 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.

ATCP 88.04(2) (2) Registration records.

ATCP 88.04(2)(a) (a) 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.

ATCP 88.04(2)(b) (b) 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.

subch. II of ch. ATCP 88 Subchapter II — Egg Facilities

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.

ATCP 88.06(2) (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.

ATCP 88.06(3) (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.

ATCP 88.06(4) (4) Lighting.

ATCP 88.06(4)(a) (a) 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.

ATCP 88.06(4)(b) (b) Artificial lights in egg handling areas shall be equipped with protective shields or shatter resistant bulbs.

ATCP 88.06(4)(c) (c) 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:

ATCP 88.06(4)(c)1. 1. Not less than 20 foot candles (215 lux) in egg handling areas, equipment and utensil cleaning areas, handwashing areas, and toilet areas.

ATCP 88.06(4)(c)2. 2. Not less than 10 foot candles (108 lux) in egg storage areas.

ATCP 88.06(5) (5) Ventilation, heating and cooling.

ATCP 88.06(5)(a) (a) 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.

ATCP 88.06(5)(b) (b) Ventilation shall be adequate to keep the egg handling facility free of excessive heat, condensation, vapors, obnoxious odors, smoke, and fumes.

ATCP 88.06(5)(c) (c) 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.