Wisconsin Legislature: ATCP 88.14(2)(b)3.

(1) Operations water shall be obtained from a source that complies with ch. NR 811 or 812.

(2) Operations water shall be available in consistently adequate quantity, and shall comply with the health related drinking water standards in ch. NR 809.

(3) 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.

(4) 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.

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.

Subchapter III — Equipment and Utensils

ATCP 88.12 Equipment and utensil requirements.

(1) Construction and maintenance; general.

(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.

(b) 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.

(c) Single-service articles. Single-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.

(2) Adequacy and accuracy of measuring devices, instruments, and controls. Every cold storage compartment used to store or hold eggs shall be equipped with a thermometer or other device which accurately indicates the ambient temperature in the compartment. Instruments and controls used for measuring, regulating, and recording air or wash water temperatures, humidity, or wash water pH shall be adequate for the intended use.

(3) lubrication. Equipment shall be designed and constructed so that gear and bearing lubricants do not come in contact with eggs or egg contact surfaces. Only food grade lubricants may be used in equipment if incidental egg contact may occur.

(4) location and installation of equipment. Equipment which cannot be easily moved shall be installed in a manner which prevents liquid or debris from accumulating under or around the equipment. Equipment shall be installed so that there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container which is designed and installed to protrude into or through the wall or ceiling of an egg handling facility. Air intake vents for egg storage containers shall be located in handling areas or shall be properly filtered.

(5) Equipment for candling, grading, and weighing eggs.

(a) Egg candling lights shall be strong enough to disclose dirty eggs and to permit accurate determinations of egg quality.

(b) If automated grading equipment is used to detect blood inside of eggs, cracked shells, or check eggs, the equipment shall be calibrated and adjusted for sensitivity so that the graded eggs comply with applicable grade standards.

History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; (1) (a) title created under s. 13.92 (4) (b) 2., Stats., and correction in (1) (c), (5) (b) made under s. 35.17, Stats., Register April 2015 No. 712.

ATCP 88.14 Cleaning and sanitizing equipment and utensils.

(1) Cleaning and sanitizing equipment and utensils; general. Except as provided in sub. (3):

(a) All egg contact surfaces of equipment and utensils shall be cleaned and sanitized after each day’s use, or more frequently if necessary.

(b) Sanitizers and methods used to sanitize equipment shall comply with s. ATCP 70.11.

(2) Alternative cleaning and sanitizing procedures.

(a) An egg handler may request the department to approve alternative cleaning and sanitizing procedures under this section. The department shall approve alternative cleaning and sanitizing procedures if the department determines that those alternative procedures will effectively prevent egg contamination and ensure the microbiological safety of the eggs.

(b) The egg handler shall submit a written request to use alternative cleaning and sanitizing procedures as allowed under this subsection. The request shall include all of the following, and any other information required by the department:

1. A clear and complete description of the affected egg handling equipment, including any continuously-operated equipment. The description shall identify sanitary design features that are relevant to the proposed cleaning and sanitizing procedures.

2. The types of eggs handled with the affected equipment, and the temperatures to which the eggs will be exposed during handling.

3. A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.

4. A written statement, by the egg handler, that the alternative cleaning and sanitizing procedure has been evaluated and determined to be effective in preventing egg contamination and ensuring the microbiological safety of the eggs. The written statement shall be based on a written plan under subd. 5.

5. A written plan, prepared by qualified personnel, to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing egg contamination and ensuring the microbiological safety of eggs. The written plan shall identify and assess foreseeable hazards, identify critical control points, identify parameter limits associated with the critical control points which must be met to ensure safety, and identify monitoring procedures and controls to ensure that the procedure is effective.

(c) The department shall grant or deny a request under par. (a), in writing, within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.

(d) The department may qualify or limit its approval under par. (c), as it deems appropriate. The department may withdraw its approval for cause, including information that casts doubt on the efficacy or implementation of the approved procedure.

(e) An egg handler that implements an alternative cleaning and sanitizing procedure approved under this subsection shall do all of the following:

1. Control and monitor the procedure to ensure that it is implemented as approved, and is effective in preventing egg contamination and ensuring the microbiological safety of the eggs.

2. Promptly notify the department of any material deviation from the approved procedure, and any information that casts doubt on the efficacy of the procedure.

3. Collect and retain data and records to document, on a continuing basis, the implementation and efficacy of the approved procedure. The operator shall retain the data and records for at least 90 days, and shall make them available upon request for inspection and copying by the department.

(3) Storage of clean equipment and utensils. Equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so as to drain dry. Equipment and utensils shall be protected from contamination prior to use.

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

Subchapter IV — Egg Handling Operations

ATCP 88.16 Personnel standards.

(1) Cleanliness. Persons engaged in egg handling shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in egg handling shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities which may contaminate the hands. Persons engaged in egg handling shall keep their fingernails clean and neatly trimmed.

(2) Clothing and jewelry. Persons in egg handling areas shall wear clean, washable outer garments. Persons working in egg handling areas shall remove all jewelry from their hands and fingers before having any direct manual contact with eggs or egg contact surfaces. Jewelry shall not be worn in a manner which creates a risk of egg contamination. This subsection does not apply to plain band wedding rings.

(3) Employee health. No person who, by medical examination or supervisory observation, has, or is reasonably suspected of having, any of the following conditions may work in an egg handling plant in any capacity that may result in the contamination of eggs, or in the contamination of equipment or utensils used to process or handle eggs:

(a) A communicable disease.

(b) Any symptom of an acute gastrointestinal illness.

(4) Consumption of food or beverages, and use of tobacco. No person may consume food or beverages or use tobacco in any egg handling area, or in any area where egg processing equipment or utensils are cleaned or stored. Employees may not consume food or beverages or use tobacco except in designated areas which are separated from egg handling areas. This subsection does not prohibit a sanitary drinking water fountain in an egg handling area.

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

ATCP 88.18 Temperature standards.

(1) Temperature before packing. Eggs that are held by an egg handler before packing for more than 36 hours after they are laid shall be kept at an ambient temperature of 45° Fahrenheit (7° Celsius) or less. Eggs that have been refrigerated may be held at room temperature, for up to 36 hours immediately before washing, to decrease the risk of thermal checks caused by washing cold eggs with warm water.

Note: It is recommended that eggs be processed and packed as soon as practicable and within 5 days after they are laid.

(2) Temperature after packing. Eggs which have been packed by an egg handler shall be kept at an ambient temperature of 45° Fahrenheit (7° Celsius) or less at all times, including while they are being transported.

(3) Temperature during transport. During transport to a retail food establishment and upon receipt at a retail food establishment eggs shall be held at an ambient air temperature of 45° Fahrenheit (7° Celsius) or less.

Note: Mechanical refrigeration is recommended for eggs that are in transport for more than 4 hours.

(4) Temperature standards for retail sale. Eggs held for retail sale shall be held at an ambient temperature of 41° Fahrenheit (5° Celsius) or less.

(5) Temperature standards for baluts. Baluts must be refrigerated upon removal from incubation and maintained at a temperature of 41° Fahrenheit (5° Celsius) or less while transported, stored, or held for retail sale.

(6) Sale of frozen eggs prohibited. No person may sell or offer for sale any shell eggs that have been frozen.

History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (5) made under s. 35.17, Stats., Register April 2015 No. 712.

ATCP 88.20 Egg cleaning and storage operations.

(1) Eggs shall be cleaned to remove debris and stains.

(2) Dirty eggs may be dry cleaned with an egg brush or rubbed with a sanding sponge and sand paper.

(3) Compounds used to clean or sanitize eggs shall be either generally recognized as safe under 21 CFR parts 182 and 184, and used in accordance with good manufacturing practices under 21 CFR 182.1; approved by the U.S. food and drug administration as a food additive under 21 CFR parts 172 – 174, and 180, and used in accordance with the conditions of this approval; approved by the U.S. food and drug administration as a sanitizer under 21 CFR 178.1010, used at concentrations specified therein, and registered for this use with the U.S. environmental protection agency; or otherwise approved by the department.

(4) Ultraviolet light may be used to sanitize eggs in accordance with 21 CFR 179.39.

(5) Water used to clean shell eggs shall be:

(a) At least 20° Fahrenheit warmer than the eggs, and not colder than 90° Fahrenheit.

(b) Changed to maintain sanitary conditions at least every 4 hours, by either continuous water exchange or by completely emptying and refilling the wash tank, and at the end of each shift by emptying and refilling the wash tank.

(6) Eggs shall not be left standing or soaking in cleaning water.

(7) Washed eggs shall be dry before they are placed in packages or shipping containers.

(8) Dirty eggs that cannot be cleaned shall be discarded as restricted eggs.

(9) An egg handling facility operator shall handle and store eggs:

(a) In a safe and sanitary manner, and under sanitary conditions, to protect the safety and wholesomeness of the eggs.

(b) In a neat and orderly manner, so that the eggs are readily accessible for inspection and movement, and so that the egg storage area can be readily inspected and cleaned. The amount of eggs stored in an egg storage area shall not exceed the reasonable capacity of that area.

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

ATCP 88.22 Candling; candling requirements. A candling light or automated grading equipment is required for determining the interior and exterior quality of eggs. Egg candling lights and candling light areas shall meet the requirements of s. ATCP 88.12 (5) (a) to (c). A candling light must be used to verify the performance of automated grading equipment.

History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; corrections made under s. 13.92 (4) (b) 2., 7., Stats., Register April 2015 No. 712.

ATCP 88.24 Grading standards for chicken eggs.

(1) Grading standards for chicken eggs. Except for chicken eggs clearly labeled as “ungraded” as required under s. ATCP 88.34 (1) (b), chicken eggs sold or distributed in this state by an egg handler licensed under s. ATCP 88.02 shall be labeled as grade AA, A, or B, and shall conform to the U. S. grade standards specified for those grades under the federal egg grading act and the U.S. standards, grades, and weight classes for shell eggs.

(2) Chicken egg sizes. Except for chicken eggs clearly labeled as “ungraded” as required under s. ATCP 88.34 (1) (b), chicken eggs sold or distributed in this state by an egg handler licensed under s. ATCP 88.02 shall be labeled as Jumbo, Extra Large, Large, Medium, Small, or Peewee, and shall conform to the United States size standards specified for those sizes under the federal egg grading act and U.S. standards, grades, and weight classes for shell eggs and shown in the table below.

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

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

ATCP 88.26 Minimum tolerance standards.

(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.

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

ATCP 88.28 Restricted eggs.

(1) Prohibition against sale of restricted eggs.

(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.

(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: