Chapter ATCP 88

ATCP 88.14(2)(b)2. 2. The types of eggs handled with the affected equipment, and the temperatures to which the eggs will be exposed during handling.

ATCP 88.14(2)(b)3. 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.

ATCP 88.14(2)(b)4. 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.

ATCP 88.14(2)(b)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.

ATCP 88.14(2)(c) (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.

ATCP 88.14(2)(d) (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.

ATCP 88.14(2)(e) (e) An egg handler that implements an alternative cleaning and sanitizing procedure approved under this subsection shall do all of the following:

ATCP 88.14(2)(e)1. 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.

ATCP 88.14(2)(e)2. 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.

ATCP 88.14(2)(e)3. 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.

ATCP 88.14(3) (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.

ATCP 88.14 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

subch. IV of ch. ATCP 88 Subchapter IV — Egg Handling Operations

ATCP 88.16 ATCP 88.16 Personnel standards.

ATCP 88.16(1) (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.

ATCP 88.16(2) (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.

ATCP 88.16(3) (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:

ATCP 88.16(3)(a) (a) A communicable disease.

ATCP 88.16(3)(b) (b) Any symptom of an acute gastrointestinal illness.

ATCP 88.16(3)(c) (c) A discharging or open wound, sore, or lesion on the hands, arms, or other exposed portions of the body.

ATCP 88.16(4) (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.

ATCP 88.16 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.18 ATCP 88.18 Temperature standards.

ATCP 88.18(1) (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.

ATCP 88.18 Note Note: It is recommended that eggs be processed and packed as soon as practicable and within 5 days after they are laid.

ATCP 88.18(2) (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.

ATCP 88.18(3) (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.

ATCP 88.18 Note Note: Mechanical refrigeration is recommended for eggs that are in transport for more than 4 hours.

ATCP 88.18(4) (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.

ATCP 88.18(5) (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.

ATCP 88.18(6) (6) Sale of frozen eggs prohibited. No person may sell or offer for sale any shell eggs that have been frozen.

ATCP 88.18 History 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 ATCP 88.20 Egg cleaning and storage operations.

ATCP 88.20(1) (1) Eggs shall be cleaned to remove debris and stains.

ATCP 88.20(2) (2) Dirty eggs may be dry cleaned with an egg brush or rubbed with a sanding sponge and sand paper.

ATCP 88.20(3) (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.

ATCP 88.20(4) (4) Ultraviolet light may be used to sanitize eggs in accordance with 21 CFR 179.39.

ATCP 88.20(5) (5) Water used to clean shell eggs shall be:

ATCP 88.20(5)(a) (a) At least 20° Fahrenheit warmer than the eggs, and not colder than 90° Fahrenheit.

ATCP 88.20(5)(b) (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.

ATCP 88.20(6) (6) Eggs shall not be left standing or soaking in cleaning water.

ATCP 88.20(7) (7) Washed eggs shall be dry before they are placed in packages or shipping containers.

ATCP 88.20(8) (8) Dirty eggs that cannot be cleaned shall be discarded as restricted eggs.

ATCP 88.20(9) (9) An egg handling facility operator shall handle and store eggs:

ATCP 88.20(9)(a) (a) In a safe and sanitary manner, and under sanitary conditions, to protect the safety and wholesomeness of the eggs.

ATCP 88.20(9)(b) (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.

ATCP 88.20 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.22 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.

ATCP 88.22 History 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 ATCP 88.24 Grading standards for chicken eggs.

ATCP 88.24(1) (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.

ATCP 88.24(2) (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.

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.