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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 88.36Labeling 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.
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.
ATCP 88.38Deceptive practices. No person may do any of the following in connection with the sale or distribution of eggs:
(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.
Note: Terms such as “super jumbo” or “super one dozen,” are examples of misrepresentations under sub. (1).
(2)Make any unauthorized nutrient content or health claims that do not comply with the requirements of 21 CFR part 101.
(3)Sell, offer for sale, or distribute eggs in any misbranded package or shipping container.
(4)Offer for sale or sell eggs without clearly indicating the grade and size of the eggs or that they are ungraded.
(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.
(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.
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.
Subchapter VI — Recordkeeping, Recall Planning, and Enforcement
ATCP 88.40Dealers buying eggs from producers; receipts.
(1)An egg producer who sells eggs to any person for resale shall keep a written record of the sale.
(2)Records for eggs sold by grade or size shall include all of the following:
(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.
(b) The date on which the eggs were graded.
(c) Whether the eggs were graded by or for the person purchasing the eggs from the producer.
(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.
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.
ATCP 88.42Recall plan.
(1)Plan required. An egg handler shall have a written plan for identifying and recalling eggs processed at that egg handling facility, should a recall become necessary. The egg handler shall update the plan as necessary, and shall make it available to the department for inspection and copying upon request.
(2)plan contents. A plan pursuant to sub. (1), shall do all of the following:
(a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the egg handler.
(b) Identify key individuals or entities to be contacted or consulted in connection with a recall.
(c) Include procedures for the routine identification, dating, and tracking of egg lots, so that in a recall the affected lots can be identified and distinguished from unaffected lots.
(d) Include procedures to enable routine identification, dating, and tracking of egg shipments from the egg handling facility. Tracking shall identify shipment recipients and contents, cross-referenced to lots, so that in a recall recipients of affected lots can be contacted.
(e) Include procedures for determining the nature and scope of a recall, including affected egg lots, shipments, and shipment recipients.
(f) Include procedures for identifying and communicating with affected persons, including suppliers, egg shipment recipients, down-line buyers, consumers, government agencies, and others.
(g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.
(h) Identify potential methods for communicating with target audiences under par. (g).
(i) Identify key information, including the identity of the affected eggs, the reason for the recall, and suggested actions to be taken by affected persons, which may be necessary to communicate in a recall.
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.
ATCP 88.44Enforcement. A person who violates this chapter may be prosecuted under ss. 93.21 and 97.72, Stats.
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.