Chapter ATCP 88

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.

ATCP 88.40 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.42 ATCP 88.42 Recall plan.

ATCP 88.42(1) (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.

ATCP 88.42(2) (2) plan contents. A plan pursuant to sub. (1), shall do all of the following:

ATCP 88.42(2)(a) (a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the egg handler.

ATCP 88.42(2)(b) (b) Identify key individuals or entities to be contacted or consulted in connection with a recall.

ATCP 88.42(2)(c) (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.

ATCP 88.42(2)(d) (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.

ATCP 88.42(2)(e) (e) Include procedures for determining the nature and scope of a recall, including affected egg lots, shipments, and shipment recipients.

ATCP 88.42(2)(f) (f) Include procedures for identifying and communicating with affected persons, including suppliers, egg shipment recipients, down-line buyers, consumers, government agencies, and others.

ATCP 88.42(2)(g) (g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.

ATCP 88.42(2)(h) (h) Identify potential methods for communicating with target audiences under par. (g).

ATCP 88.42(2)(i) (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.

ATCP 88.42 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 88.44 ATCP 88.44 Enforcement. A person who violates this chapter may be prosecuted under ss. 93.21 and 97.72, Stats.

ATCP 88.44 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.