ATCP 88.34(1)(f)2. 2. A “use by” date consisting of at least the first 3 letters of the month, and the date within that month. The date shall be accompanied by a phrase such as “use by,” “best if used by,” or “use before,” which indicates that the consumer should use the eggs before that date. The period from the packing date until the “use by” date shall not exceed 45 days, including the packing date.

ATCP 88.34(2) (2) Egg shipping containers. Except as provided under sub. (3), a shipping container of eggs shall be labeled on one end with all of the following information, in letters not smaller than ½ inch high:

ATCP 88.34(2)(a) (a) A statement identifying the contents of the container.

ATCP 88.34(2)(b) (b) The name and address of the responsible person in whose name the eggs are packed and distributed. If the responsible person did not pack the eggs, the shipping container shall also include the packer identification number or shell egg handler registration number under sub. (1) (a) 2. If the responsible person packed the eggs, the packer’s identification number or shell egg handler registration number, pursuant to sub. (1) (a) 2., may appear in place of the packer’s name and address.

ATCP 88.34(2)(c) (c) The net quantity of eggs contained in the shipping container.

ATCP 88.34(2)(d) (d) The grade and size of the eggs contained in the shipping container, if required under s. ATCP 88.24.

ATCP 88.34(2)(e) (e) The statement “KEEP REFRIGERATED” or an equivalent statement indicating that the eggs must be refrigerated.

ATCP 88.34(2)(f) (f) The date on which the eggs were packed.

ATCP 88.34(2)(g) (g) One of the following dates, in addition to the packing date under par. (f):

ATCP 88.34(2)(g)1. 1. An expiration date or “sell by date” after which the eggs may not be sold or offered for retail sale. The period from the packing date to the expiration date or “sell by” date may not exceed 30 days, including the packing date. The expiration date shall be designated by at least the first three letters of the month and the date within that month. The date shall be accompanied by a phrase or abbreviation such as “sell by” or “EXP” which clearly identifies it as an expiration date or “sell by” date.

ATCP 88.34(2)(g)2. 2. A “use by” date consisting of at least the first 3 letters of the month, and the date within that month. The date shall be accompanied by a phrase such as “use by,” “best if used by,” or “use before,” which indicates that the consumer should use the eggs before that date. The period from the packing date to the “use by” date shall not exceed 45 days, including the packing date.

ATCP 88.34(3) (3) Eggs sold or shipped by producer to an egg handler, exemption.

ATCP 88.34(3)(a) (a) Subsections (1) and (2) do not apply to eggs which are being shipped from an egg producer to an egg handler who packs the eggs.

ATCP 88.34(3)(b) (b) Subsection (2) does not apply to a shipping container which holds only identical packages of eggs, provided that the packages are identically labeled according to sub. (1) and the label information can be seen through the shipping container.

ATCP 88.34(4) (4) Eggs sold or shipped by producer directly to consumers. Packages containing eggs which the producer sells directly to household consumers on the premises where the eggs are laid or as part of a community-supported agriculture business shall be labeled with the following:

ATCP 88.34(4)(a) (a) The egg producer’s name and address.

ATCP 88.34(4)(b) (b) The date on which the egg producer packed the eggs into the carton.

ATCP 88.34(4)(c) (c) A “sell by” date that falls no more than 30 days after the date on which the eggs were packed into the carton.

ATCP 88.34(4)(d) (d) A statement indicating that the eggs in the package are ungraded and uninspected.

ATCP 88.34(5) (5) Eggs removed from retail sale.

ATCP 88.34(5)(a) (a) No eggs may be sold as whole eggs at retail after the expiration or “sell by” date specified for those eggs under subs. (1) (f) 1. or (2) (g) 1. If otherwise used as human food, the eggs shall meet at least the standard for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs.

ATCP 88.34(5)(b) (b) Eggs labeled with dates under subs. (1) (f) or (2) (g) shall retain those dates and may not be repackaged or relabeled with any other dates.

ATCP 88.34(6) (6) Organic eggs. No egg may be displayed or sold in a package labeled “organic” unless the practices employed in egg production and handling are in compliance with the national organic program regulations in 7 CFR part 250, or any rules promulgated by the department under s. 97.09 (5), Stats.

ATCP 88.34 History 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 88.36 ATCP 88.36 Labeling 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.

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).