ATCP 88.01(27)(27) “Shipping container” means any box, case, rack, or other container used to distribute packages of eggs, or bulk or loose eggs, to a seller or institutional purchaser of eggs.

ATCP 88.01(28)(28) “Storage” means the holding of eggs before sale for longer than 24 hours.

ATCP 88.01(29)(29) “U.S. Consumer Grade B” means eggs which are, on the basis of a sample obtained in accordance with 7 CFR 56.4, at least 90 percent grade B quality or better, of which not more than 10 percent are checks and not more than 0.50 percent (at origin) or 1 percent (at destination) are leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

ATCP 88.01(30)(30) “U.S. standards, grades, and weight classes for shell eggs” means standards maintained by the agricultural marketing service of the U.S. department of agriculture and published in U.S. Standards, Grades, and Weight Classes for Shell Eggs (AMS 56), July 20, 2000.

ATCP 88.01(31)(31) “Warehouse” has the meaning given in s. 97.27 (1) (b), Stats.

ATCP 88.01 HistoryHistory: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (6) made under s. 35.17, Stats., Register April 2015 No. 712; numbering corrections in (17), (18), (29), (30) made under s. 13.92 (4) (b) 1., Stats., Register April 2015 No. 712.

ATCP 88.02(1)(1) Food processing plant license required. Except as provided under sub. (2), no egg handler may conduct egg handling activities, including sales of eggs to a licensed egg handler, retail food establishment, food processing plant, or community-supported agriculture business, without a valid license issued by the department for a food processing plant under s. 97.29, Stats. The license holder shall meet all requirements of s. ATCP 70.03.

ATCP 88.02(2)(2) License exemptions. A food processing plant license is not required under s. 97.29, Stats., or this section, for:

ATCP 88.02(2)(a)(a) An egg producer collecting, packing, and storing eggs from a flock of not more than 150 laying birds and who only sells the eggs directly to consumers at the premises where the eggs were laid, a farmers’ market, or on an egg sales route. The eggs may or may not be washed, candled, and graded, and shall be labeled as ungraded and uninspected, and packages containing the eggs shall have the seller’s name, address, pack date, and a “sell-by” date not more than 30 days after the pack date on them.

ATCP 88.02(2)(b)(b) An egg producer collecting, packaging, and storing nest-run eggs from a flock of laying birds owned by the producer and who is registered with the department under sub. (4), and who sells the nest-run eggs to an egg handler. The producer shall not sell obviously restricted eggs.

ATCP 88.02(3)(3) Food warehouse license required. No egg producer or egg handler may receive eggs from another egg producer or egg handler and store the eggs for more than 24 hours before selling them without a valid license issued by the department for a food warehouse under s. 97.27, Stats.

ATCP 88.02(4)(4) Registration. An egg producer, exempt from food processing plant licensing requirements under sub. (2) (b), shall register with the department before selling eggs. Registration may occur in any license year ending March 31, and the registration expires at the end of the license year. Registration shall be in writing on a form provided by the department or online at http://datcp.wi.gov. There shall be no fee to register.

ATCP 88.02(5)(5) Retail food establishment license. Except for egg producers selling eggs directly to consumers at the egg producer’s premises or as part of a community-supported agriculture business operated by the egg producer, no egg producer may sell eggs directly to consumers, including sales at a farmers’ market or on an egg sales route, without a valid license issued by the department for a retail food establishment under s. 97.30, Stats. The license holder shall meet all requirements of s. ATCP 75.03.

ATCP 88.04(1)(1) Registration required.

ATCP 88.04(1)(a)(a) An egg producer, licensed or registered with the department, shall also be registered with the U.S. food and drug administration, if required under 21 CFR 118.11 of the federal egg safety rule.

ATCP 88.04(1)(b)(b) An egg producer or egg handler who grades and packs eggs for the ultimate consumer, and is licensed with the department, shall also be registered with the U.S. department of agriculture, if required under 7 CFR 57.690 of the federal egg products inspection act.

ATCP 88.04(2)(2) Registration records.

ATCP 88.04(2)(a)(a) Egg handlers who receive eggs from producers who own 3,000 or more laying birds shall maintain records verifying that those producers have registered with the U.S. food and drug administration as required by the federal egg safety rule.

ATCP 88.04(2)(b)(b) An egg handler who sells eggs from a flock of 3,000 or more laying birds directly to the consumer shall register with the U.S. department of agriculture as required by the federal egg products inspection act.

ATCP 88.04 HistoryHistory: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712.

ATCP 88.06(1)(1) Construction and maintenance; general. Buildings and facilities used in the operation of an egg handling facility shall be of sound construction, and shall be capable of being maintained in a clean and sanitary condition. The interior and exterior portions of an egg handling facility, and the premises on which the egg handling facility is located, shall be kept free of unhealthful or unsanitary conditions, and shall be maintained in compliance with this chapter. The premises surrounding an egg handling facility shall be well drained and shall be kept in a clean and orderly condition. The premises shall be kept free of accumulations of trash, garbage, and other potential health nuisances.

ATCP 88.06(2)(2) Floors, walls, and ceilings. Floors, walls, and ceilings in an egg handling facility shall be kept clean and in good repair. Floors, walls, and ceilings in egg handling areas, toilet rooms, and areas used for the cleaning or storage of equipment or utensils shall be constructed of smooth, impervious, and easily cleanable materials. This does not prohibit the use of easily cleanable anti-slip floors. Walls and ceilings in egg handling areas shall be light colored. The junctions of walls and floors in egg handling areas shall be coved to facilitate cleaning. Floors which are waterflushed for cleaning, or on which water or fluid wastes are discharged, shall have an adequate number of floor drains and be adequately sloped to ensure proper drainage to the floor drains.