One of the following dates, in addition to the packing date under par. (f)
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.
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.
(3) Eggs sold or shipped by producer to an egg handler, exemption. ATCP 88.34(3)(a)(a) Subsections (1)
do not apply to eggs which are being shipped from an egg producer to an egg handler who packs the eggs.
(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.
(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:
The date on which the egg producer packed the eggs into the carton.
A “sell by" date that falls no more than 30 days after the date on which the eggs were packed into the carton.
A statement indicating that the eggs in the package are ungraded and uninspected.
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.
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.
(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)
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:
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).
Sell, offer for sale, or distribute eggs in any misbranded package or shipping container.
Offer for sale or sell eggs without clearly indicating the grade and size of the eggs or that they are ungraded.
Offer for sale or sell eggs laid by a species other than chicken, without clearly indicating the species of bird that laid the eggs.
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. 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.
Records for eggs sold by grade or size shall include all of the following:
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
Whether the eggs were graded by or for the person purchasing the eggs from the producer.
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(1)
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:
Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the egg handler.
Identify key individuals or entities to be contacted or consulted in connection with a recall.
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.
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.
Include procedures for determining the nature and scope of a recall, including affected egg lots, shipments, and shipment recipients.
Include procedures for identifying and communicating with affected persons, including suppliers, egg shipment recipients, down-
line buyers, consumers, government agencies, and others.
Identify potential target audiences for recall information, including consumers, distributors, and government agencies.
Identify potential methods for communicating with target audiences under par. (g)
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
ATCP 88.44 History
History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15.