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.