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ATCP 88.02 Egg processing, handling and storage.
ATCP 88.04 Temperature standards.
ATCP 88.06 Grade, size and quality standards.
ATCP 88.08 Egg labeling.
ATCP 88.10 Deceptive practices.
ATCP 88.12 Dealers buying eggs from producers; receipts.
Ch. ATCP 88 History History: Chapter Ag 90 as it existed on June 30, 1974 was repealed and a new chapter Ag 90 created effective July 1, 1974; Chapter Ag 90 was renumbered ch. ATCP 88 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 88 as it existed on October 31, 1996 was repealed and a new chapter ATCP 88 was created effective November 1, 1996.
ATCP 88.01 ATCP 88.01 Definitions.
ATCP 88.01(1)(1) "Candling" means carefully examining, in a dark place, the interior and exterior of a whole egg that is placed in front of a strong light source.
ATCP 88.01(2) (2) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 88.01(3) (3) "Dirty egg" means an egg, with an unbroken shell, that has either of the following:
ATCP 88.01(3)(a) (a) Dirt or foreign material adhering to the shell's surface.
ATCP 88.01(3)(b) (b) Prominent or moderate stains covering more than 1/32 of the shell surface area if localized, or 1/16 of the shell surface area if scattered.
ATCP 88.01(4) (4) "Egg" means the shell egg of the domestic chicken, G. gallus, domesticus.
ATCP 88.01(5) (5) "Federal act" means the agricultural marketing act of 1946, as amended (7 USC 1621 et seq.), the egg products inspection act of 1970 (21 USC 1031-1056), and regulations issued under either act.
ATCP 88.01(6) (6) "Inedible egg" means an egg in which any of the following is present:
ATCP 88.01(6)(a) (a) Black rot.
ATCP 88.01(6)(b) (b) Yellow rot.
ATCP 88.01(6)(c) (c) White rot.
ATCP 88.01(6)(d) (d) Mixed rot, also known as addled egg.
ATCP 88.01(6)(e) (e) Sour egg.
ATCP 88.01(6)(f) (f) Green egg white.
ATCP 88.01(6)(g) (g) Stuck yolk.
ATCP 88.01(6)(h) (h) Mold.
ATCP 88.01(6)(i) (i) Mustiness.
ATCP 88.01(6)(j) (j) A blood ring observable upon candling.
ATCP 88.01(6)(k) (k) An embryo chick at or beyond the blood ring stage.
ATCP 88.01(6)(L) (L) Adulteration under s. 97.02, Stats.
ATCP 88.01(7) (7) "Package" has the meaning given in s. ATCP 90.01 (16).
ATCP 88.01 Note Note: A "package" of eggs is the retail package in which the eggs are sold to a consumer. A "package" is different from a shipping container.
ATCP 88.01(8) (8) "Person" means an individual, corporation, partnership, limited liability company, cooperative, association or other business entity.
ATCP 88.01(9) (9) "Process" means to grade, size, candle, package or otherwise prepare eggs for sale.
ATCP 88.01(10) (10) "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 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.02 ATCP 88.02 Egg processing, handling and storage.
ATCP 88.02(1)(1)General. Except as provided in this chapter:
ATCP 88.02(1)(a) (a) A person who processes eggs in this state shall comply with applicable requirements under chs. ATCP 70 and 75.
ATCP 88.02(1)(b) (b) A person who operates a warehouse used for the storage of eggs shall comply with applicable requirements under ch. ATCP 71.
ATCP 88.02(1)(c) (c) A person who sells eggs at retail shall comply with applicable requirements under ch. ATCP 75.
ATCP 88.02(2) (2)Egg processing facilities.
ATCP 88.02(2)(a)(a) Egg grading rooms shall be kept reasonably clean during grading operations and shall be thoroughly cleaned at the end of each day's operations.
ATCP 88.02(2)(b) (b) Egg candling areas shall be dark enough to permit accurate determinations of egg quality.
ATCP 88.02(2)(c) (c) Egg candling lights shall be strong enough to disclose dirty eggs and to permit accurate determinations of egg quality.
ATCP 88.02(2)(d) (d) If automated grading equipment is used to detect blood inside of eggs or cracked shells or "checks," the equipment shall be calibrated and adjusted for sensitivity so that the processed eggs comply with applicable grade standards.
ATCP 88.02(2)(e) (e) Lighting in egg packing areas shall be adequate to disclose dirty packing materials and packing material defects that may affect the safety or quality of eggs.
ATCP 88.02(2)(f) (f) Equipment used to weigh eggs shall be kept reasonably clean and shall be routinely calibrated for accuracy.
ATCP 88.02(2)(g) (g) Dogs, cats and other domestic animals shall be kept out of egg processing and storage areas.
ATCP 88.02(3) (3)Egg storage facilities.
ATCP 88.02(3)(a)(a) Egg storage facilities shall be capable of maintaining eggs at temperatures required under s. ATCP 88.04, regardless of reasonably foreseeable external temperatures.
ATCP 88.02(3)(b) (b) Every egg storage facility shall be equipped with one or more accurate temperature measuring devices to monitor compliance with temperature standards under s. ATCP 88.04. The air temperature shall be monitored in representative locations of the egg storage facility.
ATCP 88.02(4) (4)Egg cleaning operations.
ATCP 88.02(4)(a)(a) Shell egg cleaning equipment shall be kept in good repair. Equipment shall be cleaned after each day's use and more frequently if necessary. Compounds used to clean or sanitize eggs shall be compounds listed in the current "List of Proprietary Substances and Nonfood Compounds" published semiannually by the United States department of agriculture.
ATCP 88.02 Note Note: The "List of Proprietary Substances and Nonfood Compounds," published semiannually by the United States department of agriculture, is on file with the department and may be obtained from the United States department of agriculture, agricultural marketing service, poultry programs, grading branch, 1400 Independence Avenue, S.W., Room 3938-South Building, Washington, D.C. 20250, STOP 0256.
ATCP 88.02(4)(b) (b) Water used to clean shell eggs shall be at least 20° F. warmer than the eggs, and shall not be colder than 90° F. Eggs may not be left standing or soaking in cleaning water.
ATCP 88.02(4)(c) (c) Eggs shall be removed from all scanning, washing, rinsing and other processing areas during employee rest periods if they would otherwise be exposed to excessive heat build-up during those periods.
ATCP 88.02(4)(d) (d) Washed eggs shall be reasonably dry before they are placed in packages or shipping containers.
ATCP 88.02(5) (5)Shell egg protection. If an oil is used to protect shell eggs, that oil shall be listed in the current "List of Proprietary Substances and Nonfood Compounds" published semiannually by the United States department of agriculture. A shell egg protection oil treatment, if any, shall be performed in a manner that prevents egg contamination and preserves egg quality.
ATCP 88.02 Note Note: The "List of Proprietary Substances and Nonfood Compounds," published semiannually by the United States department of agriculture, is on file with the department and may be obtained from the United States department of agriculture, agricultural marketing service, poultry programs, grading branch, 1400 Independence Avenue, S.W., Room 3938-South Building, Washington, D.C. 20250, STOP 0256.
ATCP 88.02(6) (6)Egg handling and packing.
ATCP 88.02(6)(a)(a) Eggs shall be handled and packed to minimize the likelihood that condensation will accumulate on the eggs.
ATCP 88.02(6)(b) (b) Eggs shall be packed so that a substantial majority of the packed eggs are placed in the package or shipping container with the small end down.
ATCP 88.02(6)(c) (c) Egg packages and shipping containers shall be all of the following:
ATCP 88.02(6)(c)1. 1. Clean and in good condition.
ATCP 88.02(6)(c)2. 2. Free of mold, mustiness and off-odors.
ATCP 88.02(6)(c)3. 3. Sufficiently strong and durable to protect eggs from damage during normal distribution.
ATCP 88.02 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.04 ATCP 88.04 Temperature standards.
ATCP 88.04(1) (1)Temperature prior to processing and packing. Eggs that are held prior to processing and packing for more than 24 hours after they are laid shall be kept at an average ambient temperature of 60° F. (16° C.) or below.
ATCP 88.04 Note Note: It is recommended that eggs be processed and packed as soon as practicable and within 5 days after they are laid.
ATCP 88.04(2) (2)Temperature after processing and packing.. Eggs which have been processed and packed shall be kept at an average ambient temperature of 45°F. (7°C.) or below at all times, including while they are being transported.
ATCP 88.04 Note Note: Mechanical refrigeration is recommended for eggs that are in transport for more than 4 hours.
ATCP 88.04(3) (3)Sale of frozen eggs prohibited. No person may sell or offer for sale any eggs that have been frozen.
ATCP 88.04 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.06 ATCP 88.06 Grade, size and quality standards.
ATCP 88.06(1)(1)Egg grades.
ATCP 88.06(1)(a)(a) Except as provided under par. (b), eggs sold or distributed in this state shall be labeled as grade AA, A or B, and shall conform to the United States grade standards specified for those grades under the federal act.
ATCP 88.06(1)(b) (b) Paragraph (a) does not apply to any of the following:
ATCP 88.06(1)(b)1. 1. Ungraded eggs clearly labeled as such.
ATCP 88.06(1)(b)2. 2. Eggs conforming to other grades or classifications permitted under the federal act, and clearly labeled as such.
ATCP 88.06(1)(b)3. 3. Eggs that are exempt from grading under the federal act.
ATCP 88.06(2) (2)Egg sizes.
ATCP 88.06(2)(a)(a) Except as provided under par. (b), eggs sold or distributed in this state shall be labeled as Jumbo, Extra Large, Large, Medium, Small or Peewee, and shall conform to the United States size standards specified for those sizes under the federal act.
ATCP 88.06(2)(b) (b) Paragraph (a) does not apply to any of the following:
ATCP 88.06(2)(b)1. 1. Ungraded eggs clearly labeled as such.
ATCP 88.06(2)(b)2. 2. Eggs conforming to other sizes or classifications permitted under the federal act, and clearly labeled as such.
ATCP 88.06(2)(b)3. 3. Eggs that are exempt from size labeling under the federal act.
ATCP 88.06 Note Note: United States consumer grades and sizes are described in "United States Standards, Grades, and Weight Classes for Shell Eggs" under 7 CFR 56 (c). A copy may be purchased from the United States department of agriculture, agricultural marketing service, poultry programs, grading branch, 1400 Independence Avenue, S.W., Room 3938-South Building, Washington, D.C. 20250, STOP 0256.
ATCP 88.06(3) (3)Minimum standards.
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