ATCP 88.06(3)(a)(a) Except as provided under
par. (b) or, no person may sell or distribute for sale as human food any eggs that fail to meet United States minimum standards for grade B eggs, regardless of whether the eggs are labeled as graded or ungraded eggs.
ATCP 88.06(3)(b)1.
1. Eggs which the egg producer sells directly to a household consumer on the premises where the eggs are produced.
ATCP 88.06(4)
(4) Inedible eggs. Inedible eggs may not be sold or distributed for sale as human food and shall be disposed of as provided under the federal act.
ATCP 88.06 History
History: Cr.
Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.08(1)(1)
Egg packages. Except as provided under
sub. (3) (a), a package of eggs shall be labeled with all of the following:
ATCP 88.08(1)(a)2.
2. A declaration of responsibility under
s. ATCP 90.03. If the responsible person identified on the package is not the egg packer, the package shall also include the packer identification number or shell egg handler registration number assigned by the United States department of agriculture, or the packer identification number assigned by the state in which the packing operation is located. A United States department of agriculture (USDA) packer number shall be preceded by the letter "P". A state packer number shall be preceded by a 2-letter abbreviation which identifies the state.
ATCP 88.08(1)(b)
(b) The grade and size of the eggs, if required under
s. ATCP 88.06. The grade and size shall be printed on the principal display panel in letters not less than 3/16 inch high. If the eggs are not graded, the word "UNGRADED" shall be printed in letters at least 1/4 inch high on the principal display panel. Ungraded eggs may be sold from bulk containers if a sign or placard adjacent to the bulk display identifies the eggs as ungraded eggs.
ATCP 88.08(1)(c)
(c) The statement "KEEP REFRIGERATED" or an equivalent statement indicating that the eggs must be refrigerated. The statement shall be printed on the principal display panel in letters not less than 3/16 inch high.
ATCP 88.08(1)(d)
(d) The date on which the eggs were packed. The date of packing may be indicated by an abbreviation consisting of one of the following:
ATCP 88.08(1)(d)2.
2. The numerically consecutive day of the year, also known as the Julian calendar date.
ATCP 88.08(1)(e)
(e) One of the following dates, in addition to the packing date under
par. (d):
ATCP 88.08(1)(e)1.
1. An expiration date or "sell by" date after which the eggs may not be offered for sale or sold at retail. The expiration date may not be more than 30 days from the packing date, including the day on which the eggs were packed. The expiration date or "sell by" 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 88.08(1)(e)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.
ATCP 88.08(2)
(2) 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 88.08(2)(b)
(b) The name and address of the responsible person in whose name the eggs are packed and distributed. If the responsible person is not the egg packer, 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 is the packer, the packer's identification number or shell egg handler registration number under
sub. (1) (a) 2. may appear in place of the packer's name and address.
ATCP 88.08(2)(c)
(c) The net quantity of eggs contained in the shipping container.
ATCP 88.08(2)(e)
(e) The statement "KEEP REFRIGERATED" or an equivalent statement indicating that the eggs must be refrigerated.
ATCP 88.08(2)(g)
(g) One of the following dates, in addition to the packing date under
par. (f):
ATCP 88.08(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 expiration date or "sell by" date may not be more than 30 days from the packing date, including the day on which the eggs were packed. 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 88.08(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.
ATCP 88.08(3)(a)2.
2. Eggs which the producer sells directly to household consumers on the premises where the eggs are produced.
ATCP 88.08(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 88.08(4)(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) (e) 1. or
(2) (g) 1. If otherwise used as human food, the eggs shall meet at least grade B egg standards.
ATCP 88.08(4)(b)
(b) Eggs labeled with dates under
subs. (1) (e) or
(2) (g) shall retain those dates and may not be repackaged or relabeled with any other dates.
ATCP 88.08 History
History: Cr.
Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.10
ATCP 88.10
Deceptive practices. No person may do any of the following in connection with the sale or distribution of eggs:
ATCP 88.10(1)
(1) Misrepresent the grade, size, or quality of the eggs, the date on which the eggs were packed, or the sale expiration date of the eggs.
ATCP 88.10(2)
(2) Use any term, such as "super jumbo" or "super one dozen," that tends to exaggerate the number or size of eggs.
ATCP 88.10(3)
(3) Sell, offer for sale, or distribute eggs in any misbranded package or shipping container.
ATCP 88.10(4)
(4) Offer for sale or sell eggs without clearly indicating the grade and size of the eggs or that they are ungraded.
ATCP 88.10(5)
(5) Represent that eggs are fresh unless they conform to grade standards specified for grade A or grade AA eggs under the federal act.
ATCP 88.10 History
History: Cr.
Register, October, 1996, No. 490, eff. 11-1-96.
ATCP 88.12
ATCP 88.12
Dealers buying eggs from producers; receipts. ATCP 88.12(1)(1) No person may buy eggs from a producer for resale, where the price paid to the producer is based on the grade or size of the eggs, unless that person provides that producer with a written receipt showing all of the following:
ATCP 88.12(1)(a)
(a) The grades and sizes of the eggs purchased from the producer, including the number of dozen and price per dozen purchased in each grade and size category. Grades and sizes shall be determined according to
s. ATCP 88.06.
ATCP 88.12(1)(c)
(c) Whether the eggs were graded by or for the person purchasing the eggs from the producer.
ATCP 88.12(2)
(2) A person required to give a receipt under
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 88.12 Note
Note: A person who violates this chapter may be prosecuted under ss.
93.21 and
97.72, Stats.
ATCP 88.12 History
History: Cr.
Register, October, 1996, No. 490, eff. 11-1-96.
