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ATCP 88.08(1)(a)3. 3. A declaration of net quantity under ss. ATCP 90.04 and 90.08 (16) (c).
ATCP 88.08(1)(a)4. 4. Nutrition labeling under s. ATCP 90.10.
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)1. 1. The first three letters of the month and the calendar date.
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)(a) (a) A statement identifying the contents of the container.
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)(d) (d) The grade and size of the eggs contained in the shipping container, if required under s. ATCP 88.06.
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)(f) (f) The date on which the eggs were packed.
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) (3)Eggs sold or shipped by producer, exemption.
ATCP 88.08(3)(a)(a) Subsections (1) and (2) do not apply to either of the following:
ATCP 88.08(3)(a)1. 1. Eggs which are being shipped from the producer to the packer.
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) (4)Eggs removed from retail sale.
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)(b) (b) The date on which the eggs were graded.
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.
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