This rule is expected to have a positive impact on small-scale egg producers, as it removes the requirement to obtain a food processing plant license to gather and pack eggs from their flock that are later sold to consumers at farmers’ markets and on egg sales routes, and removes the requirement to hold a retail food establishment license for sales of eggs to consumers at the egg producer’s farm or through a community-supported agriculture business. Egg producers selling nest-run eggs to an egg handler will be required to register with DATCP, which will require a very small expenditure of time and, for some producers, postage, but these producers will not be required to hold a food processing plant license. The rule will not increase licensing fees. Some licensed egg handling operations may need to upgrade facilities, e.g. sinks, walls, temperature monitoring devices, in order to meet requirements in the rule. The rule will have no economic impact on local governmental units or public utility rate-payers.
DATCP Contact
Peter Haase, Director
Bureau of Food Safety and Inspection
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
_____________________________________________________________________________
Section 1. ATCP 70.02 (16) (h) and (i) are created to read:
ATCP 70.02 (16) (h) The collection, packing and storage of eggs from a flock of not more than 150 laying birds by an egg producer who only sells the eggs directly to consumers at the premises where the eggs were laid, at a farmers’ market, or on an egg-sales route.
ATCP 70.02 (16) (i) The collection, packaging, and storage of nest-run eggs, as defined in s. ATCP 88.01, from a flock of laying birds by an egg producer who is registered with the department in accordance with s. ATCP 88.02 and who sells the nest-run eggs to an egg handler. Section 2. ATCP 70.04 (17) is created to read:
ATCP 70.04 (17) Egg handling facilities. Egg handling facilities shall meet the requirements in ss. ATCP 88.06 and ATCP 88.08. Section 3. ATCP 70.06 (11) is created to read:
ATCP 70.06 (11) Equipment and utensils in egg handling facilities. Equipment for candling, grading and weighing eggs shall meet the requirements of s. ATCP 88.12 (5). Section 4. ATCP 70.09 (8) is created to read:
ATCP 70.09 (8) Egg cleaning and storage. Cleaning and storage of eggs shall be done in compliance with the requirements of s. ATCP 88.20. Section 5. ATCP 70.10 (6) is created to read:
ATCP 70.10 (6) Egg packaging and labeling. The packaging and labeling of eggs shall be done in compliance with the requirements of ss. ATCP 88.32, ATCP 88.34, and ATCP 88.38. Section 6. ATCP 75 (appendix) (3-201.11) (H) is created to read:
ATCP 75 (appendix) (3-201.11)(H) Eggs shall be: (1) from an egg handler complying with the requirements of ATCP 88 and holding a food processing plant license under s. 97.29, Stats., (2) From an egg handler complying with the law of another state, or
(3) Sold directly to the consumer by an egg producer exempted under s.97.28, Stats., and s. ATCP 88.02 and selling nest-run or washed, candled, graded, sized, or packaged eggs from a flock of not more than 150 laying birds owned by the producer. Section 7. ATCP 75 (appendix) (3-202.13) is amended to read:
ATCP 75 (appendix) (3-202.13) Eggs.
Eggs shall be received clean and sound and may not exceed the restricted egg tolerances
Section 8. ATCP 88 is repealed and recreated to read:
EGGS
Subchapter I-General Provisions
ATCP 88.01 Definitions.
ATCP 88.02 Licensing and registration.
ATCP 88.04 Federal registrations and records.
Subchapter II-Egg Facilities
ATCP 88.06 Egg handling and storage facilities.
ATCP 88.08 Egg handling rooms.
ATCP 88.10 Operations water.
Subchapter III-Equipment and Utensils
ATCP 88.12 Equipment and utensil requirements.
ATCP 88.14 Cleaning and sanitizing equipment and utensils.
Subchapter IV-Egg Handling Operations
ATCP 88.16 Personnel standards.
ATCP 88.18 Temperature standards.
ATCP 88.20 Egg cleaning and storage operations.
ATCP 88.22 Candling.
ATCP 88.24 Grading standards for chicken eggs.
ATCP 88.26 Minimum tolerance standards.
ATCP 88.28 Restricted eggs.
ATCP 88.30 Shell egg protection.
Subchapter V-Packing and Labeling
ATCP 88.32 Egg packing.
ATCP 88.34 Egg labeling.
ATCP 88.36 Labeling of baluts.
ATCP 88.38 Deceptive practices.
Subchapter VI-Recordkeeping, Recall Planning, and Enforcement
ATCP 88.40 Dealers buying eggs from producers; receipts.
ATCP 88.42 Recall plan.
ATCP 88.44 Enforcement.
SUBCHAPTER I
GENERAL PROVISIONS
ATCP 88.01 Definitions. In this chapter:
(1) “Ambient temperature” means the temperature of the air surrounding eggs or packages of eggs.
(2) “Balut” means a fertile egg which is incubated for a period of time shorter than is necessary for hatching.
(3) “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.
(4) “Check” means an egg that has a broken shell or crack in the shell but has intact shell membranes and no leaking of contents.
(5) “Community-supported agriculture business” means a farm with which individuals contract to regularly receive two or more different agricultural products, which may include eggs, originating from the farm.
(6) “Consumer” means an individual purchasing eggs which will be consumed by the individual, their family, or their non-paying guests.
(7) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.
(8) “Dirty” means an egg, with an unbroken shell, that has either of the following:
(a) Dirt or foreign material adhering to the shell’s surface.
(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.
(9) “Egg” means the shell egg of the domestic chicken, Gallus gallus domesticus; turkey, duck, goose, guinea or other avian species whose eggs are consumed by humans.
(10) “Egg handler” means a person who washes, grades, sizes, candles, packages, stores, handles, or otherwise prepares eggs for sale, but does not include a person who handles nest-run eggs and otherwise prepares nest-run eggs for sale..
(11) “Egg producer” means a person who sells eggs only laid by birds owned by that person.
(12) “Egg sales route” means one or more residences inhabited by consumers who regularly buy eggs from an egg producer traveling to the residences.
(13) “Farmers’ market” means a common facility where two or more farmers or growers gather on a regular basis to sell raw agricultural commodities, eggs, and processed foods which they produce, directly to consumers.
(14) “Federal egg grading act” means the agricultural marketing act of 1946, as amended (7 USC 1621 et seq.), and U.S. standards, grades and weight classes for shell eggs issued under the act. (16) “Federal egg safety rule” means regulations in 21 CFR 16.5 (a) (5) and 21 CFR part 118, and enforced by the U.S. food and drug administration.
