ATCP 88.01(18)(g) (g) Stuck yolk.

ATCP 88.01(18)(h) (h) Mold.

ATCP 88.01(18)(i) (i) Mustiness.

ATCP 88.01(18)(j) (j) A blood ring observable upon candling.

ATCP 88.01(18)(k) (k) An embryo chick at or beyond the blood ring stage, unless such egg is classified as a balut.

ATCP 88.01(18)(L) (L) Adulteration as defined under s. 97.02, Stats.

ATCP 88.01(19) (19) “Leaker” means an egg that has a crack or break in the shell and shell membranes, to the extent that the egg contents are exposed or are exuding or free to exude through the shell.

ATCP 88.01(20) (20) “Loss” means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or is overheated, frozen, or contaminated.

ATCP 88.01(21) (21) “Nest-run” means eggs that do not receive more than minimal washing, and are not graded or candled before sale.

ATCP 88.01(22) (22) “Official egg products plant” means a place of business, regulated by the U.S. department of agriculture under the federal egg products inspection act, that manufactures egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products.

ATCP 88.01(23) (23) “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(24) (24) “Packing” means placing eggs into a package or shipping container.

ATCP 88.01(25) (25) “Person” means an individual, corporation, partnership, limited liability company, cooperative, association, or other business entity.

ATCP 88.01(26) (26) “Restricted egg” means any egg that is a check, dirty, incubator reject, inedible, leaker, or loss.

ATCP 88.01(27) (27) “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(28) (28) “Storage” means the holding of eggs before sale for longer than 24 hours.

ATCP 88.01(29) (29) “U.S. Consumer Grade B” means eggs which are, on the basis of a sample obtained in accordance with 7 CFR 56.4, at least 90 percent grade B quality or better, of which not more than 10 percent are checks and not more than 0.50 percent (at origin) or 1 percent (at destination) are leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

ATCP 88.01(30) (30) “U.S. standards, grades, and weight classes for shell eggs” means standards maintained by the agricultural marketing service of the U.S. department of agriculture and published in U.S. Standards, Grades, and Weight Classes for Shell Eggs (AMS 56), July 20, 2000.

ATCP 88.01(31) (31) “Warehouse” has the meaning given in s. 97.27 (1) (b), Stats.

ATCP 88.01 History History: CR 14-037: cr. Register April 2015 No. 712, eff. 5-1-15; correction in (6) made under s. 35.17, Stats., Register April 2015 No. 712; numbering corrections in (17), (18), (29), (30) made under s. 13.92 (4) (b) 1., Stats., Register April 2015 No. 712.

ATCP 88.02 ATCP 88.02 Licensing and Registration.

ATCP 88.02(1) (1) Food processing plant license required. Except as provided under sub. (2), no egg handler may conduct egg handling activities, including sales of eggs to a licensed egg handler, retail food establishment, food processing plant, or community-supported agriculture business, without a valid license issued by the department for a food processing plant under s. 97.29, Stats. The license holder shall meet all requirements of s. ATCP 70.03.

ATCP 88.02(2) (2) License exemptions. A food processing plant license is not required under s. 97.29, Stats., or this section, for:

ATCP 88.02(2)(a) (a) An egg producer collecting, packing, and storing eggs from a flock of not more than 150 laying birds and who only sells the eggs directly to consumers at the premises where the eggs were laid, a farmers’ market, or on an egg sales route. The eggs may or may not be washed, candled, and graded, and shall be labeled as ungraded and uninspected, and packages containing the eggs shall have the seller’s name, address, pack date, and a “sell-by” date not more than 30 days after the pack date on them.

ATCP 88.02(2)(b) (b) An egg producer collecting, packaging, and storing nest-run eggs from a flock of laying birds owned by the producer and who is registered with the department under sub. (4), and who sells the nest-run eggs to an egg handler. The producer shall not sell obviously restricted eggs.

ATCP 88.02(3) (3) Food warehouse license required. No egg producer or egg handler may receive eggs from another egg producer or egg handler and store the eggs for more than 24 hours before selling them without a valid license issued by the department for a food warehouse under s. 97.27, Stats.

ATCP 88.02(4) (4) Registration. An egg producer, exempt from food processing plant licensing requirements under sub. (2) (b), shall register with the department before selling eggs. Registration may occur in any license year ending March 31, and the registration expires at the end of the license year. Registration shall be in writing on a form provided by the department or online at http://datcp.wi.gov. There shall be no fee to register.

ATCP 88.02(5) (5) Retail food establishment license. Except for egg producers selling eggs directly to consumers at the egg producer’s premises or as part of a community-supported agriculture business operated by the egg producer, no egg producer may sell eggs directly to consumers, including sales at a farmers’ market or on an egg sales route, without a valid license issued by the department for a retail food establishment under s. 97.30, Stats. The license holder shall meet all requirements of s. ATCP 75.03.