Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 88 - Egg Grading, Handling And Labeling
Subchapter I - General Provisions
Section ATCP 88.02 - Licensing and Registration

Universal Citation: WI Admin Code ยง ATCP 88.02

Current through August 26, 2024

(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.

(2) LICENSE EXEMPTIONS. A food processing plant license is not required under s. 97.29, Stats., or this section, for:

(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.

(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.

(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.

(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.

(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.

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