Section 88.34. Egg labeling.

 

(1)   Egg packages. Except as provided under sub. (3) (a) , a package of eggs shall be labeled with all of the following:

(a) Information required under ch. ATCP 90 , including all of the following:

1. A declaration of product identity under s. ATCP 90.02 .

2. A declaration of responsibility under s. ATCP 90.03 . If the responsible person identified on the package is not the person who packed the eggs, the package shall also include the packer identification number or shell egg handler registration number assigned by the U. S. department of agriculture, or the packer identification number assigned by the state in which the packing operation is located. A U.S. 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.

3. A declaration of net quantity under ss. ATCP 90.04 and 90.08 (16) (c) .

4. Nutrition labeling under s. ATCP 90.10 and 21 CFR 101.9 .

(b) The grade and size of the eggs, if required under s. ATCP 88.24 . 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.

(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.

(d) The statement "SAFE HANDLING INSTRUCTIONS:" in bold type size followed by the statement "To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly." The statement shall be printed in type size no smaller than 1/16 inch and shall appear in a hairline box. The statement shall appear on the principal display panel, the information panel, or the inside lid of the egg carton.

(e) The date on which the eggs were packed. The date of packing may be indicated by an abbreviation consisting of one of the following:

1. The first three letters of the month and the calendar date.

2. The numerically consecutive day of the year, also known as the Julian calendar date.

(f) One of the following dates, in addition to the packing date under par. (e) :

1. An expiration date or "sell by" date after which the eggs may not be offered for sale or sold at retail. The period from the packing date until the expiration date may not exceed 30 days, including the packing date. 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 "EXP" or "sell by" which clearly identifies it as an expiration date or "sell by" date.

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. The period from the packing date until the "use by" date shall not exceed 45 days, including the packing date.

(2)   Egg 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:

(a) A statement identifying the contents of the container.

(b) The name and address of the responsible person in whose name the eggs are packed and distributed. If the responsible person did not pack the eggs, 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 packed the eggs, the packer's identification number or shell egg handler registration number, pursuant to sub. (1) (a) 2. , may appear in place of the packer's name and address.

(c) The net quantity of eggs contained in the shipping container.

(d) The grade and size of the eggs contained in the shipping container, if required under s. ATCP 88.24 .

(e) The statement "KEEP REFRIGERATED" or an equivalent statement indicating that the eggs must be refrigerated.

(f) The date on which the eggs were packed.

(g) One of the following dates, in addition to the packing date under par. (f) :

1. An expiration date or "sell by date" after which the eggs may not be sold or offered for retail sale. The period from the packing date to the expiration date or "sell by" date may not exceed 30 days, including the packing date. 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.

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. The period from the packing date to the "use by" date shall not exceed 45 days, including the packing date.

(3)   Eggs sold or shipped by producer to an egg handler, exemption.

(a) Subsections (1) and (2) do not apply to eggs which are being shipped from an egg producer to an egg handler who packs the eggs.

(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.

(4)   Eggs sold or shipped by producer directly to consumers. Packages containing eggs which the producer sells directly to household consumers on the premises where the eggs are laid or as part of a community-supported agriculture business shall be labeled with the following:

(a) The egg producer's name and address.

(b) The date on which the egg producer packed the eggs into the carton.

(c) A "sell by" date that falls no more than 30 days after the date on which the eggs were packed into the carton.

(d) A statement indicating that the eggs in the package are ungraded and uninspected.

(5)   Eggs removed from retail sale.

(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) (f) 1. or (2) (g) 1. If otherwise used as human food, the eggs shall meet at least the standard for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs.

(b) Eggs labeled with dates under subs. (1) (f) or (2) (g) shall retain those dates and may not be repackaged or relabeled with any other dates.

(6)   Organic eggs. No egg may be displayed or sold in a package labeled "organic" unless the practices employed in egg production and handling are in compliance with the national organic program regulations in 7 CFR part 250 , or any rules promulgated by the department under s. 97.09 (5) , Stats.

History: CR 14-037 : cr. Register April 2015 No. 712 , eff. 5-1-15; correction in (1) (a) made under s. 13.92 (4) (b) 7. , Stats., Register April 2015 No. 712 .

Note

Only eggs graded under USDA's Agricultural Marketing Services' voluntary egg-quality grading program are eligible to be packaged in cartons bearing the USDA grade shield or labeled as "USDA" Grade AA, A, or B. Additional information about USDA's egg grading services may be acquired from the following address: National Supervisor Shell Eggs, USDA-AMS Livestock, Poultry, and Seed Program, Poultry Grading Division, 1400 Independence Avenue, SW, Stop 0258, Washington, D.C. 20250. Telephone: [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1