DATCP opens scope-statement review of ATCP 88 egg rules; stakeholders press for clarity on 150- and 3,000-bird thresholds and traceability

Max Huebner, program and policy analyst with the dairy program at the Department of Agriculture, Trade and Consumer Protection, opened a virtual meeting on the department’s planned scope statement for revising ATCP 88, the state egg-handling chapter. "My name is Max Huebner. I'm the program and policy analyst with the dairy program," he said, and he explained the meeting would collect problems with the current rule rather than propose final regulatory language.

The scope-statement meeting focused on whether to open multiple portions of ATCP 88 for revision and on specific points that stakeholders flagged as unclear or out of date. The most discussed items were (1) the 150-laying-bird threshold that affects state licensing and retail exemptions, (2) the federal 3,000-layer threshold that affects FDA oversight and testing, and (3) traceability and recall requirements raised by public-health staff.

Why it matters: changes to ATCP 88 would affect small producers who sell at farmers markets and direct to consumers, grading and processing facilities, and public-health outbreak investigations. Several public-health speakers urged the department to maintain or strengthen traceability and recall provisions so investigators can identify sources quickly during salmonella or other eggborne outbreaks.

Licensing and the 150-layer exemption

Staff outlined that ATCP 88.022 currently exempts producers with 150 or fewer laying birds from a food processing license, while those selling at retail sites may still require a retail food establishment license or a transient license for farmers markets. Stakeholders asked whether the 150-bird threshold remains practical and how it interacts with other code sections referenced in ATCP 88, including ATCP 75.03 and ATCP 97.3.

A DATCP staff member, Alex, said the department can open the…