Subchapter V — Bottling Establishments; Supplementary Requirements
Bottling establishments; general.
Automatic bottle washing.
Returnable and single-service bottles.
Product sampling; recordkeeping; reports.
Water and potable liquids transported in bulk.
Labeling bottled products.
Subchapter VI — Effect of Rules on Local Ordinances
Effect of rules on local ordinances.
Ch. ATCP 70 Note
Chapter Ag 40 as it existed on October 31, 1989, was repealed and a new chapter Ag 40 was created effective November 1, 1989; Chapter Ag 40 was renumbered ch. ATCP 70 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
This chapter applies to all food processing plants as defined under s. ATCP 70.02 (17)
, regardless of whether the food processing plant is subject to licensing under s. 97.29
, Stats., or this chapter.
ATCP 70.01 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89.
As used in this chapter:
"Approved sanitizer" means a substance or compound approved by the department for the sanitizing of equipment or utensils under s. ATCP 70.11 (4)
"Bakery" means any place where bread, crackers, pasta or pies, or any other food product for which flour or meal is the principal ingredient, are baked, cooked or dried, or prepared or mixed for baking, cooking or drying, for sale as food.
"Bottle" means the immediate package or container in which bottled drinking water, soda water beverage or alcohol beverage is sold or distributed for consumption. "Bottle" includes a bottle cap or other seal for a bottle.
"Bottled drinking water" means all water packaged in bottles or similar containers and sold or distributed for drinking purposes. "Bottled drinking water" includes distilled water, artesian water, spring water and mineral water, whether carbonated or uncarbonated.
"Bottling establishment" means any place where drinking water, soda water beverage or alcohol beverage is manufactured or bottled for sale. "Bottling establishment" does not include a retail establishment engaged in the preparation and sale of beverages under a license issued under s. 125.26
, Stats., or a restaurant permit or other permit issued under s. 254.64
"C-I-P system" means equipment which is designed, constructed and installed to be cleaned in place by the internal circulation of cleaning and sanitizing solutions onto product contact surfaces.
"Canning" means the preservation and packaging in hermetically sealed containers of low-acid or acidified foods.
"Cold-process smoked fish" or "cold-process smoke flavored fish" means fish which is treated with smoke or smoke flavoring to give it a smoked flavor, but which is not fully cooked or heat treated to coagulate protein in fish loin muscle.
"Confectionary" means any place where candy, fruit, nut meats or any other food product is manufactured, coated or filled with saccharine substances for sale as food.
"Critical control point" means a point in food processing at which a failure to monitor a food safety variable such as pH, temperature, time, or water activity (aw), or a failure to control any food safety variable within critical limits or according to specific criteria, may result in an unacceptable food safety risk having a potentially adverse impact on human health.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Equipment" means an implement, vessel, machine or apparatus, other than a utensil, which has one or more food contact surfaces and is used in the handling or processing of food at a food processing plant. "Equipment" includes C-I-P systems.
"Fish" means any kind of fresh or salt water fish, or seafood, without limitation.
"Fish processing plant" means a food processing plant which produces processed fish or fish products.
"Food contact surface" means any surface of equipment, utensils or food packages with which food normally comes in direct contact, or from which materials may drain, drip or otherwise be drawn into food.
"Food package" means the immediate container in which food is sold or shipped from a food processing plant. "Food package" includes a bulk container or shipping container which has one or more food contact surfaces.
"Food processing" means the manufacture or preparation of food for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. "Food processing" includes the activities of a bakery, confectionary or bottling establishment, and also includes the receipt and salvaging of distressed food for sale or use as food. "Food processing" does not include any of the following:
Activities covered under a meat or poultry establishment license issued under s. 97.42
The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a restaurant permit or other permit issued under s. 254.64
The extraction of honey from the comb, or the production and sale of raw honey or raw bee products by a beekeeper.
The washing and packaging of fresh fruits and vegetables if the fruits and vegetables are not otherwise processed at the packaging establishment.
The receipt and salvaging of distressed food for sale or use as food if the food is received, salvaged and used solely by a charitable organization and if contributions to the charitable organization are deductible by corporations in computing net income under s. 71.26 (2) (a)
"Food processing plant" means any place where food processing is conducted. "Food processing plant" does not include any establishment subject to the requirements of s. 97.30
, Stats., or any restaurant or other establishment holding a permit under s. 254.64
, Stats., to the extent that the activities of that establishment are covered by s. 97.30
, Stats., or the permit under s. 254.64
"Hazard analysis and critical control point plan" or "HACCP plan" means a food processing plan under which a food processing plant operator effectively prevents, controls, or eliminates food safety hazards by monitoring food safety variables at critical control points, and by controlling those variables within critical limits.
"Hot-process smoked fish" or "hot-process smoke flavored fish" means fish that is all of the following:
Fully cooked or heat treated, or sold or represented as being fully cooked or heat treated.
"Ingredient water" means water used by a food processing plant as an ingredient for food.
"Juice" means aqueous liquids expressed or extracted from fruits or vegetables, purées of the edible portions of fruits or vegetables, or combinations or concentrates of those liquids or purées, which are used as whole beverages or beverage ingredients.
"Loin muscle" means the longitudinal quarter of the great lateral muscle of a fish, freed from skin, scales, visible blood clots, bones, gills and viscera and from the nonstriated part of such muscle, which part is known anatomically as the median superficial muscle.
"Major food allergen" means milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts and soybeans. "Major food allergen" includes any food or food ingredient, other than highly refined oil or an ingredient derived from highly refined oil, which contains protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts or soybeans. "Major food allergen" does not include a food that is exempted by the secretary of the United States department of health and human services pursuant to 21 USC 321
"Official methods of analysis" means the official methods of AOAC International, eighteenth edition revision 2 (2007).
ATCP 70.02 Note
Note: Those portions of the official methods of analysis cited in this chapter are on file with the department and the legislative reference bureau. The complete volume of official methods of analysis may be obtained from the association of official analytical chemists, 1111 North Nineteenth Street, Suite 210, Arlington, Virginia 22209.
"Operations water" means water which is used by a food processing plant for cleaning equipment and utensils, handwashing, or other cleaning or sanitizing purposes.
"Organoleptic quality" means quality as assessed by means of sight, smell, touch, or taste.
"Processed fish" means fish that is processed or preserved for human consumption by means of smoking, curing, salting, drying, marinating, pickling, fermenting or related processes. "Processed fish" does not include fish processed in accordance with s. ATCP 70.13
"Roe" means fish eggs, including fish eggs that are still enclosed in the ovarian membrane.
"Safe temperatures" for the holding or storage of potentially hazardous foods means one of the following:
Temperatures at or below 41°F. (5°C.) for refrigerated foods, except as provided in par. (c)
Temperatures at or below 38°F. (3.4°C.) for refrigerated fish or fish products.
Temperatures that maintain frozen food in a constantly frozen condition.
"Salt content" or "salt in the water phase," means the percent salt (sodium chloride) as determined by the method described in sections 18.034 and 18.035 of the official methods of analysis, multiplied by 100 and divided by the percent salt (sodium chloride) plus the percent moisture in the finished product as determined by the method described in section 24.002 of the official methods of analysis.
"Sanitize" means to destroy pathogens and other microorganisms, to the maximum practicable extent, by the application of an approved sanitizer or sanitizing method to food contact surfaces of equipment, utensils or food packages which are otherwise clean.
"Single service article" means any utensil or food package, or any part of a utensil or food package, which is designed to be used only once prior to disposal.
"Smoked fish" means any food obtained by subjecting fresh fish, frozen fish, dried fish or cured fish to the direct action of smoke or smoke flavor, whether by burning wood or a similar burning material, or by applying a smoke-flavored solution, for the primary purpose of imparting the flavor and color of smoke to fish.
"Soda water beverage" means all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened or flavored. "Soda water beverage" does not include alcohol beverages.
"Utensil" means a hand-held or similarly portable container or device, such as a tong, spatula, strainer or scoop, which has one or more food contact surfaces and is used in the processing or handling of food at a food processing plant. "Utensil" does not include a food package.
ATCP 70.02 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; cr. (8m), (9m), (17m), (17n), (22n), am. (12m), (16) (c), (20), r. and recr. (22), (23), Register, April, 1996, No. 484
, eff. 5-1-96; CR 09-009
: am. (6), (16) (d), (17), (20), renum. (17m) and (22m) to be (17g) and (22c) and am. (17g), cr. (18m), (19m), (21m), (22g), (22p), r. and recr. (22), (22n), (23) Register October 2009 No. 646
, eff. 11-1-09; renumber of (21m) made under s. 13.92 (4) (b) 1.
, Stats., Register October 2009 No. 646
Food processing plants; licensing; fees. ATCP 70.03(1)(1)
Except as provided under sub. (7)
, no person may operate a food processing plant without a valid license issued by the department for that food processing plant under s. 97.29
, Stats. A food processing plant license expires on March 31 annually. A license is not transferable between persons or food processing plants.
(2) License application.
Application for an annual food processing plant license shall be made on a form provided by the department. The application shall include applicable fees required under this section.
(2m) Annual license fee.
An applicant for a food processing plant license shall pay an annual license fee. Except as provided in sub. (2n)
, the fee amount is as follows:
For a food processing plant that has an annual production of at least $25,000 but less than $250,000, and is engaged in processing potentially hazardous food or in canning, an annual license fee of $400.
For a food processing plant that has an annual production of at least $250,000, and is engaged in processing potentially hazardous food or in canning, an annual license fee of $835.
For a food processing plant that has an annual production of at least $25,000 but less than $250,000, and is not engaged in processing potentially hazardous food or in canning, an annual license fee of $160.
For a food processing plant that has an annual production of at least $250,000, and is not engaged in processing potentially hazardous food or in canning, an annual license fee of $520.
For a food processing plant that has an annual production of less than $25,000, an annual license fee of $95.
(2n) Canning operations; license fee surcharge.
If a food processing plant is engaged in canning operations and has an annual production of $25,000 or more, the operator shall pay an annual license fee surcharge of $320, which shall be added to the license fee under sub. (2m)
ATCP 70.03 Note
Note: The treatment of subs. (2m) and (2n) first applies to applications for new licenses that are filed on or after February 1, 1998 and to renewals of food processing plant licenses which expire on March 31, 1998.
(2p) Surcharge for operating without a license.
An applicant for a license under sub. (1)
shall pay a license fee surcharge of $100 if the department determines that, within one year prior to submitting the license application, the applicant operated the food processing plant without a license in violation of sub. (1)
. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the food processing plant, but does not constitute evidence of a violation of any law.
If the department reinspects a food processing plant because the department has found a violation of ch. 97, Stats.
, or this chapter on a regularly scheduled inspection, the department shall charge the food processing plant operator the reinspection fee specified under par. (b)
. A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to a food processing plant operator.