ATCP 70.02(17n) (17n) “Hot-process smoked fish" or “hot-process smoke flavored fish" means fish that is all of the following:
ATCP 70.02(17n)(a) (a) Fully cooked or heat treated, or sold or represented as being fully cooked or heat treated.
ATCP 70.02(17n)(b) (b) Treated with smoke or smoke flavoring to give it a smoked flavor.
ATCP 70.02(18) (18) “Ingredient water" means water used by a food processing plant as an ingredient for food.
ATCP 70.02(18m) (18m) “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.
ATCP 70.02(19) (19) “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.
ATCP 70.02(19m) (19m) “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(qq)(2).
ATCP 70.02(20) (20) “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 Official Methods of Analysis of AOAC International may be obtained from the AOAC International, 2275 Research Blvd., Rockville, MD 20850.
ATCP 70.02(21) (21) “Operations water" means water which is used by a food processing plant for cleaning equipment and utensils, handwashing, or other cleaning or sanitizing purposes.
ATCP 70.02(21m) (21m) “Organoleptic quality" means quality as assessed by means of sight, smell, touch, or taste.
ATCP 70.02(22) (22) “Potentially hazardous food" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10 (B)(66).
ATCP 70.02(22c) (22c) “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 or 70.14.
ATCP 70.02(22g) (22g) “Ready-to-eat food" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10(B)(71).
ATCP 70.02(22n) (22n) “Reduced oxygen packaging" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10 (B)(72).
ATCP 70.02(22p) (22p) “Roe" means fish eggs, including fish eggs that are still enclosed in the ovarian membrane.
ATCP 70.02(23) (23) “Safe temperatures" for the holding or storage of potentially hazardous foods means one of the following:
ATCP 70.02(23)(a) (a) Temperatures at or above 135° F. (57° C.) for heated foods.
ATCP 70.02(23)(b) (b) Temperatures at or below 41°F. (5°C.) for refrigerated foods, except as provided in par. (c).
ATCP 70.02(23)(c) (c) Temperatures at or below 38°F. (3.4°C.) for refrigerated fish or fish products.
ATCP 70.02(23)(d) (d) Temperatures that maintain frozen food in a constantly frozen condition.
ATCP 70.02(24) (24) “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.
ATCP 70.02(25) (25) “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.
ATCP 70.02(26) (26) “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.
ATCP 70.02(27) (27) “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.
ATCP 70.02(28) (28) “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.
ATCP 70.02(29) (29) “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 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; CR 14-037: cr. (16) (h), (i) Register April 2015 No. 712, eff. 5-1-15; correction in (6), (16) (c), (17) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.
subch. II of ch. ATCP 70 Subchapter II — General Requirements
ATCP 70.03 ATCP 70.03Food processing plants; licensing; fees.
ATCP 70.03(1)(1)License required. 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.
ATCP 70.03(2) (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.
ATCP 70.03(2m) (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:
ATCP 70.03(2m)(a) (a) 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.
ATCP 70.03(2m)(b) (b) 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.
ATCP 70.03(2m)(c) (c) 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.
ATCP 70.03(2m)(d) (d) 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.
ATCP 70.03(2m)(e) (e) For a food processing plant that has an annual production of less than $25,000, an annual license fee of $95.
ATCP 70.03(2n) (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.
ATCP 70.03(2p) (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.
ATCP 70.03(2r) (2r)Reinspection fee.
ATCP 70.03(2r)(a)(a) 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.
ATCP 70.03(2r)(b) (b) The reinspection fee required under par. (a) is as follows:
ATCP 70.03(2r)(b)1. 1. For a food processing plant that has an annual production of less than $250,000, and is engaged in processing potentially hazardous food or in canning, the reinspection fee is $255.
ATCP 70.03(2r)(b)2. 2. 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, the reinspection fee is $525.
ATCP 70.03(2r)(b)3. 3. For a food processing plant that has an annual production of less than $250,000, and is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $150.
ATCP 70.03(2r)(b)4. 4. For a food processing plant that has an annual production of $250,000 or more, and is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $490.
ATCP 70.03(2r)(b)5. 5. For a food processing plant that has an annual production of less than $25,000 the reinspection fee is $60.
ATCP 70.03(3) (3)Action on license application. The department shall grant or deny a license application within 40 business days after the department receives a complete application. If the department denies the license application, the department shall notify the applicant, in writing, of the reasons for the denial. Except as provided under sub. (5), the department may conditionally grant a license application by issuing a temporary license under sub. (4).
ATCP 70.03(4) (4)Temporary license.
ATCP 70.03(4)(a)(a) The department may issue a temporary license, for a period not to exceed 40 business days, pending final action on an application for an annual food processing plant license. The department shall grant or deny the annual license application before the temporary license expires. If the department denies an annual license application before the applicant's temporary license expires, the temporary license is automatically terminated when the applicant receives written notice of the denial.
ATCP 70.03(4)(b) (b) The holder of a temporary license may not procure farm products from producers, except as specifically authorized by the department in writing. The department may not authorize a food processing plant operator to procure farm products from producers unless the food processing plant operator complies with subch. VI of ch. 126, Stats.
ATCP 70.03(4)(c) (c) The holder of a temporary license acquires no license rights beyond those conferred by the temporary license. A temporary license may not be issued in response to a renewal application by the holder of an existing license.
ATCP 70.03(5) (5)Pre-license inspection. The department may inspect a food processing plant, as the department deems necessary, before issuing a license for the food processing plant. The department may not issue a license or temporary license for a new food processing plant until the department inspects the new food processing plant for compliance with this chapter. A previously licensed food processing plant is not considered a new food processing plant under this subsection solely because of a change of ownership, or solely because of alterations in the food processing plant.
ATCP 70.03(6) (6)Denial, suspension, or revocation of license; conditional license. The department may deny, suspend, or revoke a license, or impose conditions on a license as provided under s. 93.06 (7) and (8), Stats. Except as otherwise provided by statute or rule, the suspension or revocation of a license shall comply with the prior notice requirements of s. 227.51, Stats.
ATCP 70.03(7) (7)License exemptions. A food processing plant license is not required under s. 97.29, Stats., or this section for:
ATCP 70.03(7)(a) (a) A retail food establishment which is engaged in food processing if all of the following apply:
ATCP 70.03(7)(a)1. 1. The retail food establishment is licensed by the department under s. 97.30, Stats., or by an agent city, village, or county under ss. 97.30 and 97.41, Stats.
ATCP 70.03(7)(a)2. 2. Wholesale receipts from food processing operations at the retail food establishment comprise no more than 25% of gross annual food sales from the retail food establishment. If a licensed retail food establishment is also licensed as a dairy plant under s. 97.20, Stats., or as a meat establishment under s. 97.42, Stats., sales of dairy or meat products processed at the establishment shall be excluded from the calculation of food sales receipts under this subdivision.
ATCP 70.03(7)(a)3. 3. The retail food establishment is not engaged in canning or production of processed fish.
ATCP 70.03(7)(b) (b) A restaurant holding a permit under s. 97.605, Stats., if any of the following applies:
ATCP 70.03(7)(b)1. 1. The restaurant does not process food for wholesale distribution, and is not engaged in canning of food products or in the production of processed fish.
ATCP 70.03(7)(b)2. 2. The restaurant is licensed as a retail food establishment, and is exempt from licensing as a food processing plant under par. (a).
ATCP 70.03(7)(c) (c) Food processing operations conducted at a dairy plant licensed under s. 97.20, Stats., if both of the following apply:
ATCP 70.03(7)(c)1. 1. Receipts from non-dairy food processing operations at that location comprise no more than 25% of gross annual dairy and non-dairy food sales from that location.
ATCP 70.03(7)(c)2. 2. The dairy plant is not engaged in canning foods other than dairy products, or in production of processed fish.
ATCP 70.03(7)(d) (d) Food processing operations conducted at a meat establishment, by the operator of the meat establishment, if all of the following apply:
ATCP 70.03(7)(d)1. 1. The meat establishment is licensed under s. 97.42, Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.
ATCP 70.03(7)(d)2. 2. Receipts from non-meat food processing operations at that location comprise no more than 25% of gross annual meat and non-meat food sales from that location.
ATCP 70.03(7)(d)3. 3. The meat establishment is not engaged in canning food other than meat or meat products, and is not engaged in production of processed fish.
ATCP 70.03(7)(e) (e) The processing of maple sap to produce maple syrup or concentrated maple sap if all of the following apply:
ATCP 70.03(7)(e)1. 1. The processor sells the maple syrup or concentrated maple sap only to other processors for further processing.
ATCP 70.03(7)(e)2. 2. The processor's combined gross receipts from all sales under subd. 1. during the license year total less than $5,000.
ATCP 70.03(7)(e)3. 3. The processor keeps a written record of every sale under subd. 1., retains that record for at least 2 years, and makes the record available for inspection and copying by the department upon request. The record shall include the name and address of the purchasing processor, the date of sale, the amount of maple syrup or concentrated maple sap sold, and the sale price.
ATCP 70.03(7)(e)4. 4. The processor registers with the department before engaging in any processing activities under this paragraph in any license year ending March 31. A registration expires at the end of the license year. A processor shall register in writing on a form provided by the department, or shall register online at http://datcp.wi.gov. The registration shall include information reasonably required by the department, including the registrant's name and address and information related to the nature, location, and scope of the registrant's processing activities and product sales. There is no fee to register, and the registrant is not required to hold a registration certificate from the department.
ATCP 70.03 Note Note: A registration form under subd. 4. may be obtained by contacting the department at the following address:
ATCP 70.03 Note Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
P.O. Box 8911
Madison, WI 53708
ATCP 70.03(7)(f) (f) A licensed food warehouse under s. 97.27, Stats., at which one or more of the following activities are the only food processing activities performed:
ATCP 70.03(7)(f)1. 1. Repacking molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required under s. ATCP 70.21 (2), that annual inventory value of molluscan shellfish repacked at the licensed warehouse does not exceed 25% of the gross annual inventory value of the food warehouse, and the licensed food warehouse meets all of the applicable requirements of s. ATCP 70.21.
ATCP 70.03(7)(f)2. 2. Packing food items that are already packaged and labeled for retail sale into containers for further distribution.
ATCP 70.03(7)(f)3. 3. Combining two or more food items that are already individually packaged and labeled for retail sale into a combination package for retail sale, if the label on each individual item inside the combination package remains visible or if the package of combined items is labeled for retail sale. All packaging and labels shall comply with s. ATCP 70.10.
ATCP 70.03(7)(f)4. 4. Manufacturing ice for use in the shipment of foods, or to cool or keep foods cold while in transit or stored in the warehouse. Ice used for this purpose must meet the standards in s. ATCP 70.07 (8). Ice must be made on site in a commercial ice machine and may not be bagged, distributed or sold separately from food items that it is used to cool.
ATCP 70.03 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; am. (1) and (2), cr. (2m), (2n) and (2r), Register, January, 1998, No. 505, eff. 2-1-98; CR 05-044: am. (2), (2m), (2n), (2r), and (3) Register December 2005 No. 600, eff. 1-1-06; CR 06-028: am. (4) (b) Register November 2006 No. 611, eff. 12-1-06; CR 07-037: am. (2m) (a) to (e), (2n) and (2r) (b) 1. to 5. Register April 2008 No. 628, eff. 5-1-08; CR 08-075: am. (7) (d) 1. Register April 2009 No. 640, eff. 5-1-09; CR 09-009: cr. (2p), am. (7) (b) (intro.) Register October 2009 No. 646, eff. 11-1-09; CR 10-121, cr. (7) (e) Register October 2011 No. 670, eff. 11-1-11; CR 13-063: am. (7) (b) 1. Register April 2014 No. 700, eff. 5-1-14; CR 15-093: cr. (1) (f) Register August 2016 No. 728, eff. 9-1-16; correction in (1) (f) 1. to 4. made under s. 35.17, Stats., Register August 2016 No. 728; correction in (7) (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.
ATCP 70.04 ATCP 70.04Construction and maintenance.
ATCP 70.04(1)(1)Construction and maintenance; general. Buildings, facilities, and equipment used in the operation of a food processing plant shall be of sound construction, and shall be capable of being maintained in a clean and sanitary condition. The interior and exterior portions of a food processing plant, and the premises on which the food processing plant is located, shall be kept free of unhealthful or unsanitary conditions, and shall be maintained in compliance with this chapter.
ATCP 70.04(2) (2)Floors, walls, and ceilings. Floors, walls, and ceilings in a food processing plant shall be kept clean and in good repair. Floors, walls, and ceilings in processing areas, toilet rooms, and areas used for the cleaning or storage of equipment or utensils shall be constructed of smooth, impervious, and easily cleanable materials. This does not prohibit the use of easily cleanable anti-slip floors. Walls and ceilings in processing areas shall be light colored. A food processing plant constructed or altered in a manner which changes the dimensions of a processing area after June 30, 1989, shall conform to the following requirements:
ATCP 70.04(2)(a) (a) The junctions of walls and floors in processing areas shall be coved to facilitate cleaning.
ATCP 70.04(2)(b) (b) Floors which are waterflushed for cleaning, or on which water or fluid wastes are discharged, shall have an adequate number of floor drains and be adequately sloped to ensure proper drainage to the floor drains.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.