(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)
, 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
(7) License exemptions.
A food processing plant license is not required under s. 97.29
, Stats., or this section for:
A retail food establishment which is engaged in food processing if all of the following apply:
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
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.
The retail food establishment is not engaged in canning or production of processed fish.
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.
The restaurant is licensed as a retail food establishment, and is exempt from licensing as a food processing plant under par. (a)
Food processing operations conducted at a dairy plant licensed under s. 97.20
, Stats., if both of the following apply:
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.
The dairy plant is not engaged in canning foods other than dairy products, or in production of processed fish.
Food processing operations conducted at a meat establishment, by the operator of the meat establishment, if all of the following apply:
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.
The meat establishment is not engaged in canning food other than meat or meat products, and is not engaged in production of processed fish.
The processing of maple sap to produce maple syrup or concentrated maple sap if all of the following apply:
The processor sells the maple syrup or concentrated maple sap only to other processors for further processing.
The processor's combined gross receipts from all sales under subd. 1.
during the license year total less than $5,000.
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.
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
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:
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
Packing food items that are already packaged and labeled for retail sale into containers for further distribution.
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
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
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 Construction 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.
(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:
The junctions of walls and floors in processing areas shall be coved to facilitate cleaning.
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.
An adequate number of service sinks or curbed floor drains shall be provided for use in the cleaning of mops or wet floor cleaning tools, and for the disposal of mop water or similar wastes.
(3) Processing area separated.
Within a food processing plant, food processing areas shall be separated by partition or be located at an adequate distance from other operations which may contaminate unpackaged food, so that contamination is effectively precluded. No processing may be conducted in a room used as living or sleeping quarters. If a food processing area shares one or more walls with adjacent living or sleeping quarters, processing operations shall be separated from the adjacent living or sleeping quarters by a tight-fitting, self-closing door.
(4) Doors and windows.
Doors, windows, skylights, transoms, and other openings to the outside shall be tight-fitting, free of breaks, and effectively screened or protected against the entry of rodents, insects, birds, and other animals. External doors, other than overhead doors in delivery areas, shall be self-closing. External doors shall be kept closed when not in use.
Lighting in every area of a food processing plant, whether natural or artificial, shall be sufficient for the purpose for which the area is used. Artificial lights in processing areas shall be equipped with protective shields or shatter resistant bulbs.
There shall be not less than 20 foot candles (215 lux) of illumination on all processing surfaces. On surfaces used to inspect washed returnable food packages prior to repackaging, there shall be not less than 100 foot candles (1075 lux) of illumination.
Except as provided in par. (b)
, the interior of a food processing plant shall be illuminated to the following levels measured 3 feet from the floor:
Not less than 20 foot candles (215 lux) in processing areas, equipment and utensil cleaning areas, handwashing areas, and toilet areas.
There shall be adequate ventilation in all areas where food is processed or handled, in all areas where equipment or utensils are cleaned or sanitized, and in all dressing rooms, locker rooms, toilet rooms, employee break rooms, and garbage or rubbish storage areas. Ventilation shall be adequate to remove excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be positioned so that exhaust air is not vented onto exposed food, or onto clean food packages, equipment, or utensils. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement. Intake filters shall be capable of removing at least 85% of particulate matter that is 5 microns or larger in size. Exhaust fans, intake fans, ventilation ducts, and filters shall be kept clean and in good repair, and shall be screened or louvered to prevent contamination of food by dust, dirt, insects, or other contaminants. Ventilation systems, if used to ventilate any area of a food processing plant where exposed potentially hazardous food is handled, shall be capable of maintaining positive pressures in that area.
A sufficient number of sanitary toilets to accommodate all employees, in accordance with applicable state and local regulations, shall be provided in convenient locations. Toilet rooms shall be completely enclosed, well-lighted, and equipped with tight-fitting, self-closing doors. Toilet rooms and fixtures shall be easily cleanable, and shall be kept clean and in good repair. Toilet rooms constructed, substantially reconstructed, or extensively altered after June 30, 1989:
Shall be equipped with an exhaust fan capable of creating a negative pressure within the toilet facility; and
Handwashing facilities shall be located in or adjacent to every toilet room. Handwashing facilities serving toilet rooms shall include hot and cold running water, soap in a soap dispenser, and a sanitary single-service means of drying the hands. A sign directing employees to wash their hands shall be prominently posted in every toilet room used by employees. Handwashing facilities serving toilet rooms shall comply with all of the following requirements if they are installed after November 1, 2009, or if they are located in a food processing plant that is initially licensed or licensed to a new operator after November 1, 2009:
The facility shall be served by hot and cold running water provided through a mixing valve or combination faucet, or by potable tempered water.
Faucets shall be of a type which is not hand-operated. If a self-closing, slow-closing, or metering faucet is used, that faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.
An easily cleanable covered trash receptacle and an adequate supply of toilet tissue shall be available in every toilet room at all times.
(8) Locker and linen facilities.
Lockers or comparable facilities shall be provided for clothing and similar personal items of employees. Personal clothing and other personal items of employees shall not be stored in food processing or food storage areas, or in areas where food packages, equipment, or utensils are cleaned or stored. Protective clothing worn during processing shall be stored in an orderly and sanitary manner. Soiled linen and clothing shall be kept in non-absorbent containers or laundry bags until removed for laundering. Soiled linen and clothing shall be removed as often as necessary to prevent unsanitary conditions.
Handwashing sinks with available hot and cold running water shall be provided for use by all persons working in food processing areas. The sinks shall be conveniently located for use, and shall be kept in a clean and sanitary condition. A supply of soap or detergent, and sanitary single-service means for drying hands shall be kept available at the sink. If disposable towels are used, a clean, covered waste receptacle shall be provided for their disposal.
A handwashing sink serving a food processing area shall comply with all of the following requirements if it is installed after November 1, 2009, or if it is located in a food processing plant that is initially licensed or licensed to a new operator after November 1, 2009:
It shall be served by hot and cold running water provided under pressure through a mixing valve or combination faucet, or by potable and tempered water.
It shall be of a type that is not hand operated. If a self-closing or metering faucet is used, that faucet shall provide a flow of water for at least 15 seconds without any need to reactivate the faucet.
Handwashing sinks may not be used to clean, sanitize, or store equipment or utensils.
If equipment, utensils, or food packages are cleaned or sanitized manually, the food processing plant shall be equipped with wash and rinse sinks which are suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number. Each sink shall be constructed of stainless steel or other approved materials. Each sink shall have at least 2 compartments. A sink installed after June 30, 1989, shall have at least 3 compartments for washing, rinsing, and sanitizing equipment and utensils.
Every sink compartment shall be large enough to accommodate the immersion of at least 50% of the largest item to be cleaned or sanitized in the sink. Every sink compartment shall be served by hot and cold running water, and shall be cleaned prior to each use.
Drain boards shall be provided in connection with every sink. Drain boards shall be large enough to accommodate soiled equipment and utensils prior to washing, and clean equipment and utensils after they are sanitized. Drain boards shall be located and constructed so that they do not interfere with washing and sanitizing operations. This paragraph does not prohibit the use of easily movable dish tables as drain boards if the dish tables comply with this paragraph.
Brushes and cleaning tools shall be kept clean and in good repair. Wiping cloths used to clean equipment and utensils shall be cleaned and sanitized daily, and shall be stored in an approved sanitizing solution between uses. Sanitizing solutions for wiping cloths shall be changed at least daily. Wiping cloths used to clean food contact surfaces of equipment and utensils shall not be used for any other purpose. Single service disposable towels may be used in place of re-usable cloths if they are discarded after each use.
If a mechanical system is used to clean or sanitize equipment, utensils, or food containers, the mechanical system shall be designed, installed, and maintained so that it is fully effective for the purpose used.
(11) Exterior premises.
The premises surrounding a food processing plant shall be well drained and shall be kept in a clean and orderly condition. The premises shall be kept free of accumulations of trash, garbage, and other potential health nuisances. Driveways and parking lots shall be surfaced or maintained to minimize airborne dust and dirt.
(12) Plumbing system and sewage disposal.
Sewage and waste materials from a food processing plant shall be removed in a sanitary manner, in compliance with applicable state and local regulations. All plumbing, plumbing fixtures, and equipment shall be designed, installed, and maintained to prevent backflow, backsiphonage, and cross-connections.
ATCP 70.04 Note
Plumbing and plumbing fixtures are subject to the requirements of chs. SPS 381
, enforced by the department of safety and professional services.
(13) Garbage and refuse disposal.
Garbage and refuse shall not be allowed to accumulate in or around a food processing plant. Garbage and refuse shall be removed as often as necessary to maintain the premises in a clean and sanitary condition. Garbage storage areas shall be constructed and maintained so that they do not attract or harbor insects, rodents, or other animals. Garbage and refuse shall be held in durable, leakproof, easily cleanable, and pest-resistant containers. Containers shall be kept covered with tight-fitting lids, and shall be cleaned when necessary to prevent insanitary conditions. Garbage and refuse shall not be burned on the premises, except in compliance with state and local laws. Garbage and refuse shall not be burned on the premises if burning may contaminate food.
(14) Control of pests.
Effective measures shall be taken, as necessary, to control insects, rodents, and other pests in a food processing plant. Pesticides and other hazardous substances shall not be stored or used in a manner which may contaminate food, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner.
ATCP 70.04 Note
Pesticide storage and use must comply with ss. 94.67
, Stats., and ch. ATCP 29
. Pesticides must be registered for use by the U.S. environmental protection agency or by the department.
(15) Construction; plan review.
Before a food processing plant is constructed, substantially reconstructed, or extensively altered, the operator of the food processing plant shall notify the department in writing. Plans and specifications for the construction, conversion, or alteration may be submitted to the department for review before the work is begun. Plans and specifications shall be available for review by the department upon request.
The department may issue a written waiver granting a variance from a construction standard under this section if the department finds that the variance is reasonable and necessary under the circumstances, and that it will not compromise the purpose served by the construction standard. The administrator of the department's division of food safety may issue a waiver on behalf of the department. The department shall issue a waiver in writing, and shall keep a copy of the waiver on file for as long as the waiver remains in effect.
(18) Maple sap concentration facilities.
A facility licensed as a food processing plant and used solely for concentration of maple sap shall meet the requirements of s. ATCP 87.14
ATCP 70.04 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; am. (6), (10) (d), cr. (16), Register, April, 1996, No. 484
, eff. 5-1-96; CR 09-009
: am. (7) (b) (intro.), r. and recr. (9) (b), cr. (9) (c) Register October 2009 No. 646
, eff. 11-1-09; CR 14-037
: cr. (17) Register April 2015 No. 712
, eff. 5-1-15; correction in (17) made under s. 13.92 (4) (b) 7.
, Stats., Register April 2015 No. 712
; EmR 1704: emerg. cr. (18) eff. 3-7-17; CR 16-044: cr. (18) Register May 2017 No. 737, eff. 6-1-17
Persons engaged in food processing shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in food processing shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities which may contaminate the hands. Persons engaged in food processing shall keep their fingernails clean and neatly trimmed, and shall not wear fingernail polish unless they wear sanitary gloves at all times when handling food.
does not apply to a maple sap concentration facility licensed as a food processing plant that is required to meet the provisions of s. ATCP 87.28
Except as provided in par. (b)
, individuals engaged in food processing or handling may not contact ready-to-eat food with their bare hands but shall use suitable food handling aids such as deli-tissue, spatulas, tongs, single-use gloves, or dispensing equipment to avoid bare-hand contact.
Made of impermeable materials, except where the use of such material is inappropriate or incompatible with the work being done.