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.
Individuals may contact ready-to-eat food with their bare hands if that contact is reasonably necessary, and does not contaminate food. The individuals shall be trained in, and shall follow, written policies and procedures to ensure safe use of bare hands. The policies and procedures shall identify all of the following:
The individuals or positions authorized to contact ready-to-eat food with bare hands.
The procedures that authorized individuals are required to follow in order to prevent food contamination from bare-hand contact.
A food processing plant operator shall provide advance training under par. (b)
to all individuals who may contact ready-to-eat food with their bare hands. The operator shall have a written training plan that identifies all of the following:
The individuals or positions responsible for implementing the training, maintaining training records, and ensuring compliance with training requirements.
The form of initial training, and the form and frequency of follow-up training if any.
Monitoring and control procedures to ensure that individuals are trained before they contact ready-to-eat food with bare hands.
The operator of a food processing plant shall review the training program under par. (c)
at least annually.
A food processing plant operator shall maintain records to document the operator's compliance with this subsection. Records shall be retained for at least one year after they are made, and shall be available to the department for inspection and copying upon request.
(2) Clothing and jewelry.
Persons in food processing areas or handling unpackaged food shall wear clean, washable outer garments and effective hair restraints, including effective hair restraints for beards longer than 1
inch. Hair restraints may include hair nets, caps, and snoods, but do not include hairsprays, visors, or headbands. Persons working in food processing areas or handling unpackaged food shall remove all jewelry from their hands and fingers before having any direct manual contact with food or food contact surfaces. Jewelry shall not be worn in a manner which creates a risk of food contamination. This subsection does not apply to plain band wedding rings.
(3) Employee health.
No person who by medical examination or supervisory observation has or is reasonably suspected of having any of the following conditions may work in a food processing plant in any capacity that may result in the contamination of food, or in the contamination of equipment or utensils used to process or handle food:
A discharging or open wound, sore, or lesion on the hands, arms, or other exposed portions of the body.
(4) Consumption of food, beverages, and tobacco.
No person may consume food, beverages, or tobacco in any food processing area, or in any area where food processing equipment or utensils are cleaned or stored. Employees may not consume food, beverages, or tobacco except in designated areas which are separated from food processing areas. This subsection does not prohibit a sanitary water fountain in a processing area, nor does it prohibit on-line quality control sampling in accordance with written quality control procedures established by the food processing plant operator.
ATCP 70.05 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; r. and recr. (3), Register, April, 1996, No. 484
, eff. 5-1-96; CR 09-009
: cr. (1m) Register October 2009 No. 646
, eff. 11-1-09; CR 12-037
: cr. (1m) (am) Register May 2013 No. 689
, eff. 6-1-13; EmR 1704: emerg. renum. (1) to (1) (a), r. and recr. (1) (title), cr. (1) (b), eff. 3-7-17; CR 16-044: renum. (1) to (1) (a), r. and recr. (1) (title), cr. (1) (b) Register May 2017 No. 737, eff. 6-1-17
Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that they can be easily cleaned. Equipment and utensils shall be kept clean and in good repair.
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 87.26
(2) Food contact surfaces.
Food contact surfaces of equipment and utensils shall be constructed of stainless steel or other materials which are smooth, impervious, nontoxic, noncorrosive, nonabsorbent, and durable under normal use conditions. Food contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks, or similar defects. Food contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Food contact surfaces, other than food contact surfaces of approved C-I-P systems, shall be readily accessible for manual cleaning. Joints and fittings shall be of sanitary design and construction.
ATCP 70.06 Note
Note: Hard maple or other material which is non-absorbent may be used for cutting blocks, boards, and bakers' tables. Sanitary wooden paddles in good condition may be used in confectionaries.
(3) C-I-P systems.
C-I-P systems shall be of sanitary design and construction, and shall be installed and maintained for sanitary operation. A C-I-P system shall be installed and maintained so that cleaning and sanitizing solutions can be circulated throughout all interior product contact surfaces of the system. C-I-P systems shall be equipped with adequate inspection ports or other access points. C-I-P systems shall be self-draining, or shall be capable of being easily and completely drained. A temperature recording device, which accurately records the return temperatures of cleaning and sanitizing solutions, shall be installed in all circuits through which cleaning and sanitizing solutions are circulated. Cleaning records shall be kept for at least 90 days after they are created.
(4) Location and installation of equipment.
Equipment which cannot be easily moved shall be installed in a manner which prevents liquid or debris from accumulating under or around the equipment. Equipment shall be installed so that there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container which is designed and installed to protrude into or through the wall or ceiling of a food processing plant. Air intake vents for food or ingredient storage containers shall be located in processing areas or shall be properly filtered.
(5) Measuring devices and controls.
Every freezer and cold storage compartment used to store or hold potentially hazardous food shall be equipped with a thermometer or other device which accurately indicates the temperature in the compartment. Instruments and controls used for measuring, regulating, and recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate, and shall be adequate for their intended use.
Equipment shall be designed and constructed so that gear and bearing lubricants do not come in contact with food or food contact surfaces. Only food grade lubricants may be used in equipment if incidental food contact may occur.
(7) Cleaning and sanitizing equipment and utensils; general. ATCP 70.06(7)(a)1.
All food contact surfaces of equipment and utensils shall be cleaned and sanitized after each day's use, and prior to any change in use that may cross-contaminate food with major food allergens or other contaminants.
The department may approve alternative cleaning and sanitizing procedures under sub. (7m)
Tanks used to store potentially hazardous food or potentially hazardous food ingredients shall be cleaned and sanitized whenever the food processing plant operator empties those tanks or more often if necessary.
(d) Paragraph (a)
does not apply to the following equipment, provided that the food processing plant operator cleans and sanitizes the equipment according to manufacturer specifications:
Equipment used in brining, aging, curing, and dry product blending processes.
Food contact surfaces of equipment used solely to process foods or food ingredients with water activity not greater than 0.85, such as chocolate, fats and oils, liquid nutritive sweeteners, peanut butter or similar foods which are not potentially hazardous.
A food processing plant operator may ask the department to approve alternative cleaning and sanitizing procedures under par. (b)
. The operator shall submit the request in writing. The request shall include all of the following, and any other information required by the department:
A clear and complete description of the affected food processing equipment and utensils, including any continuously-operated equipment. The description shall identify sanitary design features that are relevant to the proposed cleaning and sanitizing procedures.
The types of food produced with the affected equipment or utensils, the purposes for which the food will be used, and the temperatures at which the food will be prepared, stored, and distributed.
A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.
A written statement, by the food processing plant operator, that the alternative cleaning and sanitizing procedure has been evaluated and determined to be effective in preventing food contamination and ensuring the microbiological safety of food. The written statement shall be based on a HACCP plan under subd. 5.