ATCP 70.05(1)(a)(a) 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.
ATCP 70.05(1)(b) (b) Par. (a) 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.
ATCP 70.05(1m) (1m)Hand contact with food.
ATCP 70.05(1m)(a)(a) 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.
ATCP 70.05(1m)(am) (am) If used, finger cots or gloves shall be:
ATCP 70.05(1m)(am)1. 1. Made of impermeable materials, except where the use of such material is inappropriate or incompatible with the work being done.
ATCP 70.05(1m)(am)2. 2. Sanitized at least twice daily or more often if necessary.
ATCP 70.05(1m)(am)3. 3. Properly stored until used.
ATCP 70.05(1m)(am)4. 4. Maintained in a clean, intact, and sanitary condition prior to use.
ATCP 70.05(1m)(b) (b) 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:
ATCP 70.05(1m)(b)1. 1. The individuals or positions authorized to contact ready-to-eat food with bare hands.
ATCP 70.05(1m)(b)2. 2. The specific tasks for which bare-hand contact is authorized.
ATCP 70.05(1m)(b)3. 3. The types of ready-to-eat food that may be contacted with bare hands.
ATCP 70.05(1m)(b)4. 4. The procedures that authorized individuals are required to follow in order to prevent food contamination from bare-hand contact.
ATCP 70.05(1m)(c) (c) 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:
ATCP 70.05(1m)(c)1. 1. The individuals or positions responsible for implementing the training, maintaining training records, and ensuring compliance with training requirements.
ATCP 70.05(1m)(c)2. 2. The content of the training, including the written procedures required under par. (b).
ATCP 70.05(1m)(c)3. 3. The form of initial training, and the form and frequency of follow-up training if any.
ATCP 70.05(1m)(c)4. 4. Monitoring and control procedures to ensure that individuals are trained before they contact ready-to-eat food with bare hands.
ATCP 70.05(1m)(c)5. 5. Procedures to evaluate training effectiveness.
ATCP 70.05(1m)(cm) (cm) The operator of a food processing plant shall review the training program under par. (c) at least annually.
ATCP 70.05(1m)(d) (d) 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.
ATCP 70.05(2) (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 1/2 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.
ATCP 70.05(3) (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:
ATCP 70.05(3)(a) (a) A communicable disease.
ATCP 70.05(3)(b) (b) Any symptom of an acute gastrointestinal illness.
ATCP 70.05(3)(c) (c) A discharging or open wound, sore, or lesion on the hands, arms, or other exposed portions of the body.
ATCP 70.05(4) (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 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.
ATCP 70.06 ATCP 70.06Equipment and utensils.
ATCP 70.06(1) (1)Construction and maintenance; general.
ATCP 70.06(1)(a)(a) 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.
ATCP 70.06(1)(b) (b) Par. (a) 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.
ATCP 70.06(2) (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.
ATCP 70.06(3) (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.
ATCP 70.06(4) (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.
ATCP 70.06(5) (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.
ATCP 70.06(6) (6)Lubrication. 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.
ATCP 70.06(7) (7)Cleaning and sanitizing equipment and utensils; general.
ATCP 70.06(7)(a)(a) Except as provided in pars. (b) to (d):
ATCP 70.06(7)(a)1. 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.
ATCP 70.06(7)(a)2. 2. Sanitizers and methods used to sanitize equipment and utensils shall comply with s. ATCP 70.11.
ATCP 70.06(7)(b) (b) The department may approve alternative cleaning and sanitizing procedures under sub. (7m).
ATCP 70.06(7)(c) (c) 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.
ATCP 70.06(7)(d) (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:
ATCP 70.06(7)(d)1. 1. Drying equipment.
ATCP 70.06(7)(d)2. 2. Cloth-collector systems.
ATCP 70.06(7)(d)3. 3. Dry product packaging equipment and storage containers.
ATCP 70.06(7)(d)4. 4. Equipment used in brining, aging, curing, and dry product blending processes.
ATCP 70.06(7)(d)5. 5. 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.
ATCP 70.06(7)(d)6. 6. Equipment used solely for concentration of maple sap according to the provisions of s. ATCP 87.26.
ATCP 70.06(7m) (7m)Alternative cleaning and sanitizing procedures.
ATCP 70.06(7m)(a)(a) 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:
ATCP 70.06(7m)(a)1. 1. 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.
ATCP 70.06(7m)(a)2. 2. 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.
ATCP 70.06(7m)(a)3. 3. 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.
ATCP 70.06(7m)(a)4. 4. 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.
ATCP 70.06(7m)(a)5. 5. A HACCP plan, prepared by qualified personnel, to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing food contamination and ensuring the microbiological safety of food. The HACCP plan shall identify and assess foreseeable hazards, identify critical control points, identify critical safety parameters and limits, and identify monitoring procedures and controls to ensure that the procedure is effective.
ATCP 70.06(7m)(b) (b) The department may approve alternative cleaning and sanitizing procedures that do not comply with sub. (7) (a) if the department believes that those procedures will be effective in preventing food contamination and ensuring the microbiological safety of food. The department shall give its approval in writing, based on a written request under par. (a).
ATCP 70.06(7m)(c) (c) The department shall grant or deny a request under par. (a) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.
ATCP 70.06(7m)(d) (d) The department may qualify or limit its approval under par. (b), as it deems appropriate. The department may withdraw its approval for cause, including information that casts doubt on the efficacy or faithful implementation of the approved procedure.
ATCP 70.06(7m)(e) (e) A food processing plant operator that implements an alternative cleaning and sanitizing procedure approved under par. (b) shall do all of the following:
ATCP 70.06(7m)(e)1. 1. Control and monitor to ensure that the procedure is faithfully implemented as approved, and is effective in preventing food contamination and ensuring the microbiological safety of food.
ATCP 70.06(7m)(e)2. 2. Promptly notify the department of any material deviation from the approved procedure, and any information that casts doubt on the efficacy of the procedure.
ATCP 70.06(7m)(e)3. 3. Collect and retain data and records to document, on a continuing basis, the faithful implementation and efficacy of the approved procedure. The operator shall retain the data and records for at least 90 days, and shall make them available upon request for inspection and copying by the department.
ATCP 70.06(8) (8)Cleaning and sanitizing C-I-P systems. C-I-P systems shall be cleaned and sanitized in compliance with manufacturer specifications. Cleaning and sanitizing records shall be maintained for all C-I-P systems. The records shall identify every C-I-P system which has been cleaned or sanitized, the date and time when each C-I-P system was cleaned and sanitized, the temperature of the cleaning or sanitizing solution, and the length of time for which the C-I-P system was exposed to each cleaning and sanitizing solution. Records shall be signed or initialed by a responsible person at the food processing plant. Records shall be maintained on file at the food processing plant for at least 90 days, and shall be made available for inspection and copying by the department upon request.
ATCP 70.06(9) (9)Storage of clean equipment and utensils. Equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so as to drain dry. Equipment and utensils shall be protected from contamination prior to use.
ATCP 70.06(10) (10)Single-service articles. Single-service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination prior to use. Single-service articles shall not be re-used.
ATCP 70.06(11) (11) Equipment and utensils in egg handling facilities. Equipment for candling, grading, and weighing eggs shall meet the requirements of s. ATCP 88.12 (5).
ATCP 70.06 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; CR 09-009: am. (3), r. and recr. (7), cr. (7m) Register October 2009 No. 646, eff. 11-1-09; CR 14-037: cr. (11) Register April 2015 No. 712, eff. 5-1-15; EmR 1704: emerg. renum. (1) to (1) (a), cr. (1) (b), am. (7) (d) 5., cr. (7) (d) 6., eff. 3-7-17; CR 16-044: renum. (1) to (1) (a), cr. (1) (b), am. (7) (d) 5., cr. (7) (d) 6. Register May 2017 No. 737, eff. 6-1-17.
ATCP 70.07 ATCP 70.07Water supply.
ATCP 70.07(1) (1)Operations water.
ATCP 70.07(1)(a)(a) Operations water, other than water reclaimed according to sub. (3), shall be obtained from a source that complies with ch. NR 811 or 812.
ATCP 70.07(1)(b) (b) Operations water shall be available in consistently adequate quantity, and shall comply with the health related drinking water standards in ch. NR 809.
ATCP 70.07(1)(c) (c) If a food processing plant operator obtains operations water from a privately owned water system, the operator shall sample that water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77, for compliance with the microbiological standards under s. NR 809.30.
ATCP 70.07(1)(d) (d) A food processing plant operator shall keep on file, for at least one year, the results of all microbiological and other tests conducted on operations water sampled at the food processing plant.
ATCP 70.07(1)(e) (e) Operations water used to wash field soil from raw fruits and vegetables may be reused for the following purposes if it is first filtered to remove soil and other particulate matter:
ATCP 70.07(1)(e)1. 1. Washing subsequent deliveries of raw fruit or vegetables at the processing plant.
ATCP 70.07(1)(e)2. 2. Flushing floors and gutters in the receiving area of the processing plant.
ATCP 70.07(1)(f) (f) This subsection does not apply to food processing plants processing liquid maple products, as defined in s. ATCP 87.11 (7), or maple sap water, as defined in s. ATCP 87.11 (9), that are required to meet the provisions of s. ATCP 87.24.
ATCP 70.07(2) (2)Ingredient water.
ATCP 70.07(2)(a)(a) Ingredient water, other than water reclaimed according to sub. (3), shall be obtained from a source that complies with ch. NR 811 or 812. Water reclaimed from food processing operations may not be used as an ingredient in bottled drinking water or in any soda water beverage.
ATCP 70.07(2)(b) (b) Ingredient water shall comply with the health related drinking water standards under ch. NR 809. If ingredient water for bottled drinking water or soda water beverages is obtained from a privately owned water supply, that water shall also comply with the health related enforcement standards under s. NR 140.10.
ATCP 70.07(2)(c) (c) If a food processing plant operator obtains ingredient water from a privately owned source, the operator shall sample that ingredient water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77, for compliance with the microbiological standards under s. NR 809.30.
ATCP 70.07(2)(d) (d) If a food processing plant operator obtains ingredient water from a municipal source, the operator shall do all of the following:
ATCP 70.07(2)(d)1. 1. Use current good manufacturing practices in handling that water, including safe and sanitary equipment, utensils, production controls, and process controls that conform to good public health practice.
ATCP 70.07(2)(d)2. 2. Provide documentation to the department, at the department's request, that the water complies with the microbiological standards under s. NR 809.30. Documentation may consist of information provided by the municipality.
ATCP 70.07(2)(e) (e) A food processing plant operator shall keep on file, for at least 5 years, the results of all microbiological and other tests conducted on ingredient water sampled at the food processing plant. The operator shall make the records available for inspection and copying by the department upon request.
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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.