The reclaimed water, if held for more than twenty-four (24) hours, is at all times held at a temperature of at least 145°
C.) or is chemically treated under subd. 5.
to suppress bacterial propagation.
Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water."
The food processing plant operator posts clear instructions for the use of the reclaimed water. The operator shall post the instructions so that they will be seen and understood by persons using the reclaimed water. The instructions shall disclose the limited purposes for which the reclaimed water may be used.
Water lines distributing the reclaimed water are not permanently connected to food product vessels. If a water line is temporarily connected to a food product vessel, there shall be an atmospheric break and automatic controls to prevent the reclaimed water from contacting food products.
Water reclaimed from food processing operations may be used for cleaning or other purposes but may not be used for any purpose involving contact with food or food contact surfaces except as provided in par. (a)
A food processing plant operator may not use any chemical to suppress bacterial growth in water, or to prevent off-tastes or odors in water, unless that chemical is approved for that purpose by the federal food and drug administration. Neither the chemical as applied, nor any compound produced by the chemical application, may contribute to the adulteration of food.
A food processing plant operator shall apply chemicals under par. (a)
according to label directions, using an automatic proportioning device. Treated water shall be held for the period of time specified on the chemical label before it is used as ingredient water or operations water. A food processing plant operator shall conduct a daily testing program for any chemical added to water, to ensure that the chemical concentration does not contribute to the adulteration of food.
If re-circulated water used in a cooler or heat exchanger may come in contact with any food product or food contact surface, the re-circulated water shall be all of the following:
If a re-circulating water system under par. (a)
becomes contaminated, that system may not be used until it is properly treated and retested to ensure that the contamination has been eliminated.
Freezing point depressants used in re-circulating water systems under par. (a)
shall be nontoxic.
Water transported to a food processing plant in a bulk tanker or bulk container, for use as an ingredient or in other plant operations, shall be potable and shall be obtained from a source that complies with ch. NR 811
Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, it shall be loaded, transported, and unloaded in a sanitary manner that prevents contamination. The bulk tanker or bulk container shall be thoroughly cleaned and sanitized before being filled. Suitable pumps, hoses, and fittings shall be used to transfer potable water and potable liquids to and from bulk tankers and bulk containers.
Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, the bulk tanker or bulk container and each of its fittings and equipment shall meet all of the following requirements:
It shall be properly constructed and maintained to prevent contamination of the potable water or potable liquid. Food contact surfaces shall comply with s. ATCP 70.06 (2)
It may not be used to transport materials that may contaminate potable water or potable liquid that is subsequently transported in the bulk tanker or bulk container.
It shall be effectively sealed to protect the potable water or potable liquid from contamination during transit.
ATCP 70.07 Note
Note: Effective sealing systems include manhole cover gaskets and seals.
It shall be properly stored and serviced to prevent contamination. When not in use, pumps, hoses, and fittings shall be properly maintained, capped, stored, and protected from contamination.
(7) Culinary steam.
Water used to produce culinary steam shall be potable. Water reclaimed from food processing operations may not be used to produce culinary steam unless it complies with sub. (3) (a)
. In boilers used to produce culinary steam, boiler water additives shall comply with 21 CFR 173.310
Ice used to cool or maintain the temperature of foods shall be made from potable water. Ice used to cool or maintain the temperature of ready-to-eat foods shall not have been previously used for any other purpose. Ice shall be received, handled, and stored in a manner to prevent contamination or adulteration. Any ice which is not made on site shall be inspected upon receipt, and rejected if it is delivered in a way that has not adequately protected the ice from contamination.
ATCP 70.07 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448
; r. and recr. (1), (2), cr. (3), (4), Register, April, 1996, No. 484
, eff. 5-1-96; corrections in (1) (c), (2) (c) and (3) (b) 5., made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2001, No. 542
; CR 09-009
: r. and recr. (3), cr. (5) to (7) Register October 2009 No. 646
, eff. 11-1-09; correction to numbering of (7) made under s. 13.92 (4) (b) 1., Stats., Register October 2009 No. 646
; correction in (3) (b) 7. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673
; CR 12-037
: cr. (8) Register May 2013 No. 689
, eff. 6-1-13; EmR 1704: emerg. cr. (1) (f), eff. 3-7-17; CR 16-044: cr. (1) (f) Register May 2017 No. 737, eff. 6-1-17
Food ingredients shall be safe, wholesome, and unadulterated, and shall comply with applicable standards of identity under s. 97.09
, Stats. Raw agricultural commodities and other food ingredients shall be segregated and examined as necessary to determine whether they are clean and fit for processing. Processed foods and dairy products which are used as food ingredients shall be obtained from sources which comply with applicable licensing and inspection requirements.
(2) Eggs and egg products.
Only clean whole eggs, pasteurized eggs in liquid, frozen or dry form, or pasteurized egg products may be used in food processing. Eggs and egg products may be pasteurized during processing. Clean whole eggs shall be equivalent to USDA Grade B or better with shells intact.
ATCP 70.08 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; CR 09-009
: am. (2) Register October 2009 No. 646
, eff. 11-1-09.
Food shall be protected from contamination and decomposition while being processed, handled, conveyed, or held at a food processing plant. Food shall be processed and held in a manner which keeps the food in a safe, wholesome, and unadulterated condition. Potentially hazardous foods shall be processed and held at temperatures, or in a manner, which minimizes the potential for growth of undesirable microorganisms.
(2) Food storage.
Food storage areas shall be maintained in a clean, sanitary, and orderly condition, free from conditions which may result in the adulteration of food. Potentially hazardous foods shall be stored at safe temperatures. Storage areas shall be constructed and maintained so that waste water and other waste liquids do not drain into, or accumulate in, any storage area. Food shall not be stored in a manner which may tend to attract or harbor pests.
Food processing shall be conducted under appropriate conditions and controls to minimize the potential for growth of undesirable microorganisms, or the contamination of food.
ATCP 70.09 Note
Note: One way to comply with this requirement is to follow a HACCP plan which monitors and controls food safety variables at critical control points in the manufacturing process. Monitoring and controlling food safety variables such as time, temperature, humidity, water activity (aw), pH, pressure, and flow rate at critical control points can ensure that mechanical breakdowns, time delays, temperature fluctuations, and other conditions do not contribute to the decomposition or contamination of food.
If potentially hazardous food is heated, refrigerated, or frozen in the course of processing, the internal temperature of the food shall be accurately monitored, as necessary, to ensure that safe temperatures are promptly attained and maintained.
Potentially hazardous frozen foods, if thawed for processing, shall be thawed by one of the following methods:
By placing the frozen food in a refrigerated space at a temperature of not more than 41°
Under potable running water at a temperature of not more than 70°
C). Water velocity shall be sufficient to agitate loose particles and drain or float them away from the food being thawed.
In a microwave oven if the food is fully cooked in the microwave oven, or if cooking is immediately completed in another cooking facility.
In any cooking facility, as part of the process by which the food is fully cooked.
Food contact surfaces of bulk flour handling equipment shall comply with the provisions of s. ATCP 70.06 (2)
. Pneumatic systems using storage bins constructed of semi-permeable cloth material are exempt from the requirement that surfaces be smooth and nonabsorbent, provided the surfaces can be effectively cleaned. Attachment mechanisms for holding inspection port covers, access doors, delivery pipe caps, or other removable accessories shall have no loose parts. Delivery pipe caps shall be kept in place, and secured against removal, except when a bulk flour handling system is in use. Outside installations shall be watertight or suitably covered to prevent entry of water and foreign material.
Intake air used in pneumatic flour handling systems shall be filtered to exclude particles of 50 microns or larger. Air discharged from the system shall be filtered so that no visible dust is permitted to escape. Filters shall be readily removable for cleaning or replacement. Straight runs of pneumatic conveyors shall comply with the provisions of s. ATCP 70.06 (1)
, except that piping which is self-purging is exempt from accessibility requirements.
(5) Raw ingredients and finished products; separate handling.
Effective measures shall be taken to prevent cross contamination between raw ingredients and finished food products. Raw ingredients shall not be handled simultaneously with finished products in any part of a food processing plant if either the raw materials or the finished products are uncovered or unprotected, and if the handling may result in contamination.
“Distressed food" means processed food exposed to a fire, flood, transportation accident, refrigeration breakdown, or other unusual condition which may affect its safety or suitability as human food. This subdivision does not include food or food packages damaged during normal conditions of food and food product handling, transit, or storage.
“Reconditioned food" means packaged distressed food which is distributed or offered for sale as human food after its package is repaired or relabeled without being opened.
“Reprocessed food" means distressed food that is subsequently processed in accordance with the requirements under this chapter and distributed or offered for sale as human food.
A food processing plant operator shall notify the department within 3 days after the operator takes possession of any distressed food, or within 3 days after food in the operator's custody becomes distressed food. The operator shall notify the department before the operator reprocesses or reconditions the distressed food.
A food processing plant operator shall identify distressed food as such, and shall separate it from other food. No operator may store distressed food in a processing area, or under conditions which may lead to the contamination of other food, equipment, utensils, or packaging materials.
No food processing plant operator may do either of the following:
Reprocess for sale, as human food, any distressed food which is unwholesome or adulterated.
Offer for sale, sell, or distribute food in packages that are damaged to such an extent that the food may have been exposed or subjected to possible contamination, including packages with bulging ends, ruptures, hairline fractures, breakage along critical seams, or openings which may have exposed food to contamination.
No food processing plant operator may sell or distribute reprocessed or reconditioned food at wholesale unless the operator gives the purchaser or recipient written notice that the food is reprocessed or reconditioned. The notice shall also include the name and address of the person who reprocessed or reconditioned the distressed food. The notice may be included on an invoice, bill of lading, or other writing which documents the sale or distribution of the food.
A food processing plant operator shall keep, for at least one year, all of the following records related to distressed food handled by that operator:
A description of the distressed food, including the type of food, the package or container style, and the amount of the food.
The source of the distressed food, or the conditions which caused it to become distressed food.
The nature of any reprocessing or reconditioning which the operator performed on the distressed food.
If the distressed food is not sold directly at retail, the final disposition of the distressed food. The record of final disposition shall include the name and address of the person, such as the food wholesaler, food distributor, waste disposal firm or waste disposal site operator, to whom the food processing plant operator delivered the food.
(7) Food irradiation.
Irradiation in the production, processing and handling of food shall comply with applicable federal regulations under 21 CFR 179
ATCP 70.09 Note
Copies of 21 CFR 179
are on file with the department and the legislative reference bureau.
Egg cleaning and storage
. Cleaning and storage of eggs shall be done in compliance with the requirements of s. ATCP 88.20
ATCP 70.09 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; am. (3) (c) 1., r. and recr. (6), Register, April, 1996, No. 484
, eff. 5-1-96; CR 14-037
: cr. (8) Register April 2015 No. 712
, eff. 5-1-15.
ATCP 70.10 Food packaging and labeling. ATCP 70.10(1)
Food packages shall be of sanitary design and construction, so as to protect food contents from reasonably foreseeable risks of contamination. Food packages shall be clean, sanitary, and free of any extraneous or deleterious substance. Food shall not be sold or distributed in packages which are damaged to the extent that food contents may be adulterated as a result of the damage. A sealed food package is damaged within the meaning of this subsection if the package or seal is broken or bulged.
(2) Cleaning and sanitizing returnable food packages.
Returnable or multi-use food packages, including returnable bottles, shall be effectively cleaned and sanitized before being reused. Cleaning and sanitizing processes shall remove all extraneous matter and potential adulterants from a food package before the food package is reused. Sanitizing methods shall comply with s. ATCP 70.11
. No food package may be reused unless it is specifically designed and constructed for that purpose.
(3) Inspection of returnable food packages.
Returnable or multi-use packages, after being cleaned and sanitized, shall be inspected before being reused. Inspection shall be adequate to detect extraneous material and adulterants, and any damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with s. ATCP 70.04 (5) (b)
(4) Single-service food packages.
Single-service food packages, including bottle caps and other single-service articles used to package food, shall be made from clean, sanitary materials. Single-service food packages shall be clean and sanitary at the time of use. Single service food packages shall be protected from contamination prior to use, and shall be handled in a sanitary manner. Single-service food packages, including single-service bottles and bottle caps, shall not be re-used.
(5) Food package labeling.
Packaged food shall be packaged and labeled according to all of the following, as applicable:
If the packaged food contains a major food allergen, the ingredient statement on the package shall disclose the common name of the major food allergen. The disclosure shall be equivalent in size and prominence to the rest of the ingredient statement. If an allergen originates from fish, crustacean shellfish, or tree nuts, the disclosure shall include the common name of the source species.
ATCP 70.10 Note
Note: For example, if a food product includes an allergen that originates from fish, the ingredient statement must disclose the common species name such as bass, flounder, or cod. If the allergen originates from crustacean shellfish, the ingredient statement must disclose the common species name such as crab, lobster, or shrimp. If the allergen originates from tree nuts, the ingredient statement must disclose the common species name such as almond, pecan, walnut, or coconut.
(6) Egg packaging and labeling.
The packaging and labeling of eggs shall be done in compliance with the requirements of ss. ATCP 88.32
, and 88.38
ATCP 70.10 History
Cr. Register, October, 1989, No. 406
, eff. 11-1-89; CR 09-009
: r. and recr. (title), cr. (5) Register October 2009 No. 646
, eff. 11-1-09; CR 14-037
: cr. (6) Register April 2015 No. 712
, eff. 5-1-15; correction in (6) made under s. 13.92 (4) (b) 7.
, Stats., Register April 2015 No. 712
; EmR 1704: emerg. cr. (7), eff. 3-7-17; CR 16-044: cr. (7) Register May 2017 No. 737, eff. 6-1-17
ATCP 70.11 Sanitizers and sanitizing methods. ATCP 70.11(1)(1)
All returnable or multi-use food packages, and all food contact surfaces of equipment and utensils used to handle potentially hazardous foods, shall be sanitized prior to each use by one of the following sanitizing methods:
Immersion for at least 30 seconds in clean water at a temperature of at least 170°
Immersion for a period of at least 2 minutes in a sanitizing solution containing at least 100 ppm of available chlorine, and having a pH not higher than 8.3, at a temperature not less than 75°
C) nor more than 110