ATCP 70.07(3)(c) (c) 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) or (b).
ATCP 70.07(4) (4)Water treatment.
ATCP 70.07(4)(a)(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.
ATCP 70.07(4)(b) (b) 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.
ATCP 70.07(5) (5)Re-circulated water systems.
ATCP 70.07(5)(a)(a) 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:
ATCP 70.07(5)(a)1. 1. Obtained from a source that complies with ch. NR 811 or 812, as applicable.
ATCP 70.07(5)(a)2. 2. Bacteriologically safe.
ATCP 70.07(5)(a)3. 3. Protected from contamination.
ATCP 70.07(5)(a)4. 4. Tested by the food processing plant operator at least semiannually.
ATCP 70.07(5)(b) (b) 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.
ATCP 70.07(5)(c) (c) Freezing point depressants used in re-circulating water systems under par. (a) shall be nontoxic.
ATCP 70.07(6) (6)Water and potable liquids transported in bulk.
ATCP 70.07(6)(a)(a) 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 or 812.
ATCP 70.07(6)(b) (b) 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.
ATCP 70.07(6)(c) (c) 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:
ATCP 70.07(6)(c)1. 1. 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).
ATCP 70.07(6)(c)2. 2. It shall be cleaned, sanitized, and inspected on a routine basis.
ATCP 70.07(6)(c)3. 3. 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.
ATCP 70.07(6)(c)4. 4. 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.
ATCP 70.07(6)(c)5. 5. 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.
ATCP 70.07(7) (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) or (b). In boilers used to produce culinary steam, boiler water additives shall comply with 21 CFR 173.310.
ATCP 70.07(8) (8)Ice. 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 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.
ATCP 70.08 ATCP 70.08Food ingredients.
ATCP 70.08(1) (1)General. 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.
ATCP 70.08(2) (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 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.
ATCP 70.09 ATCP 70.09Food handling and storage.
ATCP 70.09(1) (1)General. 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.
ATCP 70.09(2) (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.
ATCP 70.09(3) (3)Food processing.
ATCP 70.09(3)(a)(a) 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.
ATCP 70.09(3)(b) (b) 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.
ATCP 70.09(3)(c) (c) Potentially hazardous frozen foods, if thawed for processing, shall be thawed by one of the following methods:
ATCP 70.09(3)(c)1. 1. By placing the frozen food in a refrigerated space at a temperature of not more than 41°F (5°C).
ATCP 70.09(3)(c)2. 2. Under potable running water at a temperature of not more than 70°F (21°C). Water velocity shall be sufficient to agitate loose particles and drain or float them away from the food being thawed.
ATCP 70.09(3)(c)3. 3. In a microwave oven if the food is fully cooked in the microwave oven, or if cooking is immediately completed in another cooking facility.
ATCP 70.09(3)(c)4. 4. In any cooking facility, as part of the process by which the food is fully cooked.
ATCP 70.09(4) (4)Bulk flour handling systems.
ATCP 70.09(4)(a)(a) 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.
ATCP 70.09(4)(b) (b) 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.
ATCP 70.09(5) (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.
ATCP 70.09(6) (6)Salvaging distressed food.
ATCP 70.09(6)(a)(a) In this subsection:
ATCP 70.09(6)(a)1. 1. “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.
ATCP 70.09(6)(a)2. 2. “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.
ATCP 70.09(6)(a)3. 3. “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.
ATCP 70.09(6)(b) (b) 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.
ATCP 70.09(6)(c) (c) 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.
ATCP 70.09(6)(d) (d) No food processing plant operator may do either of the following:
ATCP 70.09(6)(d)1. 1. Reprocess for sale, as human food, any distressed food which is unwholesome or adulterated.
ATCP 70.09(6)(d)2. 2. 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.
ATCP 70.09(6)(e) (e) 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.
ATCP 70.09(6)(f) (f) 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:
ATCP 70.09(6)(f)1. 1. A description of the distressed food, including the type of food, the package or container style, and the amount of the food.
ATCP 70.09(6)(f)2. 2. The source of the distressed food, or the conditions which caused it to become distressed food.
ATCP 70.09(6)(f)3. 3. The date on which the operator received the distressed food.
ATCP 70.09(6)(f)4. 4. The nature of any reprocessing or reconditioning which the operator performed on the distressed food.
ATCP 70.09(6)(f)5. 5. 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.
ATCP 70.09(7) (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 Note: Copies of 21 CFR 179 are on file with the department and the legislative reference bureau.
ATCP 70.09(8) (8) 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 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 ATCP 70.10Food packaging and labeling.
ATCP 70.10(1) (1)General. 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.
ATCP 70.10(2) (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.
ATCP 70.10(3) (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).
ATCP 70.10(4) (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.
ATCP 70.10(5) (5)Food package labeling. Packaged food shall be packaged and labeled according to all of the following, as applicable:
ATCP 70.10(5)(b) (b) Section 97.09, Stats., and federal regulations incorporated by reference in s. 97.09, Stats.
ATCP 70.10(5)(d) (d) Chapter ATCP 75 Appendix, Wisconsin Food Code section 3-201.11(C).
ATCP 70.10(5)(e) (e) 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.
ATCP 70.10(6) (6)Egg packaging and labeling. The packaging and labeling of eggs shall be done in compliance with the requirements of ss. ATCP 88.32, 88.34, and 88.38.
ATCP 70.10(7) (7)Maple syrup labeling. Labeling of maple syrup shall also meet the requirements in s. ATCP 87.36.
ATCP 70.10 History 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 ATCP 70.11Sanitizers and sanitizing methods.
ATCP 70.11(1)(1)Sanitizing methods. 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:
ATCP 70.11(1)(a) (a) Immersion for at least 30 seconds in clean water at a temperature of at least 170°F (77°C).
ATCP 70.11(1)(b) (b) 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°F (24°C) nor more than 110 °F (44°C).
ATCP 70.11(1)(c) (c) Immersion for a period of at least one minute in a sanitizing solution containing at least 12.5 ppm of available iodine, and having an acid pH not higher than 5.0, at a temperature of not less than 75°F (24°C) nor more than 110 °F (44°C).
ATCP 70.11(1)(d) (d) Immersion in a caustic sanitizing solution according to s. ATCP 70.24.
ATCP 70.11(1)(e) (e) Application, according to manufacturer's instructions, of a nontoxic chemical sanitizer or sanitizing method which has been demonstrated to be equally effective for sanitizing purposes as the methods described under pars. (a) through (d), and which has been approved by the department under sub. (4).
ATCP 70.11(2) (2)Baking and cooking containers; exemption. Subsection (1) does not apply to baking and cooking containers if heating time and temperature combinations meet industry standards and are adequate to destroy pathogenic microorganisms, provided that the containers are cleaned, stored, and used in a manner which prevents contamination of food.
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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.