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.
ATCP 70.11(3) (3)Sanitizers; maximum concentrations. Sanitizers and cleaning compounds used on food contact surfaces shall not be used in a way that leaves a toxic residue on the food contact surface. Sanitizing solutions shall not exceed the maximum concentrations established by the food and drug administration, United States department of health and human services, under 21 CFR 178.1010. A test kit or other device that measures the concentration of sanitizing solutions in parts per million shall be used as necessary to ensure compliance with this subsection at all times.
ATCP 70.11 Note Note: Copies of 21 CFR 178.1010 are on file with the department and the legislative reference bureau.
ATCP 70.11(4) (4)Sanitizers; department approval.
ATCP 70.11(4)(a)(a) Sanitizers approved under ch. ATCP 75 Appendix, Wisconsin Food Code section 4-501.114 are also approved by the department for purposes of sub. (1) (e). The department may approve other sanitizers and sanitizing methods that it finds to be safe and effective for the purpose used.
ATCP 70.11(4)(b) (b) The department may deny or withdraw approval of any sanitizer or sanitizing method approved under par. (a), regardless of whether that sanitizer or sanitizing method is approved by any other state or federal agency, if the department determines that the sanitizer or sanitizing method is not safe or effective for the purpose or under the conditions used, or that it adversely affects the sanitary characteristics of equipment, utensils or food packages.
ATCP 70.11 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; CR 09-009: r. and recr. (4) Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.115 ATCP 70.115Ready-to-eat foods; reporting pathogens and toxins.
ATCP 70.115(1)(1) Requirement. Except as provided under sub. (2), a food processing plant operator shall report to the department the results of any microbiological test or laboratory analysis which indicates that any ready-to-eat food produced by that operator contains pathogenic organisms or toxins. The operator shall report to the department within 24 hours after the operator obtains the test results. The operator may report orally, electronically, or in writing.
ATCP 70.115(2) (2)Exemption. A food processing plant operator is not required to report test results under sub. (1) if all of the following apply:
ATCP 70.115(2)(a) (a) The ready-to eat-food is identified by a product code or production lot number.
ATCP 70.115(2)(b) (b) The food processing plant operator has not yet sold or distributed any of the ready-to-eat food represented by the product code or production lot number under par. (a), but retains direct control over all of that ready-to-eat food.
ATCP 70.115 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96.
ATCP 70.117 ATCP 70.117Recall plan.
ATCP 70.117(1) (1)Plan required. A food processing plant operator shall have a written plan for identifying and recalling food produced at that plant, should a food recall become necessary. The operator shall update the plan as necessary, and shall make it available to the department for inspection and copying upon request.
ATCP 70.117(2) (2)Plan contents. A plan under sub. (1) shall do all of the following:
ATCP 70.117(2)(a) (a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the food processing plant operator.
ATCP 70.117(2)(b) (b) Identify key individuals or entities to be contacted or consulted in connection with a recall.
ATCP 70.117(2)(c) (c) Include procedures for the routine identification, dating, and tracking of food production lots, so that that affected lots can be identified and distinguished from unaffected lots in the event of a recall.
ATCP 70.117(2)(d) (d) Include procedures to enable routine identification, dating, and tracking of food shipments from the food processing plant. Tracking shall identify shipment recipients and contents, cross-referenced to production lots, so that recipients of affected lots can be contacted in the event of a recall.
ATCP 70.117(2)(e) (e) Include procedures for determining the nature and scope of a recall, including affected food production lots, shipments, and shipment recipients.
ATCP 70.117(2)(f) (f) Include procedures for identifying and communicating with affected persons, including suppliers, food shipment recipients, down-line buyers, consumers, government agencies, and others.
ATCP 70.117(2)(g) (g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.
ATCP 70.117(2)(h) (h) Identify potential methods for communicating with target audiences under par. (g).
ATCP 70.117(2)(i) (i) Identify key information, including the identity of the affected food, the reason for the recall, and suggested actions to be taken by affected persons, which may need to be communicated in the event of a recall.
ATCP 70.117(3) (3)Deviations from plan. Actual recall procedures may deviate from the recall plan under sub. (1), as circumstances warrant.
ATCP 70.117 History History: CR 09-009: cr. Register October 2009 No. 646, eff. 11-1-09; renumber of (2) (i) made under s. 13.92 (4) (b) 1., Stats., Register October 2009 No. 646.
subch. III of ch. ATCP 70 Subchapter III — Canning Operations; Supplementary Requirements
ATCP 70.12 ATCP 70.12General. Food processing plants engaged in canning operations shall comply with applicable provisions of subch. II. Food processing plants engaged in canning operations shall also comply with this subchapter.
ATCP 70.12 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.13 ATCP 70.13Low-acid foods packaged in hermetically sealed containers. Persons who process and package low-acid foods in hermetically sealed containers shall comply with applicable federal regulations under 21 CFR 113.
ATCP 70.13 Note Note: Section ATCP 70.13 applies to all low-acid foods processed and packaged in hermetically sealed containers, including thermally processed and aseptically processed low-acid foods.
ATCP 70.13 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; CR 09-009: am. Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.14 ATCP 70.14Acidified foods. Persons who process acidified foods shall comply with applicable federal regulations under 21 CFR 114.
ATCP 70.14 Note Note: Copies of 21 CFR 114 are on file with the department and the legislative reference bureau.
ATCP 70.14 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.15 ATCP 70.15Facilities and equipment; cleaning. Equipment used to handle raw agricultural commodities at a food processing plant shall be designed, constructed, and maintained so that the equipment is easily cleanable and accessible for cleaning. Equipment shall be kept clean. If necessary to prevent unsanitary conditions, both water and steam shall be used to clean machinery and equipment. Cleaning equipment, and an ample supply of water and steam shall be available for cleaning purposes. Cleaning equipment shall be adequate for cleaning purposes, and shall be kept in good repair.
ATCP 70.15 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.16 ATCP 70.16Food packages used in canning operations. Food packages used in canning operations, including metal cans and lids, shall be clean and sanitary. Food packages shall be stored in a manner which protects them from contamination, and shall be properly cleaned before being used. Effective mechanical washers shall be used to clean food packages prior to use. Washing machines shall be arranged so that waste water does not splash or drip onto cleaned or filled food packages.
ATCP 70.16 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.17 ATCP 70.17Handling raw agricultural commodities and by-products.
ATCP 70.17(1)(1) Raw agricultural commodities shall be washed, sorted, trimmed as necessary, and inspected before being canned. This does not require the washing of kraut.
ATCP 70.17(2) (2) Waste and by-products from canning operations shall be stored and handled in a sanitary manner.
ATCP 70.17 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
subch. IV of ch. ATCP 70 Subchapter IV — Fish Processing Plants; Molluscan Shellfish Plants; Supplementary Requirements
ATCP 70.18 ATCP 70.18Fish processing.
ATCP 70.18(1) (1) Fish processing operations shall comply with subch. II and 21 CFR 123. Fish processing plant operators shall have HACCP plans that comply with 21 CFR 123 and address food safety hazards that may occur in fish processing. If a fish processing plant produces smoked fish products or smoke-flavored fish products, the HACCP plan for that fish processing plant shall address potential botulism risks as provided in 21 CFR 123 part B.
ATCP 70.18(2) (2) Raw or processed fish that is packaged in reduced-oxygen packaging, as defined in s. ATCP 70.02 (22n), shall immediately be refrigerated to a temperature of 38°F (3° C) or below, and shall be kept at or below that temperature until sold to consumers at retail, unless one of the following applies:
ATCP 70.18(2)(a) (a) The fish are salted fish and have a salt content of at least 20%.
ATCP 70.18(2)(b) (b) The fish are frozen immediately after processing, and kept frozen until sold to consumers at retail.
ATCP 70.18 Note Note: Operators of smoked fish processing plants may wish to include, in their HACCP plans, relevant procedures and critical limits identified in Appendix A to this chapter, including critical limits related to smoking time and temperature, percent of water-phase salt in the finished product, and ppm of sodium nitrite in the product before smoking.
ATCP 70.18 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; CR 09-009: r. and recr. Register October 2009 No. 646, eff. 11-1-09; CR 15-093: am. (2) Register August 2016 No. 728, eff. 9-1-16; correction in (2) made under s. 35.17, Stats., Register August 2016 No. 728.
ATCP 70.19 ATCP 70.19Labeling and sale of smoked fish.
Loading...
Loading...
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.