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.
ATCP 70.19(1)(1) Every food package containing smoked fish shall be clearly and conspicuously labeled, on the principal display panel of that package, with all of the following information:
ATCP 70.19(1)(a) (a) The name and address of the smoked fish processor or distributor.
ATCP 70.19(1)(b) (b) The name of the product, including the common species name of the fish from which the product is derived.
ATCP 70.19(1)(c) (c) The net weight of the package contents.
ATCP 70.19(1)(d) (d) If hot-smoked fish contained in reduced-oxygen packaging as defined in s. ATCP 70.02 (22n) are sold or distributed in an unfrozen state, the words “PERISHABLE – KEEP REFRIGERATED AT OR BELOW 38° F" in conspicuous letters at least the size of those used in the food name.
ATCP 70.19(1)(e) (e) If smoked fish contained in the package are sold or distributed in a frozen state, the words “PERISHABLE — KEEP FROZEN PRIOR TO USE" in conspicuous letters at least the size of those used in the food name.
ATCP 70.19(1)(f) (f) The processing date of the smoked fish.
ATCP 70.19(2) (2) Smoked fish processed on different dates may not be commingled in the same container, either at the processing plant or while the fish are being stored, distributed, or offered for sale at wholesale or retail.
ATCP 70.19(3) (3) No person may misrepresent a smoked fish processing date, or sell or distribute smoked fish labeled with any processing date other than the original processing date stated by the processor.
ATCP 70.19(4) (4) Food consisting of or containing smoked fish shall be immediately removed from sale, and shall be destroyed or treated to render it unattractive and unfit for human consumption, if any of the following occurs:
ATCP 70.19(4)(a) (a) The food package is not labeled with a processing date.
ATCP 70.19(4)(b) (b) The food is held at a temperature above 38° F. (3.4° C.) at any time prior to retail sale. This paragraph does not apply to a food which the department specifically exempts in writing because it is not a potentially hazardous food.
ATCP 70.19(5) (5) No smoked fish may be sold, distributed, or offered or exposed for sale in this state unless the smoked fish have been processed, labeled, and handled in compliance with this subchapter. This subsection applies to every person engaged in the sale or distribution of smoked fish in this state, regardless of whether the person processes smoked fish in this state.
ATCP 70.19(6) (6) Smoked fish may not be sold or distributed in a frozen state unless the fish are frozen at the smoked fish processing plant and kept frozen until sold at retail. Frozen smoked fish may not be thawed for sale in an unfrozen state.
ATCP 70.19(7) (7) Cold-process smoked fish may not be used as an ingredient in any other perishable, ready-to-eat food.
ATCP 70.19 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; CR 09-009: r. and recr. Register October 2009 No. 646, eff. 11-1-09; CR 15-093: am. (1) (d) Register August 2016 No. 728, eff. 9-1-16; correction in (1) (d) made under s. 35.17, Stats., Register August 2016 No. 728.
ATCP 70.20 ATCP 70.20Fish roe.
ATCP 70.20(1) (1)Refrigeration. Roe and any attached entrails harvested from a fish shall at all times be refrigerated at a temperature of not more than 38° F. (3.4° C.), except that processing areas used to dry salted roe or salted roe product may be kept at a temperature of not more than 50° F. (10° C.).
ATCP 70.20(2) (2)Harvesting and handling. Roe and attached entrails, if any, shall be harvested, stored, and transported for processing in covered food grade containers. Each container shall be conspicuously labeled to indicate when each of the following operations was performed, if that operation has been performed:
ATCP 70.20(2)(a) (a) The roe and attached entrails, if any, were harvested from the fish.
ATCP 70.20(2)(b) (b) The roe sacks were separated from attached entrails, if any. Roe sacks shall be separated from attached entrails within 48 hours after the roe sacks and entrails are harvested from the fish.
ATCP 70.20(2)(c) (c) The roe was separated from the roe sacks. Roe shall be separated from roe sacks within 72 hours after the roe sacks are harvested from the fish, unless the roe is processed and packed in roe sacks. Roe processed and packed in roe sacks shall be processed and packed within 72 hours after the roe sacks are harvested from the fish.
ATCP 70.20(3) (3)Receipt for processing. A fish processing plant operator may not accept for processing any roe that has been held, transported, or processed in violation of sub. (1) or (2).
ATCP 70.20(4) (4)Processing standards.
ATCP 70.20(4)(a)(a) Roe shall be held and processed according to s. ATCP 70.09 (1).
ATCP 70.20(4)(b) (b) Processed roe shall contain a minimum of 2.5% salt by weight, as determined by quantitative analysis for total salt content.
ATCP 70.20(4)(c) (c) No fish processing plant personnel may have direct hand contact with finished, ready-to-eat roe.
ATCP 70.20(5) (5)Product representation.
ATCP 70.20(5)(a)(a) No roe product may be labeled or represented as “caviar" unless one of the following applies:
ATCP 70.20(5)(a)1. 1. The product consists only of the eggs of sturgeon prepared by a salting and separation process traditionally associated with the term “caviar."
ATCP 70.20(5)(a)2. 2. The product consists of roe prepared by a salting and separation process traditionally associated with the term “caviar," and the name of the fish species is clearly disclosed with the term “caviar" whenever that term is used.
ATCP 70.20 Note Note: For example, a caviar-type product made from whitefish eggs, using the traditional caviar process, may not be labeled as “caviar" unless it is labeled as “whitefish caviar." All packaged food product labels, including “caviar" labels, must also include a statement of ingredients listed by their common or usual names in descending order of prominence (see ATCP 70.10).
ATCP 70.20(5)(b) (b) No person may misrepresent the identity or value of any roe product by adding a color additive to the roe product. This paragraph does not prohibit the use of color additives in roe products if all of the following apply:
ATCP 70.20(5)(b)1. 1. The color additive is approved by the United States food and drug administration.
ATCP 70.20(5)(b)2. 2. The product includes a conspicuous label disclosure, such as “artificially colored" or “color added," which clearly indicates that the product includes a color additive. The disclosure shall appear on the product label directly below the product name in type at least one-third the size of the type used in the product name.
ATCP 70.20(5)(b)3. 3. The color additive is included in the ingredient statement on the product label.
ATCP 70.20 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1), (6), r. (7), Register, April, 1996, No. 484, eff. 5-1-96; CR 09-009: r. and recr. Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.21 ATCP 70.21Molluscan shellfish processing.
ATCP 70.21(1)(1)Definitions. In this section:
ATCP 70.21(1)(a) (a) “Blower" means a device used for washing shucked shellfish which uses forced air as a means of agitation.
ATCP 70.21(1)(b) (b) “Broker" means any person who is not a dealer but who arranges the packaging, shipping, sale, or distribution of molluscan shellfish without taking ownership or physical custody of the shellfish.
ATCP 70.21(1)(c) (c) “Certification" or “certify" means the issuance of a numbered certificate to a licensee dealer for a particular activity or group of activities that indicates approval from the department to conduct the activity and compliance with this chapter.
ATCP 70.21(1)(d) (d) “Certification number" means the number that conforms to the United States food and drug administration generated-number in the ICSSL.
ATCP 70.21(1)(e) (e) “Commingle" means the act of combining different lots of food, including shellstock or shucked shellfish.
ATCP 70.21(1)(f) (f) “Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of an identified food safety hazard.
ATCP 70.21(1)(g) (g) “Cull" means to remove dead or unsafe shellstock from a lot of shellstock.
ATCP 70.21(1)(h) (h) “Dealer" means a licensee to whom certification is issued for the activities of shellstock shipper, shucker-packer, repacker, or reshipper.
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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.