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.
ATCP 70.21(1)(i) (i) “Depuration processor" means a person who harvests or receives shellstock from growing areas designated in an approved or conditionally approved, restricted, or conditionally restricted classification by the governing authority and submits such shellstock to an approved depuration process.
ATCP 70.21(1)(j) (j) “Dry storage" means the storage of shellstock out of water.
ATCP 70.21(1)(k) (k) “Growing area" means any site which supports or could support the propagation of shellstock by natural or artificial means.
ATCP 70.21(1)(L) (L) “Harvest area" means a growing area from which commercial quantities of shellstock may be removed and may include aquaculture sites and facilities.
ATCP 70.21(1)(m) (m) “Harvester" means a person who takes shellstock by any means from a growing area.
ATCP 70.21(1)(n) (n) “Heat shock" means the process of subjecting shellstock to any form of heat treatment to facilitate shucking, including steam, hot water or dry heat, without substantially altering the physical or organoleptic characteristics of the shellfish.
ATCP 70.21(1)(o) (o) “ICSSL" means the Interstate Certified Shellfish Shippers List, United States food and drug administration publication of shellfish dealers, domestic and foreign, who have been certified by a state or foreign authority.
ATCP 70.21(1)(p) (p) “In-shell product" means non-living, processed shellfish with one or both shells present.
ATCP 70.21(1)(q) (q) “In-shell product packing" means the process of placing in-shell product into containers for introduction into commerce.
ATCP 70.21(1)(r) (r) “Label" means any written, printed, or graphic matter affixed to, or appearing upon, any package containing shellfish.
ATCP 70.21(1)(s) (s) “Licensee dealer" means a plant licensed in Wisconsin for the activities of shellstock shipper, shucker-packer, repacker, or reshipper.
ATCP 70.21(1)(t) (t) “Lot of in-shell product" means a single type of container of in-shell product from no more than one day's harvest from a single defined growing area.
ATCP 70.21(1)(u) (u) “Lot of shellstock" means a single type of bulk shellstock or containers of shellstock from no more than one day's harvest from a single defined growing area.
ATCP 70.21(1)(v) (v) “Lot of shucked shellfish" means a collection of containers of no more than one day's shucked shellfish, produced under conditions as nearly uniform as possible and designated by a common container code or marking.
ATCP 70.21(1)(w) (w) “Molluscan shellfish" means any edible species, whether shucked or in one or 2 shells, of fresh or frozen oysters, clams, mussels, or edible portions of such species, or scallops except when the product consists entirely of the shucked adductor muscle.
ATCP 70.21(1)(x) (x) “NSSP" means the National Shellfish Sanitation Program.
ATCP 70.21(1)(y) (y) “Person" means any individual, receiver, trustee, guardian, fiduciary, or representative of any kind, and any partnership, association, corporation, or other entity. “Person" includes the federal government, the state, and any other public or private entity.
ATCP 70.21(1)(z) (z) “Potable water" means water obtained from a source that meets the requirements of ch. NR 809.
ATCP 70.21(1)(za) (za) “Raw shellfish" means shellfish that have not been thermally processed to an internal temperature of at least 145°F (62.8°C) for at least 15 seconds (or a temperature-time combination of equivalent lethality), or to an extent that the organoleptic characteristics of the shellfish are altered.
ATCP 70.21(1)(zc) (zc) “Repacker" means any licensee dealer, other than the original certified shucker-packer, that repackages shucked shellfish into other containers.
ATCP 70.21(1)(ze) (ze) “Repack shellstock" means the practice of removing shellstock from containers and placing it into other containers.
ATCP 70.21(1)(zg) (zg) “Reshipper" means a licensee dealer that purchases shucked shellfish or shellstock from shellstock shippers, shucker-packers, and repackers and sells the product, without repacking or relabeling, to other dealers, wholesalers, or retailers.
ATCP 70.21(1)(zi) (zi) “Restricted use shellstock" means shellstock that is harvested from growing areas classified by the governing authority as approved under conditions that do not allow the sale of shellstock for direct marketing for raw consumption and is identified with a tag indicating that the shellstock is intended for further processing prior to distribution retail or food service.
ATCP 70.21(1)(zk) (zk) “Shellstock" means live molluscan shellfish in the shell.
ATCP 70.21(1)(zm) (zm) “Shellstock packing" means the process of placing shellstock into containers for introduction into commerce.
ATCP 70.21(1)(zp) (zp) “Shellstock shipper" means a licensee dealer that grows, harvests, buys, repacks, and sells shellstock, or transports shucked shellfish but may not shuck shellfish or repack shucked shellfish.
ATCP 70.21(1)(zr) (zr) “Shucked shellfish" means molluscan shellfish that have one or both shells removed.
ATCP 70.21(1)(zt) (zt) “Shucker-packer" means a licensee dealer that shucks and packs shellfish and may act as a shellstock shipper or reshipper or may repack shellfish originating from other certified dealers.
ATCP 70.21(1)(zv) (zv) “Transaction record" means the form or forms, used to document each purchase or sale of shellfish at the wholesale level, and including shellfish harvest and sales records, ledgers, purchase records, invoices, and bills of lading.
ATCP 70.21(1)(zx) (zx) “Wet storage" means the storage by a licensee dealer of shellstock from growing areas designated in the approved classification or in the open status of the conditionally approved classification by the governing authority, in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater at any permitted land-based activity or facility.
ATCP 70.21(2) (2)Prohibited acts.
ATCP 70.21(2)(a)(a) In order to ensure that molluscan shellfish in commerce in this state is not adulterated or misbranded as defined in ss. 97.02 and 97.03, Stats., it is unlawful to process, store, transport, handle, or sell molluscan shellfish or molluscan shellfish products unless the molluscan shellfish is received and tagged as coming from a certified dealer and thereafter protected from contamination and unclean, unhealthy, or insanitary conditions.
ATCP 70.21(2)(b) (b) No licensee may operate as a licensee dealer without providing the department with a business address at which inspections of facilities, activities, or equipment can be conducted, and obtaining certification from the department.
ATCP 70.21(2)(c) (c) Only a licensee dealer may handle, receive, store, sort, shuck, repack, or otherwise process molluscan shellfish for interstate commerce.
ATCP 70.21(2)(d) (d) No person may shuck shellfish for interstate commerce without being certified as a shucker-packer.
ATCP 70.21(2)(e) (e) No person may repack shucked shellfish for interstate commerce without being certified as a shucker-packer or repacker.
ATCP 70.21(2)(f) (f) No person may repack shellstock for interstate commerce without being certified as a shellstock shipper, shucker-packer, or repacker.
ATCP 70.21(2)(g) (g) No person may ship shellstock in interstate commerce without being certified as a shellstock shipper, shucker-packer, or repacker.
ATCP 70.21(2)(h) (h) No person may purchase shellstock or shucked shellfish from licensee or certified dealers and sell the product in interstate commerce, without repacking or relabeling, to other licensee or certified dealers, wholesalers, or retailers without being certified as a reshipper.
ATCP 70.21(2)(i) (i) No licensee dealer may commingle, sort, or repack shellstock or shucked shellfish in a way that loses the identity of the lot.
ATCP 70.21(2)(j) (j) No licensee dealer may handle, store, process, or ship shellstock or shucked shellfish unless it is accompanied by an existing tag or label, or a tag or label that accurately reproduces all information on the original tag or label that accompanied the lot or shipment.
ATCP 70.21(2)(k) (k) No licensee dealer certified as a reshipper may conduct wet storage activities.
ATCP 70.21(3) (3)Licensee dealer certification and enforcement.
ATCP 70.21(3)(a)(a) A licensee dealer requesting certification shall be subject to a comprehensive, on-site inspection by a standardized department representative not more than 120 days before issuance or renewal of certification, and shall comply with par. (b) or (c). The department shall ensure that each certification meets all of the following:
ATCP 70.21(3)(a)1. 1. Certification shall expire annually, with the expiration month set by the department.
ATCP 70.21(3)(a)2. 2. Only one certification number shall be issued for each licensee dealer.
ATCP 70.21(3)(a)3. 3. Each certification number shall be unique.
ATCP 70.21(3)(b) (b) Initial certification shall be given only to a licensee dealer once all of the following requirements have been met:
ATCP 70.21(3)(b)1. 1. The department has approved any HACCP plans developed by the licensee dealer to meet the requirements of sub. (18).
ATCP 70.21(3)(b)2. 2. The department has determined that the licensee dealer is in substantial compliance with subch. II and subs. (5) to (16) and (18).
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.