ATCP 70.21(18)(a)6. 6. A HACCP plan which includes the shucked meat storage critical control point shall include critical limits for the shucked meat storage critical control point that ensure shucked and packed shellfish are stored in covered containers at an ambient air temperature of 45°F (7.2°C) or less, or covered with ice.
ATCP 70.21(18)(a)7. 7. A HACCP plan which includes the shellstock shipping critical control point shall include critical limits for the shellstock shipping critical control point that ensure the shellstock containers are labeled and tagged in compliance with the requirements in sub. (10).
ATCP 70.21(18)(a)8. 8. If a licensee dealer will be using heat shock, the licensee dealer shall include heat shock as a critical control point in the HAACP plan and ensure that heat shock does not change the physical and organoleptic properties of the species, kill the shellfish prior to shucking, or increase microbial deterioration of the shucked shellfish.
ATCP 70.21(19) (19)Shipping documents and transaction records.
ATCP 70.21(19)(a)(a) Shipping documents. Each licensee dealer shall maintain shipping documents that meet the following requirements:
ATCP 70.21(19)(a)1. 1. Each shellfish shipment shall be accompanied by a shipping document which contains the name, address, and certification number of the shipping licensee dealer, the name and address of the receiving facility, and the kind and quantity of the shellfish product.
ATCP 70.21(19)(a)3. 3. The licensee dealer shall maintain in a file, a copy of the completed shipping document, and make the shipping document available to the department upon request.
ATCP 70.21(19)(a)4. 4. If the shipment is subdivided to different facilities, each receiving facility shall maintain records sufficient to trace the portion received back to the original shipment.
ATCP 70.21(19)(a)5. 5. Shellstock that is shipped bearing a restricted use tag shall only be shipped to a licensed shucker-packer and shall include specific language detailing the intended use of the shellstock.
ATCP 70.21(19)(b) (b) Transaction records. Each licensee dealer shall maintain transaction records that meet the following requirements:
ATCP 70.21(19)(b)1. 1. Each licensee dealer shall have a business address at which transaction records are maintained.
ATCP 70.21(19)(b)2. 2. Each licensee dealer shall maintain complete, accurate, and legible records of the required information.
ATCP 70.21(19)(b)3. 3. Transaction records shall be sufficient to do all of the following:
ATCP 70.21(19)(b)3.a. a. Document that the shellfish are from an authorized source.
ATCP 70.21(19)(b)3.b. b. Permit a container of shucked shellfish to be traced back to the specific incoming lot of shucked shellfish or shellstock from which it was taken.
ATCP 70.21(19)(b)3.c. c. Permit a lot, or commingled lots, of shucked shellfish or a lot of shellstock to be traced back to the growing area, date of harvest, date and location of wet storage, if applicable, and if possible, the harvester or group of harvesters.
ATCP 70.21(19)(b)4. 4. Purchases and sales shall be recorded in a permanently bound ledger book or using other recording methods acceptable to and approved by the department.
ATCP 70.21(19)(b)5. 5. The transaction records shall be retained for at least one year in the case of fresh shellfish, and for at least 2 years or the shelf-life of frozen shellfish, whichever is longer.
ATCP 70.21(19)(b)6. 6. If computer records are maintained, the records shall be made available for inspection by the department.
ATCP 70.21(20) (20)Illness outbreaks associated with shellfish.
ATCP 70.21(20)(a)(a) At any time shellfish are potentially implicated in an illness outbreak involving at least 2 persons not from the same household (or at least one person in the case of paralytic shellfish poisoning), the department shall determine whether an epidemiological association exists between the illness and the shellfish consumption by reviewing each consumer's food intake history and the shellfish handling practices of the consumer and retailer.
ATCP 70.21(20)(b) (b) When the department has determined an epidemiological association exists between an illness outbreak and shellfish consumption, the department shall conduct an investigation of the outbreak within 24 hours to determine whether the illness is related to the shellfish growing area or to post-harvest contamination or mishandling.
ATCP 70.21(20)(c) (c) Upon completion of the investigation, the department shall notify receiving states and the United States food and drug administration of the findings, and take appropriate steps in cooperation with the licensee dealer to recall the affected product and, if necessary, inform consumers about the outbreak and associated product.
ATCP 70.21 History History: CR 12-037: cr. Register May 2013 No. 689, eff. 6-1-13; (1) (za) to (zx) renumbered from (1) (aa) to (kk) under s. 13.92 (4) (b) 1., Stats., Register May 2013 No. 689.
subch. V of ch. ATCP 70 Subchapter V — Bottling Establishments; Supplementary Requirements
ATCP 70.23 ATCP 70.23Bottling establishments; general. Bottling establishments shall comply with subch. II and this subchapter. Bottling establishments producing bottled water shall comply with 21 CFR 129. Bottling establishments engaged in juice processing shall comply with 21 CFR 120.
ATCP 70.23 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; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2009 No. 646.
ATCP 70.24 ATCP 70.24Automatic bottle washing. Bottles cleaned in an automatic bottle washer shall be sanitized while in the washer by a sanitizing method which complies with s. ATCP 70.11. If bottles are sanitized by being soaked in a caustic solution, the causticity of the sanitizing solution shall be monitored and maintained at an appropriate level in relation to solution temperature and soaking time. The following table shows minimum causticity levels required for sanitizing solutions (expressed in terms of percent concentration of sodium hydroxide, NaOH, in the sanitizing solution), based on applicable soaking times and temperatures: - See PDF for table PDF
ATCP 70.24 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.25 ATCP 70.25Returnable and single-service bottles. Bottles shall comply with food package requirements under s. ATCP 70.10 (1). Returnable bottles shall be cleaned, sanitized, and inspected in compliance with s. ATCP 70.10 (2) and (3). Single service bottles shall comply with s. ATCP 70.10 (4).
ATCP 70.25 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.26 ATCP 70.26Product sampling; recordkeeping; reports.
ATCP 70.26(1)(1) Operations water and ingredient water used in a bottling establishment shall comply with standards specified under s. ATCP 70.07.
ATCP 70.26(2) (2) Bottled drinking water and soda water beverages shall comply with ch. NR 809 and the health related enforcement standards of s. NR 140.10.
ATCP 70.26(3) (3) The operator of a bottling establishment shall collect and analyze representative samples of bottled product to provide reasonable assurance of compliance with sub. (2). For contaminant types identified in sub. (4), the operator shall collect and test samples at no less than the frequency required under sub. (4).
ATCP 70.26(4) (4) The operator of a bottling establishment shall collect and analyze samples of bottled product for the following contaminants at the following minimum frequencies, and more frequently if necessary to provide reasonable assurance of compliance with sub. (2). - See PDF for table PDF
ATCP 70.26(4m) (4m) Notwithstanding subs. (3) and (4), if the operator of a bottling establishment obtains ingredient water from a municipal source that complies with sub. (2), the operator is not required to test bottled product for any contaminant other than bacteria unless one of the following applies:
ATCP 70.26(4m)(a) (a) The operator has reason to suspect that the contaminant may be present in that ingredient water or in the bottled product.
ATCP 70.26(4m)(b) (b) Testing is required under 21 CFR 129.80(g) for bottled water.
ATCP 70.26(5)(a)(a) Bottling establishment operators shall maintain records of all test results obtained from the analysis of operations water and ingredient water. Test results shall be made available for inspection and copying by the department upon request. Results of microbiological analyses shall be maintained for one year, chemical analyses for 6 years; and radiological analyses for 10 years.
ATCP 70.26(5)(b) (b) A processor of bottled water shall report the results of all required analyses under sub. (3) to the department. Results for each license year shall be reported to the department upon request. If the result of any individual analysis exceeds the established enforcement standard, the bottled water processor shall submit a copy of that analytical report to the department within 7 days of the completion of the analysis.
ATCP 70.26 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1), Register, April, 1996, No. 484, eff. 5-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1998, No. 505; CR 09-009: r. and recr. (3) and (4), cr. (4m) Register October 2009 No. 646, eff. 11-1-09; correction in (4m) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register October 2009 No. 646.
ATCP 70.261 ATCP 70.261Water and potable liquids transported in bulk.
ATCP 70.261(1)(1) Water transported to a bottling establishment in a bulk tank or bulk container, for use as an ingredient or in other plant operations, shall comply with s. ATCP 70.07 (6) (a).
ATCP 70.261(2) (2) The operator of the bottling establishment shall collect at least weekly, and analyze for coliform bacteria and heterotrophic plate count, representative samples of bulk ingredient water shipments received from each shipment source. If the operator receives bulk ingredient water shipments from any source less than weekly, the operator shall collect and analyze a representative sample from each shipment from that source.
ATCP 70.261(3) (3) If potable water or another potable liquid is transported to or from a bottling establishment in a bulk tank or bulk container, all of the following apply:
ATCP 70.261(3)(a) (a) The potable water or potable liquid shall be loaded, transported, and unloaded in compliance with s. ATCP 70.07 (6) (b).
ATCP 70.261(3)(b) (b) The bulk tank or bulk container, and each of its equipment and fittings, shall comply with s. ATCP 70.07 (6) (c).
ATCP 70.261(4) (4) An operator of a bottling establishment shall make a record of each bulk shipment under this section, and shall keep that record for at least 2 years. The record shall include all of the following:
ATCP 70.261(4)(a) (a) The name and address of the person sending, and the person receiving, the shipment contents.
ATCP 70.261(4)(b) (b) The name and address of the transport vehicle owner, and the name of the individual operator of the transport vehicle.
ATCP 70.261(4)(c) (c) The identification number of the transport vehicle, if an identification number is publicly displayed on that vehicle.
ATCP 70.261(4)(d) (d) The date on which the shipment was received at, or shipped from, the bottling establishment.
ATCP 70.261(4)(e) (e) All of the following information if the shipment originated from the bottling establishment:
ATCP 70.261(4)(e)1. 1. The date on which the bulk tank or container was last cleaned and sanitized prior to the shipment.
ATCP 70.261(4)(e)2. 2. The name and concentration of the sanitizer used to sanitize the bulk tank or container.
ATCP 70.261(4)(f) (f) Laboratory results under sub. (2), if any.
ATCP 70.261 History History: CR 09-009: cr. Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.262 ATCP 70.262Labeling bottled products.
ATCP 70.262(1) (1) Bottled products shall be labeled according to s. ATCP 70.10 (5). Bottled water shall also be labeled according to 21 CFR 165.110.
ATCP 70.262(2) (2) A juice label may not misrepresent that juice has been pasteurized. A juice label may not represent as “fresh" any juice that has been treated with ultra-violet light.
ATCP 70.262 History History: CR 09-009: cr. Register October 2009 No. 646, eff. 11-1-09.
subch. VI of ch. ATCP 70 Subchapter VI — Effect of Rules on Local Ordinances
ATCP 70.27 ATCP 70.27Effect of rules on local ordinances.
ATCP 70.27(1)(1) This chapter does not prohibit or nullify any local government ordinance with which it is not in direct conflict as provided in sub. (2).
ATCP 70.27(2) (2) If this chapter conflicts directly with any local government ordinance, so that it is impossible to comply with one except by violating the other, this chapter controls.
ATCP 70.27(3) (3) Compliance with local government ordinances does not relieve any person from the duty of complying with this chapter.
ATCP 70.27 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.
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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.