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.
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.