ATCP 70.04 Note
Note: Plumbing and plumbing fixtures are subject to the requirements of chs.
SPS 381 to
387, enforced by the department of safety and professional services.
ATCP 70.04(13)
(13) Garbage and refuse disposal. Garbage and refuse shall not be allowed to accumulate in or around a food processing plant. Garbage and refuse shall be removed as often as necessary to maintain the premises in a clean and sanitary condition. Garbage storage areas shall be constructed and maintained so that they do not attract or harbor insects, rodents or other animals. Garbage and refuse shall be held in durable, leakproof, easily cleanable, and pest-resistant containers. Containers shall be kept covered with tight-fitting lids, and shall be cleaned when necessary to prevent insanitary conditions. Garbage and refuse shall not be burned on the premises, except in compliance with state and local laws. Garbage and refuse shall not be burned on the premises if burning may contaminate food.
ATCP 70.04(14)
(14) Control of pests. Effective measures shall be taken, as necessary, to control insects, rodents and other pests in a food processing plant. Pesticides and other hazardous substances shall not be stored or used in a manner which may contaminate food, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled or used in a manner inconsistent with label directions, or in a negligent manner.
ATCP 70.04 Note
Note: Pesticide storage and use must comply with ss.
94.67 to
94.71, Stats., and ch.
ATCP 29. Pesticides must be registered for use by the U.S. environmental protection agency or by the department.
ATCP 70.04(15)
(15) Construction; plan review. Before a food processing plant is constructed, substantially reconstructed or extensively altered, the operator of the food processing plant shall notify the department in writing. Plans and specifications for the construction, conversion or alteration may be submitted to the department for review before the work is begun. Plans and specifications shall be available for review by the department upon request.
ATCP 70.04(16)
(16) Variances. The department may issue a written waiver granting a variance from a construction standard under this section if the department finds that the variance is reasonable and necessary under the circumstances, and that it will not compromise the purpose served by the construction standard. The administrator of the department's division of food safety may issue a waiver on behalf of the department. The department shall issue a waiver in writing, and shall keep a copy of the waiver on file for as long as the waiver remains in effect.
ATCP 70.04 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; am. (6), (10) (d), cr. (16),
Register, April, 1996, No. 484, eff. 5-1-96;
CR 09-009: am. (7) (b) (intro.), r. and recr. (9) (b), cr. (9) (c)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.05(1)
(1)
Cleanliness. Persons engaged in food processing shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in food processing shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking or engaging in other activities which may contaminate the hands. Persons engaged in food processing shall keep their fingernails clean and neatly trimmed, and shall not wear fingernail polish unless they wear sanitary gloves at all times when handling food.
ATCP 70.05(1m)(a)(a) Except as provided in
par. (b), individuals engaged in food processing or handling may not contact ready-to-eat food with their bare hands but shall use suitable food handling aids such as deli-tissue, spatulas, tongs, single-use gloves, or dispensing equipment to avoid bare-hand contact.
ATCP 70.05(1m)(b)
(b) Individuals may contact ready-to-eat food with their bare hands if that contact is reasonably necessary, and does not contaminate food. The individuals shall be trained in, and shall follow, written policies and procedures to ensure safe use of bare hands. The policies and procedures shall identify all of the following:
ATCP 70.05(1m)(b)1.
1. The individuals or positions authorized to contact ready-to-eat food with bare hands.
ATCP 70.05(1m)(b)4.
4. The procedures that authorized individuals are required to follow in order to prevent food contamination from bare-hand contact.
ATCP 70.05(1m)(c)
(c) A food processing plant operator shall provide advance training under
par. (b) to all individuals who may contact ready-to-eat food with their bare hands. The operator shall have a written training plan that identifies all of the following:
ATCP 70.05(1m)(c)1.
1. The individuals or positions responsible for implementing the training, maintaining training records, and ensuring compliance with training requirements.
ATCP 70.05(1m)(c)3.
3. The form of initial training, and the form and frequency of follow-up training if any.
ATCP 70.05(1m)(c)4.
4. Monitoring and control procedures to ensure that individuals are trained before they contact ready-to-eat food with bare hands.
ATCP 70.05(1m)(cm)
(cm) The operator of a food processing plant shall review the training program under
par. (c) at least annually.
ATCP 70.05(1m)(d)
(d) A food processing plant operator shall maintain records to document the operator's compliance with this subsection. Records shall be retained for at least one year after they are made, and shall be available to the department for inspection and copying upon request.
ATCP 70.05(2)
(2) Clothing and jewelry. Persons in food processing areas or handling unpackaged food shall wear clean, washable outer garments and effective hair restraints, including effective hair restraints for beards longer than 1/2 inch. Hair restraints may include hair nets, caps and snoods, but do not include hairsprays, visors or headbands. Persons working in food processing areas or handling unpackaged food shall remove all jewelry from their hands and fingers before having any direct manual contact with food or food contact surfaces. Jewelry shall not be worn in a manner which creates a risk of food contamination. This subsection does not apply to plain band wedding rings.
ATCP 70.05(3)
(3) Employee health. No person who by medical examination or supervisory observation has or is reasonably suspected of having any of the following conditions may work in a food processing plant in any capacity that may result in the contamination of food, or in the contamination of equipment or utensils used to process or handle food:
ATCP 70.05(3)(c)
(c) A discharging or open wound, sore or lesion on the hands, arms or other exposed portions of the body.
ATCP 70.05(4)
(4) Consumption of food, beverages, and tobacco. No person may consume food, beverages or tobacco in any food processing area, or in any area where food processing equipment or utensils are cleaned or stored. Employees may not consume food, beverages or tobacco except in designated areas which are separated from food processing areas. This subsection does not prohibit a sanitary water fountain in a processing area, nor does it prohibit on-line quality control sampling in accordance with written quality control procedures established by the food processing plant operator.
ATCP 70.05 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (3),
Register, April, 1996, No. 484, eff. 5-1-96;
CR 09-009: cr. (1m)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.06(1)
(1)
Construction and maintenance; general. Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that they can be easily cleaned. Equipment and utensils shall be kept clean and in good repair.
ATCP 70.06(2)
(2) Food contact surfaces. Food contact surfaces of equipment and utensils shall be constructed of stainless steel or other materials which are smooth, impervious, nontoxic, noncorrosive, nonabsorbent and durable under normal use conditions. Food contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks or similar defects. Food contact surfaces shall not impart any odor, color, taste or adulterating substance to food. Food contact surfaces, other than food contact surfaces of approved C-I-P systems, shall be readily accessible for manual cleaning. Joints and fittings shall be of sanitary design and construction.
ATCP 70.06 Note
Note: Hard maple or other material which is non-absorbent may be used for cutting blocks, boards and bakers' tables. Sanitary wooden paddles in good condition may be used in confectionaries.
ATCP 70.06(3)
(3) C-I-P systems. C-I-P systems shall be of sanitary design and construction, and shall be installed and maintained for sanitary operation. A C-I-P system shall be installed and maintained so that cleaning and sanitizing solutions can be circulated throughout all interior product contact surfaces of the system. C-I-P systems shall be equipped with adequate inspection ports or other access points. C-I-P systems shall be self-draining, or shall be capable of being easily and completely drained. A temperature recording device, which accurately records the return temperatures of cleaning and sanitizing solutions, shall be installed in all circuits through which cleaning and sanitizing solutions are circulated. Cleaning records shall be kept for at least 90 days after they are created.
ATCP 70.06(4)
(4) Location and installation of equipment. Equipment which cannot be easily moved shall be installed in a manner which prevents liquid or debris from accumulating under or around the equipment. Equipment shall be installed so that there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container which is designed and installed to protrude into or through the wall or ceiling of a food processing plant. Air intake vents for food or ingredient storage containers shall be located in processing areas or shall be properly filtered.
ATCP 70.06(5)
(5) Measuring devices and controls. Every freezer and cold storage compartment used to store or hold potentially hazardous food shall be equipped with a thermometer or other device which accurately indicates the temperature in the compartment. Instruments and controls used for measuring, regulating and recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate, and shall be adequate for their intended use.
ATCP 70.06(6)
(6) Lubrication. Equipment shall be designed and constructed so that gear and bearing lubricants do not come in contact with food or food contact surfaces. Only food grade lubricants may be used in equipment if incidental food contact may occur.
ATCP 70.06(7)
(7) Cleaning and sanitizing equipment and utensils; general. ATCP 70.06(7)(a)1.
1. All food contact surfaces of equipment and utensils shall be cleaned and sanitized after each day's use, and prior to any change in use that may cross-contaminate food with major food allergens or other contaminants.
ATCP 70.06(7)(b)
(b) The department may approve alternative cleaning and sanitizing procedures under
sub. (7m).
ATCP 70.06(7)(c)
(c) Tanks used to store potentially hazardous food or potentially hazardous food ingredients shall be cleaned and sanitized whenever the food processing plant operator empties those tanks or more often if necessary.
ATCP 70.06(7)(d)
(d) Paragraph (a) does not apply to the following equipment, provided that the food processing plant operator cleans and sanitizes the equipment according to manufacturer specifications:
ATCP 70.06(7)(d)4.
4. Equipment used in brining, aging, curing, and dry product blending processes.
ATCP 70.06(7)(d)5.
5. Food contact surfaces of equipment used solely to process foods or food ingredients with low water activity, such as chocolate, fats and oils, liquid nutritive sweeteners, peanut butter, or similar foods which are not potentially hazardous.
ATCP 70.06(7m)(a)(a) A food processing plant operator may ask the department to approve alternative cleaning and sanitizing procedures under
par. (b). The operator shall submit the request in writing. The request shall include all of the following, and any other information required by the department:
ATCP 70.06(7m)(a)1.
1. A clear and complete description of the affected food processing equipment and utensils, including any continuously-operated equipment. The description shall identify sanitary design features that are relevant to the proposed cleaning and sanitizing procedures.
ATCP 70.06(7m)(a)2.
2. The types of food produced with the affected equipment or utensils, the purposes for which the food will be used, and the temperatures at which the food will be prepared, stored and distributed.
ATCP 70.06(7m)(a)3.
3. A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.
ATCP 70.06(7m)(a)4.
4. A written statement, by the food processing plant operator, that the alternative cleaning and sanitizing procedure has been evaluated and determined to be effective in preventing food contamination and ensuring the microbiological safety of food. The written statement shall be based on a HACCP plan under
subd. 5.
ATCP 70.06(7m)(a)5.
5. A HACCP plan, prepared by qualified personnel, to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing food contamination and ensuring the microbiological safety of food. The HACCP plan shall identify and assess foreseeable hazards, identify critical control points, identify critical safety parameters and limits, and identify monitoring procedures and controls to ensure that the procedure is effective.
ATCP 70.06(7m)(b)
(b) The department may approve alternative cleaning and sanitizing procedures that do not comply with
sub. (7) (a) if the department believes that those procedures will be effective in preventing food contamination and ensuring the microbiological safety of food. The department shall give its approval in writing, based on a written request under
par. (a).
ATCP 70.06(7m)(c)
(c) The department shall grant or deny a request under
par. (a) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.
ATCP 70.06(7m)(d)
(d) The department may qualify or limit its approval under
par. (b), as it deems appropriate. The department may withdraw its approval for cause, including information that casts doubt on the efficacy or faithful implementation of the approved procedure.
ATCP 70.06(7m)(e)
(e) A food processing plant operator that implements an alternative cleaning and sanitizing procedure approved under
par. (b) shall do all of the following:
ATCP 70.06(7m)(e)1.
1. Control and monitor to ensure that the procedure is faithfully implemented as approved, and is effective in preventing food contamination and ensuring the microbiological safety of food.
ATCP 70.06(7m)(e)2.
2. Promptly notify the department of any material deviation from the approved procedure, and any information that casts doubt on the efficacy of the procedure.
ATCP 70.06(7m)(e)3.
3. Collect and retain data and records to document, on a continuing basis, the faithful implementation and efficacy of the approved procedure. The operator shall retain the data and records for at least 90 days, and shall make them available upon request for inspection and copying by the department.
ATCP 70.06(8)
(8) Cleaning and sanitizing C-I-P systems. C-I-P systems shall be cleaned and sanitized in compliance with manufacturer specifications. Cleaning and sanitizing records shall be maintained for all C-I-P systems. The records shall identify every C-I-P system which has been cleaned or sanitized, the date and time when each C-I-P system was cleaned and sanitized, the temperature of the cleaning or sanitizing solution, and the length of time for which the C-I-P system was exposed to each cleaning and sanitizing solution. Records shall be signed or initialed by a responsible person at the food processing plant. Records shall be maintained on file at the food processing plant for at least 90 days, and shall be made available for inspection and copying by the department upon request.
ATCP 70.06(9)
(9) Storage of clean equipment and utensils. Equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so as to drain dry. Equipment and utensils shall be protected from contamination prior to use.
ATCP 70.06(10)
(10) Single-service articles. Single-service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination prior to use. Single-service articles shall not be re-used.
ATCP 70.06 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89;
CR 09-009: am. (3), r. and recr. (7), cr. (7m)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.07(1)(a)(a) Operations water, other than water reclaimed according to
sub. (3), shall be obtained from a source that complies with
ch. NR 811 or
812.
ATCP 70.07(1)(b)
(b) Operations water shall be available in consistently adequate quantity, and shall comply with the health related drinking water standards in
ch. NR 809.
ATCP 70.07(1)(c)
(c) If a food processing plant operator obtains operations water from a privately owned water system, the operator shall sample that water at least once annually. The operator shall have each sample tested by a laboratory certified under
ch. ATCP 77, for compliance with the microbiological standards under
s. NR 809.30.
ATCP 70.07(1)(d)
(d) A food processing plant operator shall keep on file, for at least one year, the results of all microbiological and other tests conducted on operations water sampled at the food processing plant.
ATCP 70.07(1)(e)
(e) Operations water used to wash field soil from raw fruits and vegetables may be reused for the following purposes if it is first filtered to remove soil and other particulate matter:
ATCP 70.07(1)(e)1.
1. Washing subsequent deliveries of raw fruit or vegetables at the processing plant.
ATCP 70.07(1)(e)2.
2. Flushing floors and gutters in the receiving area of the processing plant.
ATCP 70.07(2)(a)(a) Ingredient water, other than water reclaimed according to
sub. (3), shall be obtained from a source that complies with
ch. NR 811 or
812. Water reclaimed from food processing operations may not be used as an ingredient in bottled drinking water or in any soda water beverage.
ATCP 70.07(2)(b)
(b) Ingredient water shall comply with the health related drinking water standards under
ch. NR 809. If ingredient water for bottled drinking water or soda water beverages is obtained from a privately owned water supply, that water shall also comply with the health related enforcement standards under
s. NR 140.10.
ATCP 70.07(2)(c)
(c) If a food processing plant operator obtains ingredient water from a privately owned source, the operator shall sample that ingredient water at least once annually. The operator shall have each sample tested by a laboratory certified under
ch. ATCP 77, for compliance with the microbiological standards under
s. NR 809.30.
ATCP 70.07(2)(d)
(d) If a food processing plant operator obtains ingredient water from a municipal source, the operator shall do all of the following:
ATCP 70.07(2)(d)1.
1. Use current good manufacturing practices in handling that water, including safe and sanitary equipment, utensils, production controls and process controls that conform to good public health practice.
ATCP 70.07(2)(d)2.
2. Provide documentation to the department, at the department's request, that the water complies with the microbiological standards under
s. NR 809.30. Documentation may consist of information provided by the municipality.
ATCP 70.07(2)(e)
(e) A food processing plant operator shall keep on file, for at least 5 years, the results of all microbiological and other tests conducted on ingredient water sampled at the food processing plant. The operator shall make the records available for inspection and copying by the department upon request.
ATCP 70.07(3)(a)(a) Water reclaimed from a heat exchanger process, from a compressor cooling unit, from the condensation of food products, or from other food processing plant systems or processes, may be used as ingredient water with department approval if all of the following apply:
ATCP 70.07(3)(a)1.
1. The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration or another method approved by the department.
