ATCP 70.07(6)(c)1.
1. It shall be properly constructed and maintained to prevent contamination of the potable water or potable liquid. Food contact surfaces shall comply with
s. ATCP 70.06 (2).
ATCP 70.07(6)(c)3.
3. It may not be used to transport materials that may contaminate potable water or potable liquid that is subsequently transported in the bulk tanker or bulk container.
ATCP 70.07(6)(c)4.
4. It shall be effectively sealed to protect the potable water or potable liquid from contamination during transit.
ATCP 70.07 Note
Note: Effective sealing systems include manhole cover gaskets and seals.
ATCP 70.07(6)(c)5.
5. It shall be properly stored and serviced to prevent contamination. When not in use, pumps, hoses and fittings shall be properly maintained, capped, stored, and protected from contamination.
ATCP 70.07(7)
(7) Culinary steam. Water used to produce culinary steam shall be potable. Water reclaimed from food processing operations may not be used to produce culinary steam unless it complies with
sub. (3) (a) or
(b). In boilers used to produce culinary steam, boiler water additives shall comply with
21 CFR 173.310.
ATCP 70.07 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1993, No. 448; r. and recr. (1), (2), cr. (3), (4),
Register, April, 1996, No. 484, eff. 5-1-96; corrections in (1) (c), (2) (c) and (3) (b) 5., made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542;
CR 09-009: r. and recr. (3), cr. (5) to (7)
Register October 2009 No. 646, eff. 11-1-09; correction to numbering of (7) made under s. 13.92 (4) (b) 1., Stats.,
Register October 2009 No. 646; correction in (3) (b) 7. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
ATCP 70.08(1)(1)
General. Food ingredients shall be safe, wholesome and unadulterated, and shall comply with applicable standards of identity under s.
97.09, Stats. Raw agricultural commodities and other food ingredients shall be segregated and examined as necessary to determine whether they are clean and fit for processing. Processed foods and dairy products which are used as food ingredients shall be obtained from sources which comply with applicable licensing and inspection requirements.
ATCP 70.08(2)
(2) Eggs and egg products. Only clean whole eggs, pasteurized eggs in liquid, frozen or dry form, or pasteurized egg products may be used in food processing. Eggs and egg products may be pasteurized during processing. Clean whole eggs shall be equivalent to USDA Grade B or better with shells intact.
ATCP 70.08 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89;
CR 09-009: am. (2)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.09(1)
(1)
General. Food shall be protected from contamination and decomposition while being processed, handled, conveyed or held at a food processing plant. Food shall be processed and held in a manner which keeps the food in a safe, wholesome and unadulterated condition. Potentially hazardous foods shall be processed and held at temperatures, or in a manner, which minimizes the potential for growth of undesirable microorganisms.
ATCP 70.09(2)
(2) Food storage. Food storage areas shall be maintained in a clean, sanitary and orderly condition, free from conditions which may result in the adulteration of food. Potentially hazardous foods shall be stored at safe temperatures. Storage areas shall be constructed and maintained so that waste water and other waste liquids do not drain into, or accumulate in any storage area. Food shall not be stored in a manner which may tend to attract or harbor pests.
ATCP 70.09(3)(a)(a) Food processing shall be conducted under appropriate conditions and controls to minimize the potential for growth of undesirable microorganisms, or the contamination of food.
ATCP 70.09 Note
Note: One way to comply with this requirement is to follow a HACCP plan which monitors and controls food safety variables at critical control points in the manufacturing process. Monitoring and controlling food safety variables such as time, temperature, humidity, water activity (aw), pH, pressure, and flow rate at critical control points can ensure that mechanical breakdowns, time delays, temperature fluctuations, and other conditions do not contribute to the decomposition or contamination of food.
ATCP 70.09(3)(b)
(b) If potentially hazardous food is heated, refrigerated or frozen in the course of processing, the internal temperature of the food shall be accurately monitored, as necessary, to ensure that safe temperatures are promptly attained and maintained.
ATCP 70.09(3)(c)
(c) Potentially hazardous frozen foods, if thawed for processing, shall be thawed by one of the following methods:
ATCP 70.09(3)(c)1.
1. By placing the frozen food in a refrigerated space at a temperature of not more than 41°F (5°C).
ATCP 70.09(3)(c)2.
2. Under potable running water at a temperature of not more than 70ºF (21ºC). Water velocity shall be sufficient to agitate loose particles and drain or float them away from the food being thawed.
ATCP 70.09(3)(c)3.
3. In a microwave oven if the food is fully cooked in the microwave oven, or if cooking is immediately completed in another cooking facility.
ATCP 70.09(3)(c)4.
4. In any cooking facility, as part of the process by which the food is fully cooked.
ATCP 70.09(4)(a)(a) Food contact surfaces of bulk flour handling equipment shall comply with the provisions of
s. ATCP 70.06 (2). Pneumatic systems using storage bins constructed of semi-permeable cloth material are exempt from the requirement that surfaces be smooth and nonabsorbent, provided the surfaces can be effectively cleaned. Attachment mechanisms for holding inspection port covers, access doors, delivery pipe caps or other removable accessories shall have no loose parts. Delivery pipe caps shall be kept in place, and secured against removal, except when a bulk flour handling system is in use. Outside installations shall be watertight or suitably covered to prevent entry of water and foreign material.
ATCP 70.09(4)(b)
(b) Intake air used in pneumatic flour handling systems shall be filtered to exclude particles of 50 microns or larger. Air discharged from the system shall be filtered so that no visible dust is permitted to escape. Filters shall be readily removable for cleaning or replacement. Straight runs of pneumatic conveyors shall comply with the provisions of
s. ATCP 70.06 (1), except that piping which is self-purging is exempt from accessibility requirements.
ATCP 70.09(5)
(5) Raw ingredients and finished products; separate handling. Effective measures shall be taken to prevent cross contamination between raw ingredients and finished food products. Raw ingredients shall not be handled simultaneously with finished products in any part of a food processing plant if either the raw materials or the finished products are uncovered or unprotected, and if the handling may result in contamination.
ATCP 70.09(6)(a)1.
1. "Distressed food" means processed food exposed to a fire, flood, transportation accident, refrigeration breakdown or other unusual condition which may affect its safety or suitability as human food. This subdivision does not include food or food packages damaged during normal conditions of food and food product handling, transit or storage.
ATCP 70.09(6)(a)2.
2. "Reconditioned food" means packaged distressed food which is distributed or offered for sale as human food after its package is repaired or relabeled without being opened.
ATCP 70.09(6)(a)3.
3. "Reprocessed food" means distressed food that is subsequently processed in accordance with the requirements under this chapter and distributed or offered for sale as human food.
ATCP 70.09(6)(b)
(b) A food processing plant operator shall notify the department within 3 days after the operator takes possession of any distressed food, or within 3 days after food in the operator's custody becomes distressed food. The operator shall notify the department before the operator reprocesses or reconditions the distressed food.
ATCP 70.09(6)(c)
(c) A food processing plant operator shall identify distressed food as such, and shall separate it from other food. No operator may store distressed food in a processing area, or under conditions which may lead to the contamination of other food, equipment, utensils or packaging materials.
ATCP 70.09(6)(d)
(d) No food processing plant operator may do either of the following:
ATCP 70.09(6)(d)1.
1. Reprocess for sale, as human food, any distressed food which is unwholesome or adulterated.
ATCP 70.09(6)(d)2.
2. Offer for sale, sell or distribute food in packages that are damaged to such an extent that the food may have been exposed or subjected to possible contamination, including packages with bulging ends, ruptures, hairline fractures, breakage along critical seams, or openings which may have exposed food to contamination.
ATCP 70.09(6)(e)
(e) No food processing plant operator may sell or distribute reprocessed or reconditioned food at wholesale unless the operator gives the purchaser or recipient written notice that the food is reprocessed or reconditioned. The notice shall also include the name and address of the person who reprocessed or reconditioned the distressed food. The notice may be included on an invoice, bill of lading, or other writing which documents the sale or distribution of the food.
ATCP 70.09(6)(f)
(f) A food processing plant operator shall keep, for at least one year, all of the following records related to distressed food handled by that operator:
ATCP 70.09(6)(f)1.
1. A description of the distressed food, including the type of food, the package or container style, and the amount of the food.
ATCP 70.09(6)(f)2.
2. The source of the distressed food, or the conditions which caused it to become distressed food.
ATCP 70.09(6)(f)4.
4. The nature of any reprocessing or reconditioning which the operator performed on the distressed food.
ATCP 70.09(6)(f)5.
5. If the distressed food is not sold directly at retail, the final disposition of the distressed food. The record of final disposition shall include the name and address of the person, such as the food wholesaler, food distributor, waste disposal firm or waste disposal site operator, to whom the food processing plant operator delivered the food.
ATCP 70.09(7)
(7) Food irradiation. Irradiation in the production, processing and handling of food shall comply with applicable federal regulations under
21 CFR 179.
ATCP 70.09 Note
Note: Copies of
21 CFR 179 are on file with the department and the legislative reference bureau.
ATCP 70.09 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; am. (3) (c) 1., r. and recr. (6),
Register, April, 1996, No. 484, eff. 5-1-96.
ATCP 70.10
ATCP 70.10
Food packaging and labeling. ATCP 70.10(1)
(1)
General. Food packages shall be of sanitary design and construction, so as to protect food contents from reasonably foreseeable risks of contamination. Food packages shall be clean, sanitary and free of any extraneous or deleterious substance. Food shall not be sold or distributed in packages which are damaged to the extent that food contents may be adulterated as a result of the damage. A sealed food package is damaged within the meaning of this subsection if the package or seal is broken or bulged.
ATCP 70.10(2)
(2) Cleaning and sanitizing returnable food packages. Returnable or multi-use food packages, including returnable bottles, shall be effectively cleaned and sanitized before being reused. Cleaning and sanitizing processes shall remove all extraneous matter and potential adulterants from a food package before the food package is reused. Sanitizing methods shall comply with
s. ATCP 70.11. No food package may be reused unless it is specifically designed and constructed for that purpose.
ATCP 70.10(3)
(3) Inspection of returnable food packages. Returnable or multi-use packages, after being cleaned and sanitized, shall be inspected before being reused. Inspection shall be adequate to detect extraneous material and adulterants, and any damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with
s. ATCP 70.04 (5) (b).
ATCP 70.10(4)
(4) Single-service food packages. Single-service food packages, including bottle caps and other single-service articles used to package food, shall be made from clean, sanitary materials. Single-service food packages shall be clean and sanitary at the time of use. Single service food packages shall be protected from contamination prior to use, and shall be handled in a sanitary manner. Single-service food packages, including single-service bottles and bottle caps, shall not be re-used.
ATCP 70.10(5)
(5) Food package labeling. Packaged food shall be packaged and labeled according to all of the following, as applicable:
ATCP 70.10(5)(e)
(e) If the packaged food contains a major food allergen, the ingredient statement on the package shall disclose the common name of the major food allergen. The disclosure shall be equivalent in size and prominence to the rest of the ingredient statement. If an allergen originates from fish, crustacean shellfish or tree nuts, the disclosure shall include the common name of the source species.
ATCP 70.10 Note
Note: For example, if a food product includes an allergen that originates from fish, the ingredient statement must disclose the common species name such as bass, flounder or cod. If the allergen originates from crustacean shellfish, the ingredient statement must disclose the common species name such as crab, lobster or shrimp. If the allergen originates from tree nuts, the ingredient statement must disclose the common species name such as almond, pecan, walnut or coconut.
ATCP 70.10 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89;
CR 09-009: r. and recr. (title), cr. (5)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.11
ATCP 70.11
Sanitizers and sanitizing methods. ATCP 70.11(1)(1)
Sanitizing methods. All returnable or multi-use food packages, and all food contact surfaces of equipment and utensils used to handle potentially hazardous foods, shall be sanitized prior to each use by one of the following sanitizing methods:
ATCP 70.11(1)(a)
(a) Immersion for at least 30 seconds in clean water at a temperature of at least 170ºF (77ºC).
ATCP 70.11(1)(b)
(b) Immersion for a period of at least 2 minutes in a sanitizing solution containing at least 100 ppm of available chlorine, and having a pH not higher than 8.3, at a temperature not less than 75ºF (24ºC) nor more than 110ºF (44ºC).
ATCP 70.11(1)(c)
(c) Immersion for a period of at least one minute in a sanitizing solution containing at least 12.5 ppm of available iodine, and having an acid pH not higher than 5.0, at a temperature of not less than 75ºF (24ºC) nor more than 110ºF (44ºC).
ATCP 70.11(1)(e)
(e) Application, according to manufacturer's instructions, of a nontoxic chemical sanitizer or sanitizing method which has been demonstrated to be equally effective for sanitizing purposes as the methods described under
pars. (a) through
(d), and which has been approved by the department under
sub. (4).
ATCP 70.11(2)
(2) Baking and cooking containers; exemption. Subsection (1) does not apply to baking and cooking containers if heating time and temperature combinations meet industry standards and are adequate to destroy pathogenic microorganisms, provided that the containers are cleaned, stored and used in a manner which prevents contamination of food.
ATCP 70.11(3)
(3) Sanitizers; maximum concentrations. Sanitizers and cleaning compounds used on food contact surfaces shall not be used in a way that leaves a toxic residue on the food contact surface. Sanitizing solutions shall not exceed the maximum concentrations established by the food and drug administration, United States department of health and human services, under
21 CFR 178.1010. A test kit or other device that measures the concentration of sanitizing solutions in parts per million shall be used as necessary to ensure compliance with this subsection at all times.
ATCP 70.11 Note
Note: Copies of
21 CFR 178.1010 are on file with the department and the legislative reference bureau.
ATCP 70.11(4)(a)(a) Sanitizers approved under
ch. ATCP 75 Appendix, Wisconsin Food Code section 4-501.114 are also approved by the department for purposes of
sub. (1) (e). The department may approve other sanitizers and sanitizing methods that it finds to be safe and effective for the purpose used.
ATCP 70.11(4)(b)
(b) The department may deny or withdraw approval of any sanitizer or sanitizing method approved under
par. (a), regardless of whether that sanitizer or sanitizing method is approved by any other state or federal agency, if the department determines that the sanitizer or sanitizing method is not safe or effective for the purpose or under the conditions used, or that it adversely affects the sanitary characteristics of equipment, utensils or food packages.
ATCP 70.11 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89;
CR 09-009: r. and recr. (4)
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.115
ATCP 70.115
Ready-to-eat foods; reporting pathogens and toxins. ATCP 70.115(1)(1)
Requirement. Except as provided under
sub. (2), a food processing plant operator shall report to the department the results of any microbiological test or laboratory analysis which indicates that any ready-to-eat food produced by that operator contains pathogenic organisms or toxins. The operator shall report to the department within 24 hours after the operator obtains the test results. The operator may report orally, electronically or in writing.
ATCP 70.115(2)
(2) Exemption. A food processing plant operator is not required to report test results under
sub. (1) if all of the following apply:
ATCP 70.115(2)(a)
(a) The ready-to eat-food is identified by a product code or production lot number.
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(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.
