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.
ATCP 70.117(2)(f)
(f) Include procedures for identifying and communicating with affected persons, including suppliers, food shipment recipients, down-line buyers, consumers, government agencies and others.
ATCP 70.117(2)(g)
(g) Identify potential target audiences for recall information, including consumers, distributors and government agencies.
ATCP 70.117(2)(h)
(h) Identify potential methods for communicating with target audiences under
par. (g).
ATCP 70.117(2)(i)
(i) Identify key information, including the identity of the affected food, the reason for the recall, and suggested actions to be taken by affected persons, which may need to be communicated in the event of a recall.
ATCP 70.117(3)
(3) Deviations from plan. Actual recall procedures may deviate from the recall plan under
sub. (1), as circumstances warrant.
ATCP 70.117 History
History: CR 09-009: cr.
Register October 2009 No. 646, eff. 11-1-09; renumber of (2) (i) made under s.
13.92 (4) (b) 1., Stats.,
Register October 2009 No. 646.
ATCP 70.12
ATCP 70.12
General. Food processing plants engaged in canning operations shall comply with applicable provisions of subch.
II. Food processing plants engaged in canning operations shall also comply with this subchapter.
ATCP 70.12 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.13
ATCP 70.13
Low-acid foods packaged in hermetically sealed containers. Persons who process and package low-acid foods in hermetically sealed containers shall comply with applicable federal regulations under
21 CFR 113.
ATCP 70.13 Note
Note: Section
ATCP 70.13 applies to all low-acid foods processed and packaged in hermetically sealed containers, including thermally processed and aseptically processed low-acid foods.
ATCP 70.14
ATCP 70.14
Acidified foods. Persons who process acidified foods shall comply with applicable federal regulations under
21 CFR 114.
ATCP 70.14 Note
Note: Copies of
21 CFR 114 are on file with the department and the legislative reference bureau.
ATCP 70.14 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.15
ATCP 70.15
Facilities and equipment; cleaning. Equipment used to handle raw agricultural commodities at a food processing plant shall be designed, constructed and maintained so that the equipment is easily cleanable and accessible for cleaning. Equipment shall be kept clean. If necessary to prevent unsanitary conditions, both water and steam shall be used to clean machinery and equipment. Cleaning equipment, and an ample supply of water and steam shall be available for cleaning purposes. Cleaning equipment shall be adequate for cleaning purposes, and shall be kept in good repair.
ATCP 70.15 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.16
ATCP 70.16
Food packages used in canning operations. Food packages used in canning operations, including metal cans and lids, shall be clean and sanitary. Food packages shall be stored in a manner which protects them from contamination, and shall be properly cleaned before being used. Effective mechanical washers shall be used to clean food packages prior to use. Washing machines shall be arranged so that waste water does not splash or drip onto cleaned or filled food packages.
ATCP 70.16 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.17
ATCP 70.17
Handling raw agricultural commodities and by-products. ATCP 70.17(1)(1) Raw agricultural commodities shall be washed, sorted, trimmed as necessary, and inspected before being canned. This does not require the washing of kraut.
ATCP 70.17(2)
(2) Waste and by-products from canning operations shall be stored and handled in a sanitary manner.
ATCP 70.17 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.18(1)(1) Fish processing operations shall comply with subch.
II and
21 CFR 123. Fish processing plant operators shall have HACCP plans that comply with
21 CFR 123 and address food safety hazards that may occur in fish processing. If a fish processing plant produces smoked fish products or smoke-flavored fish products, the HACCP plan for that fish processing plant shall address potential botulism risks as provided in
21 CFR 123 part B.
ATCP 70.18(2)
(2) Processed fish shall immediately be refrigerated to a temperature of 38°F (3° C) or below, and shall be kept at or below that temperature until sold to consumers at retail, unless one of the following applies:
ATCP 70.18(2)(a)
(a) The fish are salted fish and have a salt content of at least 20%.
ATCP 70.18(2)(b)
(b) The fish are frozen immediately after processing, and kept frozen until sold to consumers at retail.
ATCP 70.18 Note
Note: Operators of smoked fish processing plants may wish to include, in their HACCP plans, relevant procedures and critical limits identified in Appendix A to this chapter, including critical limits related to smoking time and temperature, percent of water-phase salt in the finished product, and ppm of sodium nitrite in the product before smoking.
ATCP 70.18 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.
ATCP 70.19
ATCP 70.19
Labeling and sale of smoked fish. ATCP 70.19(1)(1) Every food package containing smoked fish shall be clearly and conspicuously labeled, on the principal display panel of that package, with all of the following information:
ATCP 70.19(1)(a)
(a) The name and address of the smoked fish processor or distributor.
ATCP 70.19(1)(b)
(b) The name of the product, including the common species name of the fish from which the product is derived.
ATCP 70.19(1)(d)
(d) If smoked fish contained in the package are sold or distributed in an unfrozen state, the words "PERISHABLE — KEEP REFRIGERATED AT OR BELOW 38° F" in conspicuous letters at least the size of those used in the food name.
ATCP 70.19(1)(e)
(e) If smoked fish contained in the package are sold or distributed in a frozen state, the words "PERISHABLE — KEEP FROZEN PRIOR TO USE" in conspicuous letters at least the size of those used in the food name.
ATCP 70.19(2)
(2) Smoked fish processed on different dates may not be commingled in the same container, either at the processing plant or while the fish are being stored, distributed or offered for sale at wholesale or retail.
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)(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.
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)(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.
