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.
ATCP 70.20(5)(a)(a) No roe product may be labeled or represented as "caviar" unless one of the following applies:
ATCP 70.20(5)(a)1.
1. The product consists only of the eggs of sturgeon prepared by a salting and separation process traditionally associated with the term "caviar."
ATCP 70.20(5)(a)2.
2. The product consists of roe prepared by a salting and separation process traditionally associated with the term "caviar," and the name of the fish species is clearly disclosed with the term "caviar" whenever that term is used.
ATCP 70.20 Note
Note: For example, a caviar-type product made from whitefish eggs, using the traditional caviar process, may not be labeled as "caviar" unless it is labeled as "whitefish caviar." All packaged food product labels, including "caviar" labels, must also include a statement of ingredients listed by their common or usual names in descending order of prominence (see ATCP 70.10).
ATCP 70.20(5)(b)
(b) No person may misrepresent the identity or value of any roe product by adding a color additive to the roe product. This paragraph does not prohibit the use of color additives in roe products if all of the following apply:
ATCP 70.20(5)(b)1.
1. The color additive is approved by the United States food and drug administration.
ATCP 70.20(5)(b)2.
2. The product includes a conspicuous label disclosure, such as "artificially colored" or "color added," which clearly indicates that the product includes a color additive. The disclosure shall appear on the product label directly below the product name in type at least one-third the size of the type used in the product name.
ATCP 70.20(5)(b)3.
3. The color additive is included in the ingredient statement on the product label.
ATCP 70.20 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1), (6), r. (7),
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 Note
ATCP 70.22 Labeling and sale of smoked fish. History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1) (intro.), cr. (1) (h), (5) (d), (9), am. (3), (5) (intro.), (a) to (c),
Register, April, 1996, No. 484, eff. 5-1-96;
CR 06-028: am. (1) (g) (intro.) and (2)
Register November 2006 No. 611, eff. 12-1-06;
CR 09-009: r.
Register October 2009 No. 646, eff. 11-1-09.
ATCP 70.23
ATCP 70.23
Bottling 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 70.24
Automatic 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 
ATCP 70.24 History
History: Cr.
Register, October, 1989, No. 406, eff. 11-1-89.
ATCP 70.25
ATCP 70.25
Returnable 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 70.26
Product 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 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(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 70.261
Water 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(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 History
History: CR 09-009: cr.
Register October 2009 No. 646, eff. 11-1-09.
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.
ATCP 70.27
ATCP 70.27
Effect 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.
