Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on proposed changes to rules relating to Food Processing Plants in Chapter
ATCP 70, Wis. Adm. Code.
Hearing Information
DATCP will hold the public hearings at the times and locations shown below.
March 3, 2009
1:00 PM to 4:00 PM
Meeting Room
Eau Claire Office, Division of Food Safety
3610 Oakwood Hills Parkway
Eau Claire, WI
March 12, 2009
9:30 AM to 12:00 PM
Room C (Downstairs)
Appleton Public Library
225 N. Oneida Street
Appleton, WI
March 13, 2009
9:00 AM to 12:00 PM
Board Room, 1st Floor
WI Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 20, 2009, by writing to Arthur Ness, DATCP Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, or e-mailing to
Arthur.Ness@wi.gov. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submission of Written Comments
DATCP invites the public to attend the hearings and comment on the rules. Following the hearings, the hearing record will remain open through Monday, March 30, 2009 for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to
arthur.ness@wisconsin.gov, or online at
https://apps4.dhfs. state.wi.us/admrules/public/Home.
Copies of Proposed Rule
You may obtain a free copy of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-4700 or emailing
Arthur.ness@wi.gov. Copies will also be available at the hearing. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The department of agriculture, trade and consumer protection (DATCP) currently licenses and regulates food processing plants to protect public health and safety. This rule updates current DATCP rules and harmonizes them with current federal rules.
Statutes interpreted
Statutory authority
Explanation of statutory authority
DATCP has general authority under s.
93.07 (1), Stats., to adopt rules interpreting statutes under its jurisdiction. DATCP is specifically authorized under ss.
97.09,
97.29 (5) and
97.34 (2) (a) and
(c), Stats., to adopt rules to regulate food processing, labeling and distribution.
Related rules or statutes
This rule incorporates, by reference, parts or all of the following rules:
•
DATCP rules related to retail food establishments (ATCP 75) and fair packaging and labeling (ATCP 90).
•
Department of natural resources (DNR) rules related to safe drinking water (NR 809), community water systems (NR 811) and well construction (NR 812).
•
Federal rules adopted by the United States food and drug administration (FDA). These include
21 CFR 101 (food labeling),
21 CFR 113 (low-acid food packaged in hermetically sealed containers),
21 CFR 120 (juice processing),
21 CFR 123 (fish processing),
21 CFR 129 (bottled water), and
21 CFR 165.110 (bottled water labeling).
Rule contents
This rule does all of the following:
•
Definitions. This rule harmonizes current definitions with federal rules, as well as with Wisconsin retail food rules under ch.
ATCP 75. For example, this rule creates or modifies definitions of “juice," “major food allergen," “potentially hazardous food," “ready-to-eat food," “reduced oxygen packaging" and “safe temperatures" to be consistent with other state and federal rules.
•
Handwashing facilities. This rule updates current standards related to handwashing facilities serving toilet rooms and food processing areas. New requirements apply only to facilities installed after the effective date of this rule, to food processing plants initially licensed after the effective date of this rule, or to food processing plants licensed to a new operator after the effective date of this rule.
•
Hand contact with ready-to-eat food. This rule prohibits bare hand contact with ready-to-eat food, unless bare hand contact is reasonably necessary and does not contaminate food. If a food processing plant operator allows bare-hand contact with ready-to-eat food, the operator must do all of the following (requirements are consistent with current rules for retail food establishments):
□ Establish written policies and procedures related to bare-hand contact. These must identify authorized employees and tasks, affected foods, and the procedures that employees must follow to prevent food contamination from bare-hand contact.
□ Provide advance training to employees who may have bare hand contact with ready-to-eat food. A written training plan must identify responsible training providers, training contents (including operator policies and procedures related to bare-hand contact), the form of initial training, the form and frequency of follow-up training, and measures to ensure that effective training is provided as planned.
□ Keep records to document compliance with bare-hand food handling policies, procedures and training requirements.
•
Cleaning and sanitizing procedures. This rule updates and clarifies current requirements for cleaning and sanitizing food processing equipment and utensils, and creates procedures by which DATCP may authorize alternative procedures and sanitizing materials.
•
Reclaimed water. This rule updates and clarifies current standards related to use of reclaimed water in food processing plants.
•
Re-circulated water systems. This rule regulates the use of re-circulated water in coolers and heat exchangers (if there is any possibility that the re-circulated water may come in contact with any food product or food contact surface).
•
Water and potable liquids transported in bulk. This rule regulates the transportation and handling of water and other potable liquids transported to or from a food processing plant. Transported water must be obtained from a potable source that complies with DNR rules. Bulk tankers must be constructed, maintained, cleaned and sanitized for sanitary operation, and bulk liquids must be loaded and unloaded in a sanitary manner.
•
Labeling packaged food. This rule incorporates, by reference, current federal and state food packaging and labeling requirements. Among other things, this rule incorporates current federal rules related to disclosure of major food allergens.
•
Recall plan. Consistent with current federal rules, this rule requires a food processing plant operator to have a written plan for identifying and recalling food produced at the plant, should a food recall become necessary. This rule does not dictate the contents of the plan, but it does provide content suggestions in an accompanying note.
•
Low-acid food packaged in hermetically sealed containers. This rule clarifies that low-acid food packaged in hermetically sealed containers (including aseptically processed food as well as thermally processed food) must be processed according to federal rules under
21 CFR 113.
•
Fish processing; general. This rule repeals and recreates current rules related to fish processing, in order to make the rules consistent with federal rules under
21 CFR 123.
□ Under federal rules and this rule, fish processors must have a HACCP plan to identify and control food safety hazards associated with fish processing. Plans must meet federal standards.
□ This rule repeals current required procedures related to smoked-fish processing, in favor of the more flexible HACCP plan approach. However, this rule encourages smoked fish processors to incorporate and adapt the repealed procedures, as appropriate, in their HACCP plans (this rule includes the repealed procedures in an appendix, which processors may consult for guidance).
□ This rule updates and clarifies current rules related to the labeling and sale of smoked fish. Among other things, this rule repeals the current 21-day shelf-life limit on sales of smoked fish (this rule requires a stated shelf-life expiration date for smoke fish, but the shelf-life will be based on the HACCP plan per federal rules).
□ This rule updates and clarifies current rules related to processing, labeling and sale of fish eggs (roe). This rule applies to all fish roe, not just “caviar." This rule clarifies current labeling requirements related to processed fish roe. A fish roe product, other than a sturgeon roe product, may not be labeled as “caviar" unless the name of the fish species is also disclosed (e.g., “whitefish caviar").
