Effect on Small Business
This rule change is expected to have a small economic impact on warehouse operators storing fish, fishery products, or molluscan shellfish, as some will have to devote time and resources to obtain HACCP training, conduct a hazard analysis, and, if indicated, develop and follow a HACCP plan. Some warehouse operators will have to obtain no-fee licensee dealer certification if they engage in specified activities with molluscan shellfish destined for interstate commerce. The exemption from obtaining a separate food processing plant license, in addition to a food warehouse license, for repacking of already-packaged foods, may reduce the economic burden on small businesses.
DATCP Contact
Peter Haase, Director
Bureau of Food Safety and Inspection
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
_____________________________________________________________________________
Section 1. ATCP 70.03 (7) (f) is created to read:
(f) A licensed food warehouse under s. 97.27, Stats., at which one or more of the following activities are the only food processing activities performed: 1.
Repacking molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required under ATCP 70.21 (2), that annual inventory value of molluscan shellfish repacked at the licensed warehouse does not exceed 25% of the gross annual inventory value of the food warehouse, and the licensed food warehouse meets all of the applicable requirements of ATCP 70.21. 2.
Packing food items that are already packaged and labeled for retail sale into containers for further distribution. 3.
Combining two or more food items that are already individually packaged and labeled for retail sale into a combination package for retail sale, if the label on each individual item inside the combination package remains visible or if the package of combined items is labeled for retail sale. All packaging and labels shall comply with ATCP 70.10. 4.
Manufacturing ice for use in the shipment of foods, or to cool or keep foods cold while in transit or stored in the warehouse. Ice used for this purpose must meet the standards in ATCP 70.07 (8). Ice must be made on site in a commercial ice machine and may not be bagged, distributed or sold separately from food items that it is used to cool. Section 2. ATCP 70.18 (2) is amended to read:
(2) Raw or pProcessed fish that is packaged in reduced-oxygen packaging, as defined in sub. ATCP 70.02 (22n), 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:
Section 3. ATCP 70.19 (1) (d) is amended to read:
(d) If hot-smoked fish contained in the package reduced-oxygen packaging as defined in sub. ATCP70.02 (22n) 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.
Section 4. ATCP 71.01 (2m) is created to read:
Section 5. ATCP 71.01 (6c), (6d), (6p) and (6t) are created to read:
(6c) “HACCP system” means the process of analyzing food manufacturing or storage for food safety hazards, and developing and implementing a written hazard analysis and critical control points plan in accordance with 21 CFR, part 123.6 – 123.9. (6d) “Licensee dealer” means the operator of a food processing plant or food warehouse licensed in Wisconsin for the activities of shellstock shipper, shucker-packer, repacker, or reshipper.
(6p) “Package” has the meaning given in ATCP 90.01(16).
ATCP 71.01 (6t) “Qualified facility” has the meaning given in 21 CFR 117.3. Section 6. ATCP 71.01 (6m) is renumbered as ATCP 71.01(6h).
Section 7. ATCP 71.025 is created to read:
71.025 Shellfish licensee dealer certification. No person may operate as a shellfish licensee dealer without a valid annual certificate issued by the department under ATCP 70.21. A certificate is issued annually by the department under ATCP 70.21 (3).
Section 8. ATCP 71.02 (11) is created to read:
(11) Federal requirements. (a) A food warehouse which is also a qualified facility shall comply with the requirements of this chapter and 21 CFR 117.5(a). (b) A food warehouse that is a facility, but is not a qualified facility, and only stores unexposed packaged potentially hazardous food shall comply with the requirements of this chapter, and 21 CFR 117.7 and 117.206. (c) A food warehouse that is a facility, but is not a qualified facility, and stores exposed food shall comply with the requirements of this chapter and 21 CFR 117, Subparts C and G. Section 9. ATCP 71.05 (7) (a) is amended to read:
(a) Potentially hazardous refrigerated food stored at a food warehouse shall at all times be kept refrigerated at a temperature of 40°F. (4°C.) or below, except:
1.
Eggs shall be kept refrigerated at an ambient temperature of 45°F. (7°C.) or below.2.
Dairy products as defined in s. 97.20 (1) (b) 1. through 5., Stats., shall be kept at 45 ° F. (7° C.) or below.3.
Fish and fishery products in reduced-oxygen packaging as defined in sub. ATCP 70.02 (22n) shall be kept at or below 38° F (3° C.), in accordance with s. ATCP 70.18 and s. 70.19. 4.
Molluscan shellfish shall be iced or refrigerated to the extent necessary to maintain internal shellstock temperature as required in s. ATCP 70.21, and5.
Potentially hazardous frozen food shall at all times be kept frozen at a temperature of 5°F. (-15°C.) or below.Section 10. ATCP 71.05 (8) is created to read:
(8) Fish or fishery products haccp system required. A licensed food warehouse that engages in the storage of fish as defined in 21 CFR 123 (d), fishery products as defined in 21 CFR 123.3 (e), or molluscan shellfish as defined in 21 CFR 123.3 (h) shall operate under a seafood HACCP system in accordance with the applicable requirements in Subch. IV, ATCP 70.
Section 11. Effective date and initial applicability. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22(2)(intro.).
