ATCP 70.10(2)(a)
(a) Except as provided in par.
(d), individuals engaged in food processing or handling may not contact ready-to-eat food with their bare hands but shall use suitable food handling aids such as deli-tissue, spatulas, tongs, single-use gloves, or dispensing equipment to avoid bare-hand contact.
ATCP 70.10(2)(b)1.
1. Made of impermeable materials, except where the use of such material is inappropriate or incompatible with the work being done.
ATCP 70.10(2)(c)
(c) Hands shall be washed prior to putting on gloves, and upon changing gloves if the person wearing the gloves will be performing a different function or if the gloves are being replaced because hands have become soiled or contaminated due to failure of glove integrity.
ATCP 70.10(2)(d)
(d) Individuals may contact ready-to-eat food with their bare hands if that contact is reasonably necessary, and does not contaminate food. The individuals shall be trained in, and shall follow, written policies and procedures to ensure safe use of bare hands. The policies and procedures shall identify all of the following:
ATCP 70.10(2)(d)1.
1. The individuals or positions authorized to contact ready-to-eat food with bare hands.
ATCP 70.10(2)(d)3.
3. The types of ready-to-eat food that may be contacted with bare hands.
ATCP 70.10(2)(d)4.
4. The procedures that authorized individuals are required to follow in order to prevent food contamination from bare-hand contact.
ATCP 70.10(2)(e)
(e) The operator shall provide prior training on procedures and policies that cover pars.
(a) to
(d) to all individuals who may contact ready-to-eat food with their bare hands. The operator shall have a written training plan that identifies all of the following:
ATCP 70.10(2)(e)1.
1. The individuals or positions responsible for implementing the training, maintaining training records, and ensuring compliance with training requirements.
ATCP 70.10(2)(e)2.
2. The content of the training, including the written procedures required under par.
(d).
ATCP 70.10(2)(e)3.
3. The form of initial training, and the form and frequency of follow-up training, if any.
ATCP 70.10(2)(e)4.
4. Monitoring and control procedures to ensure that individuals are trained before they contact ready-to-eat food with bare hands.
ATCP 70.10(2)(f)
(f) The operator shall review the training program under par.
(e) at least annually.
ATCP 70.10(2)(g)
(g) The operator shall maintain records to document compliance with this subsection. Records shall be retained for at least one year after they are made, and shall be available to the department for inspection and copying upon request.
ATCP 70.10(3)
(3)
Clothing and jewelry. Persons in food processing areas or handling unpackaged food shall wear clean, washable outer garments and effective hair restraints, including effective hair restraints for beards longer than 1/2
inch. Hair restraints may include hair nets, caps, and snoods, but do not include hairsprays, visors, or headbands. Persons working in food processing areas or handling unpackaged food shall remove all jewelry from their hands, fingers, and arms before having any direct manual contact with food or food contact surfaces. Jewelry shall not be worn in any part of the body in a manner which creates a risk of food contamination. This subsection does not apply to plain band wedding rings.
ATCP 70.10(4)
(4)
Employee health. No person who, by medical examination or supervisory observation, has or is reasonably suspected of having any of the following conditions may work in a food processing plant in any capacity that may result in the contamination of food, or in the contamination of equipment or utensils used to process or handle food:
ATCP 70.10(4)(c)
(c) A discharging or open wound, sore, or lesion on the hands, arms, or other exposed portions of the body.
ATCP 70.10(5)
(5)
Food contamination. No person who has received a reportable diagnosis of communicable disease, as defined in ch.
ATCP 75 Appendix, part 2-201.11 (A) (2), may work in a food processing plant in any capacity that may contaminate food products.
ATCP 70.10(6)
(6)
Consumption of food, beverages, and tobacco. No person may consume food, beverages, or tobacco in any food processing area, or in any area where food processing equipment or utensils are cleaned or stored. Employees may not consume food, beverages, or tobacco except in designated areas which are separated from food processing areas. This subsection does not prohibit a sanitary water fountain in a processing area, nor does it prohibit on-line quality control sampling in accordance with quality control procedures written and followed by the license holder.
ATCP 70.10 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (b), (2) (e) 3. made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.12(1)(1)
Construction and maintenance; general. Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that they can be easily cleaned. Equipment and utensils shall be kept clean and in good repair. This subsection does not apply to a maple sap concentration facility licensed as a food processing plant that is required to meet the provisions of s.
ATCP 87.26.
ATCP 70.12(2)
(2)
Food contact surfaces. Food contact surfaces of equipment and utensils shall be constructed of stainless steel or other materials which are smooth, impervious, nontoxic, noncorrosive, nonabsorbent, and durable under normal use conditions. Food contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks, or similar defects. Food contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Food contact surfaces, other than food contact surfaces of approved C-I-P systems, shall be readily accessible for manual cleaning. Joints and fittings shall be of sanitary design and construction.
ATCP 70.12 Note
Note: Hard maple or other material which is non-absorbent may be used for cutting blocks, boards, and bakers' tables. Sanitary wooden paddles in good condition may be used in confectionaries.
ATCP 70.12(3)
(3)
C-I-P systems. C-I-P systems shall be of sanitary design and construction, and shall be installed and maintained for sanitary operation. A C-I-P system shall be installed and maintained so that cleaning and sanitizing solutions can be circulated throughout all interior product contact surfaces of the system. C-I-P systems shall be equipped with adequate inspection ports or other access points. C-I-P systems shall be self-draining, or shall be capable of being easily and completely drained. A temperature recording device, which accurately records the return temperatures of cleaning and sanitizing solutions, shall be installed in all circuits through which cleaning and sanitizing solutions are circulated. Cleaning records shall be kept for at least 90 days after they are created.
ATCP 70.12(4)
(4)
Location and installation of equipment. Equipment that cannot be easily moved shall be installed in a manner preventing liquid or debris from accumulating under or around the equipment. Equipment shall be installed so there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container designed and installed to protrude into or through the wall or ceiling of a food processing plant. Air intake vents for food or ingredient storage containers shall be located in processing areas or shall be properly filtered.
ATCP 70.12(5)
(5)
Measuring devices and controls. Every freezer and cold storage compartment used to store or hold potentially hazardous food shall be equipped with a thermometer or other device accurately indicating the temperature in the compartment. Instruments and controls used for measuring, regulating, and recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate and adequate for their intended use.
ATCP 70.12(6)
(6)
Lubrication. Equipment shall be designed and constructed so gear and bearing lubricants do not come in contact with food or food contact surfaces. Only food grade lubricants may be used in equipment if incidental food contact may occur.
ATCP 70.12 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20. ATCP 70.14
ATCP 70.14
Cleaning and sanitizing equipment and utensils. ATCP 70.14(1)(b)
(b) Except as provided in pars.
(c),
(d) and
(e), clean all food contact surfaces of equipment and utensils after each day's use, and before any change in use that may cross-contaminate food with major food allergens or other contaminants. If wet cleaning occurs, surfaces must also be sanitized.
ATCP 70.14(1)(c)
(c) Clean and sanitize tanks, used to store potentially hazardous food or potentially hazardous food ingredients, at least once after the food processing plant operator empties those tanks.
ATCP 70.14(1)(d)
(d) Clean and sanitize all food contact surfaces of equipment used for the distillation of alcohol products, such as distilled spirits, after each distillation batch. This paragraph does not apply to equipment used to distill smoke for the manufacture of liquid smoke products.
ATCP 70.14(1)(e)
(e) Request alternative cleaning and sanitizing procedures for department approval, under ss.
ATCP 70.16 and
70.18, as provided in those sections.
ATCP 70.14(2)
(2)
Cleaning and sanitizing c-i-p systems. C-I-P systems shall be cleaned and sanitized in compliance with manufacturer specifications. Cleaning and sanitizing records shall be maintained for all C-I-P systems. The records shall identify every C-I-P system which has been cleaned or sanitized, the date and time when each C-I-P system was cleaned and sanitized, the temperature of the cleaning and sanitizing solutions, and the length of time for which the C-I-P system was exposed to each cleaning and sanitizing solution. Records shall be signed or initialed by a responsible person, maintained on file for at least 90 days, and made available for inspection and copying by the department upon request.
ATCP 70.14(3)
(3)
Cleaning compounds, detergents, and sanitizers: storage and labeling. Cleaning compounds, detergents, and sanitizers shall be clearly labeled. When they are not being used, they shall be stored in designated areas and in an appropriate manner so that they do not contaminate food products, ingredients, equipment, or utensils.
ATCP 70.14(4)
(4)
Storage of clean equipment and utensils. Equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so as to drain dry. Equipment and utensils shall be protected from contamination prior to use.
ATCP 70.14(5)
(5)
Single-service articles. Single-service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination prior to use. Single-service articles shall not be re-used.
ATCP 70.14(6)
(6) E
quipment and utensils in egg handling facilities. Equipment for candling, grading, and weighing eggs shall meet the requirements of s.
ATCP 88.12 (5).
ATCP 70.14(7)
(7)
Equipment and utensils in maple sap concentration facilities. The equipment and utensils in a facility used solely for the concentration of maple sap shall conform to the applicable regulations in s.
ATCP 87.26.
ATCP 70.14 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (b) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.16
ATCP 70.16
Cleaning and sanitizing equipment and utensils; exemptions. ATCP 70.16(1)(1)
Approval required for an alternative cleaning and sanitizing frequency.
ATCP 70.16(1)(ag)(ag) Except as provided in sub.
(2) or s.
ATCP 70.40, if an operator seeks to clean and sanitize equipment and utensils at a frequency other than that required in s.
ATCP 70.14 (1), because the equipment and utensils are used with food products, processes, or conditions reducing the risk of foodborne illness or presence of major food allergens, then the operator shall submit to the department, for written approval, an alternate cleaning and sanitizing procedure that includes a monitoring and recording requirement in compliance with s.
ATCP 70.18.
ATCP 70.16(1)(ar)
(ar) Factors reducing the risk of foodborne illness may include competitive microorganisms, intended use or targeted consumer demographic, inhibitory compounds, temperatures, and any other factors that reduce the risk of pathogenic organism growth or toxin formation.
ATCP 70.16(1)(b)
(b) After review by the department, the proposed process may be denied and the department shall issue a letter of denial. If the alternate cleaning and sanitizing procedure is approved, the department shall issue a letter of approval, applicable for not more than 5 years, which shall be maintained on file at the food processing plant.
ATCP 70.16(1)(c)
(c) If a change is planned for the product or any process that affects the critical factors ensuring the safety of that product, the operator shall inform the department in writing prior to making a change.
ATCP 70.16(2)
(2)
No approval required for an alternative cleaning and sanitizing frequency. An operator is not required to obtain written department approval for use of an alternative equipment and utensil cleaning and sanitizing frequency for the following equipment, provided that the operator cleans and sanitizes the equipment according to manufacturer specifications or according to a validated cleaning process filed with the department:
ATCP 70.16(2)(d)
(d) Equipment used in brining, aging, curing, and dry product blending processes.
ATCP 70.16(2)(e)
(e) Food contact surfaces of equipment used solely to process foods or food ingredients with low water activity (
≤ 0.85), or foods which are considered non-Potentially Hazardous Food (non-PHF/non-TCS) foods based on (2) (b) Table A or Table B for Potentially Hazardous Food (time/temperature control for safety food) in par. 1-201.10 (B) of ch.
ATCP 75 Appendix, such as chocolate, fats and oils, liquid nutritive sweeteners, peanut butter, or similar foods.
ATCP 70.16(2)(g)
(g) Food contact surfaces of equipment used for brewing or fermentation of alcohol-containing beverages, such as beer brewing or wine fermentation, so long as the operator cleans and sanitizes equipment used following each brewing or fermentation batch.
ATCP 70.16(2)(h)
(h) Surfaces of aseptic processing equipment that contact food after the food has been sterilized, as long as system sterility is maintained. If system sterility is lost, an operator shall clean, sanitize and re-sterilize equipment.
ATCP 70.16(2)(i)
(i) Equipment used for food fermentations such as the manufacture of sauerkraut or cucumber pickles, development of one or more pure bacterial cultures, or development of starter cultures, so long as the operator cleans and sanitizes all equipment following each fermentation batch.
ATCP 70.16(2)(j)
(j) Equipment used for processing of products with a natural pH
≤ 4.0, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 30 days (720 hours).
ATCP 70.16(2)(k)
(k) Equipment used for maple syrup processing, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 40 days (960 hours).
ATCP 70.16(2)(L)
(L) Equipment used for bottled water processing, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 30 days (720 hours).
ATCP 70.16 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; (1) (intro.), (a) renum. to (1) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., Register January 2020 No. 769. ATCP 70.18
ATCP 70.18
Obtaining approval of alternative cleaning and sanitizing frequency. ATCP 70.18(1)(1)
Submission of request for approval of alternative cleaning and sanitizing frequency. ATCP 70.18(1)(am)(am) An operator may submit a written request for the department to approve alternative cleaning and sanitizing procedures. The request shall include all of the following, and any other information required by the department:
ATCP 70.18(1)(am)1.
1. A clear and complete description of the affected food processing equipment and utensils, including any continuously-operated equipment. The description shall identify sanitary design features relevant to the proposed cleaning and sanitizing procedures.
ATCP 70.18(1)(am)2.
2. The types of food produced with the affected equipment or utensils, the purposes for which the food will be used, and the temperatures at which the food will be prepared, stored, and distributed.
ATCP 70.18(1)(am)3.
3. A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.
ATCP 70.18(1)(am)4.
4. A written statement, by the operator, that the alternative cleaning and sanitizing procedure has been determined by competent authority, such as evaluated by a process authority or validated by a published or unpublished peer-reviewed article, challenge studies, or regulatory standards, to be effective in preventing food contamination and ensuring the microbiological safety of food.
ATCP 70.18(1)(am)5.
5. A written plan, used to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing food contamination and ensuring the microbiological safety of food, that identifies and assess foreseeable hazards, identifies critical control points, identifies critical safety parameters and limits, and identifies monitoring procedures and controls to ensure that the procedure is effective and appropriately implemented.
ATCP 70.18(1)(bm)
(bm) The department may approve a proposal for an alternative cleaning and sanitizing procedure that does not comply with par.
(am) if the operator can show that the procedure will be effective in preventing food contamination and ensuring the safety of food. The department shall give its approval in writing.
ATCP 70.18(2)
(2)
Department decision on request for approval of alternative cleaning and sanitizing frequency.
The department shall grant or deny a request under sub.
(1) or
(4) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.
ATCP 70.18(3)
(3)
Qualifications, limits, and withdrawal of department approval. The department may qualify or limit its approval under sub.
(2), as it deems appropriate. The department may withdraw its approval for cause, including obtaining information that casts doubt on the efficacy or consistent implementation of the approved procedure or observing changes in operations that could affect the validity of the procedures or process.
ATCP 70.18(4)
(4)
Expiration of department approval of alternative cleaning and sanitizing frequency. ATCP 70.18(4)(a)
(a) All approvals granted under this section shall expire 5 years from the date of issuance.
ATCP 70.18(4)(b)
(b) A license holder who wishes to continue to use an alternative cleaning and sanitizing frequency after the expiration of the approval shall file a request with the department for reissuance of the approval at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.
ATCP 70.18(4)(c)
(c) When a license holder has made timely and sufficient application for the reissuance of an approval of alternative cleaning and sanitizing frequency, or for the approval of a new request with reference to any activity of a continuing nature, the existing approval does not expire until the application has been finally acted upon by the department, or, if the application is denied or the terms of the new request are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court.
ATCP 70.18(4)(d)
(d) Approval shall be reissued by the department if the proposal continues to meet the criteria in sub.
(1) or if the food processing plant operator updates the original proposal to ensure compliance with the criteria in sub.
(1).
ATCP 70.18(5)
(5)
Operation of an alternative cleaning and sanitizing frequency. An operator that implements an alternative cleaning and sanitizing procedure approved under sub.
(2) shall do all of the following:
ATCP 70.18(5)(a)
(a) Control and monitor the procedure to ensure that it is strictly implemented as approved, and is effective in preventing food contamination and ensuring the microbiological safety of food.
