Chapter ATCP 70

ATCP 70.06(8)(c) (c) The holder of a temporary license acquires no license rights beyond those conferred by the temporary license. A temporary license may not be issued in response to a renewal application by the holder of an existing license.

ATCP 70.06(9) (9) Pre-license inspection. The department may inspect a food processing plant, as the department deems necessary, before issuing a license to operate the food processing plant. The department may not issue a license or temporary license to operate a new food processing plant until the department inspects the new food processing plant for compliance with this chapter. A previously licensed food processing plant may not be considered a new food processing plant under this subsection solely because of a change of ownership.

ATCP 70.06(10) (10) Denial, suspension, or revocation of license; conditional license. The department may deny, suspend, or revoke a license, or impose conditions on a license as provided under s. 93.06 (7) and (8), Stats. Except as otherwise provided by statute or rule, the suspension or revocation of a license shall comply with the prior notice requirements of s. 227.51, Stats.

ATCP 70.06(11) (11) License exemptions. A license to operate a food processing plant is not required under s. 97.29, Stats., or this section for:

ATCP 70.06(11)(a) (a) An operator of a retail food establishment engaged in food processing if all of the following apply:

ATCP 70.06(11)(a)1. 1. The operator is licensed by the department under s. 97.30, Stats., or by an agent, as defined in s. ATCP 74.01 (1) under ss. 97.30 and 97.41, Stats.

ATCP 70.06(11)(a)2. 2. Wholesale receipts from food processing operations at the retail food establishment comprise no more than 25% of gross annual food sales from the retail food establishment. If the operator of a licensed retail food establishment is also licensed to operate a dairy plant under s. 97.20, Stats., or to operate a meat establishment under s. 97.42, Stats., sales of dairy or meat and poultry products processed at the establishment shall be excluded from the calculation of food sales receipts under this subdivision.

ATCP 70.06(11)(a)3. 3. The operator is not engaged in canning of food products at the retail food establishment.

ATCP 70.06(11)(a)4. 4. The operator may move food between retail food establishments licensed to the same operator.

ATCP 70.06(11)(b) (b) A license holder under s. 97.605, Stats., operating a retail food establishment serving meals, if all of the following apply:

ATCP 70.06(11)(b)1. 1. The operator does not process food for wholesale distribution in excess of 25% of total food sales and is not engaged in canning of food products. The operator may brew fermented malt beverages at the retail food establishment serving meals under the provisions in s. 125.295, Stats.

ATCP 70.06(11)(b)2. 2. The operator of the retail food establishment is licensed and exempt from licensing as a food processing plant under par. (a).

ATCP 70.06(11)(c) (c) Food processing operations conducted at a dairy plant licensed under s. 97.20, Stats., if both of the following apply:

ATCP 70.06(11)(c)1. 1. Receipts from non-dairy food processing operations at that location comprise no more than 25% of gross annual dairy and non-dairy food sales from that location.

ATCP 70.06(11)(c)2. 2. The operator of the dairy plant is not engaged in canning foods other than dairy products, or the processing of fish.

ATCP 70.06(11)(d) (d) Food processing operations conducted at a meat establishment, by the operator of the meat establishment, if all of the following apply:

ATCP 70.06(11)(d)1. 1. The operator of the meat establishment is licensed under s. 97.42, Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.

ATCP 70.06(11)(d)2. 2. The operator is also licensed at the meat establishment to operate a retail food establishment under s. 97.30, Stats., and not engaged in the canning of food products other than meat or poultry products canned under s. 97.42, Stats., or the production of cold-smoked fish or fishery products.

ATCP 70.06(11)(e) (e) The processing of maple sap to produce maple syrup or concentrated maple sap if all of the following apply:

ATCP 70.06(11)(e)1. 1. The processor sells the maple syrup or concentrated maple sap only to other processors for further processing.

ATCP 70.06(11)(e)2. 2. The processor’s combined gross receipts from all sales under subd. 1. during the license year total less than $5,000.

ATCP 70.06(11)(e)3. 3. The processor keeps a written record of every sale under subd. 1., retains that record for at least 2 years, and makes the record available for inspection and copying by the department upon request. The record shall include the name and address of the purchasing processor, the date of sale, the amount of maple syrup or concentrated maple sap sold, and the sale price.

ATCP 70.06(11)(e)4. 4. The processor registers with the department before engaging in any processing activities under this paragraph in any license year ending March 31. A registration expires at the end of the license year. A processor shall register in writing on a form provided by the department, or shall register online at http://datcp.wi.gov. The registration shall include information reasonably required by the department, including the registrant’s name and address and information related to the nature, location, and scope of the registrant’s processing activities and product sales. There is no fee to register, and the registrant is not required to hold a registration certificate from the department.

ATCP 70.06 Note Note: A registration form under subd. 4. may be obtained by contacting the department at the following address:

ATCP 70.06 Note Department of Agriculture, Trade and Consumer Protection

ATCP 70.06 Note Division of Food and Recreational Safety

ATCP 70.06 Note P.O. Box 8911

ATCP 70.06 Note Madison, WI 53708

ATCP 70.06(11)(f) (f) The operator of 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:

ATCP 70.06(11)(f)1. 1. Reshipping marine molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required by the U.S. food and drug administration’s Guide for the Control of Molluscan Shellfish, The Model Ordinance, that annual inventory value of molluscan shellfish reshipped 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 subch. IV of ch. ATCP 70.

ATCP 70.06(11)(f)2. 2. Packing food items that are already packaged and labeled for retail sale into containers for further distribution.

ATCP 70.06(11)(f)3. 3. Combining 2 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 s. ATCP 70.26.

ATCP 70.06(11)(f)4. 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 s. ATCP 70.20 (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.

ATCP 70.06 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; corrections in (11) (a) 1. made under ss. 13.92 (4) (b) 7. and 35.17, Stats., and corrections in (11) (b) 1., (f) 1. made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.08 ATCP 70.08 Construction and maintenance.

ATCP 70.08(1) (1) Construction and maintenance; general. Food processing plants shall be soundly constructed and maintained in order to prevent adulteration as defined in s. 97.02, Stats. The license holder shall maintain in a clean and sanitary condition all buildings, facilities, and equipment used in food processing operations. The interior and exterior portions of a food processing plant, and the premises on which the food processing plant is located, shall be maintained in a sanitary condition in compliance with this chapter.

ATCP 70.08(2) (2) Floors, walls, ceilings, and service sinks.

ATCP 70.08(2)(a) (a) Walls and ceilings in processing areas shall be light colored.

ATCP 70.08(2)(b) (b) Floors, walls, and ceilings in processing areas, toilet rooms, and areas used for the cleaning or storage of equipment or utensils shall be constructed of smooth, impervious, and easily cleanable materials. This does not prohibit the use of easily cleanable anti-slip floors.

ATCP 70.08(2)(c) (c) All floors, walls, and ceilings shall be kept clean and in good repair.

ATCP 70.08(2)(d) (d) A food processing plant constructed or altered in a manner that changes the dimensions of a processing area after June 30, 1989, or a food processing plant that is initially licensed or is licensed to a new operator after June 30, 1989, shall conform to the following requirements:

ATCP 70.08(2)(d)1. 1. The junctions of walls and floors in processing areas shall be coved, or otherwise constructed so that each junction does not form a right angle, to facilitate cleaning.

ATCP 70.08(2)(d)2. 2. Floors that are water flushed for cleaning, or on which water or fluid wastes are discharged, shall have an adequate number of floor drains and be adequately sloped to ensure proper drainage to the floor drains.

ATCP 70.08(2)(d)3. 3. An adequate number of service sinks or curbed floor drains shall be provided for use in the cleaning of mops or wet floor cleaning tools, and for the disposal of mop water or similar liquids.

ATCP 70.08(3) (3) Processing area separated.

ATCP 70.08(3)(a) (a) Within a food processing plant, food processing areas shall be separated by partition or be located at an adequate distance from other operations which may contaminate unpackaged food, so that contamination is effectively precluded. No processing may be conducted in a room used as living or sleeping quarters. If a food processing area shares one or more walls with adjacent living or sleeping quarters, processing operations shall be separated from the adjacent living or sleeping quarters by a tight-fitting, self-closing door.

ATCP 70.08(3)(b) (b) If an operator of a retail establishment serving meals also engages in food processing, under the exemption in s. ATCP 70.06 (11) (a) or (b), that processing shall only be done in specifically designated areas and not in areas accessible to the public such as the retail area of a grocery store or the dining room of a restaurant.

ATCP 70.08(4) (4) Doors and windows. Doors, windows, skylights, transoms, and other openings to the outside shall be tight-fitting, and effectively screened or protected against the entry of rodents, insects, birds, and other animals. Exit doors, other than overhead doors in delivery areas, shall open outward and shall be self-closing. External doors shall be kept closed when not in use.

ATCP 70.08(5) (5) Lighting.

ATCP 70.08(5)(a) (a) Lighting in every area of a food processing plant, whether natural or artificial, shall be sufficient for the purpose for which the area is used. Artificial lights in processing areas shall be equipped with protective shields or shatter resistant bulbs.

ATCP 70.08(5)(b) (b) There shall be not less than 20 foot candles (215 lux) of illumination on all processing surfaces. On surfaces used to inspect washed returnable food packages prior to repackaging, there shall be not less than 100 foot candles (1075 lux) of illumination.

ATCP 70.08(5)(c) (c) Except as provided in par. (b), the interior of a food processing plant shall be illuminated to the following levels measured 3 feet above the floor:

ATCP 70.08(5)(c)1. 1. Not less than 20 foot candles (215 lux) in processing areas, equipment and utensil cleaning areas, handwashing areas, and toilet areas.

ATCP 70.08(5)(c)2. 2. Not less than 10 foot candles (108 lux) in food storage areas.

ATCP 70.08(6) (6) Ventilation. There shall be adequate ventilation in all areas where food is processed, handled, or stored; in all areas where equipment or utensils are cleaned or sanitized; and in all dressing rooms, locker rooms, toilet rooms, employee break rooms, and garbage or rubbish storage areas. Ventilation shall be adequate to remove excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be positioned so that exhaust air is not vented onto exposed food, or onto clean food packages, equipment, or utensils. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement. Intake filters shall be capable of removing at least 85% of particulate matter that is 5 microns or larger in size, or greater than 6 MERV (maximum efficiency reporting value) rating. Exhaust fans, intake fans, ventilation ducts, and filters shall be kept clean and in good repair, and shall be screened or louvered to prevent contamination of food by dust, dirt, insects, or other contaminants. Systems used to ventilate any area of a food processing plant where exposed potentially hazardous food is handled shall be capable of maintaining positive pressures in that area.

ATCP 70.08(7) (7) Toilet facilities.

ATCP 70.08(7)(a) (a) The operator shall provide sanitary toilets in sufficient number to accommodate employees, in accordance with applicable state and local regulations.

ATCP 70.08(7)(b) (b) The sanitary toilets shall be in toilet rooms that are completely enclosed, well-lighted, and equipped with tightfitting self-closing doors. Toilet rooms constructed, substantially reconstructed, or extensively altered after June 30, 1989, or, if they are located in a food processing plant that is initially licensed or licensed to a new operator after June 30, 1989, shall be separately vented to the outside, shall be equipped with an exhaust fan capable of creating a negative pressure within the toilet room, and may not open directly into a food processing area.

ATCP 70.08(7)(c) (c) The sanitary toilets, toilet rooms, and fixtures shall be easily cleanable, and shall be kept clean and in good repair.

ATCP 70.08(7)(d) (d) When a toilet room is available for use by employees, it shall be equipped with an easily cleanable covered trash receptacle and an adequate supply of toilet tissue.

ATCP 70.08(7)(e) (e)

ATCP 70.08(7)(e)1g. 1g. Toilet rooms serving a food processing plant shall be contiguous to the food processing plant if they are installed after February 1, 2020, or if the food processing plant is initially licensed or is licensed to a new operator after February 1, 2020.

ATCP 70.08(7)(e)1r. 1r. Toilet rooms serving a food processing plant may be noncontiguous to the food processing plant if they were installed before February 1, 2020, and if the food processing plant is initially licensed or is licensed to a new operator before February 1, 2020.

ATCP 70.08(7)(e)2. 2. Noncontiguous toilet rooms shall be conveniently adjacent and accessible to the food processing plant, and meet all applicable state and local regulations.

ATCP 70.08(7)(f) (f) Handwashing facilities shall be located in or adjacent to every toilet room. Handwashing facilities serving toilet rooms shall include hot and cold running water, soap in a soap dispenser, and a sanitary single-service means of drying the hands. A sign directing employees to wash their hands shall be prominently posted in every toilet room used by employees. Handwashing facilities serving a toilet room shall comply with all of the following requirements if they are installed, substantially reconstructed, or extensively altered after November 1, 2009, or if they are located in a food processing plant that is initially licensed or licensed to a new operator after November 1, 2009:

ATCP 70.08(7)(f)1. 1. Handwashing facilities shall be served by hot and cold running water provided through a mixing valve or combination faucet, or by potable tempered water.

ATCP 70.08(7)(f)2. 2. Faucets shall be of a type that is not hand-operated. If a self-closing, slow-closing, or metering faucet is used, that faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

ATCP 70.08(8) (8) Locker and linen facilities. The operator shall provide lockers or comparable facilities for employees to store clothing and other personal items. The locker facility shall not be in food processing or food storage areas, or in areas where food, packages, equipment, or utensils are cleaned or stored. Protective clothing worn during processing shall be stored in an orderly and sanitary manner. Soiled linen and clothing shall be kept in non-absorbent containers or laundry bags until removed for laundering. Soiled linen and clothing shall be removed as often as necessary to prevent unsanitary conditions.

ATCP 70.08(9) (9) Handwashing facilities for processing areas.

ATCP 70.08(9)(a) (a) The operator shall provide handwashing sinks, with available hot and cold running water, for use by all persons working in food processing areas. The sinks shall be conveniently located for use, and shall be kept in a clean and sanitary condition. A supply of soap or detergent, and sanitary single-service means for drying hands shall be kept available at the sink. If disposable towels are used, a clean, covered waste receptacle with other than hand operation for the lid shall be provided for their disposal.

ATCP 70.08(9)(b) (b) A handwashing sink serving a food processing area shall comply with all of the following requirements if it is installed, substantially reconstructed, or extensively altered after November 1, 2009, or if it is located in a food processing plant that is initially licensed or licensed to a new operator after November 1, 2009:

ATCP 70.08(9)(b)1. 1. It shall be located in the processing area.

ATCP 70.08(9)(b)2. 2. It shall be served by hot and cold running water provided under pressure, through a mixing valve or combination faucet, or by potable and tempered water.

ATCP 70.08(9)(b)3. 3. It shall not be hand operated.

ATCP 70.08(9)(c) (c) An automatic handwashing device may be substituted for a handwashing sink if the automatic handwashing device operates in a safe and effective manner.

ATCP 70.08(9)(d) (d) No handwashing sink may be used to clean, sanitize, or store equipment or utensils.

ATCP 70.08(10) (10) Cleaning facilities.

ATCP 70.08(10)(a) (a) If equipment, utensils, or food packages are cleaned or sanitized manually, the food processing plant shall be equipped with wash and rinse sinks which are suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number. Each sink shall be constructed of stainless steel or other approved materials. Each sink shall have at least 2 compartments. A sink installed after June 30, 1989, or a sink in a food processing plant that is initially licensed or is licensed to a new operator after June 30, 1989, shall have at least 3 compartments for washing, rinsing, and sanitizing equipment and utensils.

ATCP 70.08(10)(b) (b) Each compartment in a manual warewashing sink shall be large enough to accommodate the immersion of at least 50% of the largest item to be cleaned or sanitized in the sink. Every sink compartment shall be served by hot and cold running water, and shall be cleaned prior to each use.

ATCP 70.08(10)(c) (c) Drain boards shall be provided in connection with every warewashing sink. Drain boards shall be large enough to accommodate soiled equipment and utensils prior to washing, and clean equipment and utensils after they are sanitized. Drain boards shall be located and constructed so they do not interfere with washing and sanitizing operations. This paragraph does not prohibit the use of easily movable dish tables as drain boards if the dish tables comply with this paragraph.

ATCP 70.08(10)(d) (d) Brushes and cleaning tools shall be kept clean and in good repair. Wiping cloths used to clean equipment and utensils shall be cleaned and sanitized daily and stored in an approved sanitizing solution between uses. Sanitizing solutions for wiping cloths shall be changed at least daily. Wiping cloths used to clean food contact surfaces of equipment and utensils shall not be used for any other purpose. Single service disposable towels may be used in place of reusable cloths if they are discarded after each use.

ATCP 70.08(10)(e) (e) If a mechanical system is used to clean or sanitize equipment, utensils, or food containers, the mechanical system shall be designed, installed, and maintained so that it is fully effective for the purpose used.

ATCP 70.08(11) (11) Exterior premises. The premises surrounding a food processing plant shall be well drained and shall be kept in a clean and orderly condition. The premises shall be kept free of accumulations of garbage and refuse, and other potential health nuisances. Driveways and parking lots shall be surfaced or maintained to minimize airborne dust and dirt.

ATCP 70.08(12) (12) Plumbing system and sewage disposal. Sewage and waste materials from a food processing plant shall be removed in a sanitary manner, in compliance with applicable state and local regulations. All plumbing, plumbing fixtures, and equipment shall be designed, installed, and maintained to prevent backflow, back siphonage, and cross-connections.

ATCP 70.08 Note Note: Plumbing and plumbing fixtures are subject to the requirements of chs. SPS 381 to 387, enforced by the department of safety and professional services.

ATCP 70.08(13) (13) Garbage and refuse disposal. Garbage and refuse shall not be allowed to accumulate in or around a food processing plant. Garbage and refuse shall be removed as often as necessary to maintain the premises in a clean and sanitary condition. Garbage storage areas shall be constructed and maintained so that they do not attract or harbor insects, rodents, or other animals. Garbage and refuse shall be held in durable, leak-proof, easily cleanable, and pest-resistant containers. Containers shall be kept covered with tight-fitting lids, and shall be cleaned when necessary to prevent insanitary conditions. Garbage and refuse shall not be burned on the premises, except in compliance with state and local laws. Garbage and refuse shall not be burned on the premises if burning may contaminate food.

ATCP 70.08(14) (14) Control of pests. The operator shall take effective measures, as necessary, to control insects, rodents, and other pests in a food processing plant. Pesticides and other hazardous substances shall not be stored or used in a manner which may contaminate food, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner.

ATCP 70.08 Note Note: Pesticide storage and use must comply with ss. 94.67 to 94.71, Stats., and ch. ATCP 29. Pesticides must be registered for use by the U.S. environmental protection agency or by the department.

ATCP 70.08(15) (15) Construction; plan review. Before a food processing plant is constructed, substantially reconstructed, or extensively altered, the operator shall notify the department in writing. Plans and specifications for the construction, reconstruction, or alteration may be submitted to the department for review before the work is begun. Plans and specifications shall be available for review by the department upon request.