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.
If an operator of a retail establishment serving meals also engages in food processing, under the exemption in s. ATCP 70.06 (11) (a)
, 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.
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.
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.
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.
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:
Not less than 20 foot candles (215 lux) in processing areas, equipment and utensil cleaning areas, handwashing areas, and toilet areas.
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.
The operator shall provide sanitary toilets in sufficient number to accommodate employees, in accordance with applicable state and local regulations.
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.
The sanitary toilets, toilet rooms, and fixtures shall be easily cleanable, and shall be kept clean and in good repair.
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.
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.
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.
Noncontiguous toilet rooms shall be conveniently adjacent and accessible to the food processing plant, and meet all applicable state and local regulations.
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:
Handwashing facilities shall be served by hot and cold running water provided through a mixing valve or combination faucet, or by potable tempered water.
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.
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.
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.
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:
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.
An automatic handwashing device may be substituted for a handwashing sink if the automatic handwashing device operates in a safe and effective manner.
No handwashing sink may be used to clean, sanitize, or store equipment or utensils.
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.
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.
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.
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.
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.
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.
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
Plumbing and plumbing fixtures are subject to the requirements of chs. SPS 381
, enforced by the department of safety and professional services.
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.
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
Pesticide storage and use must comply with ss. 94.67
, Stats., and ch. ATCP 29
. Pesticides must be registered for use by the U.S. environmental protection agency or by the department.
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.
Maple sap concentration facilities.
A facility licensed as a food processing plant and used solely for the concentration of maple sap, shall meet the requirements of s. ATCP 87.14
ATCP 70.08 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (6), (7) (b), (10) (d) made under s. 35.17, Stats., and (7) (e) (intro.) and 1. renum. to (7) (e) 1g. and 1r. under s. 13.92 (4) (b) 1., Stats., Register January 2020 No. 769. ATCP 70.10(1)(a)(a)
Persons engaged in food processing shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in food processing shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities which may contaminate the hands. Persons engaged in food processing shall keep their fingernails clean and neatly trimmed, and shall not wear fingernail polish unless they wear sanitary gloves at all times when handling food.
does not apply to an operator of a maple sap concentration facility licensed to operate a food processing plant that is required to meet the provisions of s. ATCP 87.28
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.
Made of impermeable materials, except where the use of such material is inappropriate or incompatible with the work being done.
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.
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:
The individuals or positions authorized to contact ready-to-eat food with bare hands.
The types of ready-to-eat food that may be contacted with bare hands.
The procedures that authorized individuals are required to follow in order to prevent food contamination from bare-hand contact.
The operator shall provide prior training on procedures and policies that cover pars. (a)
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:
The individuals or positions responsible for implementing the training, maintaining training records, and ensuring compliance with training requirements.
The content of the training, including the written procedures required under par. (d)
The form of initial training, and the form and frequency of follow-up training, if any.
Monitoring and control procedures to ensure that individuals are trained before they contact ready-to-eat food with bare hands.
The operator shall review the training program under par. (e)
at least annually.
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.
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.
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:
A discharging or open wound, sore, or lesion on the hands, arms, or other exposed portions of the body.
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.
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
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.
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.
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.
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.
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.