Chapter ATCP 70

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.

ATCP 70.08(16) (16) Egg handling facilities. Egg handling facilities shall meet the requirements in ss. ATCP 88.06 and 88.08.

ATCP 70.08(17) (17) 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 ATCP 70.10 Personnel standards.

ATCP 70.10(1) (1) Cleanliness.

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.

ATCP 70.10(1)(b) (b) Paragraph (a) 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.

ATCP 70.10(2) (2) Hand contact with food.

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) (b) If used, finger cots or gloves shall be:

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)(b)2. 2. Sanitized at least twice daily or more often if necessary.

ATCP 70.10(2)(b)3. 3. Properly stored until used.

ATCP 70.10(2)(b)4. 4. Maintained in a clean, intact, and sanitary condition prior to use.

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)2. 2. The specific tasks for which bare-hand contact is authorized.

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)(e)5. 5. Procedures to evaluate training effectiveness.

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)(a) (a) One or more reportable symptoms of communicable disease as defined in ch. ATCP 75 Appendix, 2-201.11 (A).

ATCP 70.10(4)(b) (b) One or more symptoms of an acute gastrointestinal illness.

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 ATCP 70.12 Equipment and utensils.

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) (1) General. Except as provided in ss. ATCP 70.16 and 70.40, the operator shall do all of the following:

ATCP 70.14(1)(a) (a) Comply with provisions in s. ATCP 70.28 for sanitizers and methods used to sanitize 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) Equipment 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)(a) (a) Drying equipment.

ATCP 70.16(2)(b) (b) Cloth-collector systems.

ATCP 70.16(2)(c) (c) Dry product packaging equipment and storage containers.

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)(f) (f) Ice makers maintained in a cold/frozen state.

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.