ATCP 70.20 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (c), (2) (c), (6) (a) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.22(1)(1)
Food ingredients shall be safe, wholesome, and unadulterated, and shall comply with applicable standards of identity under s. 97.09
, Stats. Raw agricultural commodities and other food ingredients shall be segregated and examined as necessary to determine whether they are clean and fit for processing. Processed foods and dairy products which are used as food ingredients shall be obtained from sources which comply with applicable licensing and inspection requirements.
Eggs and egg products.
Only clean whole eggs, pasteurized eggs in liquid, frozen or dry form, or pasteurized egg products may be used in food processing. Eggs and egg products may be pasteurized during processing. Clean whole eggs shall be equivalent to USDA Grade B or better with shells intact.
ATCP 70.22 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20. ATCP 70.24(1)(1)
Food shall be protected from contamination and decomposition while being processed, handled, conveyed, or held at a food processing plant. Food shall be processed and held in a manner which keeps the food in a safe, wholesome, and unadulterated condition. Potentially hazardous foods shall be processed and held at temperatures, or in a manner, which minimizes the potential for growth of undesirable microorganisms.
Food storage areas shall be maintained in a clean, sanitary, and orderly condition, free from conditions which may result in the adulteration of food. Potentially hazardous foods shall be stored at safe temperatures. Storage areas shall be constructed and maintained so that waste water and other waste liquids do not drain into, or accumulate in, any storage area. Food shall not be stored in a manner which may attract or harbor pests.
Food processing shall be conducted under appropriate conditions and controls to minimize the potential for growth of undesirable microorganisms, or the contamination of food.
ATCP 70.24 Note
Note: One way to comply with this requirement is to follow a HACCP plan which monitors and controls food safety variables at critical control points in the manufacturing process. Monitoring and controlling food safety variables such as time, temperature, humidity, water activity (aw), pH, pressure, and flow rate at critical control points can ensure that mechanical breakdowns, time delays, temperature fluctuations, and other conditions do not contribute to the decomposition or contamination of food.
If potentially hazardous food is heated, refrigerated, or frozen in the course of processing, the internal temperature of the food shall be accurately monitored, as necessary, to ensure that safe temperatures are promptly attained and maintained.
Potentially hazardous frozen foods, if thawed for processing, shall be thawed by one of the following methods:
By placing the frozen food in a refrigerated space at a temperature of not more than 41°
Placing the frozen food under potable running water, at a temperature of not more than 70°
C), for no more time than is needed to thaw the food. Water velocity shall be sufficient to agitate loose particles and drain or float them away from the food being thawed.
By microwave heating, if the food is fully cooked in the microwave oven, or if cooking is immediately completed in another cooking facility.
In any cooking facility, as part of the process by which the food is fully cooked.
Food contact surfaces of bulk flour handling equipment shall comply with the provisions of s. ATCP 70.12 (2)
. Pneumatic systems using storage bins constructed of semi-permeable cloth material are exempt from the requirement that surfaces be smooth and nonabsorbent, provided the surfaces can be effectively cleaned. Attachment mechanisms for holding inspection port covers, access doors, delivery pipe caps, or other removable accessories shall have no loose parts. Delivery pipe caps shall be kept in place, and secured against removal, except when a bulk flour handling system is in use. Outside installations shall be watertight or suitably covered to prevent entry of water and foreign material.
Intake air used in pneumatic flour handling systems shall be filtered to exclude particles of 50 microns or larger. Air discharged from the system shall be filtered so that no visible dust escapes. Filters shall be readily removable for cleaning or replacement. Straight runs of pneumatic conveyors shall comply with the provisions of s. ATCP 70.12 (1)
, except that piping which is self-purging is exempt from accessibility requirements.
Raw ingredients and finished products; separate handling.
Effective measures shall be taken to prevent cross contamination between raw ingredients and finished food products. Raw ingredients shall not be handled simultaneously with finished products in any part of a food processing plant if either the raw materials or the finished products are uncovered or unprotected, and if the handling may result in contamination.
“Distressed food" means processed food exposed to a fire, flood, transportation accident, refrigeration breakdown, or other unusual condition which may affect its safety or suitability as human food. “Distressed food” does not include food or food packages damaged during normal conditions of food and food product handling, transit, or storage.
“Reconditioned food" means packaged distressed food distributed or offered for sale as human food after its package is repaired or relabeled without being opened.
“Reprocessed food" means distressed food subsequently processed in accordance with the requirements under this chapter and distributed or offered for sale as human food.
An operator shall notify the department within 3 days after the operator takes possession of any distressed food, or within 3 days after food in the operator's custody becomes distressed food. The operator shall notify the department before the operator reprocesses or reconditions the distressed food.
An operator shall identify distressed food as such, and shall separate it from other food. No operator may store distressed food in a processing area, or under conditions which may lead to the contamination of other food, equipment, utensils, or packaging materials.
Reprocess for sale, as human food, any distressed food which is unwholesome or adulterated.
Offer for sale, sell, or distribute food in packages that are damaged to such an extent that the food may have been exposed or subjected to possible contamination, including packages with bulging ends, ruptures, hairline fractures, breakage along critical seams, or openings which may have exposed food to contamination.
No operator may sell or distribute reprocessed or reconditioned food at wholesale unless the operator gives the purchaser or recipient written notice that the food is reprocessed or reconditioned. The notice shall also include the name and address of the person who reprocessed or reconditioned the distressed food. The notice may be included on an invoice, bill of lading, or other documentation of the sale or distribution of the food.
An operator shall keep, for the period of time set forth in 21 CFR 117.315
, all of the following records related to distressed food handled by that operator:
A description of the distressed food, including the type of food, the package or container style, and the amount of the food.
The source of the distressed food, or the conditions which caused it to become distressed food.
The nature of any reprocessing or reconditioning which the operator performed on the distressed food.
The final disposition of the distressed food if the distressed food was not sold directly at retail. That record shall include the name and address of the person, such as the food wholesaler, food distributor, waste disposal firm or waste disposal site operator, to whom the food processing plant operator delivered the food.
Irradiation in the production, processing, and handling of food shall comply with applicable federal regulations under 21 CFR part 179
Egg cleaning and storage.
Cleaning and storage of eggs shall be done in compliance with the requirements of s. ATCP 88.20
ATCP 70.24 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (7) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.26
Food packaging and labeling. ATCP 70.26(1)(1)
Food packages shall be of sanitary design and construction, so as to protect food contents from reasonably foreseeable risks of contamination. Food packages shall be clean, sanitary, and free of any extraneous or deleterious substance. Food shall not be sold or distributed in packages which are damaged to the extent that food contents may be adulterated as a result of the damage. A sealed food package is damaged within the meaning of this subsection if the package or seal is broken or bulged.
Cleaning and sanitizing returnable food packages.
Returnable or multi-use food packages, including returnable bottles, shall be effectively cleaned and sanitized before being reused. Cleaning and sanitizing processes shall remove all extraneous matter and potential adulterants from a food package before the food package is reused. Sanitizing methods shall comply with s. ATCP 70.28
. No food package may be reused unless it is specifically designed and constructed for that purpose.
Inspection of returnable food packages.
Returnable or multi-use packages, after being cleaned and sanitized, shall be inspected before being reused. Inspection shall be adequate to detect extraneous material and visible adulterants, and any damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with s. ATCP 70.08 (5) (b)
Single-service food packages.
Single-service food packages, including bottle caps and other single-service articles used to package food, shall be made from clean, sanitary materials. Single-service food packages shall be clean and sanitary at the time of use. Single-service food packages shall be protected from contamination prior to use, and shall be handled in a sanitary manner. Single-service food packages, including single-service bottles and bottle caps, shall not be re-used.
Food package labeling.
Packaged food shall be packaged and labeled according to all of the following, as applicable:
If the packaged food contains a major food allergen, the ingredient statement on the package shall disclose the common name of the major food allergen. The disclosure shall be equivalent in size and prominence to the rest of the ingredient statement. If an allergen originates from finfish, crustacean shellfish, or tree nuts, the disclosure shall include the common name of the source species.
ATCP 70.26 Note
Note: For example, if a food product includes an allergen that originates from finfish, the ingredient statement must disclose the common name such as bass, flounder, or cod. If the allergen originates from crustacean shellfish, the ingredient statement must disclose the common name such as crab, lobster, or shrimp. If the allergen originates from tree nuts, the ingredient statement must disclose the common name such as almond, pecan, walnut, or coconut.
Egg packaging and labeling.
The packaging and labeling of eggs shall be done in compliance with the requirements of ss. ATCP 88.32
, and 88.38
Alcohol restrictions and labeling.
If a product contains more than 1.0% but less than 7.0% alcohol it is regulated by the labeling provisions of this subsection and the alcohol would be declared as an ingredient in normal descending order of predominance. If the alcohol is part of other ingredients such as a flavoring, and it is less than 0.5% of the finished product by volume, then it is considered an incidental ingredient.
ATCP 70.26 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; corrections in (5) (a) to (e) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.28
Sanitizers and sanitizing methods. ATCP 70.28(1)(1)
All returnable or multi-use food packages, and all food contact surfaces of equipment and utensils used to handle foods, shall be effectively sanitized prior to each use.
(2) Chemical sanitizers; requirements.
The operator shall use only chemical sanitizers that are specified as acceptable for use in 21 CFR 178.1010
, are registered with the U.S. environmental protection agency, are applied according to manufacturer's instructions, are labeled for use in food processing plants on food contact surfaces, and do not leave an unacceptable residue on the food contact surface when used appropriately.
Baking and cooking containers; exemption.
does not apply to baking and cooking containers if heating time and temperature combinations meet industry standards and are adequate to destroy pathogenic microorganisms, provided that the containers are cleaned, stored, and used in a manner which prevents contamination of food.
Sanitizers; maximum concentrations.
The operator shall use sanitizers and cleaning compounds so no toxic or otherwise unacceptable residue is left on any food contact surface. Sanitizing solutions shall not exceed the maximum concentrations established by the food and drug administration, United States department of health and human services, under 21 CFR 178.1010
. A test kit or other device that measures the concentration of sanitizing solutions in parts per million shall be used as necessary to ensure compliance with this subsection.
Sanitizers approved by the U.S. environmental protection agency and labeled for use on food contact surfaces are also accepted by the department for use according to their labels. The department may approve other sanitizers and sanitizing methods that it finds to be safe and effective for the purpose used.
The department may deny or withdraw approval of any sanitizer or sanitizing method if the department determines that the sanitizer or sanitizing method is not safe or effective for the purpose or under the conditions used, or that it adversely affects the sanitary characteristics of equipment, utensils, or food packages.
ATCP 70.28 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (2), (3) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 70.30
Ready-to-eat foods; reporting pathogens and toxins. ATCP 70.30(1)(1)
Except as provided under sub. (2)
, an operator shall report to the department the results of any microbiological test or laboratory analysis which indicates that any ready-to-eat food produced by that operator contains pathogenic organisms, toxins resulting from the growth of pathogenic organisms, or any other adulterant capable of causing disease or injury if ingested. The operator shall report to the department within 24 hours after the operator obtains the test results. The operator may report orally, electronically, or in writing.
ATCP 70.30 Note
Note: The State of Wisconsin's Emergency Management phone number is (800) 943-0003. The general number of the Division of Food and Recreational Safety is (608) 224-4700, and its FAX number is (608) 224-4710.
An operator is not required to report test results under sub. (1)
if all of the following apply:
The ready-to eat-food is identified by a product code or production lot number.
The operator has not yet sold or distributed any of the ready-to-eat food represented by the product code or production lot number under par. (a)
, but retains direct control over all of that ready-to-eat food.
ATCP 70.30 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20. ATCP 70.32(1)(1)
An operator shall have a written plan for identifying and recalling food produced at that plant, should a food recall become necessary. The operator shall update the plan as necessary, and shall make it available to the department for inspection and copying upon request.
A plan, under sub. (1)
, shall do all of the following:
Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the operator.
Identify key individuals or entities to be contacted or consulted in connection with a recall.
Include procedures for the routine identification, dating, and tracking of food production lots, so that affected lots can be identified and distinguished from unaffected lots in the event of a recall.
Include procedures to enable routine identification, dating, and tracking of food shipments from the food processing plant. Tracking shall identify shipment recipients and contents, cross-referenced to production lots, so that recipients of affected lots may be contacted in the event of a recall.
Include procedures for determining the nature and scope of a recall, including affected food production lots, shipments, and shipment recipients.
Include procedures for identifying and communicating with affected persons, including suppliers, food shipment recipients, down-line buyers, consumers, government agencies, and others.
Identify potential target audiences for recall information, including consumers, distributors, and government agencies.
Identify potential methods for communicating with target audiences under par. (g)
Identify key information, including the identity of the affected food, the reason for the recall, and suggested actions to be taken by affected persons, which may need to be communicated in the event of a recall.
Deviations from plan.
Actual recall procedures may deviate from the recall plan under sub. (1)
, as circumstances warrant.
ATCP 70.32 History
History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20. ATCP 70.34(1)(1)
Operators engaged in canning operations shall comply with applicable provisions of subch. II
. Operators engaged in canning operations shall also comply with this subchapter and shall file processes, as required, with the U.S. food and drug administration according to the provisions in 21 CFR part 108