Chapter ATCP 71

ATCP 71.05 ATCP 71.05 Food storage and handling.

ATCP 71.05(1) (1) General.

ATCP 71.05(1)(a) (a) A food warehouse operator shall handle and store food in a safe and sanitary manner, and under sanitary conditions, to protect the safety and wholesomeness of the food.

ATCP 71.05(1)(b) (b) A food warehouse operator shall store food in a neat and orderly manner, so that the food is readily accessible for inspection and movement, and so that the food warehouse can be readily inspected and cleaned.

ATCP 71.05(1)(c) (c) The amount of food stored in a food warehouse shall not exceed the reasonable capacity of that warehouse.

ATCP 71.05(2) (2) Food delivered to warehouse; inspection.

ATCP 71.05(2)(a) (a) A food warehouse operator shall inspect all food delivered for storage at the food warehouse. The operator shall inspect the food before it is unloaded, unless the delivery vehicle is too fully loaded to permit inspection. The operator shall inspect for damage to food or food packages, insect or rodent infestation, objectionable odors, and other indications of contamination.

ATCP 71.05(2)(b) (b) If a food warehouse operator rejects any portion of a food delivery because the food is contaminated, the operator shall promptly notify both the food carrier and the food shipper or owner.

ATCP 71.05(2)(c) (c) If a warehouse operator has reason to believe that an unloaded delivery of food may be contaminated, the warehouse operator shall segregate that food for prompt inspection, sorting, and disposition before the food is stored in the food warehouse.

ATCP 71.05(3) (3) Food accepted for storage; identification.

ATCP 71.05(3)(a) (a) A food warehouse operator shall mark each lot of food accepted for storage with all of the following:

ATCP 71.05(3)(a)1. 1. The name and address of the food warehouse.

ATCP 71.05(3)(a)2. 2. The word “Received,” or a recognizable abbreviation of that word, and a numeric designation of the month, day, and year when the food was received in the food warehouse.

ATCP 71.05 Note Note: For example, an acceptable marking of an incoming shipment of a food product under this subsection is “Rec’d. 7-1-93”.

ATCP 71.05(3)(b) (b) The information required to be marked on a lot of food under par. (a) may be contained on a tag securely fastened to the packaging material enclosing that lot of food. The tag shall be affixed so that it cannot be readily detached, mutilated, or made illegible.

ATCP 71.05(3)(c) (c) No person may remove, alter, mutilate, or conceal a marking required under par. (a). No person may divide any lot of food marked under par. (a) unless each portion of the divided lot bears the same marking.

ATCP 71.05(4) (4) Contaminated food. A food warehouse operator shall promptly destroy, or shall exclude or promptly remove from the food warehouse, any food which threatens to contaminate other food in storage, which may cause a pest infestation, or which may contaminate the food warehouse.

ATCP 71.05(5) (5) Fire, flood, or casualty damage. Food which has been subjected to possible contamination in a fire, flood, or other casualty shall not be removed from the warehouse for use as human food unless the department has inspected the food and authorized its removal or disposition. A food warehouse owner or operator shall notify the department whenever food in the warehouse has been subjected to possible damage or contamination because of fire, flood, or other casualty.

ATCP 71.05(6) (6) Stock rotation. A food warehouse operator shall adopt and implement effective stock rotation procedures, appropriate to each type of food, to preclude spoilage of any food in storage. The warehouse operator shall keep adequate records to permit the effective rotation of food in storage.

ATCP 71.05(7) (7) Refrigerated and frozen food.

ATCP 71.05(7)(a) (a) Potentially hazardous refrigerated food stored at a food warehouse shall at all times be kept refrigerated at a temperature of 40°F. (4°C.) or below, except:

ATCP 71.05(7)(a)1. 1. Eggs shall be kept refrigerated at an ambient temperature of 45°F. (7°C.) or below.

ATCP 71.05(7)(a)2. 2. Dairy products as defined in s. 97.20 (1) (b) 1. to 5., Stats., shall be kept at 45 ° F. (7° C.) or below.

ATCP 71.05(7)(a)3. 3. Fish and fishery products in reduced-oxygen packaging as defined in s. ATCP 70.02 (37) shall be kept at or below 38° F (3° C.), in accordance with ss. ATCP 70.18 and 70.19.

ATCP 71.05 Note Note: Sections ATCP 70.18 and 71.19, as they existed prior to 2-1-20, were repealed by CR 17-073. Those sections now correspond to ATCP 70.44 and 70.46.

ATCP 71.05(7)(a)4. 4. Molluscan shellfish shall be iced or refrigerated to the extent necessary to maintain internal shellstock temperature as required in s. ATCP 70.21, and

ATCP 71.05 Note Note: Section ATCP 70.21, as it existed prior to 2-1-20, was repealed by CR 17-073. That section now corresponds to ATCP 70.50.

ATCP 71.05(7)(a)5. 5. Potentially hazardous frozen food shall at all times be kept frozen at a temperature of 5°F. (-15°C.) or below.

ATCP 71.05(7)(b) (b) Frozen food shall not be refrozen after having thawed.

ATCP 71.05(7)(c) (c) The operator of a food storage warehouse shall record, on a daily basis, the air temperature in each facility in which potentially hazardous food is stored. The operator shall record the temperature shown by each measuring device installed in the facility under s. ATCP 71.03 (7), together with the date on which the temperature reading was taken. The operator shall retain the temperature record for at least 2 years.

ATCP 71.05(7)(d) (d) The amount of food stored in a refrigerated or frozen food storage facility shall not exceed the designed capacity of that facility. Refrigerated and frozen food shall be marked as required under s. ATCP 71.05 (3), and shall be stored in an orderly manner, so that the contents of a refrigerated or frozen food storage facility can be readily inspected and identified.

ATCP 71.05(8) (8) Fish or fishery products haccp system required. A licensed food warehouse that engages in the storage of fish as defined in 21 CFR 123(d), fishery products as defined in 21 CFR 123.3(e), or molluscan shellfish as defined in 21 CFR 123.3(h) shall operate under a seafood HACCP system in accordance with the applicable requirements in Subch. IV of ch. ATCP 70.

ATCP 71.05 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94; correction in (7) under s. 35.17, Stats; CR 15-093: renum. (7) (a) to (7) (a) (intro.) and 5. and am. (intro.), cr. (7) (a) 1. to 4., (8) Register August 2016 No. 728, eff. 9-1-16; correction in (7) (a) 2., 3., (8) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9-1-16.

ATCP 71.06 ATCP 71.06 Records.

ATCP 71.06(1) (1) A food warehouse operator shall keep accurate records of warehouse operations, including all of the following:

ATCP 71.06(1)(a) (a) A record of each lot of food received for storage at the food warehouse, including all of the following:

ATCP 71.06(1)(a)1. 1. The name and address of the person who shipped the lot, and the carrier who delivered the lot to the warehouse.

ATCP 71.06(1)(a)2. 2. A description of the lot, including the identity of the food, the number of individual units, and the total quantity included in the lot.

ATCP 71.06(1)(a)3. 3. The date on which the lot was received.

ATCP 71.06(1)(b) (b) A record of each lot of food in storage, including:

ATCP 71.06(1)(b)1. 1. The name and address of the owner, if other than the warehouse operator.

ATCP 71.06(1)(b)2. 2. A description of the lot, including the identity of the food, the number of individual units, and the total quantity included in the lot.

ATCP 71.06(1)(b)3. 3. The date on which the lot was received.

ATCP 71.06(1)(c) (c) A record of each lot of food removed from the food warehouse, including all of the following:

ATCP 71.06(1)(c)1. 1. The destination of the lot, including the name and address of the recipient if any.

ATCP 71.06(1)(c)2. 2. A description of the lot, including the identity of the food, the number of individual units, and the total quantity included in the lot.

ATCP 71.06(1)(c)3. 3. The date on which the lot was removed from the warehouse.

ATCP 71.06(2) (2) A food warehouse operator shall retain records made under sub. (1) for at least 2 years.

ATCP 71.06 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

ATCP 71.10 ATCP 71.10 Milk distributors; license and fees.

ATCP 71.10(1) (1) License required. No person may operate as a milk distributor without an annual license from the department, as provided in s. 97.21, Stats. A license expires on April 30 annually.

ATCP 71.10(2) (2) License application. Application for an annual milk distributor license shall be made on a form provided by the department. The application shall be accompanied by each applicable fee and surcharge required under sub. (3). An application shall include all of the information required under this section for licensing purposes.

ATCP 71.10(3) (3) License fees. A milk distributor shall pay the following fees:

ATCP 71.10(3)(a) (a) An annual license fee. The license fee is $75 for each storage facility operated by the milk distributor.

ATCP 71.10(3)(b) (b) A reinspection fee, if required under s. 97.21 (4) (b), Stats., for each reinspection of a storage facility operated by the milk distributor. The reinspection fee is $30 for each reinspected storage facility.

ATCP 71.10(3)(c) (c) A surcharge, in the amount specified by s. 97.21 (4) (c), Stats., if required by s. 97.21 (4) (c), Stats.

ATCP 71.10 History History: CR 05-044: cr. Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (3) (a) and (b) Register April 2008 No. 628, eff. 5-1-08.