Chapter ATCP 77

ATCP 77.06(3) (3) Fee exemptions. A county or municipality that contracts with the department to license and inspect retail food establishments as the department’s agent under s. 97.41, Stats., is not required to pay any certification fee.

ATCP 77.06(4) (4) Paying certification fees.

ATCP 77.06(4)(a) (a) If the department has not previously certified an operator to perform any of the tests listed under s. ATCP 77.02 at the laboratory for which the operator is seeking certification, the department shall bill the operator under this section after the department inspects the laboratory under s. ATCP 77.14 (1) (a). The department may not certify the operator to perform any test until the operator pays the required certification fee for that test.

ATCP 77.06(4)(b) (b) If the operator of a certified laboratory applies for certification to perform additional tests under sub. (5), or files a renewal application under s. ATCP 77.04 (2), the operator shall include with that application the fees required under this section.

ATCP 77.06(5) (5) Additional tests. The operator of a certified laboratory may, at any time, apply for certification to perform additional tests which the department has not yet certified the operator to perform at that laboratory. The operator shall apply on a form provided by the department. The application shall include all of the following:

ATCP 77.06(5)(a) (a) The additional tests for which the operator seeks certification.

ATCP 77.06(5)(b) (b) Documentation, under s. ATCP 77.04 (1) (e), that the operator is qualified to perform each additional test under par. (a).

ATCP 77.06(5)(c) (c) The fees required under this section.

ATCP 77.06 Note Note: An operator may apply under sub. (5) at any time during a license year, and need not wait until the annual license renewal.

ATCP 77.06 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; am. (1) and (2) and cr. (1) (a) to (d), Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (1) (a) to (c), cr. (1) (e), r. and recr. (2), eff. 11-15-01; CR 01-124: am. (1) (a) to (c), cr. (1) (e), r. and recr. (2) Register December 2002 No. 564, eff. 1-1-03; CR 05-044: cr. (2) (intro.), am. (4) and (5) (c) Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (1) (a), (b) and (d) Register April 2008 No. 628, eff. 5-1-08; CR 19-076: am. (1) (a) to (d), (2) (a), (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.08 ATCP 77.08 Granting and withdrawing certification.

ATCP 77.08(1) (1) Granting certification. The department shall certify an operator under s. ATCP 77.03 if the operator and laboratory comply with this chapter. The department may conditionally certify an operator pending action by the operator to correct deficiencies which the department has identified. The department may summarily suspend a conditional certification, without prior hearing, if the operator fails to correct the deficiencies within the time specified by the department.

ATCP 77.08(2) (2) Deadline for action on certification request. Within 40 calendar days after the department receives a complete application under s. ATCP 77.04, the department shall do all the following:

ATCP 77.08(2)(a) (a) Inspect the laboratory if an inspection is required under s. ATCP 77.14 (1).

ATCP 77.08(2)(b) (b) Grant the application, grant the application subject to conditions, or deny the application.

ATCP 77.08(3) (3) Milk and food laboratories; certified analysts.

ATCP 77.08(3)(a) (a) The department may not certify an operator to perform any test under s. ATCP 77.02 (1) or (2) unless the department has certified all of the analysts who perform that test at that laboratory.

ATCP 77.08(4) (4) Suspending or revoking certification. The department may suspend or revoke an operator’s certification for cause, including a violation of this chapter or failure to file required laboratory reports with other government agencies. The department shall comply with applicable requirements under ch. 227, Stats., and ch. ATCP 1.

ATCP 77.08 Note Note: See ss. 93.06 (7) and 93.12, Stats.

ATCP 77.08(5) (5) Summary suspension. The food and recreational safety administrator may issue a written notice, summarily suspending all or part of an operator’s certification, if the food and recreational safety administrator finds in the suspension notice that the operator has not complied with this chapter, that the noncompliance poses an imminent threat to the health or safety of the public or laboratory workers, and that the noncompliance is likely to continue unless the food and recreational safety administrator summarily suspends the operator’s certification. The operator may contest the summary suspension according to s. ATCP 1.03 (3).

ATCP 77.08 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (5) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.10 ATCP 77.10 Laboratory facilities.

ATCP 77.10(1) (1) Adequate facilities. A certified laboratory shall have all of the following:

ATCP 77.10(1)(a) (a) Adequate facilities, equipment and supplies to perform the tests which the operator is certified to perform at that laboratory.

ATCP 77.10(1)(b) (b) At least 5 linear feet of level bench top working space per analyst.

ATCP 77.10(1)(c) (c) At least 50 foot candles of light on each bench top.

ATCP 77.10(1)(d) (d) Effective climate controls to maintain proper temperature and humidity for testing.

ATCP 77.10(2) (2) Quality control and maintenance. The operator of a certified laboratory shall do all of the following:

ATCP 77.10(2)(a) (a) Maintain laboratory facilities, equipment and supplies in proper working condition.

ATCP 77.10(2)(b) (b) Maintain temperature-controlled equipment, including incubators, water baths, refrigerators and freezers, so that the equipment functions effectively. The operator shall measure and record equipment temperatures at least daily when the equipment is in use and the laboratory is staffed with trained personnel.

ATCP 77.10(2)(c) (c) Maintain autoclaves to ensure proper temperature and pressure throughout the entire sterilization cycle, and keep a record of autoclave maintenance.

ATCP 77.10(2)(d) (d) Calibrate each electronic test instrument as recommended by the instrument manufacturer, and record the results.

ATCP 77.10(2)(e) (e) Ensure that each reagent and solution is clearly labeled to show its identity, its titer or concentration, its expiration or preparation date, instructions for proper storage, and other pertinent information. An operator shall store reagents and solutions according to the manufacturer’s specifications.

ATCP 77.10(2)(f) (f) Ensure that glassware is free of chips, excessive scratches or cloudiness. Glassware used for measurement, including pipettes, graduated cylinders and volumetric flasks, shall have clear graduations.

ATCP 77.10(3) (3) Notice of material changes. An operator shall notify the department whenever the operator remodels laboratory facilities or installs new equipment if the remodeling or installation materially affects the performance of tests under s. ATCP 77.02 which the operator is certified to perform at that laboratory.

ATCP 77.10 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (2) (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.12 ATCP 77.12 Laboratory administrator. The laboratory administrator or a designated agent of the administrator shall be present at every certified laboratory during daytime business hours. The laboratory administrator shall do all of the following on behalf of the laboratory operator:

ATCP 77.12(1) (1) Supervise the laboratory and its compliance with this chapter.

ATCP 77.12(2) (2) Review and approve, for submission to the department, every certification application which the operator submits for that laboratory under s. ATCP 77.04.

ATCP 77.12(3) (3) Supervise the procurement and maintenance of laboratory facilities, equipment and supplies, and notify the department of material changes under s. ATCP 77.10 (3).

ATCP 77.12(4) (4) Facilitate department inspections of the laboratory. At the request of the department, the administrator shall grant the department access to laboratory facilities, equipment and records, and shall arrange for analysts to demonstrate their testing proficiency.

ATCP 77.12(5) (5) Notify the department of changes in laboratory analysts under s. ATCP 77.22 (10).

ATCP 77.12(6) (6) Notify all laboratory customers if the department suspends or revokes all or part of the laboratory’s certification.

ATCP 77.12(7) (7) Report test results to the appropriate regulatory agency, if required by law.

ATCP 77.12(8) (8) Supervise laboratory recordkeeping under s. ATCP 77.16.

ATCP 77.12 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

ATCP 77.14 ATCP 77.14 Inspecting a laboratory.

ATCP 77.14(1) (1) Mandatory inspections. The department shall inspect a laboratory at all of the following times:

ATCP 77.14(1)(a) (a) Before certifying the operator under s. ATCP 77.03, for the first time, to perform tests at that laboratory.

ATCP 77.14(1)(b) (b) At least once every 2 years after the department first certifies the operator under s. ATCP 77.03 to perform tests under s. ATCP 77.02 (1) at that laboratory and at least once every 3 years after the department first certifies the operator under s. ATCP 77.03 to perform any tests under s. ATCP 77.02 (2) or (3).

ATCP 77.14(1)(c) (c) Before the department certifies the operator to perform a test under s. ATCP 77.02 which the department has not previously certified that operator to perform at that laboratory unless the laboratory is currently certified for a test that utilizes the same or very similar methodology.

ATCP 77.14(2) (2) Discretionary inspections. The department may inspect a certified laboratory whenever any of the following occurs:

ATCP 77.14(2)(a) (a) The operator materially alters laboratory facilities or equipment.

ATCP 77.14(2)(b) (b) The operator assigns a new analyst to perform a test for which the operator is currently certified.

ATCP 77.14(2)(c) (c) The department concludes that an inspection is necessary to determine whether the operator, or the operator’s laboratory, complies with this chapter.

ATCP 77.14(3) (3) Inspection authority. The department may exercise its authority under ss. 93.08, 93.14, 93.15, 93.16 and 97.12, Stats., in support of an inspection under this chapter. The department may suspend or revoke the certification of any operator who obstructs or fails to permit an inspection under this section.

ATCP 77.14 Note Note: The department conducts its inspections during laboratory business hours. The department ordinarily pre-arranges inspection dates and times that are acceptable to laboratory operators, but is not required to do so. A person who obstructs or interferes with an inspection may also be subject to penalties under s. 93.21 (2) or (4) or s. 97.12 (4), Stats.

ATCP 77.14 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (1) (b), (c) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.16 ATCP 77.16 Laboratory records.

ATCP 77.16(1) (1) Records required. An operator shall make complete records related to all of the following:

ATCP 77.16(1)(a) (a) The training, experience and proficiency testing of every analyst who performs tests for which the laboratory is certified.

ATCP 77.16(1)(b) (b) Laboratory evaluations required under this chapter.

ATCP 77.16(1)(c) (c) Laboratory policies and procedures.

ATCP 77.16(1)(d) (d) Laboratory facilities, equipment and supplies, including records related to procurement, calibration, testing and maintenance.

ATCP 77.16(1)(e) (e) Quality control procedures and monitoring.

ATCP 77.16(1)(f) (f) Tests performed at the laboratory, including records related to the nature of the test, the person for whom the test is performed, the assigned analysts, the test methods used, the date and time of testing, and the test results obtained.

ATCP 77.16(1)(g) (g) Test reports filed with the department and other government agencies.

ATCP 77.16 Note Note: For example, see reporting requirements under chs. ATCP 65 and 70 and chs. NR 809 and 812.

ATCP 77.16(2) (2) Record retention; availability.

ATCP 77.16(2)(a) (a) The operator of a milk or food laboratory shall retain all records under sub. (1) for at least 2 years. The operator of a water laboratory shall retain all records under sub. (1) for at least 5 years.

ATCP 77.16(2)(b) (b) An operator shall make records under sub. (1) available to the department for inspection and copying upon request.

ATCP 77.16(2)(c) (c) An operator may keep records under sub. (1) in hard copy or electronic form, or both, provided that the department can obtain ready access to the records.

ATCP 77.16(2)(d) (d) An operator shall take reasonable security measures to prevent record loss, damage or tampering.

ATCP 77.16(3) (3) Falsifying records. No operator may falsify any laboratory records.

ATCP 77.16 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

subch. II of ch. ATCP 77 Subchapter II — Milk and Food Laboratories

ATCP 77.20 ATCP 77.20 Milk and food laboratories; procedures.

ATCP 77.20(1) (1) Test methods. An operator who performs any test listed under s. ATCP 77.02 (1) and (2) shall perform that test according to methods specified in applicable reference materials under sub. (2), or according to methods which the department approves in writing.

ATCP 77.20(2) (2) Reference materials.

ATCP 77.20(2)(a) (a) General. An operator who performs any test listed under s. ATCP 77.02 (1) or (2) shall keep, at the certified laboratory, the manufacturer’s complete operating and maintenance instructions for equipment used to perform that test.

ATCP 77.20(2)(b) (b) Milk tests. An operator who performs any test listed under s. ATCP 77.02 (1) shall keep the following reference materials at the certified laboratory:

ATCP 77.20(2)(b)1. 1. The FDA 2400 series laboratory evaluation forms for that test.

ATCP 77.20(2)(b)2. 2. The “Standard Methods for the Examination of Dairy Products,” 17th edition, published by the American Public Health Association.

ATCP 77.20(2)(c) (c) Food tests. An operator who performs any test listed under s. ATCP 77.02 (2) shall keep or have online access to all of the following reference materials at the certified laboratory:

ATCP 77.20(2)(c)1. 1. The authoritative reference manual, if any, that applies to each type of food testing for which the laboratory is certified.

ATCP 77.20(2)(c)2. 2. The “Compendium of Methods for the Microbiological Examination of Foods,” 4th edition, published by the American Public Health Association.

ATCP 77.20(2)(c)3. 3. The FDA “Bacteriological Analytical Manual,” current on-line edition, if the operator performs a microbiological test on food.

ATCP 77.20 Note Note: Copies of “Standard Methods for the Examination of Dairy Products” and “Compendium of Methods for the Microbiological Examination of Foods” are on file with the department and the legislative reference bureau and may be obtained from the “APHA Bookstore” at http://secure.apha.org/iMIS/APHA/Store .

ATCP 77.20 Note Copies of the “Bacteriological Analytical Manual” are on file with the department and the legislative reference bureau and may be viewed online at http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm.