• This rule addresses requirements for vending machines, micro-markets, and the commissaries for these entities, as well as in the new ch. ATCP 75, and the Appendix to ATCP 75, The Wisconsin Food Code, to ensure consistency and clarity in requirements for both the food processing part of the operation and the retail food business. • This rule clarifies extended runs and waivers allowing those runs, while clarifying and expanding the list of food processing activities during which daily cleaning and sanitizing are not required.
• This rule clarifies that filing and obtaining of process-authority approval for processes used in the making of acidified or low acid canned foods is mandatory.
• This rule expands the ability of food processing plants to obtain waivers or variances from DATCP for non-standardized and innovative processing and procedural activities. • Prior to this revision, these waivers and variances could only be obtained by food processing plants for structural and equipment issues.
• This rule updates and clarifies the language dealing with the standards and testing of operations water and ingredient water used in the various bottling and processing operations in Wisconsin, and finished product sampling and analysis for bottling establishments.
• The new rule also expands the scope of the bottling rules to cover more than just bottled water and soda to match the expansion of this rapidly changing and innovative segment of the bottling industry.
• This rule generally updates and clarifies definitions, licensing requirements and exemptions, as well as exempt wholesaling requirements and limitations, to keep pace with industry and regulatory needs.
• This rule removes the lower sales limit of $25,000 on persons who must pay the canning surcharge to reflect the very real need of DATCP’s staff to provide extensive information, consultation, and service to persons manufacturing canned foods.
• This rule will be consistent with the Retail Food Establishment and Meat Inspection rules to ensure consistency throughout food processing businesses of all types and a regulatory presence for all foods, regardless of where they are produced. This is in keeping with the scope of ch. 97, Stats., requiring the Department to regulate food safety wherever that food is produced, stored, or offered for sale. • The proposed rule protects the consistent quality of the Wisconsin “brand” by removing many of the long-expired ”Grandfather Clause” dates in the existing rule and replacing them with language about gaining compliance for structural standards in existing buildings and updating the expectations for structural standards in new plants. Most significantly, the proposed rule promotes consistent food safety by not allowing a food processing plant in a residence to be licensed after the effective date of this rule.
Small Businesses Affected
The businesses affected by this rule run the gamut from very small to very large operations. The businesses range from one- and two-person popcorn wholesalers to multi-national corporations that are on the cutting edge of food science. DATCP’s challenge is to write and then enforce applicable and consistent requirements that do not penalize either end of this range of business types.
If the proposed rule is adopted, some small food processing plants may incur immediate costs to meet the requirement to have a door that opens to the outside rather than to a residential vestibule. There is also a potential cost for a small number of businesses that have not upgraded their facilities since the “grandfather clauses” were put in place over thirty years ago. They will now need to upgrade warewashing and handwashing sinks or provide a non-residential restroom for the facility. Another cost that may be incurred by a few very small businesses is the $320 canning surcharge, which currently is not assessed for food processing plants manufacturing and selling less than $25,000 of food per year. DATCP’s Manufactured Food Specialists spend a disproportionate amount of time working with very small canning businesses, and this surcharge recoups these costs. The service provided by DATCP is comparable to that of consultants who are not economically available to operations in the <$25,000/year category.
Much of the focus of the proposed rule revision is on clarification and the updating of existing regulations, such as the various exemptions from a food processing plant license, as well as the clarification of various record-keeping requirements.
A positive impact of this rule revision on all classes of business is the expanded ability of food processing plants to apply for processing or procedural waivers. This will potentially allow for the use of new and innovative techniques and processes so long as the processor can demonstrate that food safety is not compromised.
Reporting, Bookkeeping and other Procedures
The proposed rule will not require any additional reporting, bookkeeping, or other procedures.
Professional Skills Required
The proposed rule does not require any new professional skills by small businesses.
Accommodation for Small Business
The requirements for food processing are not size-dependent. There is very little room in the regulations for accommodations due to size, but the department has rewritten the language on waivers to allow processors using alternative methods of processing or cleaning to apply for waivers if they can show equivalent food safety. This may be of use to smaller, traditional processors.
Conclusion
The provisions in this proposed rule will benefit Wisconsin’s food processing plants and are expected to impose costs for only a few, older small-scale food processing plants, particularly those located in residences.
This rule will not have a significant adverse effect on “small business” and is not subject to the delayed “small business” effective date provided in s. 227.22(2)(e), Stats. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
