Chapter ATCP 70

Chapter ATCP 70

WHOLESALE FOOD MANUFACTURING

Subchapter I — Scope and Definitions

ATCP 70.01   Scope.

ATCP 70.02   Definitions.

Subchapter II — General Requirements

ATCP 70.04   Federal and record keeping requirements.

ATCP 70.06   Food processing plants; licensing; fees.

ATCP 70.08   Construction and maintenance.

ATCP 70.10   Personnel standards.

ATCP 70.12   Equipment and utensils.

ATCP 70.14   Cleaning and sanitizing equipment and utensils.

ATCP 70.16   Cleaning and sanitizing equipment and utensils; exemptions.

ATCP 70.18   Obtaining approval of alternative cleaning and sanitizing frequency.

ATCP 70.20   Water supply.

ATCP 70.22   Food ingredients.

ATCP 70.24   Food handling and storage.

ATCP 70.26   Food packaging and labeling.

ATCP 70.28   Sanitizers and sanitizing methods.

ATCP 70.30   Ready-to-eat foods; reporting pathogens and toxins.

ATCP 70.32   Recall plan.

Subchapter III — Canning Operations; Supplementary Requirements

ATCP 70.34   General.

ATCP 70.36   Low-acid foods packaged in hermetically sealed containers.

ATCP 70.38   Acidified foods.

ATCP 70.40   Facilities and equipment; cleaning.

ATCP 70.42   Handling raw agricultural commodities and by-products.

Subchapter IV — Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements

ATCP 70.44   Fish processing.

ATCP 70.46   Labeling and sale of smoked fish.

ATCP 70.48   Fish roe.

ATCP 70.50   Marine molluscan shellfish processing.

Subchapter V — Bottling Establishments; Supplementary Requirements

ATCP 70.52   Bottling establishments; general.

ATCP 70.54   Returnable and single-service bottles.

ATCP 70.56   Bottled water product sampling; record keeping; reports.

ATCP 70.58   Labeling bottled products.

Subchapter VI — Juice and Juice HACCP

ATCP 70.60   Juice and Juice HACCP.

Subchapter VII — Effect of Rules on Local Ordinances

ATCP 70.62   Effect of rules on local ordinances.

Subchapter VIII — Variances

ATCP 70.64   Variances.

Ch. ATCP 70 Note Note: Chapter Ag 40 as it existed on October 31, 1989, was repealed and a new chapter Ag 40 was created effective November 1, 1989; Chapter Ag 40 was renumbered ch. ATCP 70 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448; Chapter ATCP 70 as it existed on January 31, 2020, was repealed and a new chapter ATCP 70 was created effective February 1, 2020.

subch. I of ch. ATCP 70 Subchapter I — Scope and Definitions

ATCP 70.01 ATCP 70.01 Scope. This chapter applies to all food processing plants, as defined in s. ATCP 70.02 (23).

ATCP 70.01 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.

ATCP 70.02 ATCP 70.02 Definitions. As used in this chapter:

ATCP 70.02(1) (1) “Alcohol beverage” means an alcohol beverage as defined in s. 125.02 (1), Stats.

ATCP 70.02(2) (2) “Approved sanitizing solution” means a substance or compound approved by the department for the sanitizing of equipment or utensils under s. ATCP 70.28 (5).

ATCP 70.02(3) (3) “Bakery” means any place where bread, cookies, crackers, pasta, or pies, or any other food product for which flour or ground meal is the principal ingredient, are baked, cooked, or dried, or prepared or mixed for baking, cooking, or drying, for sale as food.

ATCP 70.02(4) (4) “Bottle” means the immediate package or container in which bottled drinking water, soda water beverage, or alcohol beverage is sold or distributed for consumption. “Bottle” includes a bottle cap or other seal for a bottle.

ATCP 70.02(5) (5) “Bottled drinking water” means all water packaged in bottles or similar containers and sold or distributed for drinking purposes. “Bottled drinking water” includes distilled water, artesian water, spring water, and mineral water, whether carbonated or uncarbonated.

ATCP 70.02(6) (6) “Bottling establishment” means any place where drinking water, soda water beverage, or alcohol beverage is manufactured or bottled for sale. “Bottling establishment” does not include a retail establishment either engaged in the preparation and sale of beverages, under a license issued under s. 125.26 or 125.51, Stats., or licensed under s. 97.30 or s. 97.605, Stats.

ATCP 70.02(7) (7) “C-I-P system” means equipment which is designed, constructed, and installed to be cleaned in place by the internal circulation of cleaning and sanitizing solutions onto product contact surfaces. “C-I-P System” includes separate equipment used to store or deliver cleaning and sanitizing solutions to the food contact surfaces.

ATCP 70.02(8) (8) “Canning” means the preservation and packaging in hermetically sealed containers of low-acid or acidified foods.

ATCP 70.02(9) (9) “Cold-process smoked fish” or “cold-process smoke flavored fish” means fish which is treated with smoke or smoke flavoring to give it a smoked flavor, but which is not fully cooked or heat treated to coagulate protein in fish loin muscle. “Cold-process smoked fish” or “cold-process smoke flavored fish” may not be heated above 90° F during processing because the safety of the treatment is partially dependent on the survival of harmless microorganisms indigenous to the fish.

ATCP 70.02(10) (10) “Confectionary” means any place where candy, fruit, nut meats, or any other food product is manufactured, coated, or filled with saccharine substances for sale as food.

ATCP 70.02(11) (11) “Continuous operation” means operating without interruption beyond 24 hours, with no interruptions after 24 hours longer than a period approved by the department.

ATCP 70.02(12) (12) “Critical control point” means a step in food processing at which a failure to monitor a food safety parameter such as pH, temperature, time, or water activity (aw), or a failure to control any food safety parameter within critical limits or according to specific criteria, may result in the unacceptable risk of a potentially adverse impact on human health.

ATCP 70.02(13) (13) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 70.02(14) (14) “Equipment” means an implement, vessel, machine, or apparatus, other than a utensil, which has one or more food contact surfaces and is used in the handling or processing of food at a food processing plant. “Equipment” includes C-I-P systems.

ATCP 70.02(15) (15) “Facility” as used in s. ATCP 70.04 has the meaning given in 21 CFR 117.3.

ATCP 70.02(16) (16) “Fish” means fresh or saltwater finfish; crustaceans; forms of aquatic life other than birds or mammals including, but not limited to, alligators, frogs, aquatic turtles, jellyfish, sea cucumber, sea urchin, and their roe; and all mollusks, if intended for human consumption.

ATCP 70.02(17) (17) “Fish processing plant” means a food processing plant which produces processed fish or fishery products.

ATCP 70.02(18) (18) “Fishery product” means any human food product in which fish is a characterizing ingredient.

ATCP 70.02(19) (19) “Food” means:

ATCP 70.02(19)(a) (a) Articles ingested as food or drink by persons.

ATCP 70.02(19)(b) (b) Chewing gum.

ATCP 70.02(19)(c) (c) Components of articles specified in pars. (a) and (b).

ATCP 70.02(20) (20) “Food contact surface” means any surface of equipment, utensils, or food packages with which food normally comes in direct contact, or from which materials may drain, drip, or otherwise be drawn into or onto food.

ATCP 70.02(21) (21) “Food package” means the immediate container in which food is sold or shipped from a food processing plant. “Food package” includes a bulk container or shipping container which has one or more food contact surfaces.

ATCP 70.02(22) (22) “Food processing” means the manufacture or preparation of food for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. “Food processing” includes the activities of a bakery, confectionary, vending machine commissary licensed under s. 97.605, Stats., or bottling establishment, and also includes the receipt and salvaging of distressed food for sale or use as food. It also includes the packaging of seeds that have been harvested, and dried after the harvest for sale as food. These seeds include unpopped popcorn whether shelled or on the cob, black beans, wild rice, sunflower seeds, pumpkin seeds, and soybeans. “Food processing” does not include any of the following:

ATCP 70.02(22)(a) (a) Activities performed under a dairy plant license issued under s. 97.20, Stats.

ATCP 70.02(22)(b) (b) Activities performed under a meat establishment license issued under s. 97.42, Stats.

ATCP 70.02(22)(c) (c) The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a retail food establishment license issued under s. 97.30, Stats., or other license issued under s. 97.605, Stats.

ATCP 70.02(22)(d) (d) Activities inspected by the United States department of agriculture under 21 USC 601 et seq. or 21 USC 451 et seq.

ATCP 70.02(22)(e) (e) The extraction of honey from the comb, or the production and sale of raw honey or raw bee products by a beekeeper from their own apiaries.

ATCP 70.02(22)(f) (f) The washing and packaging of fresh fruits and vegetables if the fruits and vegetables are not otherwise processed at the packaging establishment.

ATCP 70.02(22)(g) (g) The receipt and salvaging of distressed food for sale or use as food if the food is received, salvaged, and used solely by a charitable organization, and if contributions to the charitable organization are deductible by corporations in computing net income under s. 71.26 (2) (a), Stats.