Chapter ATCP 70

ATCP 70.10(6) (6) Consumption of food, beverages, and tobacco. No person may consume food, beverages, or tobacco in any food processing area, or in any area where food processing equipment or utensils are cleaned or stored. Employees may not consume food, beverages, or tobacco except in designated areas which are separated from food processing areas. This subsection does not prohibit a sanitary water fountain in a processing area, nor does it prohibit on-line quality control sampling in accordance with quality control procedures written and followed by the license holder.

ATCP 70.10 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (b), (2) (e) 3. made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.12 ATCP 70.12 Equipment and utensils.

ATCP 70.12(1) (1) Construction and maintenance; general. Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that they can be easily cleaned. Equipment and utensils shall be kept clean and in good repair. This subsection does not apply to a maple sap concentration facility licensed as a food processing plant that is required to meet the provisions of s. ATCP 87.26.

ATCP 70.12(2) (2) Food contact surfaces. Food contact surfaces of equipment and utensils shall be constructed of stainless steel or other materials which are smooth, impervious, nontoxic, noncorrosive, nonabsorbent, and durable under normal use conditions. Food contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks, or similar defects. Food contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Food contact surfaces, other than food contact surfaces of approved C-I-P systems, shall be readily accessible for manual cleaning. Joints and fittings shall be of sanitary design and construction.

ATCP 70.12 Note Note: Hard maple or other material which is non-absorbent may be used for cutting blocks, boards, and bakers’ tables. Sanitary wooden paddles in good condition may be used in confectionaries.

ATCP 70.12(3) (3) C-I-P systems. C-I-P systems shall be of sanitary design and construction, and shall be installed and maintained for sanitary operation. A C-I-P system shall be installed and maintained so that cleaning and sanitizing solutions can be circulated throughout all interior product contact surfaces of the system. C-I-P systems shall be equipped with adequate inspection ports or other access points. C-I-P systems shall be self-draining, or shall be capable of being easily and completely drained. A temperature recording device, which accurately records the return temperatures of cleaning and sanitizing solutions, shall be installed in all circuits through which cleaning and sanitizing solutions are circulated. Cleaning records shall be kept for at least 90 days after they are created.

ATCP 70.12(4) (4) Location and installation of equipment. Equipment that cannot be easily moved shall be installed in a manner preventing liquid or debris from accumulating under or around the equipment. Equipment shall be installed so there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container designed and installed to protrude into or through the wall or ceiling of a food processing plant. Air intake vents for food or ingredient storage containers shall be located in processing areas or shall be properly filtered.

ATCP 70.12(5) (5) Measuring devices and controls. Every freezer and cold storage compartment used to store or hold potentially hazardous food shall be equipped with a thermometer or other device accurately indicating the temperature in the compartment. Instruments and controls used for measuring, regulating, and recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate and adequate for their intended use.

ATCP 70.12(6) (6) Lubrication. Equipment shall be designed and constructed so gear and bearing lubricants do not come in contact with food or food contact surfaces. Only food grade lubricants may be used in equipment if incidental food contact may occur.

ATCP 70.12 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.

ATCP 70.14 ATCP 70.14 Cleaning and sanitizing equipment and utensils.

ATCP 70.14(1) (1) General. Except as provided in ss. ATCP 70.16 and 70.40, the operator shall do all of the following:

ATCP 70.14(1)(a) (a) Comply with provisions in s. ATCP 70.28 for sanitizers and methods used to sanitize equipment and utensils.

ATCP 70.14(1)(b) (b) Except as provided in pars. (c), (d) and (e), clean all food contact surfaces of equipment and utensils after each day’s use, and before any change in use that may cross-contaminate food with major food allergens or other contaminants. If wet cleaning occurs, surfaces must also be sanitized.

ATCP 70.14(1)(c) (c) Clean and sanitize tanks, used to store potentially hazardous food or potentially hazardous food ingredients, at least once after the food processing plant operator empties those tanks.

ATCP 70.14(1)(d) (d) Clean and sanitize all food contact surfaces of equipment used for the distillation of alcohol products, such as distilled spirits, after each distillation batch. This paragraph does not apply to equipment used to distill smoke for the manufacture of liquid smoke products.

ATCP 70.14(1)(e) (e) Request alternative cleaning and sanitizing procedures for department approval, under ss. ATCP 70.16 and 70.18, as provided in those sections.

ATCP 70.14(2) (2) Cleaning and sanitizing c-i-p systems. C-I-P systems shall be cleaned and sanitized in compliance with manufacturer specifications. Cleaning and sanitizing records shall be maintained for all C-I-P systems. The records shall identify every C-I-P system which has been cleaned or sanitized, the date and time when each C-I-P system was cleaned and sanitized, the temperature of the cleaning and sanitizing solutions, and the length of time for which the C-I-P system was exposed to each cleaning and sanitizing solution. Records shall be signed or initialed by a responsible person, maintained on file for at least 90 days, and made available for inspection and copying by the department upon request.

ATCP 70.14(3) (3) Cleaning compounds, detergents, and sanitizers: storage and labeling. Cleaning compounds, detergents, and sanitizers shall be clearly labeled. When they are not being used, they shall be stored in designated areas and in an appropriate manner so that they do not contaminate food products, ingredients, equipment, or utensils.

ATCP 70.14(4) (4) Storage of clean equipment and utensils. Equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so as to drain dry. Equipment and utensils shall be protected from contamination prior to use.

ATCP 70.14(5) (5) Single-service articles. Single-service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination prior to use. Single-service articles shall not be re-used.

ATCP 70.14(6) (6) Equipment and utensils in egg handling facilities. Equipment for candling, grading, and weighing eggs shall meet the requirements of s. ATCP 88.12 (5).

ATCP 70.14(7) (7) Equipment and utensils in maple sap concentration facilities. The equipment and utensils in a facility used solely for the concentration of maple sap shall conform to the applicable regulations in s. ATCP 87.26.

ATCP 70.14 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (b) made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.16 ATCP 70.16 Cleaning and sanitizing equipment and utensils; exemptions.

ATCP 70.16(1) (1) Approval required for an alternative cleaning and sanitizing frequency.

ATCP 70.16(1)(ag) (ag) Except as provided in sub. (2) or s. ATCP 70.40, if an operator seeks to clean and sanitize equipment and utensils at a frequency other than that required in s. ATCP 70.14 (1), because the equipment and utensils are used with food products, processes, or conditions reducing the risk of foodborne illness or presence of major food allergens, then the operator shall submit to the department, for written approval, an alternate cleaning and sanitizing procedure that includes a monitoring and recording requirement in compliance with s. ATCP 70.18.

ATCP 70.16(1)(ar) (ar) Factors reducing the risk of foodborne illness may include competitive microorganisms, intended use or targeted consumer demographic, inhibitory compounds, temperatures, and any other factors that reduce the risk of pathogenic organism growth or toxin formation.

ATCP 70.16(1)(b) (b) After review by the department, the proposed process may be denied and the department shall issue a letter of denial. If the alternate cleaning and sanitizing procedure is approved, the department shall issue a letter of approval, applicable for not more than 5 years, which shall be maintained on file at the food processing plant.

ATCP 70.16(1)(c) (c) If a change is planned for the product or any process that affects the critical factors ensuring the safety of that product, the operator shall inform the department in writing prior to making a change.

ATCP 70.16(2) (2) No approval required for an alternative cleaning and sanitizing frequency. An operator is not required to obtain written department approval for use of an alternative equipment and utensil cleaning and sanitizing frequency for the following equipment, provided that the operator cleans and sanitizes the equipment according to manufacturer specifications or according to a validated cleaning process filed with the department:

ATCP 70.16(2)(a) (a) Drying equipment.

ATCP 70.16(2)(b) (b) Cloth-collector systems.

ATCP 70.16(2)(c) (c) Dry product packaging equipment and storage containers.

ATCP 70.16(2)(d) (d) Equipment used in brining, aging, curing, and dry product blending processes.

ATCP 70.16(2)(e) (e) Food contact surfaces of equipment used solely to process foods or food ingredients with low water activity (£ 0.85), or foods which are considered non-Potentially Hazardous Food (non-PHF/non-TCS) foods based on (2) (b) Table A or Table B for Potentially Hazardous Food (time/temperature control for safety food) in par. 1-201.10 (B) of ch. ATCP 75 Appendix, such as chocolate, fats and oils, liquid nutritive sweeteners, peanut butter, or similar foods.

ATCP 70.16(2)(f) (f) Ice makers maintained in a cold/frozen state.

ATCP 70.16(2)(g) (g) Food contact surfaces of equipment used for brewing or fermentation of alcohol-containing beverages, such as beer brewing or wine fermentation, so long as the operator cleans and sanitizes equipment used following each brewing or fermentation batch.

ATCP 70.16(2)(h) (h) Surfaces of aseptic processing equipment that contact food after the food has been sterilized, as long as system sterility is maintained. If system sterility is lost, an operator shall clean, sanitize and re-sterilize equipment.

ATCP 70.16(2)(i) (i) Equipment used for food fermentations such as the manufacture of sauerkraut or cucumber pickles, development of one or more pure bacterial cultures, or development of starter cultures, so long as the operator cleans and sanitizes all equipment following each fermentation batch.

ATCP 70.16(2)(j) (j) Equipment used for processing of products with a natural pH £ 4.0, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 30 days (720 hours).

ATCP 70.16(2)(k) (k) Equipment used for maple syrup processing, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 40 days (960 hours).

ATCP 70.16(2)(L) (L) Equipment used for bottled water processing, so long as the operator cleans and sanitizes all equipment at the end of a continuous operation, not to exceed 30 days (720 hours).

ATCP 70.16 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; (1) (intro.), (a) renum. to (1) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., Register January 2020 No. 769.

ATCP 70.18 ATCP 70.18 Obtaining approval of alternative cleaning and sanitizing frequency.

ATCP 70.18(1) (1) Submission of request for approval of alternative cleaning and sanitizing frequency.

ATCP 70.18(1)(am) (am) An operator may submit a written request for the department to approve alternative cleaning and sanitizing procedures. The request shall include all of the following, and any other information required by the department:

ATCP 70.18(1)(am)1. 1. A clear and complete description of the affected food processing equipment and utensils, including any continuously-operated equipment. The description shall identify sanitary design features relevant to the proposed cleaning and sanitizing procedures.

ATCP 70.18(1)(am)2. 2. The types of food produced with the affected equipment or utensils, the purposes for which the food will be used, and the temperatures at which the food will be prepared, stored, and distributed.

ATCP 70.18(1)(am)3. 3. A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.

ATCP 70.18(1)(am)4. 4. A written statement, by the operator, that the alternative cleaning and sanitizing procedure has been determined by competent authority, such as evaluated by a process authority or validated by a published or unpublished peer-reviewed article, challenge studies, or regulatory standards, to be effective in preventing food contamination and ensuring the microbiological safety of food.

ATCP 70.18(1)(am)5. 5. A written plan, used to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing food contamination and ensuring the microbiological safety of food, that identifies and assess foreseeable hazards, identifies critical control points, identifies critical safety parameters and limits, and identifies monitoring procedures and controls to ensure that the procedure is effective and appropriately implemented.

ATCP 70.18(1)(bm) (bm) The department may approve a proposal for an alternative cleaning and sanitizing procedure that does not comply with par. (am) if the operator can show that the procedure will be effective in preventing food contamination and ensuring the safety of food. The department shall give its approval in writing.

ATCP 70.18(2) (2) Department decision on request for approval of alternative cleaning and sanitizing frequency. The department shall grant or deny a request under sub. (1) or (4) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.

ATCP 70.18(3) (3) Qualifications, limits, and withdrawal of department approval. The department may qualify or limit its approval under sub. (2), as it deems appropriate. The department may withdraw its approval for cause, including obtaining information that casts doubt on the efficacy or consistent implementation of the approved procedure or observing changes in operations that could affect the validity of the procedures or process.

ATCP 70.18(4) (4) Expiration of department approval of alternative cleaning and sanitizing frequency.

ATCP 70.18(4)(a) (a) All approvals granted under this section shall expire 5 years from the date of issuance.

ATCP 70.18(4)(b) (b) A license holder who wishes to continue to use an alternative cleaning and sanitizing frequency after the expiration of the approval shall file a request with the department for reissuance of the approval at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.

ATCP 70.18(4)(c) (c) When a license holder has made timely and sufficient application for the reissuance of an approval of alternative cleaning and sanitizing frequency, or for the approval of a new request with reference to any activity of a continuing nature, the existing approval does not expire until the application has been finally acted upon by the department, or, if the application is denied or the terms of the new request are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court.

ATCP 70.18(4)(d) (d) Approval shall be reissued by the department if the proposal continues to meet the criteria in sub. (1) or if the food processing plant operator updates the original proposal to ensure compliance with the criteria in sub. (1).

ATCP 70.18(5) (5) Operation of an alternative cleaning and sanitizing frequency. An operator that implements an alternative cleaning and sanitizing procedure approved under sub. (2) shall do all of the following:

ATCP 70.18(5)(a) (a) Control and monitor the procedure to ensure that it is strictly implemented as approved, and is effective in preventing food contamination and ensuring the microbiological safety of food.

ATCP 70.18(5)(b) (b) Promptly notify the department of any material deviation from the approved procedure, and any information that casts doubt on the efficacy of the procedure.

ATCP 70.18(5)(c) (c) Collect and retain data and records to document, on a continuing basis, the implementation and efficacy of the approved procedure. The operator shall retain the data and records for at least 90 days, and shall make them available upon request for inspection and copying by the department.

ATCP 70.18 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; (1) (intro.) and (a) to (f) renum. to (1) (am), 1. to 5., and (b) under s. 13.92 (4) (b) 1., corrections in (1) (am) 5., (f), (2), (4) (a) made under s. 35.17, Stats., and correction in (1) (bm) made under s. 13.92 (4) (b) 7., Stats., Register January 2020 No. 769.

ATCP 70.20 ATCP 70.20 Water supply.

ATCP 70.20(1) (1) Operations water.

ATCP 70.20(1)(a) (a) Operations water, other than water reclaimed according to sub. (3), shall be obtained from a source that complies with ch. NR 811, for municipal water systems, or ch. NR 812, for private or non-community water systems.

ATCP 70.20(1)(b) (b) Operations water shall be available in consistently adequate quantity, and shall not exceed the maximum contaminant levels set forth in the drinking water standards in s. NR 809.07.

ATCP 70.20(1)(c) (c) Operations water sourced from either municipal, private, or non-community water systems shall comply with the microbiological standards under s. NR 809.30. Operations water from a privately owned water system shall be sampled by the operator not less than once every 12 months and be tested at a laboratory that is certified to perform the appropriate tests.

ATCP 70.20(1)(d) (d) An operator shall keep on file, for at least one year, the results of all microbiological and other tests conducted on operations water sampled at the food processing plant.

ATCP 70.20(1)(e) (e) Operations water used to wash field soil from raw fruits or vegetables may be reused for the following purposes if it is first filtered to remove soil and other particulate matter:

ATCP 70.20(1)(e)1. 1. Washing subsequent deliveries of raw fruit or vegetables at the food processing plant if the fruit or vegetable will undergo canning.

ATCP 70.20(1)(e)2. 2. Flushing floors and gutters in the receiving areas for raw fruit or vegetables in the food processing plant.

ATCP 70.20(1)(f) (f) This subsection does not apply to food processing plants processing liquid maple products, as defined in s. ATCP 87.11 (7), or maple sap water, as defined in s. ATCP 87.11 (9), that are required to meet the provisions of s. ATCP 87.24.

ATCP 70.20(2) (2) Ingredient water.

ATCP 70.20(2)(a) (a) Ingredient water, other than water reclaimed according to sub. (3), shall be obtained from a source that complies with ch. NR 811, for municipal water systems, or ch. NR 812 for private or non-community water systems. Water reclaimed from food processing operations may not be used as an ingredient in bottled drinking water or in any beverage where water is a characterizing ingredient.

ATCP 70.20(2)(b) (b) Ingredient water obtained from either municipal, private, or non-community water systems shall not exceed the maximum contaminant levels set forth in the drinking water standards in s. NR 809.07, the microbiological standards in s. NR 809.30, and the health-related enforcement standards in s. NR 140.10. At the department’s request, an operator shall provide documentation to the department that the water complies with the microbiological standards of s. NR 809.30. Documentation may consist of results from tests performed at a laboratory certified under ch. ATCP 77 for the entity providing the water.

ATCP 70.20(2)(c) (c) If ingredient water is obtained from a privately owned water system, the operator shall sample the water at least once every 12 months, and have the sample tested at a laboratory that is certified to perform the appropriate tests.

ATCP 70.20(2)(d) (d) An operator shall keep on file, for at least 5 years, the results of all microbiological and other tests conducted on ingredient water sampled at the food processing plant.

ATCP 70.20(3) (3) Reclaimed water.

ATCP 70.20(3)(a) (a) Water reclaimed from a heat exchanger process, from a compressor cooling unit, from the condensation of food products, or from other food processing plant systems or processes may be used as ingredient water if all of the following apply:

ATCP 70.20(3)(a)1. 1. The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration, a heat exchanger, or another method approved by the department.

ATCP 70.20(3)(a)2. 2. The reclaimed water has less than 1 coliform bacterium per 100 ml. of water.

ATCP 70.20(3)(a)3. 3. The standard plate count of the reclaimed water does not exceed 500 per ml. of water and complies with the bacteriological standards of s. NR 809.30.

ATCP 70.20(3)(a)4. 4. The water, if reclaimed from the condensation of food products, has a standard turbidity of less than 5 units or organic content of less than 12 mg. per liter, as measured by the chemical oxygen demand or permanganate-consumed test specified in Standard Methods for the Examination of Water and Wastewater, twenty-first edition (2005), published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. The operator shall use an automatic fail-safe monitoring device to identify, and automatically divert to a waste water system, any reclaimed water that fails to comply with this subdivision.

ATCP 70.20 Note Note: Copies of the Standard Methods for the Examination of Water and Wastewater, twenty-first edition (2005), published by the American Public Health Association (APHA), the American Water Works Association, and the Water Environment Federation, are on file with the department and the legislative reference bureau. Copies may be obtained by contacting the “APHA Bookstore” at www.apha.org/publications/bookstore/.

ATCP 70.20(3)(a)5. 5. The reclaimed water is of satisfactory organoleptic quality and has no off-odors, off-flavors, or slime. The operator shall sample and organoleptically test reclaimed water at weekly intervals.