Chapter ATCP 70

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.

ATCP 70.20(3)(a)6. 6. Chemical treatment of the reclaimed water, if any, complies with sub. (4).

ATCP 70.20(3)(a)7. 7. The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that will not contaminate the water and can be easily cleaned.

ATCP 70.20(3)(a)8. 8. The operator tests the reclaimed water for compliance with subds. 1. to 4. at least once during any 6 month interval. The operator shall test the reclaimed water daily for 14 working days after the department approves the reclamation system under subd. 1., and for at least 7 working days after any repairs or alterations to the system.

ATCP 70.20(3)(a)9. 9. There are no cross-connections between reclaimed water lines and any public or private water system.

ATCP 70.20(3)(b) (b) 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 operations water with department approval if the water complies with par. (a) or if all of the following apply:

ATCP 70.20(3)(b)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)(b)2. 2. The water, if reclaimed from the condensation of food products, has a standard turbidity of less than 5 units, an electrical conductivity maintained in correlation with organic content of less than 12 mg. per liter, or an organic content of less than 12 mg. per liter, as measured by the chemical oxygen demand or permanganate-consumed test as 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)(b)3. 3. 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.

ATCP 70.20(3)(b)4. 4. Chemical treatment of the reclaimed water, if any, complies with sub. (4).

ATCP 70.20(3)(b)5. 5. The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that will not contaminate the water and can be easily cleaned.

ATCP 70.20(3)(b)6. 6. There are no cross-connections between reclaimed water lines and any public or private water system, except for lines with backflow preventers that meet the requirements of chs. SPS 382 and 384.

ATCP 70.20(3)(b)7. 7. The reclaimed water, if held for more than 24 hours, is at all times held at a temperature of at least 145nF (63n C) or is chemically treated under sub. (4) to suppress bacterial growth.

ATCP 70.20(3)(b)8. 8. Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water.”

ATCP 70.20(3)(b)9. 9. The operator posts clear instructions for the use of the reclaimed water. The operator shall post the instructions so that they will be seen and understood by persons using the reclaimed water. The instructions shall disclose the limited purposes for which the reclaimed water may be used.

ATCP 70.20(3)(b)10. 10. Water lines distributing the reclaimed water are not permanently connected to food product vessels. If a water line is temporarily connected to a food product vessel, there shall be an atmospheric break and automatic controls to prevent the reclaimed water from contacting food products.

ATCP 70.20(3)(c) (c) Water reclaimed from food processing operations may be used for cleaning or other purposes but may not be used for any purpose involving contact with food or food contact surfaces except as provided in par. (a) or (b).

ATCP 70.20(4) (4) Water treatment.

ATCP 70.20(4)(a) (a) An operator may not use any chemical to suppress bacterial growth in water, or to prevent off-tastes or odors in water, unless that chemical is approved for that purpose by the U.S. environmental protection agency. Neither the chemical as applied, nor any compound produced by the chemical application, may adulterate food in the food processing plant in which it was used.

ATCP 70.20(4)(b) (b) An operator shall apply chemicals, under par. (a), according to label directions using an automatic proportioning device. Treated water shall be held for the period of time specified on the chemical label before it is used as ingredient water or operations water. An operator shall conduct a daily testing program for any chemical added to water, to ensure that the chemical concentration does not adulterate food.

ATCP 70.20(5) (5) Re-circulated water systems.

ATCP 70.20(5)(a) (a) If re-circulated water used in a cooler or heat exchanger may come in contact with any food product or food contact surface, the re-circulated water shall be all of the following:

ATCP 70.20(5)(a)1. 1. Obtained from a source that complies with chs. NR 811 or 812, as applicable.

ATCP 70.20(5)(a)2. 2. Bacteriologically safe.

ATCP 70.20(5)(a)3. 3. Protected from contamination.

ATCP 70.20(5)(a)4. 4. Tested by the operator for compliance with subd. 2. at 6 month intervals.

ATCP 70.20(5)(b) (b) If a re-circulating water system, under par. (a), becomes contaminated, that system may not be used until it is properly treated and analytical results indicate that the contamination has been eliminated.