Chapter ATCP 70

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 145°F (63° 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.

ATCP 70.20(5)(c) (c) Freezing point depressants used in re-circulating water systems, under par. (a), shall be nontoxic.

ATCP 70.20(6) (6) Water and potable liquids transported in bulk.

ATCP 70.20(6)(a) (a) Water transported to a food processing plant in a bulk tanker or bulk container, for use as an ingredient or in other plant operations, shall be potable and shall be obtained from a source that complies with ch. NR 811 or 812.

ATCP 70.20(6)(b) (b) Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, it shall be loaded, transported, and unloaded in a sanitary manner that prevents contamination. The bulk tanker or bulk container shall be thoroughly cleaned and sanitized before being filled. Suitable pumps, hoses, and fittings shall be used to transfer potable water and potable liquids to and from bulk tankers, and bulk containers, and shall be cleaned and sanitized prior to use.

ATCP 70.20(6)(c) (c) Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, the bulk tanker or bulk container and each of its fittings and equipment shall meet all of the following requirements:

ATCP 70.20(6)(c)1. 1. It shall be properly constructed and maintained to prevent contamination of the potable water or potable liquid. Water contact surfaces shall comply with s. ATCP 70.12 (2).

ATCP 70.20(6)(c)2. 2. It shall be cleaned, sanitized, and inspected on a routine basis.

ATCP 70.20(6)(c)3. 3. It may not be used to transport materials that may contaminate potable water or potable liquid that is subsequently transported in the bulk tanker or bulk container.

ATCP 70.20(6)(c)4. 4. It shall be effectively sealed to protect the potable water or potable liquid from contamination during transit.

ATCP 70.20 Note Note: Effective sealing systems include manhole cover gaskets and seals.

ATCP 70.20(6)(c)5. 5. It shall be properly stored and serviced to prevent contamination. When not in use, pumps, hoses, and fittings shall be properly maintained, capped, stored, and protected from contamination.

ATCP 70.20(7) (7) Culinary steam. Water used to produce culinary steam shall be potable. Water reclaimed from food processing operations may not be used to produce culinary steam unless it complies with sub. (3) (a) or (b). In boilers used to produce culinary steam, boiler water additives shall comply with 21 CFR 173.310.

ATCP 70.20(8) (8) Ice. Ice used to cool or maintain the temperature of foods shall be made from potable water. Ice used to cool or maintain the temperature of ready-to-eat foods shall not have been previously used for any other purpose. Ice shall be received, handled, and stored in a manner to prevent contamination or adulteration. Any ice which is not made on site shall be inspected upon receipt, and rejected if it is delivered in a way that has not adequately protected the ice from contamination.

ATCP 70.20 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) (c), (2) (c), (6) (a) made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.22 ATCP 70.22 Food ingredients.

ATCP 70.22(1) (1) General. Food ingredients shall be safe, wholesome, and unadulterated, and shall comply with applicable standards of identity under s. 97.09, Stats. Raw agricultural commodities and other food ingredients shall be segregated and examined as necessary to determine whether they are clean and fit for processing. Processed foods and dairy products which are used as food ingredients shall be obtained from sources which comply with applicable licensing and inspection requirements.

ATCP 70.22(2) (2) Eggs and egg products. Only clean whole eggs, pasteurized eggs in liquid, frozen or dry form, or pasteurized egg products may be used in food processing. Eggs and egg products may be pasteurized during processing. Clean whole eggs shall be equivalent to USDA Grade B or better with shells intact.

ATCP 70.22 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.

ATCP 70.24 ATCP 70.24 Food handling and storage.

ATCP 70.24(1) (1) General. Food shall be protected from contamination and decomposition while being processed, handled, conveyed, or held at a food processing plant. Food shall be processed and held in a manner which keeps the food in a safe, wholesome, and unadulterated condition. Potentially hazardous foods shall be processed and held at temperatures, or in a manner, which minimizes the potential for growth of undesirable microorganisms.

ATCP 70.24(2) (2) Food storage. Food storage areas shall be maintained in a clean, sanitary, and orderly condition, free from conditions which may result in the adulteration of food. Potentially hazardous foods shall be stored at safe temperatures. Storage areas shall be constructed and maintained so that waste water and other waste liquids do not drain into, or accumulate in, any storage area. Food shall not be stored in a manner which may attract or harbor pests.

ATCP 70.24(3) (3) food processing.

ATCP 70.24(3)(a) (a) Food processing shall be conducted under appropriate conditions and controls to minimize the potential for growth of undesirable microorganisms, or the contamination of food.

ATCP 70.24 Note Note: One way to comply with this requirement is to follow a HACCP plan which monitors and controls food safety variables at critical control points in the manufacturing process. Monitoring and controlling food safety variables such as time, temperature, humidity, water activity (aw), pH, pressure, and flow rate at critical control points can ensure that mechanical breakdowns, time delays, temperature fluctuations, and other conditions do not contribute to the decomposition or contamination of food.

ATCP 70.24(3)(b) (b) If potentially hazardous food is heated, refrigerated, or frozen in the course of processing, the internal temperature of the food shall be accurately monitored, as necessary, to ensure that safe temperatures are promptly attained and maintained.

ATCP 70.24(3)(c) (c) Potentially hazardous frozen foods, if thawed for processing, shall be thawed by one of the following methods:

ATCP 70.24(3)(c)1. 1. By placing the frozen food in a refrigerated space at a temperature of not more than 41° F (5° C).

ATCP 70.24(3)(c)2. 2. Placing the frozen food under potable running water, at a temperature of not more than 70° F (21° C), for no more time than is needed to thaw the food. Water velocity shall be sufficient to agitate loose particles and drain or float them away from the food being thawed.

ATCP 70.24(3)(c)3. 3. By microwave heating, if the food is fully cooked in the microwave oven, or if cooking is immediately completed in another cooking facility.

ATCP 70.24(3)(c)4. 4. In any cooking facility, as part of the process by which the food is fully cooked.