Chapter ATCP 70

ATCP 70.50 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1), (2) (a), (c) made under s. 35.17, Stats., Register January 2020 No. 769.

subch. V of ch. ATCP 70 Subchapter V — Bottling Establishments; Supplementary Requirements

ATCP 70.52 ATCP 70.52 Bottling establishments; general. Bottling establishments shall comply with subch. II and this subchapter. Bottling establishments producing bottled water shall comply with 21 CFR part129.

ATCP 70.52 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.54 ATCP 70.54 Returnable and single-service bottles. Bottles shall comply with food package requirements under s. ATCP 70.26 (1). Returnable bottles shall be cleaned, sanitized, and inspected in compliance with s. ATCP 70.26 (2) and (3). Single service bottles shall comply with s. ATCP 70.26 (4).

ATCP 70.54 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction made under s. 35.17, Stats., Register January 2020 No. 769.

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

ATCP 70.56(1) (1) Sampling and analysis. The operator of a bottled water plant shall collect and analyze samples of bottled product for the following contaminants at the following minimum frequency, and more frequently if necessary, to provide reasonable assurance of compliance with this subsection:

ATCP 70.56(1)(a) (a) A weekly total coliform analysis. Pursuant to 21 CFR 129.80 (g) (1), a positive total coliform analysis requires follow-up testing for E. coli and, pursuant to 21 CFR 165.110 (b) (2) (B), if E. coli is present the bottled water will be deemed adulterated.

ATCP 70.56(1)(b) (b) An annual physical analysis pursuant to 21 CFR 165.110 (b) (3) for turbidity, color, and odor analysis.

ATCP 70.56(1)(c) (c) An annual chemical analysis pursuant to 21 CFR 165.110 (b) (4).

ATCP 70.56(1)(d) (d) An annual radiological analysis pursuant to 21 CFR 165.110 (b) (5).

ATCP 70.56(2) (2) Reporting of analytical results. A processor of bottled water shall report the results of all required analyses, under sub. (1), to the department, for each license year upon request. If the result of any individual analysis exceeds the established enforcement standard, the bottled water processor shall submit a copy of that analytical report to the department within 7 days of the completion of the analysis.

ATCP 70.56 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.

ATCP 70.58 ATCP 70.58 Labeling bottled products. Bottled products shall be labeled according to s. ATCP 70.26 (5). Bottled water shall also be labeled according to 21 CFR 165.110. Juice shall be labeled according to 21 CFR part 120, and any applicable regulations found in this chapter.

ATCP 70.58 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction made under s. 35.17, Stats., Register January 2020 No. 769.

subch. VI of ch. ATCP 70 Subchapter VI — Juice and Juice HACCP

ATCP 70.60 ATCP 70.60 Juice and Juice HACCP.

ATCP 70.60(1) (1) Applicable regulations. Food processing plants producing and packaging or bottling juice shall comply with subch. II and this subchapter. Food processing plants engaged in juice processing and packaging or bottling shall comply with 21 CFR part 120.

ATCP 70.60(2) (2) Labeling requirements. A juice label may not misrepresent that juice has been pasteurized or has undergone a process equivalent to pasteurization. A juice label may not represent as “fresh” any juice that has been treated with ultra-violet light.

ATCP 70.60 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction made under s. 35.17, Stats., Register January 2020 No. 769.

subch. VII of ch. ATCP 70 Subchapter VII — Effect of Rules on Local Ordinances

ATCP 70.62 ATCP 70.62 Effect of rules on local ordinances.

ATCP 70.62(1) (1) Non-conflicting local ordinances permitted. This chapter does not prohibit or nullify any local government ordinance with which it is not in direct conflict as provided in sub. (2).

ATCP 70.62(2) (2) Preemption of conflicting local ordinances. If this chapter conflicts directly with any local government ordinance, so that it is impossible to comply with one except by violating the other, this chapter controls.

ATCP 70.62(3) (3) Duty to comply. Compliance with local government ordinances does not relieve any person from the duty of complying with this chapter.

ATCP 70.62 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.

subch. VIII of ch. ATCP 70 Subchapter VIII — Variances

ATCP 70.64 ATCP 70.64 Variances.

ATCP 70.64(1) (1) Issuance. The department may issue a written waiver granting a variance from a construction, equipment, utensils, processing or procedure standard under this chapter if the department finds that the variance is reasonable and necessary under the circumstances, and that it will not compromise the purpose served by the construction, equipment, or processing standards. The administrator of the department’s division of food and recreational safety may issue a waiver on behalf of the department. The department shall keep a copy of the waiver on file for as long as the waiver remains in effect.

ATCP 70.64(2) (2) Submission of request for a variance. A variance request shall be submitted to the department through the sanitarian assigned by the department to inspect the food processing plant, and shall include all validation documents as well as a HACCP plan required under 21 CFR part 120 or 123, if applicable; or food safety preventive controls plan as required under 21 CFR 117, Subpart C, if it is for a waiver of accepted processing protocols.

ATCP 70.64(3) (3) Department decision on request for a variance. The department shall grant or deny a request under sub. (2) 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 70.64(4) (4) Duration, expiration, and reissuance.

ATCP 70.64(4)(a) (a) Waivers to construction and maintenance standards under s. ATCP 70.08 shall remain in effect as long as no material changes to construction or maintenance of the food processing plant result in failure to meet the standard in s. ATCP 70.08 (1). All waivers to standards under ss. ATCP 70.10 to 70.32 granted under this section shall expire five years from the date of issuance.

ATCP 70.64(4)(b) (b) A license holder who wishes to continue a variance to standards under ss. ATCP 70.10 to 70.32 after the expiration of the waiver shall file a request with the department for reissuance of the waiver at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.

ATCP 70.64(4)(c) (c) When a license holder has made timely and sufficient application for the reissuance of a waiver or a new variance request with reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department, and, 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 70.64(4)(d) (d) A waiver shall be reissued by the department if the equipment, utensils, processes, or procedures described in it continue to meet the criteria in sub. (1) or if the food processing plant operator updates the original variance request to ensure compliance with the criteria in sub. (1).

ATCP 70.64 History History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (2), (3), (4) (a) made under s. 35.17, Stats., Register January 2020 No. 769.