Chapter ATCP 71

Register April 2008 No. 628

Chapter ATCP 71

FOOD WAREHOUSES AND MILK DISTRIBUTORS

ATCP 71.01   Definitions.

ATCP 71.02   Food warehouse license; fees.

ATCP 71.025   Shellfish licensee dealer certification.

ATCP 71.03   Construction and sanitary maintenance.

ATCP 71.04   Personnel standards.

ATCP 71.05   Food storage and handling.

ATCP 71.06   Records.

ATCP 71.10   Milk distributors; license and fees.

Ch. ATCP 71 Note Note: Chapter Ag 42 was renumbered ch. ATCP 71 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 71 Note Note: Chapter ATCP 71 as it existed on June 30, 1994, was repealed and a new chapter ATCP 71 was created effective July 1, 1994.

ATCP 71.01 ATCP 71.01 Definitions. As used in this chapter:

ATCP 71.01(1) (1) “Cold storage warehouse” has the meaning specified in s. 97.27 (1) (a), Stats.

ATCP 71.01(2) (2) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 71.01(2m) (2m) “Facility” has the meaning given in 21 CFR 117.3.

ATCP 71.01(3) (3) “Food” has the meaning specified in s. 97.01 (6), Stats.

ATCP 71.01(4) (4) “Food warehouse” means a warehouse used for the storage of food, and includes a cold storage warehouse, frozen food warehouse, and frozen food locker plant. “Food warehouse” does not include:

ATCP 71.01(4)(a) (a) A warehouse used solely for the storage of grain or other raw agricultural commodities.

ATCP 71.01(4)(b) (b) A retail food establishment, restaurant, or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.

ATCP 71.01(4)(c) (c) A warehouse located in a dairy plant licensed under s. 97.20, Stats., a food processing plant licensed under s. 97.29, Stats., or a meat establishment licensed under s. 97.42, Stats., and used primarily for the storage of food ingredients or food products manufactured or processed at the licensed establishment.

ATCP 71.01(4)(d) (d) A warehouse operated by a milk distributor licensed under s. 97.21 (3), Stats., and used primarily for the storage and distribution of milk and fluid milk products, as defined in s. 97.01 (10) (a) and 97.20 (1) (c), Stats.

ATCP 71.01(4)(e) (e) A facility owned or operated by a consumer and used by that consumer to store food for the consumer’s use.

ATCP 71.01(5) (5) “Frozen food locker plant” has the meaning specified in s. 97.27 (1) (c), Stats.

ATCP 71.01(6) (6) “Frozen food warehouse” has the meaning specified in s. 97.27 (1) (d), Stats.

ATCP 71.01(6c) (6c) “HACCP system” means the process of analyzing food manufacturing or storage for food safety hazards, and developing and implementing a written hazard analysis and critical control points plan in accordance with 21 CFR 123.6 to 123.9.

ATCP 71.01(6d) (6d) “Licensee dealer” means the operator of a food processing plant or food warehouse licensed in Wisconsin for the activities of shellstock shipper, shucker-packer, repacker, or reshipper.

ATCP 71.01(6h) (6h) “Milk distributor” has the meaning given in s. 97.21 (1) (e), Stats.

ATCP 71.01(6p) (6p) “Package” has the meaning given in s. ATCP 90.01 (16).

ATCP 71.01(6t) (6t) “Qualified facility” has the meaning given in 21 CFR 117.3.

ATCP 71.01(7) (7) “Potentially hazardous food” means any food that can support the rapid and progressive growth of infectious or toxicogenic microorganisms.

ATCP 71.01(8) (8) “Regularly scheduled inspection” means a routine inspection, other than an inspection scheduled in response to a finding of a violation of ch. 97, Stats., or this chapter.

ATCP 71.01(8m) (8m) “Storage facility” means each location where a milk distributor stores milk.

ATCP 71.01(9) (9) “Warehouse” means any building, room, structure, or facility used for the storage of property.

ATCP 71.01 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 05-044: cr. (6m) and (8m) Register December 2005 No. 600, eff. 1-1-06; CR 15-093: cr. (2m), (6c), (6d), renum. (6m) to (6h), cr. (6p), (6t) register August 2016 No. 728, eff. 9-1-16; correction in (4) (d) made under s. 13.92 (4) (b) 7., Stats., and correction in (6c), (6t) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 71.02 ATCP 71.02 Food warehouse license; fees.

ATCP 71.02(1) (1) License required. No person may operate a food warehouse without a valid license issued by the department under s. 97.27, Stats., for that food warehouse. A food warehouse license expires on June 30 annually. A separate license is required for every food warehouse location. A license is not transferable between persons or food warehouses.

ATCP 71.02 Note Note: If a food warehouse is operated as a public storage warehouse, the food warehouse must also be licensed under ch. 99, Stats.

ATCP 71.02(2) (2) License application. Application for an annual food warehouse license shall be made on a form provided by the department. The application shall include applicable fees and surcharges required under this section. An application shall include all of the information required under this section for licensing purposes.

ATCP 71.02 Note Note: A license application form may be obtained from the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, P. O. Box 8911, Madison, WI 53708-8911.

ATCP 71.02(3) (3) Annual license fee. An applicant for a food warehouse license shall pay an annual license fee as follows:

ATCP 71.02(3)(a) (a) For a warehouse that stores potentially hazardous food, and has fewer than 50,000 square feet of storage area, $120.

ATCP 71.02(3)(b) (b) For a warehouse that stores potentially hazardous food, and has at least 50,000 square feet of storage area, $320.

ATCP 71.02(3)(c) (c) For a warehouse that does not store potentially hazardous food, and has fewer than 50,000 square feet of storage area, $80.

ATCP 71.02(3)(d) (d) For a warehouse that does not store potentially hazardous food, and has at least 50,000 square feet of storage area, $160.

ATCP 71.02(4) (4) Surcharge and past fees for operating without a license.

ATCP 71.02(4)(a) (a) An applicant for a food warehouse license shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting the license application, the applicant operated the food warehouse without a license in violation of sub. (1).

ATCP 71.02(4)(b) (b) In addition to paying the license fee surcharge under par. (a), an applicant who violated sub. (1) shall pay all fees, set forth in a statement from the department, that are due for the license year in which the applicant violated sub. (1).

ATCP 71.02(4)(c) (c) Payment of the license fee surcharge and past fees under pars. (a) and (b) does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of a food warehouse, but does not constitute evidence of any violation of law.

ATCP 71.02(5) (5) Reinspection fee.

ATCP 71.02(5)(a) (a) If the department reinspects a food warehouse because the department has found a violation of ch. 97, Stats., or this chapter on a regularly scheduled inspection, the department shall charge the food warehouse operator the reinspection fee specified under par. (b). A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to a food warehouse operator.

ATCP 71.02(5)(b) (b) The reinspection fee required under par. (a) is as follows:

ATCP 71.02(5)(b)1. 1. For a food warehouse that stores potentially hazardous food and has fewer than 50,000 square feet of storage area, $115.

ATCP 71.02(5)(b)2. 2. For a food warehouse that stores potentially hazardous food and has at least 50,000 square feet of storage area, $300.

ATCP 71.02(5)(b)3. 3. For a food warehouse that does not store potentially hazardous food and has fewer than 50,000 square feet of storage area, $100.

ATCP 71.02(5)(b)4. 4. For a food warehouse that does not store potentially hazardous food and has at least 50,000 square feet of storage area, $200.

ATCP 71.02(6) (6) Action on license application; deadline. The department shall grant or deny a license application under sub. (2) within 20 business days after the department receives a complete application, or before the expiration date of any temporary license issued under sub. (8). If the license application is denied, the department shall notify the applicant, in writing, of the reasons for the denial.

ATCP 71.02(7) (7) Prerequisites for licensing. The department shall not issue or renew a food warehouse license, or issue a temporary license under sub. (8), unless all of the following conditions are met:

ATCP 71.02(7)(a) (a) The applicant has paid all fees and surcharges, set forth in a statement from the department, that are due and payable by the applicant under this section. The department shall refund a license fee surcharge paid under protest if, upon review, the department determines that the surcharge is not due and payable.

ATCP 71.02(7)(b) (b) If the food warehouse is a new food warehouse, the department has inspected the food warehouse under sub. (9).

ATCP 71.02(8) (8) Temporary license.

ATCP 71.02(8)(a) (a) The department may issue a temporary license to an applicant under sub. (2) pending the department’s final action on that license application. A temporary license may be issued for a period not to exceed 40 business days.

ATCP 71.02(8)(b) (b) The holder of a temporary license acquires no rights as a licensee beyond those conferred by the temporary license. If the department denies an annual license application before the applicant’s temporary license expires, the temporary license is automatically terminated when the applicant receives written notice of the denial.

ATCP 71.02(8)(c) (c) The department may not issue a temporary license under par. (a) in response to a license renewal application by the holder of an existing license.

ATCP 71.02(8)(d) (d) The department may not issue a temporary license under par. (a) for a food warehouse that is not currently licensed unless the department first inspects that food warehouse under sub. (9).

ATCP 71.02(9) (9) Pre-license inspection. The department may inspect a food warehouse, as the department deems necessary, before issuing a license for the food warehouse. The department may not issue a license or temporary license for a food warehouse that is not currently licensed unless the department first inspects that food warehouse for compliance with this chapter.

ATCP 71.02(10) (10) Denial, suspension, or revocation of license; conditional license. The department may deny, suspend, or revoke a license, or impose conditions on a license, as provided under s. 93.06 (7) and (8), Stats.

ATCP 71.02 Note Note: The procedure for suspending or revoking a license is set forth in ch. ATCP 1.

ATCP 71.02(11) (11) Federal requirements.

ATCP 71.02(11)(a) (a) A food warehouse which is also a qualified facility shall comply with the requirements of this chapter and 21 CFR 117 Subparts A, B, E, and F, and 21 CFR 117.5 (a).

ATCP 71.02(11)(b) (b) A food warehouse that is a facility, but is not a qualified facility, and only stores unexposed packaged potentially hazardous food shall comply with the requirements of this chapter, and 21 CFR 117 Subparts A, B, E, and F and 117.206.

ATCP 71.02(11)(c) (c) A food warehouse that is a facility, but is not a qualified facility, and stores exposed food shall comply with the requirements of this chapter and 21 CFR 117, Subparts A, B, C, F, and G.