Chapter ATCP 71

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.

ATCP 71.02 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94; am. (3) and (5) (b), Register, January, 1998, No. 505, eff. 2-1-98; CR 05-044: am. (2), (3), (5) (b), and (7) (a) Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (3) (a) to (d) and (5) (b) 1. to 4. Register April 2008 No. 628, eff. 5-1-08; CR 14-047: am. (5) (b) 3., 4. Register May 2015 No. 713, eff. 6-1-15; CR 15-093: cr. (11) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (11) Register January 2020 No. 769, eff. 2-1-20.

ATCP 71.025 ATCP 71.025 Shellfish licensee dealer certification. No person may operate as a shellfish licensee dealer without a valid annual certificate issued by the department under s. ATCP 70.21. A certificate is issued annually by the department under s. ATCP 70.21 (3).

ATCP 71.025 Note Note: Section ATCP 70.21, as it existed prior to 2-1-20, was repealed by CR 17-073. These requirements are now contained in the federal model ordinance referenced in ATCP 70.50.

ATCP 71.025 History History: CR 15-093: cr. Register August 2016 No. 728, eff. 9-1-16; correction made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 71.03 ATCP 71.03 Construction and sanitary maintenance.

ATCP 71.03(1) (1) General. A food warehouse shall be constructed and maintained in compliance with this chapter. Buildings, facilities, and equipment used in the operation of a food warehouse shall be soundly constructed, and shall be capable of being maintained in a clean and sanitary condition. A food warehouse shall be kept in good repair, and in a clean and sanitary condition.

ATCP 71.03(2) (2) Exterior premises.

ATCP 71.03(2)(a) (a) The premises immediately adjacent to a food warehouse shall be all of the following:

ATCP 71.03(2)(a)1. 1. Well-drained, so that water does not accumulate around the food warehouse.

ATCP 71.03(2)(a)2. 2. Kept in a neat and orderly condition.

ATCP 71.03(2)(a)3. 3. Free of conditions that may contaminate food while the food is being received at, stored in, or shipped from the warehouse.

ATCP 71.03(2)(a)4. 4. Free of conditions that may attract or harbor pests.

ATCP 71.03(2)(b) (b) Shipping and receiving areas, truck aprons, rail sidings, driveways, and parking areas adjoining a food warehouse shall be surfaced and maintained to facilitate good drainage. The areas shall be kept clean to minimize the entry of airborne dust and tracked dirt into a food warehouse.

ATCP 71.03(3) (3) Floors, walls, and ceilings. Floors, walls, and ceilings in a food warehouse shall be of sound construction, and shall be kept clean and in good repair. Floors, walls, and ceilings in cold storage areas, frozen food storage areas, toilet rooms, and areas used for the cleaning or storage of equipment shall be constructed of smooth, impervious, and easily cleanable materials.

ATCP 71.03(4) (4) Doors and windows. Doors, windows, skylights, and other openings to the outside shall be tight-fitting, free of breaks, and effectively screened or protected against the entry of rodents, insects, birds, and other animals. External doors, other than overhead doors in receiving and shipping areas, shall be self-closing. External doors shall be kept closed when not in use.

ATCP 71.03(5) (5) Lighting. Lighting in every part of a food warehouse shall provide easy visibility for every function performed in that part of the food warehouse. Lighting shall provide easy visibility for cleaning, inspection, identification of food, and visual evaluation of food condition. Artificial lights, skylights, and other glass fixtures over exposed food shall be equipped with protective shields or shatter-resistant bulbs.

ATCP 71.03(6) (6) Ventilation.

ATCP 71.03(6)(a) (a) A food warehouse, including food storage and handling areas, locker rooms, toilet rooms, employee break rooms, and garbage or rubbish storage areas, shall be adequately ventilated. Ventilation shall be adequate to keep the food warehouse free of excessive heat, condensation, vapors, obnoxious odors, smoke, and fumes.

ATCP 71.03(6)(b) (b) Heating, cooling, and ventilating systems, including ducts and pipes over food storage and handling areas, shall be designed or located to prevent conditions whereby drip or condensate may contaminate food or food packages. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement. Intake fans, exhaust fans, and ventilation ducts shall be kept clean and in good repair and shall be screened or louvered to exclude dust and insects.

ATCP 71.03(7) (7) Refrigerated and frozen food storage facilities.

ATCP 71.03(7)(a) (a) Refrigerated and frozen food storage facilities shall be mechanically refrigerated.

ATCP 71.03(7)(b) (b) If a refrigerated food storage facility is used to store potentially hazardous food, the refrigerating capacity of that facility shall be adequate to maintain air temperatures at or below 40º F. (4° C.) at all times when the facility is loaded to maximum capacity, regardless of reasonably foreseeable external temperatures.

ATCP 71.03(7)(c) (c) If a frozen food storage facility is used to store potentially hazardous frozen food, the refrigerating capacity of that facility shall be adequate to maintain air temperatures at or below 5º F. (-15° C.) at all times when the facility is loaded to maximum capacity, regardless of reasonably foreseeable external temperatures.

ATCP 71.03(7)(d) (d) Every facility used to store refrigerated or frozen food shall be equipped with one or more temperature measuring devices. Measuring devices shall be accurate, and shall be installed to measure the warmest air temperature in the refrigerated or frozen food storage facility.

ATCP 71.03(8) (8) Receiving and shipping docks. Loading docks, truck bays, driveways, and rail sidings for receiving and shipping food products at a food warehouse shall be kept free of accumulated debris and spillage, and free of any foreign materials which may contaminate food or damage food packages.

ATCP 71.03(9) (9) Toilet facilities.

ATCP 71.03(9)(a) (a) A food warehouse shall have a sufficient number of toilet rooms to accommodate all warehouse personnel, according to chs. SPS 361 to 365 and applicable local regulations. Toilet rooms shall be conveniently located, completely enclosed, well-lighted, and equipped with tight- fitting, self-closing doors. Toilet rooms and fixtures shall be easily cleanable, and shall be kept clean and in good repair.

ATCP 71.03(9)(b) (b) Handwashing facilities shall be located in or adjacent to every toilet room. Handwashing facilities shall include hot and cold running water, soap in a soap dispenser, and a sanitary single-service means of drying the hands. A sign directing warehouse personnel to wash their hands shall be prominently posted in every toilet room used by warehouse personnel.

ATCP 71.03(10) (10) Locker and other personnel facilities. A food warehouse shall have lockers or similar facilities in which food warehouse personnel can store street clothing and other personal items while working at the warehouse. Locker areas, dressing areas, lunch and break areas, and similar personnel areas shall be maintained in a clean and sanitary condition, so that the areas are free of trash, food scraps, and litter which may attract or harbor pests.

ATCP 71.03(11) (11) Garbage and refuse disposal.

ATCP 71.03(11)(a) (a) Garbage and refuse shall not be allowed to accumulate in a food warehouse or on the grounds surrounding a food warehouse which are under the control of the warehouse operator. Garbage and refuse shall be removed regularly, and as often as needed, to keep the premises in a clean and sanitary condition.

ATCP 71.03(11)(b) (b) Garbage and refuse storage areas shall be well-drained, and shall be constructed and maintained so that they do not attract or harbor pests. Garbage and refuse shall be held in durable, leakproof, easily cleanable and pest-resistant containers. Containers shall be kept covered with tight-fitting lids, and shall be cleaned regularly to prevent unsanitary conditions.

ATCP 71.03(11)(c) (c) Garbage and refuse shall not be burned on the premises except in compliance with state and local laws. Garbage and refuse shall not be burned on the premises if burning may contaminate food.

ATCP 71.03(12) (12) Control of pests.

ATCP 71.03(12)(a) (a) A food warehouse operator shall take effective measures to prevent and, if necessary, control insects, rodents, and other pests in and around a food warehouse. A food warehouse shall be free of evidence of pest infestation, and shall be free of garbage, litter, and other conditions that may attract or harbor pests.

ATCP 71.03(12)(b) (b) Pesticides and other hazardous substances shall not be stored in food storage areas, and shall not be used in a manner which may contaminate food. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner.

ATCP 71.03 Note Note: Pesticide storage and use must comply with ss. 94.67 to 94.71, Stats., and ch. ATCP 29. Pesticides must be registered for use by the U. S. environmental protection agency or by the department.

ATCP 71.03(13) (13) Cleaning.

ATCP 71.03(13)(a) (a) A food warehouse shall be neat and orderly, and shall be kept clean at all times. Storage facilities, equipment, and stored food shall be arranged so that all parts of the food warehouse can be effectively cleaned and inspected.

ATCP 71.03(13)(b) (b) A food warehouse operator shall keep the warehouse in a clean and sanitary condition. Cleaning operations shall not contaminate food or food packages. Detergents, sanitizers, and other cleaning materials shall be safe and effective for their intended uses.

ATCP 71.03(13)(c) (c) Equipment and utensils used to handle or store food in a food warehouse shall be kept clean, and shall be sanitized if necessary to prevent the contamination of food.