Chapter ATCP 71

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.

ATCP 71.03 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94; correction in (9) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; correction in (9) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (7) (b) under s. 35.17, Stats.

ATCP 71.04 ATCP 71.04 Personnel standards.

ATCP 71.04(1) (1) Cleanliness. Every person who handles food at a food warehouse shall observe good hygienic practices during all working periods. Food handlers shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities which may contaminate their hands.

ATCP 71.04(2) (2) Communicable disease. No person infected with a disease that is communicable by food handling may work in a food warehouse in any capacity that may result in the contamination of food.

ATCP 71.04(3) (3) Consumption of food, beverages, and tobacco. No person may consume food or beverages, or use tobacco in any part of a food warehouse where food is handled or stored. Consumption of food or beverages, and the use of tobacco shall be confined to clearly designated areas that are separated from food storage and handling areas.

ATCP 71.04 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

ATCP 71.05 ATCP 71.05 Food storage and handling.

ATCP 71.05(1) (1) General.

ATCP 71.05(1)(a) (a) A food warehouse operator shall handle and store food in a safe and sanitary manner, and under sanitary conditions, to protect the safety and wholesomeness of the food.

ATCP 71.05(1)(b) (b) A food warehouse operator shall store food in a neat and orderly manner, so that the food is readily accessible for inspection and movement, and so that the food warehouse can be readily inspected and cleaned.

ATCP 71.05(1)(c) (c) The amount of food stored in a food warehouse shall not exceed the reasonable capacity of that warehouse.

ATCP 71.05(2) (2) Food delivered to warehouse; inspection.

ATCP 71.05(2)(a) (a) A food warehouse operator shall inspect all food delivered for storage at the food warehouse. The operator shall inspect the food before it is unloaded, unless the delivery vehicle is too fully loaded to permit inspection. The operator shall inspect for damage to food or food packages, insect or rodent infestation, objectionable odors, and other indications of contamination.

ATCP 71.05(2)(b) (b) If a food warehouse operator rejects any portion of a food delivery because the food is contaminated, the operator shall promptly notify both the food carrier and the food shipper or owner.

ATCP 71.05(2)(c) (c) If a warehouse operator has reason to believe that an unloaded delivery of food may be contaminated, the warehouse operator shall segregate that food for prompt inspection, sorting, and disposition before the food is stored in the food warehouse.

ATCP 71.05(3) (3) Food accepted for storage; identification.

ATCP 71.05(3)(a) (a) A food warehouse operator shall mark each lot of food accepted for storage with all of the following:

ATCP 71.05(3)(a)1. 1. The name and address of the food warehouse.

ATCP 71.05(3)(a)2. 2. The word “Received,” or a recognizable abbreviation of that word, and a numeric designation of the month, day, and year when the food was received in the food warehouse.

ATCP 71.05 Note Note: For example, an acceptable marking of an incoming shipment of a food product under this subsection is “Rec’d. 7-1-93”.

ATCP 71.05(3)(b) (b) The information required to be marked on a lot of food under par. (a) may be contained on a tag securely fastened to the packaging material enclosing that lot of food. The tag shall be affixed so that it cannot be readily detached, mutilated, or made illegible.

ATCP 71.05(3)(c) (c) No person may remove, alter, mutilate, or conceal a marking required under par. (a). No person may divide any lot of food marked under par. (a) unless each portion of the divided lot bears the same marking.

ATCP 71.05(4) (4) Contaminated food. A food warehouse operator shall promptly destroy, or shall exclude or promptly remove from the food warehouse, any food which threatens to contaminate other food in storage, which may cause a pest infestation, or which may contaminate the food warehouse.

ATCP 71.05(5) (5) Fire, flood, or casualty damage. Food which has been subjected to possible contamination in a fire, flood, or other casualty shall not be removed from the warehouse for use as human food unless the department has inspected the food and authorized its removal or disposition. A food warehouse owner or operator shall notify the department whenever food in the warehouse has been subjected to possible damage or contamination because of fire, flood, or other casualty.

ATCP 71.05(6) (6) Stock rotation. A food warehouse operator shall adopt and implement effective stock rotation procedures, appropriate to each type of food, to preclude spoilage of any food in storage. The warehouse operator shall keep adequate records to permit the effective rotation of food in storage.

ATCP 71.05(7) (7) Refrigerated and frozen food.

ATCP 71.05(7)(a) (a) Potentially hazardous refrigerated food stored at a food warehouse shall at all times be kept refrigerated at a temperature of 40°F. (4°C.) or below, except:

ATCP 71.05(7)(a)1. 1. Eggs shall be kept refrigerated at an ambient temperature of 45°F. (7°C.) or below.

ATCP 71.05(7)(a)2. 2. Dairy products as defined in s. 97.20 (1) (b) 1. to 5., Stats., shall be kept at 45 ° F. (7° C.) or below.

ATCP 71.05(7)(a)3. 3. Fish and fishery products in reduced-oxygen packaging as defined in s. ATCP 70.02 (37) shall be kept at or below 38° F (3° C.), in accordance with ss. ATCP 70.18 and 70.19.

ATCP 71.05 Note Note: Sections ATCP 70.18 and 71.19, as they existed prior to 2-1-20, were repealed by CR 17-073. Those sections now correspond to ATCP 70.44 and 70.46.

ATCP 71.05(7)(a)4. 4. Molluscan shellfish shall be iced or refrigerated to the extent necessary to maintain internal shellstock temperature as required in s. ATCP 70.21, and

ATCP 71.05 Note Note: Section ATCP 70.21, as it existed prior to 2-1-20, was repealed by CR 17-073. That section now corresponds to ATCP 70.50.

ATCP 71.05(7)(a)5. 5. Potentially hazardous frozen food shall at all times be kept frozen at a temperature of 5°F. (-15°C.) or below.

ATCP 71.05(7)(b) (b) Frozen food shall not be refrozen after having thawed.

ATCP 71.05(7)(c) (c) The operator of a food storage warehouse shall record, on a daily basis, the air temperature in each facility in which potentially hazardous food is stored. The operator shall record the temperature shown by each measuring device installed in the facility under s. ATCP 71.03 (7), together with the date on which the temperature reading was taken. The operator shall retain the temperature record for at least 2 years.

ATCP 71.05(7)(d) (d) The amount of food stored in a refrigerated or frozen food storage facility shall not exceed the designed capacity of that facility. Refrigerated and frozen food shall be marked as required under s. ATCP 71.05 (3), and shall be stored in an orderly manner, so that the contents of a refrigerated or frozen food storage facility can be readily inspected and identified.