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/.