subch. IV of ch. ATCP 70Subchapter IV — Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements

ATCP 70.44(1)(1) Applicable regulations. A fish processing plant operator shall comply with subch. II and 21 CFR part 123. The operator shall have and operate in accordance with HACCP plans that comply with 21 CFR part 123 and address food safety hazards that may occur in fish processing. If a fish processing plant produces smoked fish products or smoke-flavored fish products, the HACCP plan for that fish processing plant shall address potential botulism risks as provided in 21 CFR part 123 subpart B.

ATCP 70.44(2)(2) Restriction on use of cold-process smoked fish. Cold-process smoked fish may not be used as an ingredient in any other ready-to-eat, potentially hazardous food.

ATCP 70.44 HistoryHistory: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.46(1)(1) Mandatory label information. Every package containing smoked fish shall be clearly and conspicuously labeled, on the principal display panel of that package, with all of the following information:

ATCP 70.46(1)(a)(a) The name and address, including the zip code, of the smoked fish processor or distributor.

ATCP 70.46(1)(b)(b) The name of the product, including the common name of the fish from which the product is derived as found in Table 3-2 of the Fourth Edition of Fish and Fishery Products Hazards and Controls Guidance.

ATCP 70.46 NoteNote: A copy of the current edition of the Fish and Fishery Products Hazards and Controls Guidance, may be obtained from the University of Florida Bookstore by calling (800) 226-1764, or it may be downloaded from the U.S. food and drug administration website: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/default.htm.

ATCP 70.46(1)(d)(d) If cold-smoked fish is contained in reduced-oxygen packaging and sold or distributed in an unfrozen state, the words “PERISHABLE – KEEP REFRIGERATED AT OR BELOW 38° F” in conspicuous letters at least the size of those used in the food name.

ATCP 70.46(1)(e)(e) If smoked fish contained in the package are sold or distributed in a frozen state, the words “PERISHABLE — KEEP FROZEN PRIOR TO USE” in conspicuous letters at least the size of those used in the food name.

ATCP 70.46(2)(2) Prohibition against commingling. Smoked fish processed on different dates or codes may not be commingled in the same container, either at the processing plant or while the fish are being stored, distributed, or offered for sale at wholesale or retail.

ATCP 70.46(3)(3) Misrepresentation of processing date or processing date code prohibited. No person may misrepresent a smoked fish processing date or processing date code, or sell or distribute smoked fish labeled with any processing date or processing date code other than the original date or code affixed by the processor.

ATCP 70.46(4)(4) Removal of mislabeled or mishandled smoked fish. Food consisting of or containing smoked fish shall be immediately removed from sale, and shall be destroyed or treated to render it unattractive and unfit for human consumption, if any of the following occurs:

ATCP 70.46(4)(b)(b) Vacuum-packaged, cold-smoked fish is held, other than for brief periods during distribution, at a temperature above 38° F (3.4° C) prior to retail sale. This paragraph does not apply to a food which the department specifically exempts in writing because it is not subject to spoilage and does not support pathogen growth.

ATCP 70.46(5)(5) Applicability of smoked fish regulations in Wisconsin. No smoked fish may be sold, distributed, or offered or exposed for sale in this state unless the smoked fish have been processed, labeled, and handled in compliance with this subchapter. This subsection applies to every person engaged in the sale or distribution of smoked fish in this state, regardless of whether the person processes smoked fish in this state.

ATCP 70.48(1)(1) Refrigeration. Roe and any attached entrails harvested from a fish shall be refrigerated at a temperature of not more than 38° F (3.4° C). Processing of dry salted roe or salted roe product shall be done in accordance with 21 CFR part 123.

ATCP 70.48(2)(2) Harvesting and handling. Roe and attached entrails, if any, shall be harvested, stored, and transported for processing in covered food grade containers. Each container shall be conspicuously labeled to indicate when each of the following operations was performed, if that operation has been performed:

ATCP 70.48(2)(b)(b) The roe sacks were separated from attached entrails, if any. Roe sacks shall be separated from attached entrails within 48 hours after the roe sacks and entrails are harvested from the fish.

ATCP 70.48(2)(c)(c) The roe was separated from the roe sacks. Roe shall be separated from roe sacks within 72 hours after the roe sacks are harvested from the fish, unless the roe is processed and packed in roe sacks. Roe processed and packed without being separated from roe sacks shall be processed and packed within 72 hours after the roe sacks are harvested from the fish.

ATCP 70.48(3)(3) Receipt for processing. A fish processing plant operator may not accept for processing any roe that has been held, transported, or processed in violation of sub. (1) or (2).