ATCP 70.06(11)(b)1.1. The operator does not process food for wholesale distribution in excess of 25% of total food sales and is not engaged in canning of food products. The operator may brew fermented malt beverages at the retail food establishment serving meals under the provisions in s. 125.295, Stats.

ATCP 70.06(11)(b)2.2. The operator of the retail food establishment is licensed and exempt from licensing as a food processing plant under par. (a).

ATCP 70.06(11)(c)1.1. Receipts from non-dairy food processing operations at that location comprise no more than 25% of gross annual dairy and non-dairy food sales from that location.

ATCP 70.06(11)(c)2.2. The operator of the dairy plant is not engaged in canning foods other than dairy products, or the processing of fish.

ATCP 70.06(11)(d)(d) Food processing operations conducted at a meat establishment, by the operator of the meat establishment, if all of the following apply:

ATCP 70.06(11)(d)1.1. The operator of the meat establishment is licensed under s. 97.42, Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.

ATCP 70.06(11)(d)2.2. The operator is also licensed at the meat establishment to operate a retail food establishment under s. 97.30, Stats., and not engaged in the canning of food products other than meat or poultry products canned under s. 97.42, Stats., or the production of cold-smoked fish or fishery products.

ATCP 70.06(11)(e)1.1. The processor sells the maple syrup or concentrated maple sap only to other processors for further processing.

ATCP 70.06(11)(e)2.2. The processor’s combined gross receipts from all sales under subd. 1. during the license year total less than $5,000.

ATCP 70.06(11)(e)3.3. The processor keeps a written record of every sale under subd. 1., retains that record for at least 2 years, and makes the record available for inspection and copying by the department upon request. The record shall include the name and address of the purchasing processor, the date of sale, the amount of maple syrup or concentrated maple sap sold, and the sale price.

ATCP 70.06(11)(e)4.4. The processor registers with the department before engaging in any processing activities under this paragraph in any license year ending March 31. A registration expires at the end of the license year. A processor shall register in writing on a form provided by the department, or shall register online at http://datcp.wi.gov. The registration shall include information reasonably required by the department, including the registrant’s name and address and information related to the nature, location, and scope of the registrant’s processing activities and product sales. There is no fee to register, and the registrant is not required to hold a registration certificate from the department.

ATCP 70.06(11)(f)(f) The operator of a licensed food warehouse under s. 97.27, Stats., at which one or more of the following activities are the only food processing activities performed:

ATCP 70.06(11)(f)1.1. Reshipping marine molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required by the U.S. food and drug administration’s Guide for the Control of Molluscan Shellfish, The Model Ordinance, that annual inventory value of molluscan shellfish reshipped at the licensed warehouse does not exceed 25% of the gross annual inventory value of the food warehouse, and the licensed food warehouse meets all of the applicable requirements of subch. IV of ch. ATCP 70.

ATCP 70.06(11)(f)2.2. Packing food items that are already packaged and labeled for retail sale into containers for further distribution.

ATCP 70.06(11)(f)3.3. Combining 2 or more food items that are already individually packaged and labeled for retail sale into a combination package for retail sale, if the label on each individual item inside the combination package remains visible or if the package of combined items is labeled for retail sale. All packaging and labels shall comply with s. ATCP 70.26.

ATCP 70.06(11)(f)4.4. Manufacturing ice for use in the shipment of foods, or to cool or keep foods cold while in transit or stored in the warehouse. Ice used for this purpose must meet the standards in s. ATCP 70.20 (8). Ice must be made on site in a commercial ice machine and may not be bagged, distributed or sold separately from food items that it is used to cool.

ATCP 70.06 HistoryHistory: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; corrections in (11) (a) 1. made under ss. 13.92 (4) (b) 7. and 35.17, Stats., and corrections in (11) (b) 1., (f) 1. made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 70.08(1)(1) Construction and maintenance; general. Food processing plants shall be soundly constructed and maintained in order to prevent adulteration as defined in s. 97.02, Stats. The license holder shall maintain in a clean and sanitary condition all buildings, facilities, and equipment used in food processing operations. The interior and exterior portions of a food processing plant, and the premises on which the food processing plant is located, shall be maintained in a sanitary condition in compliance with this chapter.

ATCP 70.08(2)(b)(b) Floors, walls, and ceilings in processing areas, toilet rooms, and areas used for the cleaning or storage of equipment or utensils shall be constructed of smooth, impervious, and easily cleanable materials. This does not prohibit the use of easily cleanable anti-slip floors.