Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter II - General Requirements › Section ATCP 70.26 - Food packaging and labeling

Current through June 24, 2024
(1) GENERAL. Food
				  packages shall be of sanitary design and construction, so as to protect food
				  contents from reasonably foreseeable risks of contamination. Food packages
				  shall be clean, sanitary, and free of any extraneous or deleterious substance.
				  Food shall not be sold or distributed in packages which are damaged to the
				  extent that food contents may be adulterated as a result of the damage. A
				  sealed food package is damaged within the meaning of this subsection if the
				  package or seal is broken or bulged.
(2) CLEANING AND SANITIZING RETURNABLE FOOD
				  PACKAGES. Returnable or multi-use food packages, including returnable bottles,
				  shall be effectively cleaned and sanitized before being reused. Cleaning and
				  sanitizing processes shall remove all extraneous matter and potential
				  adulterants from a food package before the food package is reused. Sanitizing
				  methods shall comply with s. ATCP 70.28. No food package may be reused unless
				  it is specifically designed and constructed for that purpose.
(3) INSPECTION OF RETURNABLE FOOD PACKAGES.
				  Returnable or multi-use packages, after being cleaned and sanitized, shall be
				  inspected before being reused. Inspection shall be adequate to detect
				  extraneous material and visible adulterants, and any damage to product contact
				  surfaces. Inspection shall be performed on surfaces lighted in compliance with
				  s.
				  ATCP 70.08(5)
				  (b).
(4) SINGLE-SERVICE FOOD PACKAGES.
				  Single-service food packages, including bottle caps and other single-service
				  articles used to package food, shall be made from clean, sanitary materials.
				  Single-service food packages shall be clean and sanitary at the time of use.
				  Single-service food packages shall be protected from contamination prior to
				  use, and shall be handled in a sanitary manner. Single-service food packages,
				  including single-service bottles and bottle caps, shall not be
				  re-used.
(5) FOOD PACKAGE LABELING.
				  Packaged food shall be packaged and labeled according to all of the following,
				  as applicable:
(a) 21 CFR part 101.
(b) Section
				  97.09, Stats., and federal
				  regulations incorporated by reference in s.
				  97.09, Stats.
(c) Chapter
				  ATCP
				  90.
(d)
				  Chapter
				  ATCP
				  75 Appendix, part 3-201.11(C).
(e) If the packaged food contains a major
				  food allergen, the ingredient statement on the package shall disclose the
				  common name of the major food allergen. The disclosure shall be equivalent in
				  size and prominence to the rest of the ingredient statement. If an allergen
				  originates from finfish, crustacean shellfish, or tree nuts, the disclosure
				  shall include the common name of the source species.
Note:
For example, if a food product includes
					 an allergen that originates from finfish, the ingredient statement must
					 disclose the common name such as bass, flounder, or cod. If the allergen
					 originates from crustacean shellfish, the ingredient statement must disclose
					 the common name such as crab, lobster, or shrimp. If the allergen originates
					 from tree nuts, the ingredient statement must disclose the common name such as
					 almond, pecan, walnut, or coconut.