reglab/statecodes huggingface dataset:
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 70.14 - Cleaning and sanitizing equipment and utensils

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in ss.
				  ATCP
				  70.16 and 70.40, the operator shall do all of the
				  following:
(a) Comply with provisions in s.
				  ATCP 70.28 for sanitizers and methods used to sanitize equipment and
				  utensils.
(b) Except as provided in
				  pars. (c), (d) and (e), clean all food contact surfaces of equipment and
				  utensils after each day's use, and before any change in use that may
				  cross-contaminate food with major food allergens or other contaminants. If wet
				  cleaning occurs, surfaces must also be sanitized.
(c) Clean and sanitize tanks, used to store
				  potentially hazardous food or potentially hazardous food ingredients, at least
				  once after the food processing plant operator empties those tanks.
(d) Clean and sanitize all food contact
				  surfaces of equipment used for the distillation of alcohol products, such as
				  distilled spirits, after each distillation batch. This paragraph does not apply
				  to equipment used to distill smoke for the manufacture of liquid smoke
				  products.
(e) Request alternative
				  cleaning and sanitizing procedures for department approval, under ss.
				  ATCP
				  70.16 and 70.18, as provided in those
				  sections.
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 70.16 - Cleaning and sanitizing equipment and utensils; exemptions

Current through June 24, 2024
(1) APPROVAL
				  REQUIRED FOR AN ALTERNATIVE CLEANING AND SANITIZING FREQUENCY.
(ag) Except as provided in sub. (2) or s.
				  ATCP 70.40, if an operator seeks to clean and sanitize equipment and utensils
				  at a frequency other than that required in s.
				  ATCP
				  70.14(1), because the equipment and
				  utensils are used with food products, processes, or conditions reducing the
				  risk of foodborne illness or presence of major food allergens, then the
				  operator shall submit to the department, for written approval, an alternate
				  cleaning and sanitizing procedure that includes a monitoring and recording
				  requirement in compliance with s.
				  ATCP 70.18.
(ar) Factors reducing the risk of
				  foodborne illness may include competitive microorganisms, intended use or
				  targeted consumer demographic, inhibitory compounds, temperatures, and any
				  other factors that reduce the risk of pathogenic organism growth or toxin
				  formation.
(b) After review by the
				  department, the proposed process may be denied and the department shall issue a
				  letter of denial. If the alternate cleaning and sanitizing procedure is
				  approved, the department shall issue a letter of approval, applicable for not
				  more than 5 years, which shall be maintained on file at the food processing
				  plant.
(c) If a change is planned
				  for the product or any process that affects the critical factors ensuring the
				  safety of that product, the operator shall inform the department in writing
				  prior to making a change.
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 70.18 - Obtaining approval of alternative cleaning and sanitizing frequency

Current through June 24, 2024
(1)
				  SUBMISSION OF REQUEST FOR APPROVAL OF ALTERNATIVE CLEANING AND SANITIZING
				  FREQUENCY.
(am) An operator may submit a
				  written request for the department to approve alternative cleaning and
				  sanitizing procedures. The request shall include all of the following, and any
				  other information required by the department:
1. A clear and complete description of the
				  affected food processing equipment and utensils, including any
				  continuously-operated equipment. The description shall identify sanitary design
				  features relevant to the proposed cleaning and sanitizing procedures.
2. The types of food produced with the
				  affected equipment or utensils, the purposes for which the food will be used,
				  and the temperatures at which the food will be prepared, stored, and
				  distributed.
3. A clear and
				  complete description of the alternative cleaning and sanitizing procedure,
				  including cleaning and sanitizing equipment, frequency, methods, materials, and
				  relevant process parameters such as time and temperature. The description shall
				  include a flow diagram of the cleaning and sanitizing procedure.
4. A written statement, by the operator, that
				  the alternative cleaning and sanitizing procedure has been determined by
				  competent authority, such as evaluated by a process authority or validated by a
				  published or unpublished peer-reviewed article, challenge studies, or
				  regulatory standards, to be effective in preventing food contamination and
				  ensuring the microbiological safety of food.
5. A written plan, used to ensure that the
				  alternative cleaning and sanitizing procedure will be effective in preventing
				  food contamination and ensuring the microbiological safety of food, that
				  identifies and assess foreseeable hazards, identifies critical control points,
				  identifies critical safety parameters and limits, and identifies monitoring
				  procedures and controls to ensure that the procedure is effective and
				  appropriately implemented.
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 70.20 - Water supply

Current through June 24, 2024
(1) OPERATIONS WATER.
(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.
(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.
(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.
(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.
(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:
1. Washing subsequent deliveries of raw fruit
				  or vegetables at the food processing plant if the fruit or vegetable will
				  undergo canning.
2. Flushing floors
				  and gutters in the receiving areas for raw fruit or vegetables in the food
				  processing plant.
(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.
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 70.22 - Food ingredients

Current through June 24, 2024
(1) GENERAL. Food ingredients shall be safe,
				  wholesome, and unadulterated, and shall comply with applicable standards of
				  identity under s.
				  97.09, Stats. Raw
				  agricultural commodities and other food ingredients shall be segregated and
				  examined as necessary to determine whether they are clean and fit for
				  processing. Processed foods and dairy products which are used as food
				  ingredients shall be obtained from sources which comply with applicable
				  licensing and inspection requirements.
(2) EGGS AND EGG PRODUCTS. Only clean whole
				  eggs, pasteurized eggs in liquid, frozen or dry form, or pasteurized egg
				  products may be used in food processing. Eggs and egg products may be
				  pasteurized during processing. Clean whole eggs shall be equivalent to USDA
				  Grade B or better with shells intact.
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 70.24 - Food handling and storage

Current through June 24, 2024
(1) GENERAL. Food
				  shall be protected from contamination and decomposition while being processed,
				  handled, conveyed, or held at a food processing plant. Food shall be processed
				  and held in a manner which keeps the food in a safe, wholesome, and
				  unadulterated condition. Potentially hazardous foods shall be processed and
				  held at temperatures, or in a manner, which minimizes the potential for growth
				  of undesirable microorganisms.
(2)
				  FOOD STORAGE. Food storage areas shall be maintained in a clean, sanitary, and
				  orderly condition, free from conditions which may result in the adulteration of
				  food. Potentially hazardous foods shall be stored at safe temperatures. Storage
				  areas shall be constructed and maintained so that waste water and other waste
				  liquids do not drain into, or accumulate in, any storage area. Food shall not
				  be stored in a manner which may attract or harbor pests.
(3) FOOD PROCESSING.
(a) Food processing shall be conducted under
				  appropriate conditions and controls to minimize the potential for growth of
				  undesirable microorganisms, or the contamination of food.
Note:
One way to comply with this requirement
					 is to follow a HACCP plan which monitors and controls food safety variables at
					 critical control points in the manufacturing process. Monitoring and
					 controlling food safety variables such as time, temperature, humidity, water
					 activity (a w), pH, pressure, and flow rate at critical control points can
					 ensure that mechanical breakdowns, time delays, temperature fluctuations, and
					 other conditions do not contribute to the decomposition or contamination of
					 food.
(b) If potentially
				  hazardous food is heated, refrigerated, or frozen in the course of processing,
				  the internal temperature of the food shall be accurately monitored, as
				  necessary, to ensure that safe temperatures are promptly attained and
				  maintained.
(c) Potentially
				  hazardous frozen foods, if thawed for processing, shall be thawed by one of the
				  following methods:
1. By placing the frozen
				  food in a refrigerated space at a temperature of not more than 41° F
				  (5° C).
2. Placing the frozen
				  food under potable running water, at a temperature of not more than 70° F
				  (21° C), for no more time than is needed to thaw the food. Water velocity
				  shall be sufficient to agitate loose particles and drain or float them away
				  from the food being thawed.
3. By
				  microwave heating, if the food is fully cooked in the microwave oven, or if
				  cooking is immediately completed in another cooking facility.
4. In any cooking facility, as part of the
				  process by which the food is fully cooked.
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 70.28 - Sanitizers and sanitizing methods

Current through June 24, 2024
(1) SANITIZING
				  METHODS. All returnable or multi-use food packages, and all food contact
				  surfaces of equipment and utensils used to handle foods, shall be effectively
				  sanitized prior to each use.
(2)
				  CHEMICAL SANITIZERS; REQUIREMENTS. The operator shall use only chemical
				  sanitizers that are specified as acceptable for use in
				  21 CFR
				  178.1010, are registered with the U.S.
				  environmental protection agency, are applied according to manufacturer's
				  instructions, are labeled for use in food processing plants on food contact
				  surfaces, and do not leave an unacceptable residue on the food contact surface
				  when used appropriately.
(3) BAKING
				  AND COOKING CONTAINERS; EXEMPTION. Subsection (1) does not apply to baking and
				  cooking containers if heating time and temperature combinations meet industry
				  standards and are adequate to destroy pathogenic microorganisms, provided that
				  the containers are cleaned, stored, and used in a manner which prevents
				  contamination of food.
(4)
				  SANITIZERS; MAXIMUM CONCENTRATIONS. The operator shall use sanitizers and
				  cleaning compounds so no toxic or otherwise unacceptable residue is left on any
				  food contact surface. Sanitizing solutions shall not exceed the maximum
				  concentrations established by the food and drug administration, United States
				  department of health and human services, under
				  21 CFR
				  178.1010. A test kit or other device that
				  measures the concentration of sanitizing solutions in parts per million shall
				  be used as necessary to ensure compliance with this subsection.
(5) SANITIZERS; DEPARTMENT APPROVAL.
(a) Sanitizers approved by the U.S.
				  environmental protection agency and labeled for use on food contact surfaces
				  are also accepted by the department for use according to their labels. The
				  department may approve other sanitizers and sanitizing methods that it finds to
				  be safe and effective for the purpose used.
(b) The department may deny or withdraw
				  approval of any sanitizer or sanitizing method if the department determines
				  that the sanitizer or sanitizing method is not safe or effective for the
				  purpose or under the conditions used, or that it adversely affects the sanitary
				  characteristics of equipment, utensils, or food packages.
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 70.30 - Ready-to-eat foods; reporting pathogens and toxins

Current through June 24, 2024
(1) REQUIREMENT.
				  Except as provided under sub. (2), an operator shall report to the department
				  the results of any microbiological test or laboratory analysis which indicates
				  that any ready-to-eat food produced by that operator contains pathogenic
				  organisms, toxins resulting from the growth of pathogenic organisms, or any
				  other adulterant capable of causing disease or injury if ingested. The operator
				  shall report to the department within 24 hours after the operator obtains the
				  test results. The operator may report orally, electronically, or in writing.
Note:
The State of Wisconsin's Emergency
					 Management phone number is (800) 943-0003. The general number of the Division
					 of Food and Recreational Safety is (608) 224-4700, and its FAX number is (608)
					 224-4710.
(2) EXEMPTION. An
				  operator is not required to report test results under sub. (1) if all of the
				  following apply:
(a) The ready-to eat-food is
				  identified by a product code or production lot number.
(b) The operator has not yet sold or
				  distributed any of the ready-to-eat food represented by the product code or
				  production lot number under par. (a) , but retains direct control over all of
				  that ready-to-eat food.
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 70.32 - Recall plan

Current through June 24, 2024
(1) PLAN REQUIRED. An operator shall have a
				  written plan for identifying and recalling food produced at that plant, should
				  a food recall become necessary. The operator shall update the plan as
				  necessary, and shall make it available to the department for inspection and
				  copying upon request.
(2) PLAN
				  CONTENTS. A plan, under sub. (1) , shall do all of the following:
(a) Identify key individuals or positions
				  that are responsible for planning, approving, and implementing recalls on
				  behalf of the operator.
(b)
				  Identify key individuals or entities to be contacted or consulted in connection
				  with a recall.
(c) Include
				  procedures for the routine identification, dating, and tracking of food
				  production lots, so that affected lots can be identified and distinguished from
				  unaffected lots in the event of a recall.
(d) Include procedures to enable routine
				  identification, dating, and tracking of food shipments from the food processing
				  plant. Tracking shall identify shipment recipients and contents,
				  cross-referenced to production lots, so that recipients of affected lots may be
				  contacted in the event of a recall.
(e) Include procedures for determining the
				  nature and scope of a recall, including affected food production lots,
				  shipments, and shipment recipients.
(f) Include procedures for identifying and
				  communicating with affected persons, including suppliers, food shipment
				  recipients, down-line buyers, consumers, government agencies, and
				  others.
(g) Identify potential
				  target audiences for recall information, including consumers, distributors, and
				  government agencies.
(h) Identify
				  potential methods for communicating with target audiences under par.
				  (g).
(i) Identify key information,
				  including the identity of the affected food, the reason for the recall, and
				  suggested actions to be taken by affected persons, which may need to be
				  communicated in the event of a recall.
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 III - Canning Operations; Supplementary Requirements › Section ATCP 70.34 - General

Current through June 24, 2024
(1) APPLICABLE REQUIREMENTS. Operators
				  engaged in canning operations shall comply with applicable provisions of subch.
				  II. Operators engaged in canning operations shall also comply with this
				  subchapter and shall file processes, as required, with the U.S. food and drug
				  administration according to the provisions in 21 CFR part 108.
(2) RESTRICTIONS ON SALE, DISTRIBUTION, AND
				  DONATION OF HOME-CANNED FOODS. Home-canned low-acid or acidified foods may not
				  be donated to charitable organizations, food banks, food pantries, or other
				  non-profit organizations that will distribute or sell the home-canned foods.
				  The individual canning processor may not sell the home-canned foods at a food
				  bank or food pantry, or on behalf of a charitable or non-profit organization,
				  unless exempted by statute or rule.
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 III - Canning Operations; Supplementary Requirements › Section ATCP 70.36 - Low-acid foods packaged in hermetically sealed containers

Current through June 24, 2024
The operator of a food processing plant that processes and
					 packages low-acid foods in hermetically sealed containers shall comply with
					 applicable federal regulations under
					 21
					 CFR 108.35(c) and 21 CFR
					 part 113.
Section ATCP 70.36 applies to all low-acid foods
						processed and packaged in hermetically sealed containers, including thermally
						processed and aseptically processed low-acid
						foods.
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 III - Canning Operations; Supplementary Requirements › Section ATCP 70.38 - Acidified foods

Current through June 24, 2024
Persons who process acidified foods shall comply with
					 applicable federal regulations under
					 21 CFR
					 108.25(c) and 21 CFR part
					 114.
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 III - Canning Operations; Supplementary Requirements › Section ATCP 70.40 - Facilities and equipment; cleaning

Current through June 24, 2024
(1) EQUIPMENT
				  DESIGN, CONSTRUCTION, AND ACCESSIBILITY. The operator of a food processing
				  plant facility handling raw agricultural commodities to prepare the commodities
				  for canning shall use product-handling equipment that is kept clean and in good
				  repair and is designed and constructed in a way that allows easy accessibility
				  for maintenance and cleaning.
(2)
				  EQUIPMENT, WATER, AND SUPPLIES USED FOR CLEANING. The operator of a food
				  processing plant conducting canning operations shall use cleaning equipment
				  that is adequate and in good repair, and shall provide ample supplies of water
				  and steam or other approved cleaning and sanitizing materials for cleaning
				  purposes at the facility.
(3)
				  CLEANING REQUIREMENTS FOR EQUIPMENT USED TO PROCESS FOOD BEFORE THERMAL
				  PROCESSING. The operator at a canning facility shall clean equipment used to
				  process food before thermal processing, in accordance with a written plan kept
				  at the canning facility and made available to the department for review upon
				  request. The written plan shall include:
(a)
				  A clear and complete description of the affected food processing equipment and
				  utensils, including any continuously-operated equipment. The description shall
				  identify sanitary design features that are relevant to the proposed cleaning
				  and, if deemed appropriate, sanitizing procedures.
(b) The types of food produced with the
				  affected equipment or utensils, the purposes for which the food will be used,
				  and the thermal processing conditions to which the food will be
				  subjected.
(c) A clear and complete
				  description of the alternative procedures used to clean and, if deemed
				  appropriate, sanitize the equipment, including equipment used to conduct these
				  procedures, frequency, methods, materials, and relevant process parameters such
				  as time and temperature. The description shall include a flow diagram of the
				  alternative procedures.
(d) A
				  written statement, by the operator, that the alternative cleaning and
				  sanitizing procedures have been determined by competent authority, such as a
				  process authority, or validated by a published or unpublished, peer-reviewed
				  article, challenge studies, or regulatory standards, to be effective in
				  preventing finished food product contamination and ensuring the microbiological
				  safety of food.
(e) Identification
				  of foreseeable hazards, critical control points, critical safety parameters and
				  limits, and monitoring procedures and controls to ensure that the procedure is
				  effective and appropriately implemented.
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 III - Canning Operations; Supplementary Requirements › Section ATCP 70.42 - Handling raw agricultural commodities and by-products

Current through June 24, 2024
(1) PRE-CANNING
				  OPERATIONS. Raw agricultural commodities shall be washed, sorted, trimmed as
				  necessary, and inspected before being canned. This requirement does not apply
				  to the washing of cabbage being prepared to make sauerkraut.
(2) WASTE HANDLING. Waste and by-products
				  from canning operations shall be stored and handled in a sanitary
				  manner.
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 IV - Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements › Section ATCP 70.44 - Fish processing

Current through June 24, 2024
(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.
(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.
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 IV - Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements › Section ATCP 70.46 - Labeling and sale of smoked fish

Current through June 24, 2024
(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:
(a) The name
				  and address, including the zip code, of the smoked fish processor or
				  distributor.
(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
.
Note:
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
.
(c) The net weight of the package
				  contents.
(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.
(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.
(f) The processing date
				  or processing date code of the smoked fish.
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 IV - Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements › Section ATCP 70.48 - Fish roe

Current through June 24, 2024
(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.
(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:
(a) The roe and attached
				  entrails, if any, were harvested from the fish.
(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.
(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.
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 IV - Fish Processing Plants; Marine Shellfish Plants; Supplementary Requirements › Section ATCP 70.50 - Marine molluscan shellfish processing

Current through June 24, 2024
(1) APPLICABLE
				  FEDERAL REGULATIONS. Shellfish processing and shipping operations shall comply
				  with subch. II, the U.S. food and drug administration's
Guide for the
				  Control of Molluscan Shellfish, The Model Ordinance,
and applicable
				  sections of 21 CFR part 123. Shellfish processing plant operators shall have
				  HACCP plans that comply with 21 CFR part 123 and address food safety hazards
				  that may occur in shellfish processing. If a shellfish processing plant
				  produces smoked shellfish products or smoke-flavored shellfish products, the
				  HACCP plan for that fish processing plant shall address potential botulism
				  risks as provided in 21 CFR part 123 subpart B.
(2) ILLNESS OUTBREAKS ASSOCIATED WITH
				  SHELLFISH.
(a) If at any time shellfish are
				  potentially implicated in an illness outbreak involving at least 2 persons not
				  from the same household, or at least one person in the case of shellfish
				  toxicity poisoning associated with marine biotoxins, the department shall
				  determine whether an epidemiological association exists between the illness and
				  the shellfish consumption by reviewing each consumer's food intake history and
				  the shellfish handling practices of the consumer and retailer.
(b) When the department has determined an
				  epidemiological association exists between an illness outbreak and shellfish
				  consumption, the department shall conduct an investigation of the outbreak to
				  determine whether the illness is related to the shellfish growing area or to
				  post-harvest contamination or mishandling.
(c) Upon completion of the investigation, the
				  department shall notify receiving states and the U.S. food and drug
				  administration of the findings, and take appropriate steps in cooperation with
				  the licensee dealer to recall the affected product and, if necessary, inform
				  consumers about the outbreak and associated product.
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 V - Bottling Establishments; Supplementary Requirements › Section ATCP 70.52 - Bottling establishments; general

Current through June 24, 2024
Bottling establishments shall comply with subch. II and
					 this subchapter. Bottling establishments producing bottled water shall comply
					 with 21 CFR part 129.
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 V - Bottling Establishments; Supplementary Requirements › Section ATCP 70.54 - Returnable and single-service bottles

Current through June 24, 2024
Bottles shall comply with food package requirements under
					 s.
					 ATCP
					 70.26(1). Returnable bottles shall be
					 cleaned, sanitized, and inspected in compliance with s.
					 ATCP
					 70.26(2) and (3). Single service
					 bottles shall comply with s.
					 ATCP
					 70.26(4).
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 V - Bottling Establishments; Supplementary Requirements › Section ATCP 70.56 - Bottled water product sampling; record keeping; reports

Current through June 24, 2024
(1) SAMPLING AND
				  ANALYSIS. The operator of a bottled water plant shall collect and analyze
				  samples of bottled product for the following contaminants at the following
				  minimum frequency, and more frequently if necessary, to provide reasonable
				  assurance of compliance with this subsection:
(a) A weekly total coliform analysis.
				  Pursuant to
				  21 CFR 129.80(g)
				  (1), a positive total coliform analysis
				  requires follow-up testing for
E. coli
and, pursuant to
				  21
				  CFR 165.110(b) (2) (B), if
E. coli
is present the bottled water will be deemed
				  adulterated.
(b) An annual physical
				  analysis pursuant to
				  21
				  CFR 165.110(b) (3) for
				  turbidity, color, and odor analysis.
(c) An annual chemical analysis pursuant to
				  21
				  CFR 165.110(b)
				  (4).
(d) An annual radiological analysis pursuant
				  to 21 CFR 165.110(b)
				  (5).
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 V - Bottling Establishments; Supplementary Requirements › Section ATCP 70.58 - Labeling bottled products

Current through June 24, 2024
Bottled products shall be labeled according to s.
					 ATCP
					 70.26(5). Bottled water shall also be
					 labeled according to
					 21
					 CFR 165.110. Juice shall be labeled according
					 to 21 CFR part 120, and any applicable regulations found in this
					 chapter.
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 VI - Juice and Juice HACCP › Section ATCP 70.60 - Juice and Juice HACCP

Current through June 24, 2024
(1) APPLICABLE REGULATIONS. Food processing
				  plants producing and packaging or bottling juice shall comply with subch. II
				  and this subchapter. Food processing plants engaged in juice processing and
				  packaging or bottling shall comply with 21 CFR part 120.
(2) LABELING REQUIREMENTS. A juice label may
				  not misrepresent that juice has been pasteurized or has undergone a process
				  equivalent to pasteurization. A juice label may not represent as "fresh" any
				  juice that has been treated with ultra-violet light.
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 VII - Effect of Rules on Local Ordinances › Section ATCP 70.62 - Effect of rules on local ordinances

Current through June 24, 2024
(1) NON-CONFLICTING
				  LOCAL ORDINANCES PERMITTED. This chapter does not prohibit or nullify any local
				  government ordinance with which it is not in direct conflict as provided in
				  sub. (2).
(2) PREEMPTION OF
				  CONFLICTING LOCAL ORDINANCES. If this chapter conflicts directly with any local
				  government ordinance, so that it is impossible to comply with one except by
				  violating the other, this chapter controls.
(3) DUTY TO COMPLY. Compliance with local
				  government ordinances does not relieve any person from the duty of complying
				  with this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 69 - Buttermakers and cheesemakers › Section ATCP 69.01 - Buttermaker license

Current through June 24, 2024
(1) LICENSE REQUIRED. No person may operate
				as a buttermaker, as defined in s.
				97.17(1),
				Stats., without a buttermaker license from the department. A license expires on
				January 1 of the second calendar year beginning after the license is
				issued.
(2) LICENSE APPLICATION. A
				person shall apply for a buttermaker license on a form provided by the
				department. The application shall include all of the following:
(a) Documentation of buttermaker
				qualifications under sub. (3).
(b)
				The fee required under sub. (5).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 69 - Buttermakers and cheesemakers › Section ATCP 69.02 - Cheesemaker license

Current through June 24, 2024
(1) LICENSE REQUIRED. No person may operate
				as a cheesemaker, as defined in s.
				97.17(1),
				Stats., without a cheesemaker license from the department. A license expires on
				January 1 of the second calendar year beginning after the license is
				issued.
(2) LICENSE APPLICATION. A
				person shall apply for a cheesemaker license on a form provided by the
				department. The application shall include all of the following:
(a) Documentation of cheesemaker
				qualifications under sub. (3).
(b)
				The fee required under sub. (5).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 69 - Buttermakers and cheesemakers › Section ATCP 69.03 - License displayed

Current through June 24, 2024
Each buttermaker's and cheesemaker's permit or license shall
				  be conspicuously displayed at the factory where the permittee or licensee is
				  engaged in the licensed activity or employed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Cold storage warehouse" has the meaning
				specified in s.
				97.27(1)
				(a), Stats.
(2) "Department" means the state of Wisconsin
				department of agriculture, trade and consumer protection.
(2m) "Facility" has the meaning given in
				21
				CFR 117.3.
(3) "Food" has the meaning specified in s.
				97.01(6),
				Stats.
(4) "Food warehouse" means a
				warehouse used for the storage of food, and includes a cold storage warehouse,
				frozen food warehouse, and frozen food locker plant. "Food warehouse" does not
				include:
(a) A warehouse used solely for the
				storage of grain or other raw agricultural commodities.
(b) A retail food establishment, restaurant,
				or other retail facility at which food is stored on a temporary basis
				incidental to retail preparation or sale.
(c) A warehouse located in a dairy plant
				licensed under s.
				97.20, Stats., a
				food processing plant licensed under s.
				97.29,
				Stats., or a meat establishment licensed under s.
				97.42,
				Stats., and used primarily for the storage of food ingredients or food products
				manufactured or processed at the licensed establishment.
(d) A warehouse operated by a milk
				distributor licensed under s.
				97.21(3),
				Stats., and used primarily for the storage and distribution of milk and fluid
				milk products, as defined in s.
				97.01(10)
				(a) and
				97.20(1)
				(c), Stats.
(e) A facility owned or operated by a
				consumer and used by that consumer to store food for the consumer's
				use.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.02 - Food warehouse license; fees

Current through June 24, 2024
(1) LICENSE
				REQUIRED. No person may operate a food warehouse without a valid license issued
				by the department under s.
				97.27, Stats.,
				for that food warehouse. A food warehouse license expires on June 30 annually.
				A separate license is required for every food warehouse location. A license is
				not transferable between persons or food warehouses.
Note:
If a food warehouse is operated as a
				  public storage warehouse, the food warehouse must also be licensed under ch.
				  99, Stats.
(2) LICENSE
				APPLICATION. Application for an annual food warehouse license shall be made on
				a form provided by the department. The application shall include applicable
				fees and surcharges required under this section. An application shall include
				all of the information required under this section for licensing purposes.
Note:
A license application form may be obtained
				  from the State of Wisconsin Department of Agriculture, Trade and Consumer
				  Protection, Division of Food Safety, P. O. Box 8911, Madison, WI
				  53708-8911.
(3) ANNUAL
				LICENSE FEE. An applicant for a food warehouse license shall pay an annual
				license fee as follows:
(a) For a warehouse
				that stores potentially hazardous food, and has fewer than 50,000 square feet
				of storage area, $120.
(b) For a
				warehouse that stores potentially hazardous food, and has at least 50,000
				square feet of storage area, $320.
(c) For a warehouse that does not store
				potentially hazardous food, and has fewer than 50,000 square feet of storage
				area, $80.
(d) For a warehouse that
				does not store potentially hazardous food, and has at least 50,000 square feet
				of storage area, $160.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.025 - Shellfish licensee dealer certification

Current through June 24, 2024
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).
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.03 - Construction and sanitary maintenance

Current through June 24, 2024
(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.
(2) EXTERIOR PREMISES.
(a) The premises immediately adjacent to a
				food warehouse shall be all of the following:
1. Well-drained, so that water does not
				accumulate around the food warehouse.
2. Kept in a neat and orderly
				condition.
3. Free of conditions
				that may contaminate food while the food is being received at, stored in, or
				shipped from the warehouse.
4. Free
				of conditions that may attract or harbor pests.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.04 - Personnel standards

Current through June 24, 2024
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.05 - Food storage and handling

Current through June 24, 2024
(1) GENERAL.
(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.
(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.
(c) The
				amount of food stored in a food warehouse shall not exceed the reasonable
				capacity of that warehouse.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.06 - Records

Current through June 24, 2024
(1) A food warehouse operator shall keep
				accurate records of warehouse operations, including all of the following:
(a) A record of each lot of food received for
				storage at the food warehouse, including all of the following:
1. The name and address of the person who
				shipped the lot, and the carrier who delivered the lot to the
				warehouse.
2. A description of the
				lot, including the identity of the food, the number of individual units, and
				the total quantity included in the lot.
3. The date on which the lot was
				received.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 71 - Food Warehouses And Milk Distributors › Section ATCP 71.10 - Milk distributors; license and fees

Current through June 24, 2024
(1) LICENSE
				REQUIRED. No person may operate as a milk distributor without an annual license
				from the department, as provided in s.
				97.21,
				Stats. A license expires on April 30 annually.
(2) LICENSE APPLICATION. Application for an
				annual milk distributor license shall be made on a form provided by the
				department. The application shall be accompanied by each applicable fee and
				surcharge required under sub. (3). An application shall include all of the
				information required under this section for licensing purposes.
(3) LICENSE FEES. A milk distributor shall
				pay the following fees:
(a) An annual license
				fee. The license fee is $75 for each storage facility operated by the milk
				distributor.
(b) A reinspection
				fee, if required under s.
				97.21(4)
				(b), Stats., for each reinspection of a
				storage facility operated by the milk distributor. The reinspection fee is $30
				for each reinspected storage facility.
(c) A surcharge, in the amount specified by
				s.
				97.21(4)
				(c), Stats., if required by s.
				97.21(4)
				(c), Stats.