food factory regulations

433 ATCP 70.02AGRICULTURE, TRADE & CONSUMER PROTECTION

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Register, November, 2006, No. 611

Chapter ATCP 70

FOOD PROCESSING PLANTS

Subchapter I — Scope and DefinitionsATCP 70.01 Scope.ATCP 70.02 Definitions.

Subchapter II — General RequirementsATCP 70.03 Food processing plants; licensing; fees.ATCP 70.04 Construction and maintenance.ATCP 70.05 Personnel standards.ATCP 70.06 Equipment and utensils.ATCP 70.07 Water supply.ATCP 70.08 Food ingredients.ATCP 70.09 Food handling and storage.ATCP 70.10 Food packages.ATCP 70.11 Sanitizers and sanitizing methods.ATCP 70.115 Ready−to−eat foods; reporting pathogens and toxins.

Subchapter III — Canning Operations; Supplementary RequirementsATCP 70.12 General.ATCP 70.13 Thermally processed low−acid foods packaged in hermetically

sealed containers.ATCP 70.14 Acidified foods.

ATCP 70.15 Facilities and equipment; cleaning.ATCP 70.16 Food packages used in canning operations.ATCP 70.17 Handling raw agricultural commodities and by−products.

Subchapter IV — Fish Processing Plants; Supplementary RequirementsATCP 70.18 General.ATCP 70.185 HACCP plan.ATCP 70.19 Raw materials; preparation.ATCP 70.20 Fish processing operations and controls.ATCP 70.21 Smoked fish processing.ATCP 70.22 Labeling and sale of smoked fish.ATCP 70.225 Caviar processing.

Subchapter V — Bottling Establishments; Supplementary RequirementsATCP 70.23 General.ATCP 70.24 Automatic bottle washing.ATCP 70.25 Returnable and single−service bottles.ATCP 70.26 Product sampling; recordkeeping; reports.

Subchapter VI — Effect of Rules on Local OrdinancesATCP 70.27 Effect of rules on local ordinances.

Note: Chapter Ag 40 as it existed on October 31, 1989, was repealed and a newchapter Ag 40 was created effective November 1, 1989; Chapter Ag 40 was renum-bered ch. ATCP 70 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Subchapter I — Scope and Definitions

ATCP 70.01 Scope. This chapter applies to all food proc-essing plants as defined under s. ATCP 70.02 (17), regardless ofwhether the food processing plant is subject to licensing under s.97.29, Stats., or this chapter.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89.

ATCP 70.02 Definitions. As used in this chapter:(1) “Alcohol beverage” means an alcohol beverage as defined

in s. 125.02 (1), Stats.(2) “Approved sanitizer” means a substance or compound

approved by the department for the sanitizing of equipment orutensils under s. ATCP 70.11 (4).

(3) “Bakery” means any place where bread, crackers, pasta orpies, or any other food product for which flour or meal is the prin-cipal ingredient, are baked, cooked or dried, or prepared or mixedfor baking, cooking or drying, for sale as food.

(4) “Bottle” means the immediate package or container inwhich bottled drinking water, soda water beverage or alcohol bev-erage is sold or distributed for consumption. “Bottle” includes abottle cap or other seal for a bottle.

(5) “Bottled drinking water” means all water packaged inbottles or similar containers and sold or distributed for drinkingpurposes. “Bottled drinking water” includes distilled water, arte-sian water, spring water and mineral water, whether carbonated oruncarbonated.

(6) “Bottling establishment” means any place where drinkingwater, soda water beverage or alcohol beverage is manufacturedor bottled for sale. “Bottling establishment” does not include aretail establishment engaged in the preparation and sale of bever-ages under a license issued under s. 125.26, Stats., or a restaurantpermit or other permit issued under s. 50.51, Stats.

(7) “C−I−P system” means equipment which is designed, con-structed and installed to be cleaned in place by the internal circula-tion of cleaning and sanitizing solutions onto product contact sur-faces.

(8) “Canning” means the preservation and packaging inhermetically sealed containers of low−acid or acidified foods.

(8m) “Cold−process smoked fish” or “cold−process smokeflavored fish” means fish which is treated with smoke or smokeflavoring to give it a smoked flavor, but which is not fully cookedor heat treated to coagulate protein in fish loin muscle.

(9) “Confectionary” means any place where candy, fruit, nutmeats or any other food product is manufactured, coated or filledwith saccharine substances for sale as food.

(9m) “Critical control point” means a point in food processingat which a failure to monitor a food safety variable such as pH,temperature, time, or water activity (aw), or a failure to control anyfood safety variable within critical limits or according to specificcriteria, may result in an unacceptable food safety risk having apotentially adverse impact on human health.

(10) “Department” means the state of Wisconsin departmentof agriculture, trade and consumer protection.

(11) “Equipment” means an implement, vessel, machine orapparatus, other than a utensil, which has one or more food contactsurfaces and is used in the handling or processing of food at a foodprocessing plant. “Equipment” includes C−I−P systems.

(12) “Fish” means any kind of fresh or salt water fish, or sea-food, without limitation.

(12m) “Fish processing plant” means a food processing plantwhich produces processed fish or fish products.

(13) “Food” means:(a) Articles used for food or drink by persons.(b) Chewing gum.(c) Articles used for components of matters specified in pars.

(a) and (b).(14) “Food contact surface” means any surface of equipment,

utensils or food packages with which food normally comes indirect contact, or from which materials may drain, drip or other-wise be drawn into food.

(15) “Food package” means the immediate container in whichfood is sold or shipped from a food processing plant. “Food pack-age” includes a bulk container or shipping container which hasone or more food contact surfaces.

(16) “Food processing” means the manufacture or prepara-tion of food for sale through the process of canning, extracting,fermenting, distilling, pickling, freezing, baking, drying, smok-ing, grinding, cutting, mixing, coating, stuffing, packing, bottlingor packaging, or through any other treatment or preservation pro-cess. “Food processing” includes the activities of a bakery, con-

434 ATCP 70.02 WISCONSIN ADMINISTRATIVE CODE



fectionary or bottling establishment, and also includes the receiptand salvaging of distressed food for sale or use as food. “Foodprocessing” does not include any of the following:

(a) Activities covered under a dairy plant license issued unders. 97.20, Stats.

(b) Activities covered under a meat or poultry establishmentlicense issued under s. 97.42, Stats.

(c) The retail preparation and processing of meals for saledirectly to consumers or through vending machines if the prepara-tion and processing is covered under a restaurant permit or otherpermit issued under s. 254.64, Stats.

(d) Activities inspected by the federal department of agricul-ture under 21 USC 451 to 695 and 21 USC 1031 to 1056.

(e) The extraction of honey from the comb, or the productionand sale of raw honey or raw bee products by a beekeeper.

(f) The washing and packaging of fresh fruits and vegetablesif the fruits and vegetables are not otherwise processed at the pack-aging establishment.

(g) The receipt and salvaging of distressed food for sale or useas food if the food is received, salvaged and used solely by a chari-table organization and if contributions to the charitable organiza-tion are deductible by corporations in computing net incomeunder s. 71.26 (2) (a), Stats.

(17) “Food processing plant” means any place where foodprocessing is conducted. “Food processing plant” does notinclude any establishment subject to the requirements of s. 97.30,Stats., or any restaurant or other establishment holding a permitunder s. 50.51, Stats., to the extent that the activities of that estab-lishment are covered by s. 97.30, Stats., or the permit under s.50.51, Stats.

(17m) “Hazard analysis and critical control point plan” or“HACCP plan” means a food processing plan under which a foodprocessing plant operator effectively prevents food safety hazardsby monitoring food safety variables at critical control points, andby controlling those variables within critical limits.

(17n) “Hot−process smoked fish” or “hot−process smoke fla-vored fish” means fish that is all of the following:

(a) Fully cooked or heat treated, or sold or represented as beingfully cooked or heat treated.

(b) Treated with smoke or smoke flavoring to give it a smokedflavor.

(18) “Ingredient water” means water used by a food process-ing plant as an ingredient for food.

(19) “Loin muscle” means the longitudinal quarter of thegreat lateral muscle of a fish, freed from skin, scales, visible bloodclots, bones, gills and viscera and from the nonstriated part of suchmuscle, which part is known anatomically as the median superfi-cial muscle.

(20) “Official methods of analysis” means the official meth-ods of analysis of the association of official analytical chemists,fourteenth edition (1984).

Note: Those portions of the official methods of analysis cited in this chapter areon file with the department, the secretary of state and the legislative reference bureau.The complete volume of official methods of analysis may be obtained from the asso-ciation of official analytical chemists, 1111 North Nineteenth Street, Suite 210,Arlington, Virginia 22209.

(21) “Operations water” means water which is used by a foodprocessing plant for cleaning equipment and utensils, handwash-ing, or other cleaning or sanitizing purposes.

(22) “Potentially hazardous food” means a natural or pro-cessed food, consisting wholly or in part of milk, milk products,eggs, meat, poultry, fish, shellfish, edible crustacea, or other foodsof animal origin, or consisting wholly or in part of heat−treatedfoods of plant origin, raw seed sprouts, cut melon, or any garlicand oil mixture, which is capable of supporting the rapid and pro-gressive growth of infectious or toxigenic microorganisms, thegrowth of Clostridium botulinum, or the production of Clostri-

dium botulinum toxins. “Potentially hazardous food” does notinclude any of the following:

(a) An air cooled hard boiled egg with shell intact.(b) A food with a water activity (aw) value of 0.85 or less.(c) A food with a hydrogen ion concentration (pH) of 4.6 or

below when measured at 75�F. (24�C.).(d) A food, in a hermetically sealed package, that is commer-

cially processed to achieve and maintain commercial sterilityunder conditions of non−refrigerated storage and distribution.

(22m) “Processed fish” means fish that is processed or pre-served for human consumption by means of smoking, curing, salt-ing, drying, marinating, pickling, fermenting or related processes.“Processed fish” does not include fish processed in accordancewith s. ATCP 70.13 or 70.14.

(22n) “Reduced oxygen packaging” means packaging thatreduces the amount of oxygen in a package by mechanically eva-cuating the oxygen, displacing the oxygen with another gas orcombination of gases, or otherwise controlling the oxygen contentin a package to a level below the level of 21% normally found inthe surrounding atmosphere. “Reduced oxygen packaging”includes altered atmosphere, modified atmosphere, controlledatmosphere, low oxygen and vacuum packaging.

(23) “Safe temperatures” means one of the following:(a) Temperatures at or above 140�F. (60�C.) for potentially

hazardous heated foods.(b) Temperatures at or below 41�F. (5�C.) for potentially haz-

ardous refrigerated foods, except as provided under par. (c).(c) Temperatures at or below 38�F. (3.4�C.) for refrigerated

fish or fish products.(d) Temperatures at or below 0�F. (−17�C.) for potentially

hazardous frozen foods.(24) “Salt content” or “salt in the water phase,” means the per-

cent salt (sodium chloride) as determined by the method describedin sections 18.034 and 18.035 of the official methods of analysis,multiplied by 100 and divided by the percent salt (sodium chlo-ride) plus the percent moisture in the finished product as deter-mined by the method described in section 24.002 of the officialmethods of analysis.

(25) “Sanitize” means to destroy pathogens and other micro-organisms, to the maximum practicable extent, by the applicationof an approved sanitizer or sanitizing method to food contact sur-faces of equipment, utensils or food packages which are otherwiseclean.

(26) “Single service article” means any utensil or food pack-age, or any part of a utensil or food package, which is designed tobe used only once prior to disposal.

(27) “Smoked fish” means any food obtained by subjectingfresh fish, frozen fish, dried fish or cured fish to the direct actionof smoke or smoke flavor, whether by burning wood or a similarburning material, or by applying a smoke−flavored solution, forthe primary purpose of imparting the flavor and color of smoke tofish.

(28) “Soda water beverage” means all beverages commonlyknown as soft drinks or soda water, whether carbonated, uncarbo-nated, sweetened or flavored.“Soda water beverage” does notinclude alcohol beverages.

(29) “Utensil” means a hand−held or similarly portable con-tainer or device, such as a tong, spatula, strainer or scoop, whichhas one or more food contact surfaces and is used in the processingor handling of food at a food processing plant. “Utensil” does notinclude a food package.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; cr. (8m), (9m),(17m), (17n), (22n), am. (12m), (16) (c), (20), r. and recr. (22), (23), Register, April,1996, No. 484, eff. 5−1−96.




Subchapter II — General Requirements

ATCP 70.03 Food processing plants; licensing;fees. (1) LICENSE REQUIRED. Except as provided under sub. (7),no person may operate a food processing plant without a validlicense issued by the department for that food processing plantunder s. 97.29, Stats. A food processing plant license expires onMarch 31 annually. A license is not transferable between personsor food processing plants.

(2) LICENSE APPLICATION. Application for an annual foodprocessing plant license shall be made on a form provided by thedepartment. The application shall include applicable fees requiredunder this section.

(2m) ANNUAL LICENSE FEE. An applicant for a food processingplant license shall pay an annual license fee. Except as providedin sub. (2n), the fee amount is as follows:

(a) For a food processing plant that has an annual productionof at least $25,000 but less than $250,000, and is engaged in proc-essing potentially hazardous food or in canning, an annual licensefee of $326.

(b) For a food processing plant that has an annual productionof at least $250,000 and is engaged in processing potentially haz-ardous food or in canning, an annual license fee of $685.

(c) For a food processing plant that has an annual productionof at least $25,000 but less than $250,000, and is not engaged inprocessing potentially hazardous food or in canning, an annuallicense fee of $131.

(d) For a food processing plant that has an annual productionof at least $250,000, and is not engaged in processing potentiallyhazardous food or in canning, an annual license fee of $424.

(e) For a food processing plant that has an annual productionof less than $25,000, an annual license fee of $78.

(2n) CANNING OPERATIONS; LICENSE FEE SURCHARGE. If a foodprocessing plant is engaged in canning operations and has anannual production of $25,000 or more, the operator shall pay anannual license fee surcharge of $261, which shall be added to thelicense fee under sub. (2m).

Note: The treatment of subs. (2m) and (2n) first applies to applications for newlicenses that are filed on or after February 1, 1998 and to renewals of food processingplant licenses which expire on March 31, 1998.

(2r) REINSPECTION FEE. (a) If the department reinspects a foodprocessing plant because the department has found a violation ofch. 97, Stats., or this chapter on a regularly scheduled inspection,the department shall charge the food processing plant operator thereinspection fee specified under par. (b). A reinspection fee ispayable when the reinspection is completed, and is due upon writ-ten demand from the department. The department may issue ademand for payment when it issues a license renewal applicationform to a food processing plant operator.

(b) The reinspection fee required under par. (a) is as follows:1. For a food processing plant that has an annual production

of less than $250,000, and is engaged in processing potentiallyhazardous food or in canning, the reinspection fee is $209.

2. For a food processing plant that has an annual productionof at least $250,000, and is engaged in processing potentially haz-ardous food or in canning, the reinspection fee is $431.

3. For a food processing plant that has an annual productionof less than $250,000, and is not engaged in processing potentiallyhazardous food or in canning, the reinspection fee is $123.

4. For a food processing plant that has an annual productionof $250,000 or more, and is not engaged in processing potentiallyhazardous food or in canning, the reinspection fee is $400.

5. For a food processing plant that has an annual productionof less than $25,000 the reinspection fee is $49.

(3) ACTION ON LICENSE APPLICATION. The department shallgrant or deny a license application within 40 business days afterthe department receives a complete application. If the department

denies the license application, the department shall notify theapplicant, in writing, of the reasons for the denial. Except as pro-vided under sub. (5), the department may conditionally grant alicense application by issuing a temporary license under sub. (4).

(4) TEMPORARY LICENSE. (a) The department may issue a tem-porary license, for a period not to exceed 40 business days, pend-ing final action on an application for an annual food processingplant license. The department shall grant or deny the annuallicense application before the temporary license expires. If thedepartment denies an annual license application before the appli-cant’s temporary license expires, the temporary license is auto-matically terminated when the applicant receives written notice ofthe denial.

(b) The holder of a temporary license may not procure farmproducts from producers, except as specifically authorized by thedepartment in writing. The department may not authorize a foodprocessing plant operator to procure farm products from produc-ers unless the food processing plant operator complies with subch.VI of ch. 126, Stats.

(c) The holder of a temporary license acquires no license rightsbeyond those conferred by the temporary license. A temporarylicense may not be issued in response to a renewal application bythe holder of an existing license.

(5) PRE−LICENSE INSPECTION. The department may inspect afood processing plant, as the department deems necessary, beforeissuing a license for the food processing plant. The departmentmay not issue a license or temporary license for a new food proc-essing plant until the department inspects the new food processingplant for compliance with this chapter. A previously licensed foodprocessing plant is not considered a new food processing plantunder this subsection solely because of a change of ownership, orsolely because of alterations in the food processing plant.

(6) DENIAL, SUSPENSION OR REVOCATION OF LICENSE; CONDI-TIONAL LICENSE. The department may deny, suspend or revoke alicense, or impose conditions on a license as provided under s.93.06 (7) and (8), Stats. Except as otherwise provided by statuteor rule, the suspension or revocation of a license shall comply withthe prior notice requirements of s. 227.51, Stats.

(7) LICENSE EXEMPTIONS. A food processing plant license isnot required under s. 97.29, Stats., or this section for:

(a) A retail food establishment which is engaged in food proc-essing if all of the following apply:

1. The retail food establishment is licensed by the departmentunder s. 97.30, Stats., or by an agent city, village or county underss. 97.30 and 97.41, Stats.

2. Wholesale receipts from food processing operations at theretail food establishment comprise no more than 25% of grossannual food sales from the retail food establishment. If a licensedretail food establishment is also licensed as a dairy plant under s.97.20, Stats., or as a meat establishment under s. 97.42, Stats.,sales of dairy or meat products processed at the establishmentshall be excluded from the calculation of food sales receipts underthis subdivision.

3. The retail food establishment is not engaged in canning orproduction of processed fish.

(b) A restaurant holding a permit under s. 50.51, Stats., if eitherof the following applies:

1. The restaurant does not process food for wholesale dis-tribution, and is not engaged in canning or production of pro-cessed fish.

2. The restaurant is licensed as a retail food establishment,and is exempt from licensing as a food processing plant under par.(a).

(c) Food processing operations conducted at a dairy plantlicensed under s. 97.20, Stats., if both of the following apply:




1. Receipts from non−dairy food processing operations at thatlocation comprise no more than 25% of gross annual dairy andnon−dairy food sales from that location.

2. The dairy plant is not engaged in canning foods other thandairy products, or in production of processed fish.

(d) Food processing operations conducted at a meat establish-ment, by the operator of the meat establishment, if all of the fol-lowing apply:

1. The meat establishment is licensed under s. 97.42, Stats.,or inspected under 21 USC 71 et seq. or 21 USC 451 et seq.

2. Receipts from non−meat food processing operations at thatlocation comprise no more than 25% of gross annual meat andnon−meat food sales from that location.

3. The meat establishment is not engaged in canning foodother than meat or meat products, and is not engaged in productionof processed fish.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; am. (1) and (2), cr.(2m), (2n) and (2r), Register, January, 1998, No. 505, eff. 2−1−98; CR 05−044: am.(2), (2m), (2n), (2r), and (3) Register December 2005 No. 600, eff. 1−1−06; CR06−028: am. (4) (b) Register November 2006 No. 611, eff. 12−1−06.

ATCP 70.04 Construction and maintenance.(1) CONSTRUCTION AND MAINTENANCE; GENERAL. Buildings,facilities and equipment used in the operation of a food processingplant shall be of sound construction, and shall be capable of beingmaintained in a clean and sanitary condition. The interior andexterior portions of a food processing plant, and the premises onwhich the food processing plant is located, shall be kept free ofunhealthful or unsanitary conditions, and shall be maintained incompliance with this chapter.

(2) FLOORS, WALLS AND CEILINGS. Floors, walls and ceilings ina food processing plant shall be kept clean and in good repair.Floors, walls and ceilings in processing areas, toilet rooms, andareas used for the cleaning or storage of equipment or utensilsshall be constructed of smooth, impervious and easily cleanablematerials. This does not prohibit the use of easily cleanable anti−slip floors. Walls and ceilings in processing areas shall be lightcolored. A food processing plant constructed or altered in a man-ner which changes the dimensions of a processing area after June30, 1989 shall conform to the following requirements:

(a) The junctions of walls and floors in processing areas shallbe coved to facilitate cleaning.

(b) Floors which are waterflushed for cleaning, or on whichwater or fluid wastes are discharged, shall have an adequate num-ber of floor drains and be adequately sloped to ensure properdrainage to the floor drains.

(c) An adequate number of service sinks or curbed floor drainsshall be provided for use in the cleaning of mops or wet floorcleaning tools, and for the disposal of mop water or similar wastes.

(3) PROCESSING AREA SEPARATED. Within a food processingplant, food processing areas shall be separated by partition or belocated at an adequate distance from other operations which maycontaminate unpackaged food, so that contamination is effec-tively precluded. No processing may be conducted in a room usedas living or sleeping quarters. If a food processing area shares oneor more walls with adjacent living or sleeping quarters, processingoperations shall be separated from the adjacent living or sleepingquarters by a tight−fitting, self−closing door.

(4) DOORS AND WINDOWS. Doors, windows, skylights, tran-soms and other openings to the outside shall be tight−fitting, freeof breaks, and effectively screened or protected against the entryof rodents, insects, birds and other animals. External doors, otherthan overhead doors in delivery areas, shall be self−closing. Exter-nal doors shall be kept closed when not in use.

(5) LIGHTING. (a) Lighting in every area of a food processingplant, whether natural or artificial, shall be sufficient for the pur-pose for which the area is used. Artificial lights in processing areasshall be equipped with protective shields or shatter resistant bulbs.

(b) There shall be not less than 20 foot candles (215 lux) of illu-mination on all processing surfaces. On surfaces used to inspectwashed returnable food packages prior to repackaging, there shallbe not less than 100 foot candles (1075 lux) of illumination.

(c) Except as provided in par. (b), the interior of a food process-ing plant shall be illuminated to the following levels measured 3feet from the floor:

1. Not less than 20 foot candles (215 lux) in processing areas,equipment and utensil cleaning areas, handwashing areas and toi-let areas.

2. Not less than 10 foot candles (108 lux) in food storageareas.

(6) VENTILATION. There shall be adequate ventilation in allareas where food is processed or handled, in all areas where equip-ment or utensils are cleaned or sanitized, and in all dressing rooms,locker rooms, toilet rooms, employee break rooms, and garbageor rubbish storage areas. Ventilation shall be adequate to removeexcessive heat, steam, condensation, vapors, obnoxious odors,smoke and fumes. Ventilation systems shall be positioned so thatexhaust air is not vented onto exposed food, or onto clean foodpackages, equipment or utensils. Intake fans shall be equippedwith filters that are readily removable for cleaning and replace-ment. Intake filters shall be capable of removing at least 85% ofparticulate matter that is 5 microns or larger in size. Exhaust fans,intake fans, ventilation ducts and filters shall be kept clean and ingood repair, and shall be screened or louvered to prevent contami-nation of food by dust, dirt, insects or other contaminants. Ventila-tion systems, if used to ventilate any area of a food processingplant where exposed potentially hazardous food is handled, shallbe capable of maintaining positive pressures in that area.

(7) TOILET FACILITIES. (a) A sufficient number of sanitary toi-lets to accommodate all employees, in accordance with applicablestate and local regulations, shall be provided in convenient loca-tions. Toilet rooms shall be completely enclosed, well−lighted andequipped with tight−fitting, self−closing doors. Toilet rooms andfixtures shall be easily cleanable, and shall be kept clean and ingood repair. Toilet rooms constructed, substantially reconstructedor extensively altered after June 30, 1989:

1. Shall be separately vented to the outside;2. Shall be equipped with an exhaust fan capable of creating

a negative pressure within the toilet facility; and3. Shall not open directly into a food processing area.

(b) Handwashing facilities shall be located in or adjacent toevery toilet room. Handwashing facilities shall include hot andcold running water, soap in a soap dispenser, and a sanitary single−service means of drying the hands. A sign directing employees towash their hands shall be prominently posted in every toilet roomused by employees. If handwashing facilities are installed afterJune 30, 1989, the facilities shall comply with the followingrequirements:

1. The facility shall be served by hot and cold running waterprovided through a mixing valve or combination faucet, or bypotable tempered water.

2. Faucets shall be of a type which is not hand−operated. Ifa self−closing, slow−closing or metering faucet is used, that faucetshall provide a flow of water for at least 15 seconds without theneed to reactivate the faucet.

(c) An easily cleanable covered trash receptacle and an ade-quate supply of toilet tissue shall be available in every toilet roomat all times.

(8) LOCKER AND LINEN FACILITIES. Lockers or comparablefacilities shall be provided for clothing and similar personal itemsof employees. Personal clothing and other personal items ofemployees shall not be stored in food processing or food storageareas, or in areas where food packages, equipment or utensils arecleaned or stored. Protective clothing worn during processingshall be stored in an orderly and sanitary manner. Soiled linen and




clothing shall be kept in non−absorbent containers or laundry bagsuntil removed for laundering. Soiled linen and clothing shall beremoved as often as necessary to prevent unsanitary conditions.

(9) HANDWASHING FACILITIES FOR PROCESSING AREAS. (a)Handwashing sinks with available hot and cold running watershall be provided for use by all persons working in food process-ing areas. The sinks shall be conveniently located for use, andshall be kept in a clean and sanitary condition. A supply of soapor detergent, and sanitary single−service means for drying handsshall be kept available at the sink. If disposable towels are used,a clean, covered waste receptacle shall be provided for their dis-posal.

(b) A handwashing sink installed under this subsection afterJune 30, 1989, shall:

1. Be located in the processing area;2. Be served by hot and cold running water provided through

a mixing valve or combination faucet, or by potable temperedwater; and

3. Be of a type which is not hand operated. If a self−closing,slow−closing or metering faucet is used, that faucet shall providea flow of water for at least 15 seconds without the need to reacti-vate the faucet.

(10) CLEANING FACILITIES. (a) If equipment, utensils or foodpackages are cleaned or sanitized manually, the food processingplant shall be equipped with wash and rinse sinks which are suit-able for all manual cleaning and sanitizing operations. Sinks shallbe conveniently located and adequate in number. Each sink shallbe constructed of stainless steel or other approved materials. Eachsink shall have at least 2 compartments. A sink installed after June30, 1989 shall have at least 3 compartments for washing, rinsingand sanitizing equipment and utensils.

(b) Every sink compartment shall be large enough to accom-modate the immersion of at least 50% of the largest item to becleaned or sanitized in the sink. Every sink compartment shall beserved by hot and cold running water, and shall be cleaned priorto each use.

(c) Drain boards shall be provided in connection with everysink. Drain boards shall be large enough to accommodate soiledequipment and utensils prior to washing, and clean equipment andutensils after they are sanitized. Drain boards shall be located andconstructed so that they do not interfere with washing and sanitiz-ing operations. This paragraph does not prohibit the use of easilymovable dish tables as drain boards if the dish tables comply withthis paragraph.

(d) Brushes and cleaning tools shall be kept clean and in goodrepair. Wiping cloths used to clean equipment and utensils shallbe cleaned and sanitized daily, and shall be stored in an approvedsanitizing solution between uses. Sanitizing solutions for wipingcloths shall be changed at least daily. Wiping cloths used to cleanfood contact surfaces of equipment and utensils shall not be usedfor any other purpose. Single service disposable towels may beused in place of re−usable cloths if they are discarded after eachuse.

(e) If a mechanical system is used to clean or sanitize equip-ment, utensils or food containers, the mechanical system shall bedesigned, installed and maintained so that it is fully effective forthe purpose used.

(11) EXTERIOR PREMISES. The premises surrounding a foodprocessing plant shall be well drained and shall be kept in a cleanand orderly condition. The premises shall be kept free of accumu-lations of trash, garbage, and other potential health nuisances.Driveways and parking lots shall be surfaced or maintained tominimize airborne dust and dirt.

(12) PLUMBING SYSTEM AND SEWAGE DISPOSAL. Sewage andwaste materials from a food processing plant shall be removed ina sanitary manner, in compliance with applicable state and localregulations. All plumbing, plumbing fixtures, and equipment

shall be designed, installed and maintained to prevent backflow,backsiphonage and cross−connections.

Note: Plumbing and plumbing fixtures are subject to the requirements of chs.Comm 81 to 87, enforced by the department of commerce.

(13) GARBAGE AND REFUSE DISPOSAL. Garbage and refuseshall not be allowed to accumulate in or around a food processingplant. Garbage and refuse shall be removed as often as necessaryto maintain the premises in a clean and sanitary condition. Gar-bage storage areas shall be constructed and maintained so thatthey do not attract or harbor insects, rodents or other animals. Gar-bage and refuse shall be held in durable, leakproof, easily clean-able, and pest−resistant containers. Containers shall be kept cov-ered with tight−fitting lids, and shall be cleaned when necessaryto prevent insanitary conditions. Garbage and refuse shall not beburned on the premises, except in compliance with state and locallaws. Garbage and refuse shall not be burned on the premises ifburning may contaminate food.

(14) CONTROL OF PESTS. Effective measures shall be taken, asnecessary, to control insects, rodents and other pests in a foodprocessing plant. Pesticides and other hazardous substances shallnot be stored or used in a manner which may contaminate food,or which may constitute a hazard to employees or the public. Pes-ticides shall not be stored, handled or used in a manner inconsis-tent with label directions, or in a negligent manner.

Note: Pesticide storage and use must comply with ss. 94.67 to 94.71, Stats., andch. ATCP 29. Pesticides must be registered for use by the U.S. environmental protec-tion agency or by the department.

(15) CONSTRUCTION; PLAN REVIEW. Before a food processingplant is constructed, substantially reconstructed or extensivelyaltered, the operator of the food processing plant shall notify thedepartment in writing. Plans and specifications for the construc-tion, conversion or alteration may be submitted to the departmentfor review before the work is begun. Plans and specifications shallbe available for review by the department upon request.

(16) VARIANCES. The department may issue a written waivergranting a variance from a construction standard under this sec-tion if the department finds that the variance is reasonable and nec-essary under the circumstances, and that it will not compromisethe purpose served by the construction standard. The administra-tor of the department’s division of food safety may issue a waiveron behalf of the department. The department shall issue a waiverin writing, and shall keep a copy of the waiver on file for as longas the waiver remains in effect.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; am. (6), (10) (d), cr.(16), Register, April, 1996, No. 484, eff. 5−1−96.

ATCP 70.05 Personnel standards. (1) CLEANLINESS.Persons engaged in food processing shall maintain a high degreeof personal cleanliness, and shall observe good hygienic practicesduring all working periods. Persons engaged in food processingshall wash their hands before beginning work and upon returningto work after using toilet facilities, eating, smoking or engagingin other activities which may contaminate the hands. Personsengaged in food processing shall keep their fingernails clean andneatly trimmed, and shall not wear fingernail polish unless theywear sanitary gloves at all times when handling food.

(2) CLOTHING AND JEWELRY. Persons in food processing areasor handling unpackaged food shall wear clean, washable outergarments and effective hair restraints, including effective hairrestraints for beards longer than 1/2 inch. Hair restraints mayinclude hair nets, caps and snoods, but do not include hairsprays,visors or headbands. Persons working in food processing areas orhandling unpackaged food shall remove all jewelry from theirhands and fingers before having any direct manual contact withfood or food contact surfaces. Jewelry shall not be worn in a man-ner which creates a risk of food contamination. This subsectiondoes not apply to plain band wedding rings.

(3) EMPLOYEE HEALTH. No person who by medical examina-tion or supervisory observation has or is reasonably suspected ofhaving any of the following conditions may work in a food proc-




essing plant in any capacity that may result in the contaminationof food, or in the contamination of equipment or utensils used toprocess or handle food:

(a) A communicable disease.(b) Any symptom of an acute gastrointestinal illness.(c) A discharging or open wound, sore or lesion on the hands,

arms or other exposed portions of the body.(4) CONSUMPTION OF FOOD, BEVERAGES, AND TOBACCO. No

person may consume food, beverages or tobacco in any food proc-essing area, or in any area where food processing equipment orutensils are cleaned or stored. Employees may not consume food,beverages or tobacco except in designated areas which are sepa-rated from food processing areas. This subsection does not pro-hibit a sanitary water fountain in a processing area, nor does it pro-hibit on−line quality control sampling in accordance with writtenquality control procedures established by the food processingplant operator.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. (3), Regis-ter, April, 1996, No. 484, eff. 5−1−96.

ATCP 70.06 Equipment and utensils. (1) CONSTRUC-TION AND MAINTENANCE; GENERAL. Equipment and utensils shallbe of sanitary design and construction. Equipment and utensilsshall be readily accessible for cleaning and inspection and shall beconstructed so that they can be easily cleaned. Equipment andutensils shall be kept clean and in good repair.

(2) FOOD CONTACT SURFACES. Food contact surfaces of equip-ment and utensils shall be constructed of stainless steel or othermaterials which are smooth, impervious, nontoxic, noncorrosive,nonabsorbent and durable under normal use conditions. Foodcontact surfaces shall be easily cleanable, and shall be free ofbreaks, open seams, cracks or similar defects. Food contact sur-faces shall not impart any odor, color, taste or adulterating sub-stance to food. Food contact surfaces, other than food contact sur-faces of approved C−I−P systems, shall be readily accessible formanual cleaning. Joints and fittings shall be of sanitary design andconstruction.

Note: Hard maple or other material which is non−absorbent may be used for cut-ting blocks, boards and bakers’ tables. Sanitary wooden paddles in good conditionmay be used in confectionaries.

(3) C−I−P SYSTEMS. C−I−P systems shall be of sanitary designand construction, and shall be installed and maintained for sani-tary operation. A C−I−P system shall be installed and maintainedso that cleaning and sanitizing solutions can be circulatedthroughout all interior product contact surfaces of the system.C−I−P systems shall be equipped with adequate inspection portsor other access points. C−I−P systems shall be self−draining, orshall be capable of being easily and completely drained. A tem-perature recording device, which accurately records the returntemperatures of cleaning and sanitizing solutions on a tempera-ture recording chart, shall be installed in all circuits through whichcleaning and sanitizing solutions are circulated.

(4) LOCATION AND INSTALLATION OF EQUIPMENT. Equipmentwhich cannot be easily moved shall be installed in a manner whichprevents liquid or debris from accumulating under or around theequipment. Equipment shall be installed so that there is adequateclearance on all sides for cleaning and maintenance. This does notapply to that portion of a tank or container which is designed andinstalled to protrude into or through the wall or ceiling of a foodprocessing plant. Air intake vents for food or ingredient storagecontainers shall be located in processing areas or shall be properlyfiltered.

(5) MEASURING DEVICES AND CONTROLS. Every freezer andcold storage compartment used to store or hold potentially hazard-ous food shall be equipped with a thermometer or other devicewhich accurately indicates the temperature in the compartment.Instruments and controls used for measuring, regulating andrecording temperatures, pH, acidity, water activity, or other condi-tions that control or prevent the growth of undesirable microor-

ganisms in food shall be accurate, and shall be adequate for theirintended use.

(6) LUBRICATION. Equipment shall be designed and con-structed so that gear and bearing lubricants do not come in contactwith food or food contact surfaces. Only food grade lubricantsmay be used in equipment if incidental food contact may occur.

(7) CLEANING AND SANITIZING EQUIPMENT AND UTENSILS; GEN-ERAL. (a) Except as authorized by the department in writing, foodcontact surfaces of equipment and utensils shall be cleaned imme-diately after each day’s use, and prior to any change in use whichmay result in cross−contamination of food. Food contact surfacesshall be cleaned more frequently, as necessary, to maintain themin a sanitary condition.

(b) Food contact surfaces of equipment used solely to processlow moisture food ingredients, chocolate, fats and oils, liquidnutritive sweeteners, peanut butter, or similar foods which are notpotentially hazardous, shall be maintained in a sanitary condition.If wet cleaning may cause conditions conducive to microbialgrowth, other effective cleaning methods shall be used.

(c) Food contact surfaces of equipment and utensils shall besanitized before each day’s use, and before any change in usewhich may result in cross−contamination of food. Sanitizingmethods shall comply with s. ATCP 70.11.

(8) CLEANING AND SANITIZING C−I−P SYSTEMS. C−I−P systemsshall be cleaned and sanitized in compliance with manufacturerspecifications. Cleaning and sanitizing records shall be main-tained for all C−I−P systems. The records shall identify everyC−I−P system which has been cleaned or sanitized, the date andtime when each C−I−P system was cleaned and sanitized, the tem-perature of the cleaning or sanitizing solution, and the length oftime for which the C−I−P system was exposed to each cleaningand sanitizing solution. Records shall be signed or initialed by aresponsible person at the food processing plant. Records shall bemaintained on file at the food processing plant for at least 90 days,and shall be made available for inspection and copying by thedepartment upon request.

(9) STORAGE OF CLEAN EQUIPMENT AND UTENSILS. Equipmentand utensils, unless stored in an approved sanitizing solution, shallbe stored so as to drain dry. Equipment and utensils shall be pro-tected from contamination prior to use.

(10) SINGLE−SERVICE ARTICLES. Single−service articles shallbe stored in the original containers in which they were received,or in other closed containers which will protect them from con-tamination prior to use. Single−service articles shall not be re−used.


ATCP 70.07 Water supply. (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 811or 812.

(b) Operations water shall be available in consistently ade-quate quantity, and shall comply with the health related drinkingwater standards in ch. NR 809.

(c) If a food processing plant operator obtains operations waterfrom a privately owned water system, the operator shall samplethat water at least once annually. The operator shall have eachsample tested by a laboratory certified under ch. ATCP 77, forcompliance with the microbiological standards under s. NR809.30.

(d) A food processing plant operator shall keep on file, for atleast one year, the results of all microbiological and other testsconducted on operations water sampled at the food processingplant.

(e) Operations water used to wash field soil from raw fruits andvegetables may be reused for the following purposes if it is firstfiltered to remove soil and other particulate matter:




1. Washing subsequent deliveries of raw fruit or vegetablesat the processing plant.

2. Flushing floors and gutters in the receiving area of the proc-essing plant.

(2) INGREDIENT WATER. (a) Ingredient water, other than waterreclaimed according to sub. (3), shall be obtained from a sourcethat complies with ch. NR 811 or 812. Water reclaimed from foodprocessing operations may not be used as an ingredient in bottleddrinking water or in any soda water beverage.

(b) Ingredient water shall comply with the health related drink-ing water standards under ch. NR 809. If ingredient water forbottled drinking water or soda water beverages is obtained froma privately owned water supply, that water shall also comply withthe health related enforcement standards under s. NR 140.10.

(c) If a food processing plant operator obtains ingredient waterfrom a privately owned source, the operator shall sample thatingredient water at least once annually. The operator shall haveeach sample tested by a laboratory certified under ch. ATCP 77,for compliance with the microbiological standards under s. NR809.30.

(d) If a food processing plant operator obtains ingredient waterfrom a municipal source, the operator shall do all of the following:

1. Use current good manufacturing practices in handling thatwater, including safe and sanitary equipment, utensils, productioncontrols and process controls that conform to good public healthpractice.

2. Provide documentation to the department, at the depart-ment’s request, that the water complies with the microbiologicalstandards under s. NR 809.30. Documentation may consist ofinformation provided by the municipality.

(e) A food processing plant operator shall keep on file, for atleast 5 years, the results of all microbiological and other tests con-ducted on ingredient water sampled at the food processing plant.The operator shall make the records available for inspection andcopying by the department upon request.

(3) RECLAIMED WATER. (a) Water reclaimed from food proc-essing operations may not be used as ingredient water unless allof the following apply:

1. The water is reclaimed by condensation, or by another rec-lamation process approved by the department.

2. The water complies with applicable standards under sub.(2) and par. (b).

3. The water is used within 24 hours after it is reclaimed.(b) Water reclaimed from food processing operations may not

be reused as operations water or ingredient water unless all of thefollowing requirements are met:

1. The food processing plant operator organoleptically teststhe reclaimed water at least weekly. The reclaimed water shall beof satisfactory organoleptic quality, and shall have no off−flavors,odors or slime formations.

2. The food processing plant operator collects daily samplesof reclaimed water for the first 2 weeks after the operator first usesthe reclamation system.

3. The food processing plant operator collects daily samplesof reclaimed water for the first week after the operator puts the rec-lamation system back into use after repairing or altering the sys-tem.

4. The food processing plant operator collects semiannualsamples of reclaimed water produced by the reclamation system.

5. A laboratory certified under ch. ATCP 77, tests the samplescollected under subds. 2. to 4. for compliance with the microbio-logical standards under s. NR 809.30, the bacterial standard undersubd. 6. and the organic matter standard under subd. 7.

6. The total bacterial plate count of every sample tested undersubd. 5. is less than 500 bacteria per milliliter.

7. Every sample tested under subd. 5. has organic content ofless than 12 milligrams per liter, measured by the chemical oxy-gen demand or permanganate−consumed test, or has a standardturbidity of less than 5 units.

8. The reclamation system is equipped with an automatic fail−safe monitoring device which monitors the organic content ofreclaimed water and automatically diverts reclaimed water to asanitary sewer if its organic content exceeds the standard undersubd. 7.

9. Vessels used to hold or distribute reclaimed water are con-structed of easily cleanable material that will not contaminate thewater. Reclaimed operations water held for more than 24 hoursshall be held at a temperature of at least 145� F. (63� C.), or shallbe treated under sub. (4) to suppress bacterial growth.

10. The distribution system for the reclaimed water has nocross−connections to any municipal or private water supply sys-tem.

11. The distribution system for the reclaimed water is effec-tively designed and labeled to ensure that the reclaimed water isnot mistaken for other water, and is used only for purposes autho-rized under this subsection.

(4) WATER TREATMENT. (a) A food processing plant operatormay not use any chemical to suppress bacterial growth in water,or to prevent off−tastes or odors in water, unless that chemical isapproved for that purpose by the federal food and drug administra-tion. Neither the chemical as applied, nor any compound pro-duced by the chemical application, may contribute to the adultera-tion of food.

(b) A food processing plant operator shall apply chemicalsunder par. (a) according to label directions, using an automaticproportioning device. Treated water shall be held for the periodof time specified on the chemical label before it is used as ingredi-ent water or operations water. A food processing plant operatorshall conduct a daily testing program for any chemical added towater, to ensure that the chemical concentration does not contrib-ute to the adulteration of food.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; corrections madeunder s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448; r. and recr. (1), (2),cr. (3), (4), Register, April, 1996, No. 484, eff. 5−1−96; corrections in (1) (c), (2) (c)and (3) (b) 5., made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2001, No.542.

ATCP 70.08 Food ingredients. (1) GENERAL. Foodingredients shall be safe, wholesome and unadulterated, and shallcomply with applicable standards of identity under s. 97.09, Stats.Raw agricultural commodities and other food ingredients shall besegregated and examined as necessary to determine whether theyare clean and fit for processing. Processed foods and dairy prod-ucts which are used as food ingredients shall be obtained fromsources which comply with applicable licensing and inspectionrequirements.

(2) EGGS AND EGG PRODUCTS. Only clean whole eggs, pasteur-ized eggs in liquid, frozen or dry form, or pasteurized egg productsmay be used in processing. Eggs and egg products may be pasteur-ized during processing. Clean whole eggs shall be equivalent toUSDA Grade B or better with shells intact and without cracks andchecks.


ATCP 70.09 Food handling and storage. (1) GEN-ERAL. Food shall be protected from contamination and decom-position while being processed, handled, conveyed or held at afood processing plant. Food shall be processed and held in a man-ner which keeps the food in a safe, wholesome and unadulteratedcondition. Potentially hazardous foods shall be processed andheld at temperatures, or in a manner, which minimizes the poten-tial for growth of undesirable microorganisms.

(2) FOOD STORAGE. Food storage areas shall be maintained ina clean, sanitary and orderly condition, free from conditionswhich may result in the adulteration of food. Potentially hazard-




ous foods shall be stored at safe temperatures. Storage areas shallbe constructed and maintained so that waste water and other wasteliquids do not drain into, or accumulate in any storage area. Foodshall not be stored in a manner which may tend to attract or harborpests.

(3) FOOD PROCESSING. (a) Food processing shall be conductedunder appropriate conditions and controls to minimize the poten-tial for growth of undesirable microorganisms, or the contamina-tion of food.

Note: One way to comply with this requirement is to follow a HACCP plan whichmonitors and controls food safety variables at critical control points in the manufac-turing process. Monitoring and controlling food safety variables such as time, tem-perature, humidity, water activity (aw), pH, pressure, and flow rate at critical controlpoints can ensure that mechanical breakdowns, time delays, temperature fluctua-tions, and other conditions do not contribute to the decomposition or contaminationof food.

(b) If potentially hazardous food is heated, refrigerated or fro-zen in the course of processing, the internal temperature of thefood shall be accurately monitored, as necessary, to ensure thatsafe temperatures are promptly attained and maintained.

(c) Potentially hazardous frozen foods, if thawed for process-ing, shall be thawed by one of the following methods:

1. By placing the frozen food in a refrigerated space at a tem-perature of not more than 41�F (5�C).

2. Under potable running water at a temperature of not morethan 70ºF (21ºC). Water velocity shall be sufficient to agitate looseparticles and drain or float them away from the food being thawed.

3. In a microwave oven if the food is fully cooked in themicrowave oven, or if cooking is immediately completed inanother cooking facility.

4. In any cooking facility, as part of the process by which thefood is fully cooked.

(4) BULK FLOUR HANDLING SYSTEMS. (a) Food contact sur-faces of bulk flour handling equipment shall comply with the pro-visions of s. ATCP 70.06 (2). Pneumatic systems using storagebins constructed of semi−permeable cloth material are exemptfrom the requirement that surfaces be smooth and nonabsorbent,provided the surfaces can be effectively cleaned. Attachmentmechanisms for holding inspection port covers, access doors,delivery pipe caps or other removable accessories shall have noloose parts. Delivery pipe caps shall be kept in place, and securedagainst removal, except when a bulk flour handling system is inuse. Outside installations shall be watertight or suitably coveredto prevent entry of water and foreign material.

(b) Intake air used in pneumatic flour handling systems shallbe filtered to exclude particles of 50 microns or larger. Air dis-charged from the system shall be filtered so that no visible dust ispermitted to escape. Filters shall be readily removable for clean-ing or replacement. Straight runs of pneumatic conveyors shallcomply with the provisions of s. ATCP 70.06 (1), except that pip-ing which is self−purging is exempt from accessibility require-ments.

(5) RAW INGREDIENTS AND FINISHED PRODUCTS; SEPARATE HAN-DLING. Effective measures shall be taken to prevent cross contam-ination between raw ingredients and finished food products. Rawingredients shall not be handled simultaneously with finishedproducts in any part of a food processing plant if either the rawmaterials or the finished products are uncovered or unprotected,and if the handling may result in contamination.

(6) SALVAGING DISTRESSED FOOD. (a) In this subsection:1. “Distressed food” means processed food exposed to a fire,

flood, transportation accident, refrigeration breakdown or otherunusual condition which may affect its safety or suitability ashuman food. This subdivision does not include food or food pack-ages damaged during normal conditions of food and food producthandling, transit or storage.

2. “Reconditioned food” means packaged distressed foodwhich is distributed or offered for sale as human food after itspackage is repaired or relabeled without being opened.

3. “Reprocessed food” means distressed food that is subse-quently processed in accordance with the requirements under thischapter and distributed or offered for sale as human food.

(b) A food processing plant operator shall notify the depart-ment within 3 days after the operator takes possession of any dis-tressed food, or within 3 days after food in the operator’s custodybecomes distressed food. The operator shall notify the depart-ment before the operator reprocesses or reconditions the dis-tressed food.

(c) A food processing plant operator shall identify distressedfood as such, and shall separate it from other food. No operatormay store distressed food in a processing area, or under conditionswhich may lead to the contamination of other food, equipment,utensils or packaging materials.

(d) No food processing plant operator may do either of the fol-lowing:

1. Reprocess for sale, as human food, any distressed foodwhich is unwholesome or adulterated.

2. Offer for sale, sell or distribute food in packages that aredamaged to such an extent that the food may have been exposedor subjected to possible contamination, including packages withbulging ends, ruptures, hairline fractures, breakage along criticalseams, or openings which may have exposed food to contamina-tion.

(e) No food processing plant operator may sell or distributereprocessed or reconditioned food at wholesale unless the opera-tor gives the purchaser or recipient written notice that the food isreprocessed or reconditioned. The notice shall also include thename and address of the person who reprocessed or reconditionedthe distressed food. The notice may be included on an invoice, billof lading, or other writing which documents the sale or distribu-tion of the food.

(f) A food processing plant operator shall keep, for at least oneyear, all of the following records related to distressed food han-dled by that operator:

1. A description of the distressed food, including the type offood, the package or container style, and the amount of the food.

2. The source of the distressed food, or the conditions whichcaused it to become distressed food.

3. The date on which the operator received the distressedfood.

4. The nature of any reprocessing or reconditioning which theoperator performed on the distressed food.

5. If the distressed food is not sold directly at retail, the finaldisposition of the distressed food. The record of final dispositionshall include the name and address of the person, such as the foodwholesaler, food distributor, waste disposal firm or waste disposalsite operator, to whom the food processing plant operator deliv-ered the food.

(7) FOOD IRRADIATION. Irradiation in the production, process-ing and handling of food shall comply with applicable federal reg-ulations under 21 CFR 179.

Note: Copies of 21 CFR 179 are on file with the department, the secretary of stateand the legislative reference bureau.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; am. (3) (c) 1., r. andrecr. (6), Register, April, 1996, No. 484, eff. 5−1−96.

ATCP 70.10 Food packages. (1) GENERAL. Food pack-ages shall be of sanitary design and construction, so as to protectfood contents from reasonably foreseeable risks of contamina-tion. Food packages shall be clean, sanitary and free of any extra-neous or deleterious substance. Food shall not be sold or distrib-uted in packages which are damaged to the extent that foodcontents may be adulterated as a result of the damage. A sealedfood package is damaged within the meaning of this subsection ifthe 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 beingreused. Cleaning and sanitizing processes shall remove all extra-neous matter and potential adulterants from a food package beforethe food package is reused. Sanitizing methods shall comply withs. ATCP 70.11. No food package may be reused unless it is specifi-cally designed and constructed for that purpose.

(3) INSPECTION OF RETURNABLE FOOD PACKAGES. Returnableor multi−use packages, after being cleaned and sanitized, shall beinspected before being reused. Inspection shall be adequate todetect extraneous material and adulterants, and any damage toproduct contact surfaces. Inspection shall be performed on sur-faces lighted in compliance with s. ATCP 70.04 (5) (b).

(4) SINGLE−SERVICE FOOD PACKAGES. Single−service foodpackages, including bottle caps and other single−service articlesused to package food, shall be made from clean, sanitary materi-als. Single−service food packages shall be clean and sanitary atthe time of use. Single service food packages shall be protectedfrom contamination prior to use, and shall be handled in a sanitarymanner. Single−service food packages, including single−servicebottles and bottle caps, shall not be re−used.


ATCP 70.11 Sanitizers and sanitizing methods.(1) SANITIZING METHODS. All returnable or multi−use food pack-ages, and all food contact surfaces of equipment and utensils usedto handle potentially hazardous foods, shall be sanitized prior toeach use by one of the following sanitizing methods:

(a) Immersion for at least 30 seconds in clean water at a tem-perature of at least 170ºF (77ºC).

(b) Immersion for a period of at least 2 minutes in a sanitizingsolution containing at least 100 ppm of available chlorine, andhaving a pH not higher than 8.3, at a temperature not less than 75ºF(24ºC) nor more than 110ºF (44ºC).

(c) Immersion for a period of at least one minute in a sanitizingsolution containing at least 12.5 ppm of available iodine, and hav-ing an acid pH not higher than 5.0, at a temperature of not less than75ºF (24ºC) nor more than 110ºF (44ºC).

(d) Immersion in a caustic sanitizing solution according to s.ATCP 70.24.

(e) Application, according to manufacturer’s instructions, ofa nontoxic chemical sanitizer or sanitizing method which has beendemonstrated to be equally effective for sanitizing purposes as themethods described under pars. (a) through (d), and which has beenapproved by the department under sub. (4).

(2) BAKING AND COOKING CONTAINERS; EXEMPTION. Subsec-tion (1) does not apply to baking and cooking containers if heatingtime and temperature combinations meet industry standards andare adequate to destroy pathogenic microorganisms, provided thatthe containers are cleaned, stored and used in a manner which pre-vents contamination of food.

(3) SANITIZERS; MAXIMUM CONCENTRATIONS. Sanitizers andcleaning compounds used on food contact surfaces shall not beused in a way that leaves a toxic residue on the food contact sur-face. Sanitizing solutions shall not exceed the maximum con-centrations established by the food and drug administration,United States department of health and human services, under 21CFR 178.1010. A test kit or other device that measures the con-centration of sanitizing solutions in parts per million shall be usedas necessary to ensure compliance with this subsection at alltimes.

Note: Copies of 21 CFR 178.1010 are on file with the department, the secretaryof state and the legislative reference bureau.

(4) SANITIZERS; DEPARTMENTAL APPROVAL. The departmentshall approve sanitizers and sanitizing methods which the depart-ment finds to be safe and effective for sanitizing equipment, uten-sils and returnable or multi−use bottles.

Note: Sanitizers and sanitizing methods approved by the United States departmentof agriculture under the poultry products inspection act, 21 USC 451 et. seq., or thefederal meat inspection and wholesome meat acts, 21 USC 601 et. seq., or by the Wis-

consin department of health and social services under subch. III. ch. 50, Stats., areapproved by the department. The department may deny or withdraw approval of anysanitizer or sanitizing method, whether or not approved by any other state or federalagency, if the department determines that the sanitizer or sanitizing method is not safeor effective for the purposes or under the conditions used, or that it adversely affectsthe sanitary characteristics of equipment, utensils or food packages.


ATCP 70.115 Ready−to−eat foods; reporting patho-gens and toxins. (1) REQUIREMENT. Except as provided undersub. (2), a food processing plant operator shall report to the depart-ment the results of any microbiological test or laboratory analysiswhich indicates that any ready−to−eat food produced by that oper-ator contains pathogenic organisms or toxins. The operator shallreport to the department within 24 hours after the operator obtainsthe test results. The operator may report orally, electronically orin writing.

(2) EXEMPTION. A food processing plant operator is notrequired to report test results under sub. (1) if all of the followingapply:

(a) The ready−to eat−food is identified by a product code orproduction lot number.

(b) The food processing plant operator has not yet sold or dis-tributed any of the ready−to−eat food represented by the productcode or production lot number under par. (a), but retains directcontrol over all of that ready−to−eat food.

History: Cr. Register, April, 1996, No. 484, eff. 5−1−96.

Subchapter III — Canning Operations;Supplementary Requirements

ATCP 70.12 General. Food processing plants engaged incanning operations shall comply with applicable provisions ofsubch. II. Food processing plants engaged in canning operationsshall also comply with this subchapter.


ATCP 70.13 Thermally processed low−acid foodspackaged in hermetically sealed containers. Persons whothermally process and package low−acid foods in hermeticallysealed containers shall comply with applicable federal regulationsunder 21 CFR 113.



ATCP 70.14 Acidified foods. Persons who process acidi-fied foods shall comply with applicable federal regulations under21 CFR 114.



ATCP 70.15 Facilities and equipment; cleaning.Equipment used to handle raw agricultural commodities at a foodprocessing plant shall be designed, constructed and maintained sothat the equipment is easily cleanable and accessible for cleaning.Equipment shall be kept clean. If necessary to prevent unsanitaryconditions, both water and steam shall be used to clean machineryand equipment. Cleaning equipment, and an ample supply ofwater and steam shall be available for cleaning purposes. Clean-ing equipment shall be adequate for cleaning purposes, and shallbe kept in good repair.


ATCP 70.16 Food packages used in canning opera-tions. Food packages used in canning operations, includingmetal cans and lids, shall be clean and sanitary. Food packagesshall be stored in a manner which protects them from contamina-tion, and shall be properly cleaned before being used. Effectivemechanical washers shall be used to clean food packages prior touse. Washing machines shall be arranged so that waste water doesnot splash or drip onto cleaned or filled food packages.





ATCP 70.17 Handling raw agricultural commoditiesand by−products. (1) Raw agricultural commodities shall bewashed, sorted, trimmed as necessary, and inspected before beingcanned. This does not require the washing of kraut.

(2) Waste and by−products from canning operations shall bestored and handled in a sanitary manner.


Subchapter IV — Fish Processing Plants;Supplementary Requirements

ATCP 70.18 General. Fish processing plants shall complywith applicable provisions of subchapter II. Fish processing plantsshall also comply with this subchapter.


ATCP 70.185 HACCP plan. (1) PLAN REQUIRED. Everyfish processing plant operator shall have and follow a HACCPplan by January 1, 1997, except that the operator of a plant proc-essing smoked fish in reduced oxygen packages shall have andfollow a HACCP plan beginning not later than May 1, 1996. Anoperator shall, upon request, provide the department with a copyof the HACCP plan. The department may require an operator tomodify a HACCP plan to comply with this section.

(2) PLAN CONTENTS. A HACCP plan required under sub. (1)shall clearly and accurately identify, for each type of fish product,all of the following:

(a) Potential food safety hazards, such as microbiological,chemical or physical hazards, related to that fish product.

(b) Critical control points in the processing of that fish productat which the operator will monitor critical variables, such as time,temperature, pH or water activity to ensure that critical limits aremet. Critical control points shall be identified on a process flow-chart which depicts the operator’s entire food processing proce-dure for that product.

(c) The critical limits which must be met at each critical controlpoint under par. (b) to prevent unacceptable food safety hazards.

(d) Procedures which the operator will use to monitor criticalvariables at each critical control point under par. (b) to ensure thatcritical limits are met. An operator shall observe, measure andrecord each critical variable with sufficient frequency and accu-racy to ensure that critical limits are met.

(e) Effective corrective actions which the operator will takewhenever a critical limit is violated. Corrective actions shall doall of the following:

1. Correct the process to restore compliance with critical lim-its.

2. Evaluate the safety of food processed while the criticallimit was violated.

3. Prevent the sale or distribution of any food which presentsan unacceptable food safety hazard.

(f) Methods which the operator will use to verify and ensurecompliance with the procedures under pars. (d) and (e).

(g) Records which the operator will keep related to the imple-mentation of the HACCP plan, including monitoring records. Theoperator shall retain the records for at least 6 months.


ATCP 70.19 Raw materials; preparation. (1) A fishprocessing plant operator shall inspect fish and fish productsbefore they are processed. Fish and fish products used in process-ing shall be sound, wholesome, free of organoleptically detectablespoilage, and free of visible parasites and extraneous matter.

(2) Fish shall be eviscerated in a manner which minimizes dis-turbance of intestinal tract contents. Evisceration equipment shallbe designed and constructed for sanitary operation, and shallminimize contact between viscera and fish parts intended for fur-ther processing.

(3) Fish may not be eviscerated in the same room where fishare processed unless, pursuant to a HACCP plan under s. ATCP70.185, all food contact surfaces and non−food contact surfacesin the room are effectively cleaned and sanitized after the room isused for evisceration and before it is used for processing.

(4) No ready−to−eat fish or fish products may be held or han-dled in the same room where raw fish or fish products are beingprocessed.

(5) Fish shall be free of viscera before they are processed inready−to−eat form. This subsection does not apply to small spe-cies of fish, such as anchovies and herring sprats, that are pro-cessed to have a salt content of at least 10%, a water activity (aw)of less than 0.85, or a pH of 4.6 or less.

(6) Unfrozen fish received for processing shall be refrigeratedto an internal temperature of 38� F. (3.4� C.) or below, and shallbe maintained at that temperature until processed. Frozen fishshall be thawed, by one of the methods prescribed under s. ATCP70.09 (3) (c), immediately before they are processed.

(7) All fish shall be thoroughly washed before they are pro-cessed. Eviscerated fish shall be washed immediately after theyare eviscerated. Frozen fish shall be washed immediately afterthey are thawed or, if subsequently eviscerated, immediately afterthey are eviscerated. Fish shall be washed by a vigorous spray orcontinuous flow of potable water. Washing shall include the bodycavity of eviscerated fish.

(8) Before fish are processed, they shall be frozen or treatedto eliminate parasites which may pose a human health hazard.This subsection does not apply to any of the following:

(a) Fish which are heated to a minimum of 122� F. (50� C.) forat least 10 seconds during processing.

(b) Fish which the consumer normally cooks before consum-ing.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. Register,April, 1996, No. 484, eff. 5−1−96.

ATCP 70.20 Fish processing operations and con-trols. (1) No person may offer for sale, sell or distribute any fishor fish product in a reduced oxygen package unless one of the fol-lowing applies:

(a) The packaged fish or fish product is heat processed, afterthe package is sealed, in a manner which effectively destroys thebacterium Clostridium botulinum (type E) and its spores.

(b) The packaged fish or fish product is frozen to a temperatureof 0� F (−17�C) or below, and the package is labeled on its princi-pal display panel with the statement “PERISHABLE −− KEEPFROZEN PRIOR TO USE” in conspicuous letters which are atleast the size of the letters used in the food name.

(c) The fish or fish product is processed in a manner which ren-ders it no longer a potentially hazardous food.

(d) All fish contained in the package are smoked according tos. ATCP 70.21.

(2) All inedible fish products and wastes shall be promptlysegregated from edible products. Inedible products shall beremoved from the fish processing plant or be placed in containersplainly marked with the words“inedible,” “animal feed,” “not forhuman food” or some similar designation. Containers holdinginedible products and wastes shall be tightly covered. Processingareas, equipment and utensils used to process human food shallnot be used to process animal feed or other inedible products orwastes.

(3) Processing plant personnel shall thoroughly wash and san-itize their hands before handling finished processed fish. No per-son may handle finished processed fish after handling raw fish orraw fish containers unless that person first washes and sanitizeshis or her hands. Processing plant operators shall inform their per-sonnel of these requirements and shall enforce them at all times.

(4) When processing is completed, processed fish shall imme-diately be refrigerated to a temperature of 38ºF (3ºC) or below, and




shall be kept at that temperature. This does not apply to any of thefollowing:

(a) Salted fish which have a salt content of at least 20%.(b) Fish which are frozen immediately after processing and

kept frozen until sold to consumers at retail.(5) Processed fish shall be inserted directly from the final

smoking or processing device into the food package in which theprocessed fish is to be sold or distributed. Processed fish shall notbe packaged in any area where raw fish are handled. No woodencounter box or other intermediate holding container, other than afinal food package, may be used to contain finished processedfish. Processed fish may not be repackaged from one food pack-age to another at the processing plant. Processed fish shall bepackaged in a manner that prevents cross contamination or recon-tamination. Finished processed fish shall not have any direct orindirect contact with raw fish or with equipment or utensils usedto handle raw fish.

(6) No retailer or distributor may repackage consumer sizepackages of processed fish products packaged at a fish processingplant. If a retailer or distributor repackages fish products frompackages other than consumer size packages, the retailer or dis-tributor shall label the repackaged fish according to standards spe-cified for smoked fish under s. ATCP 70.22.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. (1), (6),r. (7), Register, April, 1996, No. 484, eff. 5−1−96.

ATCP 70.21 Smoked fish processing. (1) SALTING ORBRINING REQUIRED. (a) Before any fish is smoked, it shall be drysalted or brined so that the amount of water−phase salt in the loinmuscle of the finished smoked fish meets applicable requirementsunder subs. (2) to (4). The fish shall be rinsed with fresh waterimmediately after it is removed from the salt or brine.

(b) Throughout the dry salting or brining process under par.(a), fish and brine shall be kept at a temperature of not more than38� F. (3� C.).

(c) A fish processing plant operator shall test each type of fin-ished smoked fish product at least quarterly, using an officialmethod of analysis, to ensure that the fish contains the amount ofsalt required under par. (a). The operator shall retain test recordsat the processing plant for at least 6 months, and shall make therecords available to the department for inspection and copyingupon request.

(2) AIR PACKAGED HOT−PROCESS SMOKED FISH. Air packagedhot−process smoked fish shall be processed as follows:

(a) Each fish shall be brined under sub. (1) so that the finishedsmoked fish contains at least 2.5% water−phase salt.

(b) Each fish shall be heated so that the entire fish is held at acontinuous internal temperature of at least 145�F. (63�C.) for atleast 30 minutes.

(3) HOT−PROCESSED SMOKED FISH IN REDUCED OXYGEN PACK-AGES. Hot−processed smoked fish packaged in reduced oxygenpackages shall be processed as follows:

(a) Each fish shall be brined under sub. (1) so that the finishedsmoked fish contains at least 3.5% water−phase salt, except thatfish brined with a sodium nitrite solution containing not less than100 parts per million nor more than 200 parts per million ofsodium nitrite may be brined so that the finished smoked fish con-tains at least 3.0% water−phase salt.

(b) Each fish shall be heated so that the entire fish is held at acontinuous internal temperature of at least 145�F. (63�C.) for atleast 30 minutes.

(4) COLD−PROCESS SMOKED FISH. Cold−process smoked fishshall be processed as follows:

(a) Each fish shall be dry salted or brined so that the finishedsmoked fish contains at least 3.5% water−phase salt, except that:

1. Fish brined with a sodium nitrite solution containing notless than 100 parts per million nor more than 200 parts per million

of sodium nitrite may be brined so that the finished smoked fishcontains at least 3.0% water−phase salt.

2. Fish which is frozen immediately after smoking, whichremains frozen until sold to consumers at retail, and which islabeled according to s. ATCP 70.22 (1) (e), may be brined so thatthe finished smoked fish contains at least 2.5% water−phase salt.

(b) Each fish shall be smoked at a temperature of not more than90�F. (32�C.) for not more than 20 hours, or at a temperature ofnot more than 50�F. (10�C.) for not more than 24 hours.

(5) TEMPERATURE RECORDS. Every smokehouse shall beequipped with a temperature recording device which is designed,installed and maintained to make a continuous record of the inter-nal temperatures of smoked fish. The temperature recordingdevice shall record the internal temperature of the loin muscle offish which are located in the coldest portion of the smokehouse.For every lot of fish smoked, a fish processing plant operator shallkeep a time−temperature recording chart that identifies the spe-cific oven or chamber load and the processing date. Time and tem-perature records shall be kept on file in the smoked fish processingplant for at least 6 months. Temperature recording devices shallbe accurate to within one degree Fahrenheit or 0.5�Celsius.

(6) ALTERNATIVE PROCEDURES; AUTHORIZATION. The depart-ment may authorize a smoking procedure other than a proceduredescribed under subs. (2) to (4) if the department finds that thealternative procedure is equally effective in preventing foodsafety hazards. Authorization, if any, shall be granted in writing,and shall be signed by the department secretary or the administra-tor of the department’s division of food safety.

(7) SMOKE FLAVORING. Smoke flavoring used in processingsmoked fish shall be approved for that purpose by the UnitedStates department of agriculture or the federal food and drugadministration.

(8) PACKAGING LOCATION. Smoked fish may be packaged inreduced oxygen packages only at the processing plant where thefish are smoked.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. Register,April, 1996, No. 484, eff. 5−1−96.

ATCP 70.22 Labeling and sale of smoked fish.(1) Every food package containing smoked fish shall be clearlyand conspicuously labeled, on the principal display panel of thatpackage, with all of the following information:

(a) The name and address of the smoked fish processor or dis-tributor.

(b) The name of the product, including the common speciesname of the fish from which the product is derived.

(c) The net weight of the package contents.(d) If smoked fish contained in the package are sold or distrib-

uted in an unfrozen state, the words “PERISHABLE − KEEPREFRIGERATED AT OR BELOW 38ºF”in conspicuous lettersat least the size of the name of the food.

(e) If smoked fish contained in the package are sold or distrib-uted in a frozen state, the words “PERISHABLE−KEEP FRO-ZEN PRIOR TO USE” in conspicuous letters at least the size ofthe name of the food.

(f) The processing date of the smoked fish.(g) The last date on which the smoked fish may be sold at retail,

which shall be not more than 21 days after the processing dateunder par. (f). This paragraph does not apply to any of the follow-ing:

1. Smoked fish which are distributed and sold in a frozenstate.

2. Smoked fish which are clearly labeled to indicate that theymust be cooked by the consumer prior to consumption.

3. Smoked fish which have more than 10% salt content.




4. Smoked fish which are specifically exempted by thedepartment in writing.

(h) If the contents of the package include cold−process smokedfish, the statement “NOT FULLY COOKED” in letters at least thesize of those used for the name of the food.

(2) Smoked fish shall not be sold more than 21 days after thedate of processing unless the smoked fish are exempt under sub.(1) (g).

(3) Smoked fish processed on different dates may not be com-mingled in the same container, either at the processing plant orwhile the fish is being stored, distributed or offered for sale atwholesale or retail.

(4) No person may misrepresent a smoked fish processingdate, or sell or distribute smoked fish under any processing dateother than the original processing date stated by the processor.

(5) Food consisting of or containing smoked fish shall beimmediately removed from sale, and shall be destroyed or treatedto render it unattractive and unfit for human consumption, if anyof the following occurs:

(a) The food package is not labeled with a processing date.(b) The food package is not labeled with a final date of sale,

unless its smoked fish contents are exempt under sub. (1) (g).(c) The food is not sold at retail within 21 days after the date

on which its smoked fish contents were smoked, unless thesmoked fish are exempt under sub. (1) (g).

(d) The food is held at a temperature above 38� F. (3.4� C.) atany time prior to retail sale. This paragraph does not apply to afood which the department specifically exempts in writingbecause it is not a potentially hazardous food.

(6) No smoked fish may be sold, distributed, or offered orexposed for sale in this state unless the smoked fish have been pro-cessed, labeled and handled in compliance with this subchapter.This subsection applies to every person engaged in the sale or dis-tribution of smoked fish in this state, regardless of whether theperson processes smoked fish in this state.

(7) No person may sell frozen smoked fish at retail from a bulkcontainer. No person may display or sell unfrozen smoked fish atretail from a bulk container unless a conspicuous sign or counterplacard is placed at the point of display or sale. The sign or counterplacard shall bear the words “PERISHABLE − KEEP REFRIG-ERATED,” together with all other label information required toappear on a smoked fish package under sub. (1). The sign orcounter placard need not state the net weight of the smoked fishif net weight is determined at time of sale.

(8) Smoked fish may not be sold or distributed in a frozen stateunless the fish are frozen at the smoked fish processing plant andkept frozen until sold at retail. Frozen smoked fish may not bethawed for sale in an unfrozen state.

(9) Cold−process smoked fish may not be used as an ingredi-ent in any other perishable, ready−to−eat food.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. (1)(intro.), cr. (1) (h), (5) (d), (9), am. (3), (5) (intro.), (a) to (c), Register, April, 1996,No. 484, eff. 5−1−96; CR 06−028: am. (1) (g) (intro.) and (2) Register November2006 No. 611, eff. 12−1−06.

ATCP 70.225 Caviar processing. (1) Except as pro-vided under sub. (2), harvested fish roe and harvested fish by−products containing roe shall at all times be refrigerated at a tem-perature of not more than 38�F. (3.4�C.).

(2) Processing areas used to dry salted roe or roe product shallbe kept at a temperature of not more than 50�F. (10�C.).

(3) Fish roe and fish by−products containing roe shall be har-vested, stored and transported in covered food grade containers.Each container shall be conspicuously labeled or tagged to indi-cate the date and time when each of the following operations, ifperformed, was performed:

(a) The roe or by−products containing roe were harvested fromthe fish.

(b) The roe sacks were separated from the entrails. Roe sacksshall be separated from entrails within 48 hours after they are har-vested from the fish.

(c) The roe was separated from the roe sacks. Roe shall be sep-arated from roe sacks within 72 hours after the roe sacks are har-vested from the fish, unless the caviar is processed and packed inroe sacks.

(d) The roe was processed and packed in roe sacks. Caviar pro-cessed and packed in roe sacks shall be processed and packedwithin 72 hours after the roe sacks are harvested from the fish.

(4) No fish processing plant operator may accept, for process-ing, any fish roe or fish by−products containing roe which are notproperly refrigerated, contained and labeled under subs. (1) and(2).

(5) Finished product caviar shall be free of pathogens, andshall contain a minimum of 2.5% salt by weight as determined byquantitative analysis for total salt content.

(6) No fish processing plant personnel may have direct handcontact with finished, ready−to−eat caviar.


Subchapter V — Bottling Establishments;Supplementary Requirements

ATCP 70.23 General. Bottling establishments shall com-ply with applicable provisions of subch. II. Bottling establish-ments shall also comply with this subchapter.


ATCP 70.24 Automatic bottle washing. Bottlescleaned in an automatic bottle washer shall be sanitized while inthe washer by a sanitizing method which complies with s. ATCP70.11. If bottles are sanitized by being soaked in a caustic solution,the causticity of the sanitizing solution shall be monitored andmaintained at an appropriate level in relation to solution tempera-ture and soaking time. The following table shows minimum caus-ticity levels required for sanitizing solutions (expressed in termsof percent concentration of sodium hydroxide, NaOH, in the sani-tizing solution), based on applicable soaking times and tempera-tures:

MINIMUM CAUSTICITY LEVELS REQUIRED FOR SANITIZINGSOLUTIONS (% CONCENTRATION OF NaOH), BASED ON

SOAKING TIME AND TEMPERATURE

Temperature (Degrees)

Time in Minutes

F°170C 77

160 71

150 66

140 60

130 54

120 49

110 43

3 0.57 0.86 1.28 1.91 2.86 4.27 6.39

5 0.43 0.64 0.96 1.43 2.16 3.22 4.80

7 0.36 0.53 0.80 1.19 1.78 2.66 3.98


ATCP 70.25 Returnable and single−service bottles.Bottles shall comply with food package requirements under s.ATCP 70.10 (1). Returnable bottles shall be cleaned, sanitized andinspected in compliance with s. ATCP 70.10 (2) and (3). Singleservice bottles shall comply with s. ATCP 70.10 (4).


ATCP 70.26 Product sampling; recordkeeping;reports. (1) Operations water and ingredient water used in abottling establishment shall comply with standards specifiedunder s. ATCP 70.07.

(2) Bottled drinking water and soda water beverages shallcomply with ch. NR 809 and the health related enforcement stan-dards of s. NR 140.10.

(3) The operator of the bottling establishment shall collect andanalyze representative samples of bottled product to provide rea-sonable assurance of compliance with sub. (2). The operator shallcollect and analyze bottled product at the minimum frequency




specified under sub. (4), and more frequently if necessary to pro-vide reasonable assurance of compliance with sub. (2). This sub-section does not require testing for contaminants other than bacte-ria if ingredient water is obtained from a municipal source whichcomplies with sub. (2). Upon request by the department, the oper-ator of a bottling establishment shall provide current documenta-tion that ingredient water from a municipal source complies withsub. (2).

(4) The applicable minimum frequency of sampling and anal-ysis under sub. (3), by type of contaminant, is as follows:

Frequency Product Analysis

Monthly Bacteria

Quarterly Nitrate

Every third year Volatile Organics PesticidesInorganics

Every fifth year RadionuclidesNote: Initial samples shall be taken within a year after November 1, 1988. If any

sample shows a detectable level of a contaminant, the sampling frequency shall beincreased to at least an annual basis.

(5) (a) Bottling establishment operators shall maintainrecords of all test results obtained from the analysis of operationswater and ingredient water. Test results shall be made available for

inspection and copying by the department upon request. Resultsof microbiological analyses shall be maintained for one year,chemical analyses for 6 years; and radiological analyses for 10years.

(b) A processor of bottled water shall report the results of allrequired analyses under sub. (3) to the department. Results foreach license year shall be reported to the department upon request.If the result of any individual analysis exceeds the establishedenforcement standard, the bottled water processor shall submit acopy of that analytical report to the department within 7 days ofthe completion of the analysis.

History: Cr. Register, October, 1989, No. 406, eff. 11−1−89; r. and recr. (1), Regis-ter, April, 1996, No. 484, eff. 5−1−96; correction in (2) made under s. 13.93 (2m) (b)7., Stats., Register, January, 1998, No. 505.

Subchapter VI — Effect of Rules on Local Ordinances

ATCP 70.27 Effect of rules on local ordinances.(1) This chapter does not prohibit or nullify any local governmentordinance with which it is not in direct conflict as provided in sub.(2).

(2) If this chapter conflicts directly with any local governmentordinance, so that it is impossible to comply with one except byviolating the other, this chapter controls.

(3) Compliance with local government ordinances does notrelieve any person from the duty of complying with this chapter.
