Section ATCP 70.24 - Food handling and storage(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. (4) BULK FLOUR HANDLING SYSTEMS. (a) Food contact surfaces of bulk flour handling equipment shall comply with the provisions of s. ATCP 70.12(2). Pneumatic systems using storage bins constructed of semi-permeable cloth material are exempt from the requirement that surfaces be smooth and nonabsorbent, provided the surfaces can be effectively cleaned. Attachment mechanisms for holding inspection port covers, access doors, delivery pipe caps, or other removable accessories shall have no loose parts. Delivery pipe caps shall be kept in place, and secured against removal, except when a bulk flour handling system is in use. Outside installations shall be watertight or suitably covered to prevent entry of water and foreign material.(b) Intake air used in pneumatic flour handling systems shall be filtered to exclude particles of 50 microns or larger. Air discharged from the system shall be filtered so that no visible dust escapes. Filters shall be readily removable for cleaning or replacement. Straight runs of pneumatic conveyors shall comply with the provisions of s. ATCP 70.12(1), except that piping which is self-purging is exempt from accessibility requirements.(5) RAW INGREDIENTS AND FINISHED PRODUCTS; SEPARATE HANDLING. Effective measures shall be taken to prevent cross contamination between raw ingredients and finished food products. Raw ingredients shall not be handled simultaneously with finished products in any part of a food processing plant if either the raw materials 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 other unusual condition which may affect its safety or suitability as human food. "Distressed food" does not include food or food packages damaged during normal conditions of food and food product handling, transit, or storage.2. "Reconditioned food" means packaged distressed food distributed or offered for sale as human food after its package is repaired or relabeled without being opened.3. "Reprocessed food" means distressed food subsequently processed in accordance with the requirements under this chapter and distributed or offered for sale as human food.(b) An operator shall notify the department within 3 days after the operator takes possession of any distressed food, or within 3 days after food in the operator's custody becomes distressed food. The operator shall notify the department before the operator reprocesses or reconditions the distressed food.(c) An operator shall identify distressed food as such, and shall separate it from other food. No operator may store distressed food in a processing area, or under conditions which may lead to the contamination of other food, equipment, utensils, or packaging materials.(d) No operator may do either of the following: 1. Reprocess for sale, as human food, any distressed food which is unwholesome or adulterated.2. Offer for sale, sell, or distribute food in packages that are damaged to such an extent that the food may have been exposed or subjected to possible contamination, including packages with bulging ends, ruptures, hairline fractures, breakage along critical seams, or openings which may have exposed food to contamination.(e) No operator may sell or distribute reprocessed or reconditioned food at wholesale unless the operator gives the purchaser or recipient written notice that the food is reprocessed or reconditioned. The notice shall also include the name and address of the person who reprocessed or reconditioned the distressed food. The notice may be included on an invoice, bill of lading, or other documentation of the sale or distribution of the food.(f) An operator shall keep, for the period of time set forth in 21 CFR 117.315, all of the following records related to distressed food handled by that operator: 1. A description of the distressed food, including the type of food, the package or container style, and the amount of the food.2. The source of the distressed food, or the conditions which caused it to become distressed food.3. The date on which the operator received the distressed food.4. The nature of any reprocessing or reconditioning which the operator performed on the distressed food.5. The final disposition of the distressed food if the distressed food was not sold directly at retail. That record shall include the name and address of the person, such as the food wholesaler, food distributor, waste disposal firm or waste disposal site operator, to whom the food processing plant operator delivered the food.(7) FOOD IRRADIATION. Irradiation in the production, processing, and handling of food shall comply with applicable federal regulations under 21 CFR part 179.(8) EGG CLEANING AND STORAGE. Cleaning and storage of eggs shall be done in compliance with the requirements of s. ATCP 88.20.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 70.24
Adopted by, CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (7) made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020