Section ATCP 70.48 - Fish roe(1) REFRIGERATION. Roe and any attached entrails harvested from a fish shall be refrigerated at a temperature of not more than 38° F (3.4° C). Processing of dry salted roe or salted roe product shall be done in accordance with 21 CFR part 123.(2) HARVESTING AND HANDLING. Roe and attached entrails, if any, shall be harvested, stored, and transported for processing in covered food grade containers. Each container shall be conspicuously labeled to indicate when each of the following operations was performed, if that operation has been performed: (a) The roe and attached entrails, if any, were harvested from the fish.(b) The roe sacks were separated from attached entrails, if any. Roe sacks shall be separated from attached entrails within 48 hours after the roe sacks and entrails are harvested from the fish.(c) The roe was separated from the roe sacks. Roe shall be separated from roe sacks within 72 hours after the roe sacks are harvested from the fish, unless the roe is processed and packed in roe sacks. Roe processed and packed without being separated from roe sacks shall be processed and packed within 72 hours after the roe sacks are harvested from the fish.(3) RECEIPT FOR PROCESSING. A fish processing plant operator may not accept for processing any roe that has been held, transported, or processed in violation of sub. (1) or (2). (4) PROCESSING STANDARDS. (a) Roe shall be held and processed according to s. ATCP 70.24(1).(b) Processed roe shall contain a minimum of 2.5% salt by weight, as determined by quantitative analysis for total salt content.(c) No fish processing plant personnel may have direct hand contact with finished, ready-to-eat roe.(5) PRODUCT REPRESENTATION. (a) No roe product may be labeled or represented as "caviar" unless one of the following applies: 1. The product consists only of the eggs of sturgeon prepared by a salting and separation process traditionally associated with the term "caviar."2. The product consists of roe prepared by a salting and separation process traditionally associated with the term "caviar," and the name of the fish species is clearly disclosed with the term "caviar" whenever that term is used. Note: For example, a caviar-type product made from whitefish eggs, using the traditional caviar process, may not be labeled as "caviar" unless it is labeled as "whitefish caviar." All packaged food product labels, including "caviar" labels, must also include a statement of ingredients listed by their common or usual names in descending order of prominence (see s. ATCP 70.26).
(b) No person may misrepresent the identity or value of any roe product by adding a color additive to the roe product. This paragraph does not prohibit the use of color additives in roe products if all of the following apply: 1. The color additive is approved by the United States food and drug administration.2. The product includes a conspicuous label disclosure, such as "artificially colored" or "color added," which clearly indicates that the product includes a color additive. The disclosure shall appear on the product label directly below the product name in type at least one-third the size of the type used in the product name.3. The color additive is included in the ingredient statement on the product label.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 70.48
Adopted by, CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; correction in (1) made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020