Wis. Admin. Code ATCP § 3-201.11

Current through May 28, 2024
Section 3-201.11 - Compliance with Food Law
(A) FOOD shall be obtained from sources that comply with LAW. P
(B) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT. P
(C) PACKAGED FOOD shall be labeled as specified in LAW, including 21 CFR 101 - Food Labeling; 9 CFR 317 - Labeling, Marking Devices, and Containers; and 9 CFR 381 Subpart N- Labeling and Containers; and as specified under §§ 3-202.17, 3-202.18; and s. ATCP 55.10(1), (2), (4) and (7). Pf
(D) FISH, other than those specified in paragraph 3-402.11 (B), that are intended for consumption in raw or undercooked form and allowed as specified in paragraph 3-401.11 (D), may be offered for sale or service if they are obtained from a supplier that freezes the FISH as specified under § 3-402.11; or if they are frozen on the PREMISES as specified under § 3-402.11 and records are retained as specified under § 3-402.12.
(E) WHOLE-MUSCLE, INTACT BEEF steaks that are intended for consumption in an undercooked form without a CONSUMER advisory as specified in ¶ 3-401.11 (C) shall be:
(1) Obtained from a FOOD PROCESSING PLANT that, upon request by the purchaser, PACKAGES the steaks and labels them, to indicate that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF, Pf or
(2) Deemed acceptable by the REGULATORY AUTHORITY based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF; Pf and
(3) If individually cut in a FOOD ESTABLISHMENT:
(a) Cut from WHOLE-MUSCLE, INTACT BEEF that is labeled by a FOOD PROCESSING PLANT as specified in Subparagraph (E)(1) of this section or identified as specified in Subparagraph (E)(2) of this section, Pf
(b) Prepared so they remain intact, Pf and
(c) If PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as specified in Subparagraph (E)(1) of this section or identified as specified in Subparagraph (E)(2) of this section. Pf
(F) MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a PACKAGED form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in LAW, including 9 CFR 317.2(l) and 9 CFR 381.125 (b).
(G) EGGS that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in LAW, including 21 CFR 101.17(h).
(H) EGGS shall be:
(1) From an EGG handler complying with the requirements of ATCP 88 and holding a FOOD PROCESSING PLANT license under s. 97.29, Stats.,
(2) From an EGG handler complying with the LAW of another state, or
(3) Sold directly to the consumer by an EGG producer exempted under s.97.28, Stats., and s. ATCP 88.02 and selling nest-run or washed, candled, graded, sized, or packaged EGGS from a flock of not more than 150 laying birds owned by the producer.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 3-201.11

Adopted by,Register April 2015 No. 712, eff.5/1/2015.
Amended by,Register August 2016 No. 728, eff. 9/1/2016.
Adopted by, Register July 2020 No. 775, eff. 8/1/2020