Section ATCP 75.065 - Retail food establishments; license exemption for food processing(1) A license holder may wholesale up to 25% of the gross annual sales of food that is manufactured and used in the retail food establishment without obtaining an additional food processing plant license under ch. ATCP 70. This exemption does not allow the manufacturing for wholesale or distribution of any of the following: (a) Food that must be processed, in compliance with 21 CFR 108, 113, 114, in hermetically sealed containers.(b) Dairy products or amenable meat and poultry products, except as allowed in ch. ATCP 55.(c) Food processed at a mobile or transient retail food establishment.(2) The following items may be processed in a retail food establishment under the 25% wholesale exemption in sub. (1): (a) Juice processed in compliance with 21 CFR part 120.(b) Fish and fishery products processed in compliance with 21 CFR part 123.(3) The license holder is responsible for notifying, as deemed appropriate by the license holder, wholesale customers of any adulterated or misbranded products as necessary to protect public health. No written recall plan is required. Examples of customer notification could include website language, email, mail system, face-to-face, or other effective methods.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 75.065
Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (2) (a), (b) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020