Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 70 - Wholesale Food Manufacturing
Subchapter II - General Requirements
Section ATCP 70.18 - Obtaining approval of alternative cleaning and sanitizing frequency

Universal Citation: WI Admin Code ยง ATCP 70.18

Current through August 26, 2024

(1) SUBMISSION OF REQUEST FOR APPROVAL OF ALTERNATIVE CLEANING AND SANITIZING FREQUENCY.

(am) An operator may submit a written request for the department to approve alternative cleaning and sanitizing procedures. The request shall include all of the following, and any other information required by the department:
1. A clear and complete description of the affected food processing equipment and utensils, including any continuously-operated equipment. The description shall identify sanitary design features relevant to the proposed cleaning and sanitizing procedures.

2. The types of food produced with the affected equipment or utensils, the purposes for which the food will be used, and the temperatures at which the food will be prepared, stored, and distributed.

3. A clear and complete description of the alternative cleaning and sanitizing procedure, including cleaning and sanitizing equipment, frequency, methods, materials, and relevant process parameters such as time and temperature. The description shall include a flow diagram of the cleaning and sanitizing procedure.

4. A written statement, by the operator, that the alternative cleaning and sanitizing procedure has been determined by competent authority, such as evaluated by a process authority or validated by a published or unpublished peer-reviewed article, challenge studies, or regulatory standards, to be effective in preventing food contamination and ensuring the microbiological safety of food.

5. A written plan, used to ensure that the alternative cleaning and sanitizing procedure will be effective in preventing food contamination and ensuring the microbiological safety of food, that identifies and assess foreseeable hazards, identifies critical control points, identifies critical safety parameters and limits, and identifies monitoring procedures and controls to ensure that the procedure is effective and appropriately implemented.

(bm) The department may approve a proposal for an alternative cleaning and sanitizing procedure that does not comply with par. (am) if the operator can show that the procedure will be effective in preventing food contamination and ensuring the safety of food. The department shall give its approval in writing.

(2) DEPARTMENT DECISION ON REQUEST FOR APPROVAL OF ALTERNATIVE CLEANING AND SANITIZING FREQUENCY. The department shall grant or deny a request under sub. (1) or (4) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.

(3) QUALIFICATIONS, LIMITS, AND WITHDRAWAL OF DEPARTMENT APPROVAL. The department may qualify or limit its approval under sub. (2), as it deems appropriate. The department may withdraw its approval for cause, including obtaining information that casts doubt on the efficacy or consistent implementation of the approved procedure or observing changes in operations that could affect the validity of the procedures or process.

(4) EXPIRATION OF DEPARTMENT APPROVAL OF ALTERNATIVE CLEANING AND SANITIZING FREQUENCY.

(a) All approvals granted under this section shall expire 5 years from the date of issuance.

(b) A license holder who wishes to continue to use an alternative cleaning and sanitizing frequency after the expiration of the approval shall file a request with the department for reissuance of the approval at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.

(c) When a license holder has made timely and sufficient application for the reissuance of an approval of alternative cleaning and sanitizing frequency, or for the approval of a new request with reference to any activity of a continuing nature, the existing approval does not expire until the application has been finally acted upon by the department, or, if the application is denied or the terms of the new request are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court.

(d) Approval shall be reissued by the department if the proposal continues to meet the criteria in sub. (1) or if the food processing plant operator updates the original proposal to ensure compliance with the criteria in sub. (1).

(5) OPERATION OF AN ALTERNATIVE CLEANING AND SANITIZING FREQUENCY. An operator that implements an alternative cleaning and sanitizing procedure approved under sub. (2) shall do all of the following:

(a) Control and monitor the procedure to ensure that it is strictly implemented as approved, and is effective in preventing food contamination and ensuring the microbiological safety of food.

(b) Promptly notify the department of any material deviation from the approved procedure, and any information that casts doubt on the efficacy of the procedure.

(c) Collect and retain data and records to document, on a continuing basis, the implementation and efficacy of the approved procedure. The operator shall retain the data and records for at least 90 days, and shall make them available upon request for inspection and copying by the department.

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