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 70.26 - Food packaging and labeling

Universal Citation: WI Admin Code ยง ATCP 70.26

Current through August 26, 2024

(1) GENERAL. Food packages shall be of sanitary design and construction, so as to protect food contents from reasonably foreseeable risks of contamination. Food packages shall be clean, sanitary, and free of any extraneous or deleterious substance. Food shall not be sold or distributed in packages which are damaged to the extent that food contents may be adulterated as a result of the damage. A sealed food package is damaged within the meaning of this subsection if the package or seal is broken or bulged.

(2) CLEANING AND SANITIZING RETURNABLE FOOD PACKAGES. Returnable or multi-use food packages, including returnable bottles, shall be effectively cleaned and sanitized before being reused. Cleaning and sanitizing processes shall remove all extraneous matter and potential adulterants from a food package before the food package is reused. Sanitizing methods shall comply with s. ATCP 70.28. No food package may be reused unless it is specifically designed and constructed for that purpose.

(3) INSPECTION OF RETURNABLE FOOD PACKAGES. Returnable or multi-use packages, after being cleaned and sanitized, shall be inspected before being reused. Inspection shall be adequate to detect extraneous material and visible adulterants, and any damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with s. ATCP 70.08(5) (b).

(4) SINGLE-SERVICE FOOD PACKAGES. Single-service food packages, including bottle caps and other single-service articles used to package food, shall be made from clean, sanitary materials. Single-service food packages shall be clean and sanitary at the time of use. Single-service food packages shall be protected from contamination prior to use, and shall be handled in a sanitary manner. Single-service food packages, including single-service bottles and bottle caps, shall not be re-used.

(5) FOOD PACKAGE LABELING. Packaged food shall be packaged and labeled according to all of the following, as applicable:

(a) 21 CFR part 101.

(b) Section 97.09, Stats., and federal regulations incorporated by reference in s. 97.09, Stats.

(c) Chapter ATCP 90.

(d) Chapter ATCP 75 Appendix, part 3-201.11(C).

(e) If the packaged food contains a major food allergen, the ingredient statement on the package shall disclose the common name of the major food allergen. The disclosure shall be equivalent in size and prominence to the rest of the ingredient statement. If an allergen originates from finfish, crustacean shellfish, or tree nuts, the disclosure shall include the common name of the source species.

Note: For example, if a food product includes an allergen that originates from finfish, the ingredient statement must disclose the common name such as bass, flounder, or cod. If the allergen originates from crustacean shellfish, the ingredient statement must disclose the common name such as crab, lobster, or shrimp. If the allergen originates from tree nuts, the ingredient statement must disclose the common name such as almond, pecan, walnut, or coconut.

(6) EGG PACKAGING AND LABELING. The packaging and labeling of eggs shall be done in compliance with the requirements of ss. ATCP 88.32, 88.34, and 88.38.

(7) ALCOHOL RESTRICTIONS AND LABELING. If a product contains more than 1.0% but less than 7.0% alcohol it is regulated by the labeling provisions of this subsection and the alcohol would be declared as an ingredient in normal descending order of predominance. If the alcohol is part of other ingredients such as a flavoring, and it is less than 0.5% of the finished product by volume, then it is considered an incidental ingredient.

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