Current through August 26, 2024
(1) GENERAL.
(a) A food warehouse operator shall handle
and store food in a safe and sanitary manner, and under sanitary conditions, to
protect the safety and wholesomeness of the food.
(b) A food warehouse operator shall store
food in a neat and orderly manner, so that the food is readily accessible for
inspection and movement, and so that the food warehouse can be readily
inspected and cleaned.
(c) The
amount of food stored in a food warehouse shall not exceed the reasonable
capacity of that warehouse.
(2) FOOD DELIVERED TO WAREHOUSE; INSPECTION.
(a) A food warehouse operator shall inspect
all food delivered for storage at the food warehouse. The operator shall
inspect the food before it is unloaded, unless the delivery vehicle is too
fully loaded to permit inspection. The operator shall inspect for damage to
food or food packages, insect or rodent infestation, objectionable odors, and
other indications of contamination.
(b) If a food warehouse operator rejects any
portion of a food delivery because the food is contaminated, the operator shall
promptly notify both the food carrier and the food shipper or owner.
(c) If a warehouse operator has reason to
believe that an unloaded delivery of food may be contaminated, the warehouse
operator shall segregate that food for prompt inspection, sorting, and
disposition before the food is stored in the food warehouse.
(3) FOOD ACCEPTED FOR STORAGE;
IDENTIFICATION.
(a) A food warehouse operator
shall mark each lot of food accepted for storage with all of the following:
1. The name and address of the food
warehouse.
2. The word "Received,"
or a recognizable abbreviation of that word, and a numeric designation of the
month, day, and year when the food was received in the food warehouse.
Note: For example, an acceptable marking of an
incoming shipment of a food product under this subsection is "Rec'd.
7-1-93".
(b) The
information required to be marked on a lot of food under par. (a) may be
contained on a tag securely fastened to the packaging material enclosing that
lot of food. The tag shall be affixed so that it cannot be readily detached,
mutilated, or made illegible.
(c)
No person may remove, alter, mutilate, or conceal a marking required under par.
(a). No person may divide any lot of food marked under par. (a) unless each
portion of the divided lot bears the same marking.
(4) CONTAMINATED FOOD. A food warehouse
operator shall promptly destroy, or shall exclude or promptly remove from the
food warehouse, any food which threatens to contaminate other food in storage,
which may cause a pest infestation, or which may contaminate the food
warehouse.
(5) FIRE, FLOOD, OR
CASUALTY DAMAGE. Food which has been subjected to possible contamination in a
fire, flood, or other casualty shall not be removed from the warehouse for use
as human food unless the department has inspected the food and authorized its
removal or disposition. A food warehouse owner or operator shall notify the
department whenever food in the warehouse has been subjected to possible damage
or contamination because of fire, flood, or other casualty.
(6) STOCK ROTATION. A food warehouse operator
shall adopt and implement effective stock rotation procedures, appropriate to
each type of food, to preclude spoilage of any food in storage. The warehouse
operator shall keep adequate records to permit the effective rotation of food
in storage.
(7) REFRIGERATED AND
FROZEN FOOD.
(a) Potentially hazardous
refrigerated food stored at a food warehouse shall at all times be kept
refrigerated at a temperature of 40°F. (4°C.) or below, except:
1. Eggs shall be kept refrigerated at an
ambient temperature of 45°F. (7°C.) or below.
2. Dairy products as defined in s.
97.20(1) (b) 1 to 5., Stats., shall be kept at 45 ° F.
(7° C.) or below.
3. Fish and
fishery products in reduced-oxygen packaging as defined in s.
ATCP 70.02(37) shall be kept at or below
38° F (3° C.), in accordance with ss.
ATCP 70.18 and
70.19.
Note: Sections
ATCP 70.18 and
71.19, as they existed prior to 2-1-20, were repealed by CR 17-073. Those
sections now correspond to ATCP 70.44 and 70.46.
4. Molluscan shellfish shall be iced or
refrigerated to the extent necessary to maintain internal shellstock
temperature as required in s.
ATCP
70.21, and
Note: Section
ATCP
70.21, as it existed prior to 2-1-20, was repealed by
CR 17-073. That section now corresponds to ATCP 70.50.
5. Potentially hazardous frozen food shall at
all times be kept frozen at a temperature of 5°F. (-15°C.) or below.
(b) Frozen food shall
not be refrozen after having thawed.
(c) The operator of a food storage warehouse
shall record, on a daily basis, the air temperature in each facility in which
potentially hazardous food is stored. The operator shall record the temperature
shown by each measuring device installed in the facility under s.
ATCP 71.03(7), together with the date on
which the temperature reading was taken. The operator shall retain the
temperature record for at least 2 years.
(d) The amount of food stored in a
refrigerated or frozen food storage facility shall not exceed the designed
capacity of that facility. Refrigerated and frozen food shall be marked as
required under s. ATCP 71.05(3), and shall be stored in an orderly manner, so
that the contents of a refrigerated or frozen food storage facility can be
readily inspected and identified.
(8) FISH OR FISHERY PRODUCTS HACCP SYSTEM
REQUIRED. A licensed food warehouse that engages in the storage of fish as
defined in 21 CFR 123(d), fishery products as defined in
21
CFR 123.3(e), or molluscan
shellfish as defined in
21
CFR 123.3(h) shall operate
under a seafood HACCP system in accordance with the applicable requirements in
Subch. IV of ch. ATCP 70.
