Section 70.02. Definitions.

  As used in this chapter:

(1)  "Alcohol beverage" means an alcohol beverage as defined in s. 125.02 (1) , Stats.

(2)  "Approved sanitizer" means a substance or compound approved by the department for the sanitizing of equipment or utensils under s. ATCP 70.11 (4) .

(3)  "Bakery" means any place where bread, crackers, pasta, or pies, or any other food product for which flour or meal is the principal ingredient, are baked, cooked, or dried, or prepared or mixed for baking, cooking, or drying, for sale as food.

(4)  "Bottle" means the immediate package or container in which bottled drinking water, soda water beverage, or alcohol beverage is sold or distributed for consumption. "Bottle" includes a bottle cap or other seal for a bottle.

(5)  "Bottled drinking water" means all water packaged in bottles or similar containers and sold or distributed for drinking purposes. "Bottled drinking water" includes distilled water, artesian water, spring water, and mineral water, whether carbonated or uncarbonated.

(6)  "Bottling establishment" means any place where drinking water, soda water beverage, or alcohol beverage is manufactured or bottled for sale. "Bottling establishment" does not include a retail establishment engaged in the preparation and sale of beverages under a license issued under s. 125.26 or 125.51 , Stats., or a restaurant permit or other permit issued under s. 97.605 , Stats.

(7)  "C-I-P system" means equipment which is designed, constructed, and installed to be cleaned in place by the internal circulation of cleaning and sanitizing solutions onto product contact surfaces.

(8)  "Canning" means the preservation and packaging in hermetically sealed containers of low-acid or acidified foods.

(8m)  "Cold-process smoked fish" or "cold-process smoke flavored fish" means fish which is treated with smoke or smoke flavoring to give it a smoked flavor, but which is not fully cooked or heat treated to coagulate protein in fish loin muscle.

(9)  "Confectionary" means any place where candy, fruit, nut meats, or any other food product is manufactured, coated, or filled with saccharine substances for sale as food.

(9m)  "Critical control point" means a point in food processing at which a failure to monitor a food safety variable such as pH, temperature, time, or water activity (a w ), or a failure to control any food safety variable within critical limits or according to specific criteria, may result in an unacceptable food safety risk having a potentially adverse impact on human health.

(10)  "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(11)  "Equipment" means an implement, vessel, machine, or apparatus, other than a utensil, which has one or more food contact surfaces and is used in the handling or processing of food at a food processing plant. "Equipment" includes C-I-P systems.

(12)  "Fish" means any kind of fresh or salt water fish, or seafood, without limitation.

(12m)  "Fish processing plant" means a food processing plant which produces processed fish or fish products.

(13)  "Food" means:

(a) Articles used for food or drink by persons.

(b) Chewing gum.

(c) Articles used for components of matters specified in pars. (a) and (b) .

(14)  "Food contact surface" means any surface of equipment, utensils, or food packages with which food normally comes in direct contact, or from which materials may drain, drip, or otherwise be drawn into food.

(15)  "Food package" means the immediate container in which food is sold or shipped from a food processing plant. "Food package" includes a bulk container or shipping container which has one or more food contact surfaces.

(16)  "Food processing" means the manufacture or preparation of food for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. "Food processing" includes the activities of a bakery, confectionary, or bottling establishment, and also includes the receipt and salvaging of distressed food for sale or use as food. "Food processing" does not include any of the following:

(a) Activities covered under a dairy plant license issued under s. 97.20 , Stats.

(b) Activities covered under a meat or poultry establishment license issued under s. 97.42 , Stats.

(c) The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a restaurant permit or other permit issued under s. 97.605 , Stats.

(d) Activities inspected by the United States department of agriculture under 21 USC 601 et seq. or 21 USC 451 et seq.

(e) The extraction of honey from the comb, or the production and sale of raw honey or raw bee products by a beekeeper.

(f) The washing and packaging of fresh fruits and vegetables if the fruits and vegetables are not otherwise processed at the packaging establishment.

(g) The receipt and salvaging of distressed food for sale or use as food if the food is received, salvaged, and used solely by a charitable organization, and if contributions to the charitable organization are deductible by corporations in computing net income under s. 71.26 (2) (a) , Stats.

(h) The collection, packing, and storage of eggs from a flock of not more than 150 laying birds by an egg producer who only sells the eggs directly to consumers at the premises where the eggs were laid, at a farmers' market, or on an egg-sales route.

(i) The collection, packaging, and storage of nest-run eggs, as defined in s. ATCP 88.01 , from a flock of laying birds by an egg producer who is registered with the department in accordance with s. ATCP 88.02 and who sells the nest-run eggs to an egg handler.

(17)  "Food processing plant" means any place where food processing is conducted. "Food processing plant" does not include any establishment subject to the requirements of s. 97.30 , Stats., or any restaurant or other establishment holding a permit under s. 97.605 , Stats., to the extent that the activities of that establishment are covered by s. 97.30 , Stats., or the permit under s. 97.605 , Stats.

(17g)  "Hazard analysis and critical control point plan" or "HACCP plan" means a food processing plan under which a food processing plant operator effectively prevents, controls, or eliminates food safety hazards by monitoring food safety variables at critical control points, and by controlling those variables within critical limits.

(17n)  "Hot-process smoked fish" or "hot-process smoke flavored fish" means fish that is all of the following:

(a) Fully cooked or heat treated, or sold or represented as being fully cooked or heat treated.

(b) Treated with smoke or smoke flavoring to give it a smoked flavor.

(18)  "Ingredient water" means water used by a food processing plant as an ingredient for food.

(18m)  "Juice" means aqueous liquids expressed or extracted from fruits or vegetables, purées of the edible portions of fruits or vegetables, or combinations or concentrates of those liquids or purées, which are used as whole beverages or beverage ingredients.

(19)  "Loin muscle" means the longitudinal quarter of the great lateral muscle of a fish, freed from skin, scales, visible blood clots, bones, gills, and viscera, and from the nonstriated part of such muscle, which part is known anatomically as the median superficial muscle.

(19m)  "Major food allergen" means milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. "Major food allergen" includes any food or food ingredient, other than highly refined oil or an ingredient derived from highly refined oil, which contains protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans. "Major food allergen" does not include a food that is exempted by the secretary of the United States department of health and human services pursuant to 21 USC 321 (qq)(2).

(20)  "Official Methods of Analysis" means the Official Methods of AOAC International , eighteenth edition revision 2 (2007).

(21)  "Operations water" means water which is used by a food processing plant for cleaning equipment and utensils, handwashing, or other cleaning or sanitizing purposes.

(21m)  "Organoleptic quality" means quality as assessed by means of sight, smell, touch, or taste.

(22)  "Potentially hazardous food" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10 (B)(66).

(22c)  "Processed fish" means fish that is processed or preserved for human consumption by means of smoking, curing, salting, drying, marinating, pickling, fermenting, or related processes. "Processed fish" does not include fish processed in accordance with s. ATCP 70.13 or 70.14 .

(22g)  "Ready-to-eat food" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10(B)(71).

(22n)  "Reduced oxygen packaging" has the meaning given in ch. ATCP 75 Appendix (Wisconsin Food Code), section 1-201.10 (B)(72).

(22p)  "Roe" means fish eggs, including fish eggs that are still enclosed in the ovarian membrane.

(23)  "Safe temperatures" for the holding or storage of potentially hazardous foods means one of the following:

(a) Temperatures at or above 135 ° F. (57 ° C.) for heated foods.

(b) Temperatures at or below 41 ° F. (5 ° C.) for refrigerated foods, except as provided in par. (c) .

(c) Temperatures at or below 38 ° F. (3.4 ° C.) for refrigerated fish or fish products.

(d) Temperatures that maintain frozen food in a constantly frozen condition.

(24)  "Salt content" or "salt in the water phase," means the percent salt (sodium chloride) as determined by the method described in sections 18.034 and 18.035 of the Official Methods of Analysis , multiplied by 100 and divided by the percent salt (sodium chloride) plus the percent moisture in the finished product as determined by the method described in section 24.002 of the Official Methods of Analysis .

(25)  "Sanitize" means to destroy pathogens and other microorganisms, to the maximum practicable extent, by the application of an approved sanitizer or sanitizing method to food contact surfaces of equipment, utensils, or food packages which are otherwise clean.

(26)  "Single service article" means any utensil or food package, or any part of a utensil or food package, which is designed to be used only once prior to disposal.

(27)  "Smoked fish" means any food obtained by subjecting fresh fish, frozen fish, dried fish, or cured fish to the direct action of smoke or smoke flavor, whether by burning wood or a similar burning material, or by applying a smoke-flavored solution, for the primary purpose of imparting the flavor and color of smoke to fish.

(28)  "Soda water beverage" means all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened, or flavored. "Soda water beverage" does not include alcohol beverages.

(29)  "Utensil" means a hand-held or similarly portable container or device, such as a tong, spatula, strainer, or scoop, which has one or more food contact surfaces and is used in the processing or handling of food at a food processing plant. "Utensil" does not include a food package.

Cr. Register, October, 1989, No. 406 , eff. 11-1-89 ; cr. (8m), (9m), (17m), (17n), (22n), am. (12m), (16) (c), (20), r. and recr. (22), (23), Register, April, 1996, No. 484 , eff. 5-1-96; CR 09-009 : am. (6), (16) (d), (17), (20), renum. (17m) and (22m) to be (17g) and (22c) and am. (17g), cr. (18m), (19m), (21m), (22g), (22p), r. and recr. (22), (22n), (23) Register October 2009 No. 646 , eff. 11-1-09; renumber of (21m) made under s. 13.92 (4) (b) 1. , Stats., Register October 2009 No. 646 ; CR 14-037 : cr. (16) (h), (i) Register April 2015 No. 712 , eff. 5-1-15; correction in (6), (16) (c), (17) made under s. 13.92 (4) (b) 7. , Stats., Register August 2016 No. 728 .

Note

Those portions of the "Official Methods of Analysis" cited in this chapter are on file with the department and the legislative reference bureau. The Official Methods of Analysis of AOAC International may be obtained from the AOAC International, 2275 Research Blvd., Rockville, MD 20850. Microsoft Windows NT 6.1.7601 Service Pack 1