Section 70.07. Water supply.

 

(1)   Operations water.

(a) Operations water, other than water reclaimed according to sub. (3) , shall be obtained from a source that complies with ch. NR 811 or 812 .

(b) Operations water shall be available in consistently adequate quantity, and shall comply with the health related drinking water standards in ch. NR 809 .

(c) If a food processing plant operator obtains operations water from a privately owned water system, the operator shall sample that water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77 , for compliance with the microbiological standards under s. NR 809.30 .

(d) A food processing plant operator shall keep on file, for at least one year, the results of all microbiological and other tests conducted on operations water sampled at the food processing plant.

(e) Operations water used to wash field soil from raw fruits and vegetables may be reused for the following purposes if it is first filtered to remove soil and other particulate matter:

1. Washing subsequent deliveries of raw fruit or vegetables at the processing plant.

2. Flushing floors and gutters in the receiving area of the processing plant.

(2)   Ingredient water.

(a) Ingredient water, other than water reclaimed according to sub. (3) , shall be obtained from a source that complies with ch. NR 811 or 812 . Water reclaimed from food processing operations may not be used as an ingredient in bottled drinking water or in any soda water beverage.

(b) Ingredient water shall comply with the health related drinking water standards under ch. NR 809 . If ingredient water for bottled drinking water or soda water beverages is obtained from a privately owned water supply, that water shall also comply with the health related enforcement standards under s. NR 140.10 .

(c) If a food processing plant operator obtains ingredient water from a privately owned source, the operator shall sample that ingredient water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77 , for compliance with the microbiological standards under s. NR 809.30 .

(d) If a food processing plant operator obtains ingredient water from a municipal source, the operator shall do all of the following:

1. Use current good manufacturing practices in handling that water, including safe and sanitary equipment, utensils, production controls, and process controls that conform to good public health practice.

2. Provide documentation to the department, at the department's request, that the water complies with the microbiological standards under s. NR 809.30 . Documentation may consist of information provided by the municipality.

(e) A food processing plant operator shall keep on file, for at least 5 years, the results of all microbiological and other tests conducted on ingredient water sampled at the food processing plant. The operator shall make the records available for inspection and copying by the department upon request.

(3)   Reclaimed water.

(a) Water reclaimed from a heat exchanger process, from a compressor cooling unit, from the condensation of food products, or from other food processing plant systems or processes, may be used as ingredient water with department approval if all of the following apply:

1. The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration, or another method approved by the department.

2. The department pre-inspects and pre-approves the reclamation system, and pre-approves any chemical treatment of the reclaimed water.

3. The reclaimed water has less than 1 coliform bacterium per 100 ml. of water.

4. The standard plate count of the reclaimed water does not exceed 500 per ml. of water and meets the bacteriological standards under s. NR 809.30 .

5. The water, if reclaimed from the condensation of food products, has a standard turbidity of less than 5 units or organic content of less than 12 mg. per liter, as measured by the chemical oxygen demand or permanganate-consumed test specified in Standard Methods for the Examination of Water and Waste Water, twenty-first edition (2005), published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The food processing plant operator shall use an automatic fail-safe monitoring device to identify, and automatically divert to a waste water system, any reclaimed water that fails to comply with this subdivision.

6. The reclaimed water is of satisfactory organoleptic quality and has no off-odors, off-flavors, or slime formations. The food processing plant operator shall sample and organoleptically test reclaimed water at weekly intervals.

7. Chemical treatment of the reclaimed water, if any, complies with sub. (4) .

8. The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that will not contaminate the water and can be easily cleaned.

9. The food processing plant operator tests the reclaimed water for bacteriological and organic content at least semi-annually. The operator shall test the reclaimed water for 14 working days after the department approves the reclamation system under subd. 2. , and for at least 7 working days after any repairs or alterations to the system.

10. There are no cross-connections between reclaimed water lines and any public or private water system.

(b) Water reclaimed from a heat exchanger process, from a compressor cooling unit, from the condensation of food products, or from other food processing plant systems or processes may be used as operations water with department approval if the water complies with par. (a) or if all of the following apply:

1. The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration, or another method approved by the department.

2. The department pre-inspects and pre-approves the reclamation system, and pre-approves any chemical treatment of the reclaimed water.

3. The water, if reclaimed from the condensation of food products, has a standard turbidity of less than 5 units, an electrical conductivity maintained in correlation with organic content of less than 12 mg. per liter, or an organic content of less than 12 mg. per liter, as measured by the chemical oxygen demand or permanganate-consumed test as specified in Standard Methods for the Examination of Water and Waste Water, twenty-first edition (2005), published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The food processing plant operator shall use an automatic fail-safe monitoring device to identify, and automatically divert to a waste water system, any reclaimed water that fails to comply with this subdivision.

4. The reclaimed water is of satisfactory organoleptic quality and has no off-odors, off-flavors, or slime formations. The food processing plant operator shall sample and organoleptically test reclaimed water at weekly intervals.

5. Chemical treatment of the reclaimed water, if any, complies with sub. (4) .

6. The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that will not contaminate the water and can be easily cleaned.

7. There are no cross-connections between reclaimed water lines and any public or private water system, except for lines with backflow preventers that meet the requirements of chs. SPS 382 and 384 .

8. The reclaimed water, if held for more than twenty-four (24) hours, is at all times held at a temperature of at least 145 ° F. (63 ° C.) or is chemically treated under subd. 5. to suppress bacterial propagation.

9. Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as "limited-use reclaimed water."

10. The food processing plant operator posts clear instructions for the use of the reclaimed water. The operator shall post the instructions so that they will be seen and understood by persons using the reclaimed water. The instructions shall disclose the limited purposes for which the reclaimed water may be used.

11. Water lines distributing the reclaimed water are not permanently connected to food product vessels. If a water line is temporarily connected to a food product vessel, there shall be an atmospheric break and automatic controls to prevent the reclaimed water from contacting food products.

(c) Water reclaimed from food processing operations may be used for cleaning or other purposes but may not be used for any purpose involving contact with food or food contact surfaces except as provided in par. (a) or (b) .

(4)   Water treatment.

(a) A food processing plant operator may not use any chemical to suppress bacterial growth in water, or to prevent off-tastes or odors in water, unless that chemical is approved for that purpose by the federal food and drug administration. Neither the chemical as applied, nor any compound produced by the chemical application, may contribute to the adulteration of food.

(b) A food processing plant operator shall apply chemicals under par. (a) according to label directions, using an automatic proportioning device. Treated water shall be held for the period of time specified on the chemical label before it is used as ingredient water or operations water. A food processing plant operator shall conduct a daily testing program for any chemical added to water, to ensure that the chemical concentration does not contribute to the adulteration of food.

(5)   Re-circulated water systems.

(a) If re-circulated water used in a cooler or heat exchanger may come in contact with any food product or food contact surface, the re-circulated water shall be all of the following:

1. Obtained from a source that complies with ch. NR 811 or 812 , as applicable.

2. Bacteriologically safe.

3. Protected from contamination.

4. Tested by the food processing plant operator at least semiannually.

(b) If a re-circulating water system under par. (a) becomes contaminated, that system may not be used until it is properly treated and retested to ensure that the contamination has been eliminated.

(c) Freezing point depressants used in re-circulating water systems under par. (a) shall be nontoxic.

(6)   Water and potable liquids transported in bulk.

(a) Water transported to a food processing plant in a bulk tanker or bulk container, for use as an ingredient or in other plant operations, shall be potable and shall be obtained from a source that complies with ch. NR 811 or 812 .

(b) Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, it shall be loaded, transported, and unloaded in a sanitary manner that prevents contamination. The bulk tanker or bulk container shall be thoroughly cleaned and sanitized before being filled. Suitable pumps, hoses, and fittings shall be used to transfer potable water and potable liquids to and from bulk tankers and bulk containers.

(c) Whenever potable water or another potable liquid is transported to or from a food processing plant in a bulk tanker or bulk container, the bulk tanker or bulk container and each of its fittings and equipment shall meet all of the following requirements:

1. It shall be properly constructed and maintained to prevent contamination of the potable water or potable liquid. Food contact surfaces shall comply with s. ATCP 70.06 (2) .

2. It shall be cleaned, sanitized, and inspected on a routine basis.

3. It may not be used to transport materials that may contaminate potable water or potable liquid that is subsequently transported in the bulk tanker or bulk container.

4. It shall be effectively sealed to protect the potable water or potable liquid from contamination during transit.

5. It shall be properly stored and serviced to prevent contamination. When not in use, pumps, hoses, and fittings shall be properly maintained, capped, stored, and protected from contamination.

(7)   Culinary steam. Water used to produce culinary steam shall be potable. Water reclaimed from food processing operations may not be used to produce culinary steam unless it complies with sub. (3) (a) or (b) . In boilers used to produce culinary steam, boiler water additives shall comply with 21 CFR 173.310 .

(8)   Ice. Ice used to cool or maintain the temperature of foods shall be made from potable water. Ice used to cool or maintain the temperature of ready-to-eat foods shall not have been previously used for any other purpose. Ice shall be received, handled, and stored in a manner to prevent contamination or adulteration. Any ice which is not made on site shall be inspected upon receipt, and rejected if it is delivered in a way that has not adequately protected the ice from contamination.

Cr. Register, October, 1989, No. 406 , eff. 11-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1993, No. 448 ; r. and recr. (1), (2), cr. (3), (4), Register, April, 1996, No. 484 , eff. 5-1-96; corrections in (1) (c), (2) (c) and (3) (b) 5., made under s. 13.93 (2m) (b) 7., Stats., Register, February, 2001, No. 542 ; CR 09-009 : r. and recr. (3), cr. (5) to (7) Register October 2009 No. 646 , eff. 11-1-09; correction to numbering of (7) made under s. 13.92 (4) (b) 1., Stats., Register October 2009 No. 646 ; correction in (3) (b) 7. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673 ; CR 12-037 : cr. (8) Register May 2013 No. 689 , eff. 6-1-13.

Note

Copies of the Standard Methods for the Examination of Water and Waste Water , twenty-first edition (2005), published by the American Public Health Association (APHA), the American Water Works Association and the Water Environment Federation, are on file with the department and the legislative reference bureau. Copies may be obtained by contacting the "APHA Bookstore" at www.apha.org/publications/bookstore/ . Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of the Standard Methods for the Examination of Water and Waste Water , twenty-first edition (2005), published by the American Public Health Association (APHA), the American Water Works Association and the Water Environment Federation, are on file with the department and the legislative reference bureau. Copies may be obtained by contacting the "APHA Bookstore" at www.apha.org/publications/bookstore/ . Microsoft Windows NT 6.1.7601 Service Pack 1 Effective sealing systems include manhole cover gaskets and seals. Microsoft Windows NT 6.1.7601 Service Pack 1