Section 70.10. Food packaging and labeling.

 

(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 70.11 . 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 adulterants, and any damage to product contact surfaces. Inspection shall be performed on surfaces lighted in compliance with s. ATCP 70.04 (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 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 , Wisconsin Food Code section 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 fish, crustacean shellfish, or tree nuts, the disclosure shall include the common name of the source species.

(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 .

Cr. Register, October, 1989, No. 406 , eff. 11-1-89; CR 09-009 : r. and recr. (title), cr. (5) Register October 2009 No. 646 , eff. 11-1-09; CR 14-037 : cr. (6) Register April 2015 No. 712 , eff. 5-1-15; correction in (6) made under s. 13.92 (4) (b) 7. , Stats., Register April 2015 No. 712 .

Note

For example, if a food product includes an allergen that originates from fish, the ingredient statement must disclose the common species name such as bass, flounder, or cod. If the allergen originates from crustacean shellfish, the ingredient statement must disclose the common species name such as crab, lobster, or shrimp. If the allergen originates from tree nuts, the ingredient statement must disclose the common species name such as almond, pecan, walnut, or coconut. Microsoft Windows NT 6.1.7601 Service Pack 1