Section 70.19. Labeling and sale of smoked fish.

 

(1)  Every food package containing smoked fish shall be clearly and conspicuously labeled, on the principal display panel of that package, with all of the following information:

(a) The name and address of the smoked fish processor or distributor.

(b) The name of the product, including the common species name of the fish from which the product is derived.

(c) The net weight of the package contents.

(d) If hot-smoked fish contained in reduced-oxygen packaging as defined in s. ATCP 70.02 (22n) are sold or distributed in an unfrozen state, the words "PERISHABLE – KEEP REFRIGERATED AT OR BELOW 38 ° F" in conspicuous letters at least the size of those used in the food name.

(e) If smoked fish contained in the package are sold or distributed in a frozen state, the words "PERISHABLE — KEEP FROZEN PRIOR TO USE" in conspicuous letters at least the size of those used in the food name.

(f) The processing date of the smoked fish.

(2)  Smoked fish processed on different dates may not be commingled in the same container, either at the processing plant or while the fish are being stored, distributed, or offered for sale at wholesale or retail.

(3)  No person may misrepresent a smoked fish processing date, or sell or distribute smoked fish labeled with any processing date other than the original processing date stated by the processor.

(4)  Food consisting of or containing smoked fish shall be immediately removed from sale, and shall be destroyed or treated to render it unattractive and unfit for human consumption, if any of the following occurs:

(a) The food package is not labeled with a processing date.

(b) The food is held at a temperature above 38 ° F. (3.4 ° C.) at any time prior to retail sale. This paragraph does not apply to a food which the department specifically exempts in writing because it is not a potentially hazardous food.

(5)  No smoked fish may be sold, distributed, or offered or exposed for sale in this state unless the smoked fish have been processed, labeled, and handled in compliance with this subchapter. This subsection applies to every person engaged in the sale or distribution of smoked fish in this state, regardless of whether the person processes smoked fish in this state.

(6)  Smoked fish may not be sold or distributed in a frozen state unless the fish are frozen at the smoked fish processing plant and kept frozen until sold at retail. Frozen smoked fish may not be thawed for sale in an unfrozen state.

(7)  Cold-process smoked fish may not be used as an ingredient in any other perishable, ready-to-eat food.

Cr. Register, October, 1989, No. 406 , eff. 11-1-89; r. and recr. Register, April, 1996, No. 484 , eff. 5-1-96; CR 09-009 : r. and recr. Register October 2009 No. 646 , eff. 11-1-09; CR 15-093 : am. (1) (d) Register August 2016 No. 728 , eff. 9-1-16; correction in (1) (d) made under s. 35.17 , Stats., Register August 2016 No. 728 .