Sec. ATCP 71.01 - Definitions

ยง ATCP 71.01. Definitions

As used in this chapter:

(1) "Cold storage warehouse" has the meaning specified in s. 97.27(1) (a), Stats.

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

(2m) "Facility" has the meaning given in 21 CFR 117.3.

(3) "Food" has the meaning specified in s. 97.01(6), Stats.

(4) "Food warehouse" means a warehouse used for the storage of food, and includes a cold storage warehouse, frozen food warehouse, and frozen food locker plant. "Food warehouse" does not include:

(a) A warehouse used solely for the storage of grain or other raw agricultural commodities.

(b) A retail food establishment, restaurant, or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.

(c) A warehouse located in a dairy plant licensed under s. 97.20, Stats., a food processing plant licensed under s. 97.29, Stats., or a meat establishment licensed under s. 97.42, Stats., and used primarily for the storage of food ingredients or food products manufactured or processed at the licensed establishment.

(d) A warehouse operated by a milk distributor licensed under s. 97.21(3), Stats., and used primarily for the storage and distribution of milk and fluid milk products, as defined in s. 97.01(10) (a) and 97.20(1) (c), Stats.

(e) A facility owned or operated by a consumer and used by that consumer to store food for the consumer's use.

(5) "Frozen food locker plant" has the meaning specified in s. 97.27(1) (c), Stats.

(6) "Frozen food warehouse" has the meaning specified in s. 97.27(1) (d), Stats.

(6c) "HACCP system" means the process of analyzing food manufacturing or storage for food safety hazards, and developing and implementing a written hazard analysis and critical control points plan in accordance with 21 CFR 123.6 to 123.9.

(6d) "Licensee dealer" means the operator of a food processing plant or food warehouse licensed in Wisconsin for the activities of shellstock shipper, shucker-packer, repacker, or reshipper.

(6h) "Milk distributor" has the meaning given in s. 97.21(1) (e), Stats.

(6p) "Package" has the meaning given in s. ATCP 90.01(16).

(6t) "Qualified facility" has the meaning given in 21 CFR 117.3.

(7) "Potentially hazardous food" means any food that can support the rapid and progressive growth of infectious or toxicogenic microorganisms.

(8) "Regularly scheduled inspection" means a routine inspection, other than an inspection scheduled in response to a finding of a violation of ch. 97, Stats., or this chapter.

(8m) "Storage facility" means each location where a milk distributor stores milk.

(9) "Warehouse" means any building, room, structure, or facility used for the storage of property.

(Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 05-044: cr. (6m) and (8m) Register December 2005 No. 600, eff. 1-1-06. Amended by, Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 05-044: cr. (6m) and (8m) Register December 2005 No. 600, eff. 1-1-06; CR 15-093: cr. (2m), (6c), (6d), renum. (6m) to (6h), cr. (6p), (6t) register August 2016 No. 728, eff. 9-1-16; correction in (4) (d) made under s. 13.92(4) (b) 7, Stats., and correction in (6c), (6t) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016)

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