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

   1. (a) The name and address, including the zip code, of the smoked fish processor or distributor.

   2. (b) The name of the product, including the common name of the fish from which the product is derived as found in Table 3-2 of the Fourth Edition of Fish and Fishery Products Hazards and Controls Guidance.

      Note: A copy of the current edition of the Fish and Fishery Products Hazards and Controls Guidance, may be obtained from the University of Florida Bookstore by calling (800) 226-1764, or it may be downloaded from the U.S. food and drug administration website: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/default.htm.

   3. (c) The net weight of the package contents.
   4. (d) If cold-smoked fish is contained in reduced-oxygen packaging and 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.
   5. (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.
   6. (f) The processing date or processing date code of the smoked fish.
2. (2) Prohibition against commingling. Smoked fish processed on different dates or codes 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. (3) Misrepresentation of processing date or processing date code prohibited. No person may misrepresent a smoked fish processing date or processing date code, or sell or distribute smoked fish labeled with any processing date or processing date code other than the original date or code affixed by the processor.

4. (4) Removal of mislabeled or mishandled smoked fish. 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:

   1. (a) The food package is not labeled with a processing date or processing date code.
   2. (b) Vacuum-packaged, cold-smoked fish is held, other than for brief periods during distribution, at a temperature above 38° F (3.4° C) prior to retail sale. This paragraph does not apply to a food which the department specifically exempts in writing because it is not subject to spoilage and does not support pathogen growth.
5. (5) Applicability of smoked fish regulations in Wisconsin. 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.

History

History: CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20.