Register August 2016 No. 728
Chapter ATCP 71
FOOD WAREHOUSES AND MILK DISTRIBUTORS
Food warehouse license; fees.
Shellfish licensee dealer certification.
Construction and sanitary maintenance.
Food storage and handling.
Milk distributors; license and fees.
Ch. ATCP 71 Note
Note: Chapter ATCP 71 as it existed on June 30, 1994, was repealed and a new chapter ATCP 71 was created effective July 1, 1994.
ATCP 71.01 Definitions.
As used in this chapter:
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“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 warehouse used solely for the storage of grain or other raw agricultural commodities.
A retail food establishment, restaurant, or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.
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.
A facility owned or operated by a consumer and used by that consumer to store food for the consumer's use.
“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
“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.
“Potentially hazardous food" means any food that can support the rapid and progressive growth of infectious or toxicogenic microorganisms.
“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.
“Storage facility" means each location where a milk distributor stores milk.
“Warehouse" means any building, room, structure, or facility used for the storage of property.
ATCP 71.01 History
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.
ATCP 71.02 Food warehouse license; fees. ATCP 71.02(1)
No person may operate a food warehouse without a valid license issued by the department under s. 97.27
, Stats., for that food warehouse. A food warehouse license expires on June 30 annually. A separate license is required for every food warehouse location. A license is not transferable between persons or food warehouses.
ATCP 71.02 Note
If a food warehouse is operated as a public storage warehouse, the food warehouse must also be licensed under ch. 99
(2) License application.
Application for an annual food warehouse license shall be made on a form provided by the department. The application shall include applicable fees and surcharges required under this section. An application shall include all of the information required under this section for licensing purposes.
ATCP 71.02 Note
Note: A license application form may be obtained from the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, P. O. Box 8911, Madison, WI 53708-8911.
(3) Annual license fee.
An applicant for a food warehouse license shall pay an annual license fee as follows:
For a warehouse that stores potentially hazardous food, and has fewer than 50,000 square feet of storage area, $120.
For a warehouse that stores potentially hazardous food, and has at least 50,000 square feet of storage area, $320.
For a warehouse that does not store potentially hazardous food, and has fewer than 50,000 square feet of storage area, $80.
For a warehouse that does not store potentially hazardous food, and has at least 50,000 square feet of storage area, $160.
(4) Surcharge and past fees for operating without a license. ATCP 71.02(4)(a)(a)
An applicant for a food warehouse license shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting the license application, the applicant operated the food warehouse without a license in violation of sub. (1)
In addition to paying the license fee surcharge under par. (a)
, an applicant who violated sub. (1)
shall pay all fees, set forth in a statement from the department, that are due for the license year in which the applicant violated sub. (1)
Payment of the license fee surcharge and past fees under pars. (a)
does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of a food warehouse, but does not constitute evidence of any violation of law.
If the department reinspects a food warehouse because the department has found a violation of ch. 97, Stats.
, or this chapter on a regularly scheduled inspection, the department shall charge the food warehouse operator the reinspection fee specified under par. (b)
. A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to a food warehouse operator.
For a food warehouse that stores potentially hazardous food and has fewer than 50,000 square feet of storage area, $115.
For a food warehouse that stores potentially hazardous food and has at least 50,000 square feet of storage area, $300.
For a food warehouse that does not store potentially hazardous food and has fewer than 50,000 square feet of storage area, $100.
For a food warehouse that does not store potentially hazardous food and has at least 50,000 square feet of storage area, $200.
(6) Action on license application; deadline.
The department shall grant or deny a license application under sub. (2)
within 20 business days after the department receives a complete application, or before the expiration date of any temporary license issued under sub. (8)
. If the license application is denied, the department shall notify the applicant, in writing, of the reasons for the denial.