Register December 2010 No. 660
Chapter ATCP 75
RETAIL FOOD ESTABLISHMENTS
Subchapter I — Definitions and General Provisions
ATCP 75.01   Definitions.
ATCP 75.02   Authority, scope and purpose.
Subchapter II — Retail Food Establishments; Licensing and Standards
ATCP 75.03   Retail food establishments; licensing.
ATCP 75.04   Denial, suspension or revocation of license; conditional license.
ATCP 75.05   Standards for retail food establishments.
Subchapter III — Local Regulation of Retail Food Establishments
ATCP 75.06   Retail food program; agent agreement.
ATCP 75.07   Local agent staff.
ATCP 75.08   Inspections.
ATCP 75.09   Complaint investigations.
ATCP 75.10   Records and reports.
ATCP 75.11   Reimbursement of department costs.
ATCP 75.12   Review and evaluation.
Ch. ATCP 75 Note Note: Chapter Ag 32 was renumbered ch. ATCP 75 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 75 as it existed on January 31, 2001 was repealed and a new chapter ATCP 75 was created effective February 1, 2001.
subch. I of ch. ATCP 75 Subchapter I — Definitions and General Provisions
ATCP 75.01 ATCP 75.01 Definitions. In this chapter:
ATCP 75.01(1) (1) "Agent agreement" means a written agreement between the department and a local health department, under which the department authorizes the local health department to administer a retail food program as the department's local agent.
ATCP 75.01(2) (2) "Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 75.01(3) (3) "Food" has the meaning given in s. 97.01 (2), Stats.
ATCP 75.01(4) (4) "Local agent" means a local health department that enters into an agent agreement with the department to administer a retail food program.
ATCP 75.01(5) (5) "Local health department" has the meaning given in s. 250.01 (4), Stats.
ATCP 75.01 Note Note: See s. 97.41 (1) (b), Stats.
ATCP 75.01(6) (6) "Registered public health sanitarian" means an individual who is registered under s. 440.98, Stats., or is recognized as a "registered environmental health specialist/registered sanitarian" by the national environmental health association.
ATCP 75.01(7) (7) "Retail food establishment" has the meaning given in s. 97.30 (1) (c), Stats.
ATCP 75.01(8) (8) "Retail food program" means a program administered by a local agent pursuant to subchapter III.
ATCP 75.01 History History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.02 ATCP 75.02 Authority, scope and purpose.
ATCP 75.02(1) (1) The department licenses and regulates retail food establishments under s. 97.30, Stats. Under s. 97.41, Stats., the department may authorize local health departments to license and regulate retail food establishments as local agents of the department.
ATCP 75.02(2) (2) The department has adopted this chapter under authority provided in ss. 93.07 (1), 97.30 (5), 97.41 (2) and (5), and 227.14 (1s), Stats.
ATCP 75.02(3) (3) Subchapter II describes retail food establishment licensing requirements and procedures, and establishes food safety standards for retail food establishments. A retail food establishment must comply with the model food code appended to this chapter. Pursuant to s. 227.14 (1s), Stats., the department has adopted the model food code in the format published by the United States food and drug administration.
ATCP 75.02(4) (4) Subchapter III describes the standards and procedures under which the department may authorize a local health department to license and inspect retail food establishments as the department's local agent.
ATCP 75.02 History History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.
subch. II of ch. ATCP 75 Subchapter II — Retail Food Establishments; Licensing and Standards
ATCP 75.03 ATCP 75.03 Retail food establishments; licensing.
ATCP 75.03(1)(1) License required. Except as provided under sub. (9), no person may operate a retail food establishment without a valid license issued by the department or an agent municipality or county. Licenses expire on June 30 annually. Each retail food establishment shall have a separate license, which shall be prominently displayed in the retail food establishment. A license is not transferable between persons or establishments.
ATCP 75.03(2) (2)License application. A person applying for a retail food establishment license shall apply on a form provided by the department, or by the agent municipality or county. The application shall include applicable fees required under this section.
ATCP 75.03(3) (3)Annual license fee. An applicant for a retail food establishment license shall pay an annual license fee as follows:
ATCP 75.03(3)(a) (a) For a retail food establishment that has annual sales of at least $25,000 but less than $1,000,000 and processes potentially hazardous food, an annual license fee of $265.
ATCP 75.03(3)(b) (b) For a retail food establishment that has annual sales of at least $1,000,000 and processes potentially hazardous food, an annual license fee of $685.
ATCP 75.03(3)(c) (c) For a retail food establishment that has annual sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food, an annual license fee of $190.
ATCP 75.03(3)(d) (d) For a retail food establishment that has annual food sales of less than $25,000, and is engaged in food processing, an annual license fee of $60.
ATCP 75.03(3)(e) (e) For a retail food establishment that is not engaged in food processing, an annual license fee of $45.
ATCP 75.03 Note Note: A person applying for an annual retail food establishment license is required to pay, in addition to the license fee under sub. (3), a weights and measures inspection fee under s. ATCP 92.12. A license may not be issued or renewed until all applicable fees are paid. See s. 97.30 (3) (d) and (3m), Stats.
ATCP 75.03(4) (4)Reinspection fee.
ATCP 75.03(4)(a)(a) If the department reinspects a retail food establishment because the department has found a violation of ch. 97, Stats., or this chapter on a regularly scheduled inspection, the department shall charge the retail food establishment operator the reinspection fee specified in 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 the retail food establishment operator.
ATCP 75.03(4)(b) (b) The reinspection fee required under par. (a) is as follows:
ATCP 75.03(4)(b)1. 1. For a retail food establishment that has annual food sales of at least $25,000 but less than $1,000,000, and processes potentially hazardous food, the reinspection fee is $190.
ATCP 75.03(4)(b)2. 2. For a retail food establishment that has annual food sales of at least $1,000,000, and processes potentially hazardous food, the reinspection fee is $450.
ATCP 75.03(4)(b)3. 3. For a retail food establishment that has annual food sales of at least $25,000, and is engaged in food processing but does not process potentially hazardous food, the reinspection fee is $190.
ATCP 75.03(4)(b)4. 4. For a retail food establishment that has annual food sales of less than $25,000, and is engaged in food processing, the reinspection fee is $90.
ATCP 75.03(4)(b)5. 5. For a retail food establishment that is not engaged in food processing, the reinspection fee is $90.
ATCP 75.03(5) (5)Action on license application. Within 15 business days after the department or its agent municipality or county receives a complete license application, the department or its agent shall do one of the following:
ATCP 75.03(5)(a) (a) Grant the application.
ATCP 75.03(5)(b) (b) Deny the application. If the department or its agent denies the application it shall give the applicant written notice specifying the reasons for the denial.
ATCP 75.03(5)(c) (c) Issue an interim license under sub. (6).
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.