Register August 2016 No. 728
Wisconsin Food Code
Information to Assist the User
The following information explains the organizational format and the meaning of explanatory conventions used in the Wisconsin Food Code, which are intended to make the Code easier to use.
Each chapter of the Food Code is divided into the following subunits. The system of numbering for a chapter and any of its subunits uses the following format:
Section (§) 9-101.11
Paragraph (¶) 9-101.11 (A)
Subparagraph 9-101.11 (A) (1)
Code provisions are either appropriate for citing and debiting on an inspection report or they are not. Those not intended for citing/debiting are identified by the digits following the decimal point in the numbering system. These “nondebitable" provisions fall into two categories, those that end with two digits after the decimal point and the last digit is a zero, e.g., § 1-201.10; and those that end with three digits after the decimal point and the last 2 digits are zeros, e.g., § 8-805.100.
Two types of internal cross referencing are widely used throughout the Code to eliminate the need for restating provisions.
A. The first type of cross reference uses phrases that contain the word “under," e.g., “as specified under … (followed by the relevant portion of the Code)."
The purpose of this type of cross reference is to:
1) Alert the reader to relevant information, and
2) Provide a system by which each violation is recorded under the one most appropriate provision. This type of cross reference signals to the reader the provision of the Code under which a certain violation is properly cited/debited.
B. The second type of cross reference uses phrases that contain the word “in," e.g., “as specified in... (followed by the relevant portion of the Code)."
The purpose of this type of cross reference is to:
1) Indicate the specific provisions of a separate document such as a federal regulation that are being incorporated by reference in the requirement of the Code, e.g., ¶ 3-201.11 (C); or
2) Refer the reader to a nondebitable provision of the Code which provides further information for consideration, such as provision for an exception or for an allowance to comply via an alternative method.
For example, ¶ 3-201.16 (A) begins with “Except as specified in ¶ (B)…" and ¶ (B) states the relevant exceptions to ¶ (A). Paragraph 3-201.11 (E) states in part, “
… as specified in ¶ 3-401.11 (C)" and ¶ 3-401.11 (C) provides for an allowance to serve or sell raw or undercooked, whole-meat, intact beef steaks in a ready-to-eat form.
If you review the exception in ¶ 3-201.16 (B) and the allowance in ¶ 3-401.11 (C), you will see that exceptions and allowances often contain conditions of compliance, i.e., conditions that must be met in order for the exception or allowance to apply.
Based on the violation being cited, the substance of the text being referred to and the context in which the reference is made, users of the Code must infer the intent of the cross reference. That is, the user must determine if the cross reference simply alerts the user to additional information about the requirement or if the cross reference:
• sends (via the word “under") the citing/debiting to another Code provision; or
• incorporates (via the word “in") the referenced requirements into the Code provision.
The Wisconsin Food Code presents requirements by principle rather than by subject. For example, equipment requirements are presented under headings such as Materials, Design and Construction, Numbers and Capacities, Location and Installation, and Maintenance and Operation rather than by refrigerators, sinks, and thermometers. In this way provisions need be stated only once rather than repeated for each piece or category of equipment. Where there are special requirements for certain equipment, the requirement is delineated under the appropriate principle (e.g., Design and Construction) and listed separately in the index.
Categories of Importance:
Priority Items, Priority Foundation Items, and Core Items
Requirements contained in the Food Code are identified as being in one of 3 categories of importance:
• priority item (i.e., a provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard);
• priority foundation item (i.e., a provision in this Code whose application supports, facilitates, or enables one or more priority items); and
• core item (i.e., a provision in this Code that is not designated as a priority item or a
priority foundation item and that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance).
A “P" or “Pf" designation after a paragraph or subparagraph indicates that the provision within that section is a priority item or priority foundation item. Any unmarked provisions within a section are
(1) “Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
(2) “Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.
(3) “Accredited program" does not refer to training functions or educational programs.
(1) “Food additive"
has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (s) and 21 CFR 170
(2) “Color additive"
has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (t) and 21 CFR 70
has the meaning stated in s. 97.02
“Agent" means the city, county, or village designated by the department to issue permits to and make investigations and inspections of food establishments.
“Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
(1) “Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.
(2) “Asymptomatic" includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
“aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol
“Balut" means an embryo inside a fertile
egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.
“Beverage" means a liquid for drinking, including water.
“Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
“Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.
“Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.