ATCP 75.06(2)(b)
(b) The functions that the local health department proposes to perform under the program.
ATCP 75.06(2)(c)
(c) Projected local staffing and budget for the program, including staffing and budget for inspection and enforcement.
ATCP 75.06(2)(d)
(d) The entities that the local health department proposes to license under the program, and the approximate license fees that the local health department proposes to charge.
ATCP 75.06 Note
Note: A local ordinance may combine and expand license categories, as long as those categories include all of the retail food establishments that are required to be licensed under s.
ATCP 75.03 and the agent agreement. A local ordinance may establish local license fees that differ from the fees charged under s.
ATCP 75.03 (3) for licenses issued by the department. However, license fees must be based on the local agent's reasonable program costs. See sub. (4) (c) and s.
97.41 (4), Stats.
ATCP 75.06(2)(e)
(e) A description of the proposed licensing and recordkeeping system that the local health department proposes to maintain under the program.
ATCP 75.06(2)(f)
(f) A description of the proposed inspection and enforcement program that the local health department proposes to implement under the program.
ATCP 75.06(2)(g)
(g) Proposed procedures for coordinating with federal, state and local agencies in the event of an emergency or disaster.
ATCP 75.06(2)(h)
(h) The procedures that the local health department will use to grant or deny retail food establishment license applications, and the time periods within which the local health department will grant or deny a complete application. Procedures and time periods shall be consistent with those provided in
s. ATCP 75.03 (5) to
(7).
ATCP 75.06(2)(i)
(i) Reasonable assurance that the local health department will provide continuing adequate funding and other support for the program.
ATCP 75.06(2)(j)
(j) Other information, required by the department, which is reasonably necessary or relevant to the department's review of the application.
ATCP 75.06(3)
(3) Department action on local application. The department shall grant or deny an application under
sub. (2) within 60 days after the department receives a complete application.
ATCP 75.06(4)(a)1.
1. Clearly describe the retail food licensing program that the local agent agrees to implement. The program shall comply with applicable requirements under this chapter.
ATCP 75.06(4)(a)2.
2. Provide for full and adequate enforcement of subch.
II and other laws identified in the agreement.
ATCP 75.06(4)(b)
(b) An agent agreement may incorporate, by reference, information contained in the application under
sub. (2).
ATCP 75.06(4)(c)
(c) Retail food establishment license fees charged by a local agent may exceed the amounts specified in
s. ATCP 75.03 (3), but the amount of license fees collected less the amount paid to the department under
s. ATCP 75.11 (2) may not exceed an amount reasonably required to cover the local agent's program costs under
s. ATCP 75.10 (2).
ATCP 75.06 Note
Note: See s.
97.41 (4), Stats.
ATCP 75.06(5)
(5) Review and evaluation. The department shall periodically review and evaluate a local agent's implementation of an agent agreement, as provided in
s. ATCP 75.12.
ATCP 75.06(6)
(6) Amendments. An agent agreement may be amended at any time, by agreement of the parties.
ATCP 75.06(7)
(7) Termination by local agent. A local agent may terminate an agent agreement by giving 90 days prior written notice to the department.
ATCP 75.06(8)(a)(a) If the department finds that a local agent has failed to comply with the terms of the agent agreement, the department may by written notice terminate the agreement. The termination notice shall specify the termination date and reasons for termination.
ATCP 75.06(8)(b)
(b) A notice under
par. (a) may terminate an agent agreement immediately, without prior notice, if the department finds that immediate termination is necessary in an emergency to protect the public health, safety or welfare.
ATCP 75.06(8)(c)
(c) The department may issue a warning notice to a local agent, stating that the department may terminate an agent agreement if the local agent fails by a specified date to correct deficiencies identified in the warning notice.
ATCP 75.06 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09; correction to numbering in (1) (a) 4. to 6. made under s.
13.92 (4) (b) 1., Stats.,
Register December 2008 No. 636.
ATCP 75.07(1)(1)
Staff numbers; qualifications and equipment. A local agent shall employ adequate staff to implement the retail food program described in the agent agreement. One or more registered public health sanitarians, employed by the local agent, shall perform or directly supervise all retail food establishment inspections under the program. The local agent shall provide appropriate equipment to inspection personnel, as provided in the agent agreement.
ATCP 75.07(2)
(2) Training in standard procedures. The department shall train one or more registered public health sanitarians employed by each local agent, so that the sanitarians can apply standard inspection procedures prescribed by the department and if necessary teach those procedures to other inspectors employed by the local agent. The department shall evaluate its trainees, to ensure that they understand and can apply and teach the standard inspection procedures. The department may, from time to time, update standard inspection procedures.
ATCP 75.07(3)
(3) Department assumes no liability. The department assumes no liability for the job safety or welfare of a local agent's employees, or for the actions or omissions of the local agent's employees, except as otherwise provided by law.
ATCP 75.07 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.08(1)(1)
General. A local agent shall inspect retail food establishments for compliance with subch.
II and other laws identified in the agent agreement. A local agent shall use standard inspection procedures that the department may, from time to time, prescribe.
ATCP 75.08(2)
(2) Licensed retail food establishments; inspection frequency and scope. A local agent shall conduct at least one unannounced inspection per year at each licensed retail food establishment, unless the agent agreement specifies a different inspection frequency. The inspection shall evaluate all of the following, subject to the terms of the agent agreement:
ATCP 75.08(2)(c)
(c) Food preparation, holding and display, including temperature control if applicable.
ATCP 75.08(3)
(3) Inspection-related tasks. A local agent shall do all of the following as part of an inspection under this section:
ATCP 75.08(3)(b)
(b) Prepare an inspection report that identifies law violations, if any, and specifies correction deadlines. The inspector shall use an inspection report form approved by the department. The inspector shall provide a copy of the inspection report to the operator of the retail food establishment. If possible, the inspector shall discuss the report with the operator and obtain a receipt acknowledgment from the operator.
ATCP 75.08(3)(c)
(c) Conduct timely re-inspections, as necessary, to determine whether violations have been corrected.
ATCP 75.08 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.09(1)
(1)
General. Except as provided in
sub. (2), a local agent shall investigate every food-related complaint that it receives against a retail food establishment under its jurisdiction. The local agent shall prioritize and investigate complaints according to established complaint handling and investigation procedures. The following types of complaints shall be treated in descending order of priority:
ATCP 75.09(1)(a)
(a) If a complaint alleges facts that indicate a serious or imminent public health hazard, the local agent shall investigate immediately.
ATCP 75.09(1)(b)
(b) If a complaint alleges facts that indicate a potential public health problem, but not a serious or imminent public health hazard, the local agent shall investigate as soon as practicable.
ATCP 75.09(1)(c)
(c) If a complaint has no public health significance, the local agent may investigate the complaint when time permits.
ATCP 75.09(2)
(2) Coordination with other agencies. A local agent shall notify and consult with the department and other affected agencies having jurisdiction, as necessary, related to complaints that may be of significant concern to those agencies. A local agent shall coordinate complaint investigations, as necessary, with other agencies having jurisdiction.
ATCP 75.09 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.10(1)(a)(a) A local agent shall keep complete and accurate records of its activities under an agent agreement, including complete and accurate records of all licenses and license holders, license fee revenues, inspections, complaints, investigations, enforcement actions and program costs.
ATCP 75.10(1)(b)
(b) A local agent shall retain a copy of each record, in electronic or hard copy form, for at least 3 years.
ATCP 75.10(1)(c)
(c) Upon termination of an agent agreement, a local agent shall file with the department copies of records that are relevant to the local agent agreement or the regulation of retail food establishments.
ATCP 75.10(2)
(2) Cost documentation. A local agent shall document the cost of the retail food program that it administers under the agent agreement. The cost may include direct costs for licensing, inspection, complaint handling, investigation, enforcement, information management, reporting and other activities under the program, as well as indirect costs reasonably allocated to the program. Costs may include staff, equipment, facility, contract service and other costs reasonably allocated to the program.
ATCP 75.10(3)(a)(a) A local agent shall report information to the department upon request, and shall make information available to the department for inspection and copying upon request.
ATCP 75.10(3)(b)
(b) A local agent shall file a monthly report with the department, by the 10th day of each month. The report shall identify all of the following:
ATCP 75.10(3)(b)1.
1. All retail food establishments newly licensed during the preceding month.
ATCP 75.10(3)(b)2.
2. All changes in the license status of retail food establishments during the preceding month.
ATCP 75.10(3)(c)
(c) A local agent shall promptly notify the department, in writing, whenever the local agent takes formal enforcement action against a retail food establishment. A formal enforcement action includes a court complaint, an enforceable administrative order, or an action to suspend or revoke a license, but does not include a warning notice. The local agent shall include, with its notice to the department, a copy of the relevant court complaint, administrative order or license action.
ATCP 75.10 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.11
ATCP 75.11
Reimbursement of department costs. ATCP 75.11(1)(1)
Fiscal year. The fiscal year under an agent agreement begins on July 1 and ends on June 30, except as otherwise provided in the agent agreement.
ATCP 75.11(2)
(2) Payment to department. By September 30 of each year, a local agent shall pay to the department, for each retail food establishment licensed by the local agent during the preceding fiscal year, the following applicable fee:
ATCP 75.11(2)(a)
(a) A fee equal to 10% of the license fee provided in
s. ATCP 75.03 (3), regardless of the license fee actually charged by the local agent, if the local agent prepares and submits to the department by September 30 of that year an annual self-assessment as required by
s. ATCP 75.12 (1).
ATCP 75.11(2)(b)
(b) A fee equal to 20% of the license fee provided in
s. ATCP 75.03 (3), regardless of the license fee actually charged by the local agent, if the local agent fails to submit to the department by September 30 of that year an annual self-assessment as required by
s. ATCP 75.12 (1). A fee payment under this paragraph does not exempt the local agent from the duty to prepare and submit an annual self-assessment.
ATCP 75.11 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.12(1)
(1)
Annual evaluation. At least once each year, the department shall review and evaluate a local agent's implementation of its agent agreement with the department, and the local agent shall submit a self-assessment in a format determined by the department. The department's review and evaluation may be based, in part, upon the self-assessment and may include all of the following:
ATCP 75.12(1)(a)
(a) The terms of the agent agreement, and a renegotiation of terms if necessary.
ATCP 75.12(1)(d)
(d) Local agent procedures, including licensing, inspection, complaint handling, investigation and enforcement procedures.
ATCP 75.12(1)(e)
(e) Local agent costs, license revenues, license fees and related accounting and financial management.
ATCP 75.12 Note
Note: The evaluation under sub. (1) will normally be patterned, in part, after evaluation procedures outlined in the "Voluntary National Retail Food Regulatory Program Standards" issued by the United States food and drug administration.
ATCP 75.12(2)
(2) Three-year on-site evaluation. At least once every 3 years, the department shall conduct an on-site evaluation of a local agent's retail food program. The department shall evaluate the program for compliance with this chapter and the agent agreement. The department may, as part of its evaluation, conduct survey inspections of retail food establishments licensed by the local agent. In lieu of conducting its own evaluation, the department may accept an equivalent evaluation conducted by the Wisconsin department of health services pursuant to a cooperative agreement with that department under s.
93.06 (11), Stats.
ATCP 75.12 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
