Register June 2006 No. 606
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)
Internal cross-referencing is widely used throughout the code to eliminate the need for restating provisions. For example, fixtures and devices necessary for handwashing are relevant to both the plumbing (Chapter 5
) and the facilities (Chapter 6
) portions. To alert the reader to relevant information and provide a system by which each violation is recorded under the one most appropriate provision, the Code uses the phrase "...as specified under (followed by a Code cite such as a section or paragraph)." It must be determined within the context of the provision whether the cross reference simply provides information to explain the requirement or whether the observed violation is properly recorded against the provision that is cited after the word "under".
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.
Section Designations Based on Categories of Importance
Requirements contained in the Food Code are identified as being in one of 3 categories of importance: critical; "swing" (i.e., those that may or may not be critical depending on the circumstances); and noncritical. A bold superscripted letter C after a section title indicates that all of the provisions within that section are critical unless otherwise indicated. Any provisions that are "swing" items are followed by a bold, superscripted letter S. Any provisions that are noncritical are followed by a bold, superscripted letter N.
Any unmarked provisions within a section that has a superscripted letter C after the section
title are critical. All provisions following a section title that is not marked with a superscripted
letter C are noncritical.
Portions of some sections are written in Italics. These provisions are not requirements, but are included in the code to convey relevant information about specific exceptions and alternative means for compliance.
Defined words and terms are capitalized (small caps) in the text of the Wisconsin Food Code to alert the reader to the fact that there is a specific meaning assigned to the capitalized words and terms, and that the meaning of a provision is to be interpreted in the defined context. A concerted effort was also made to capitalize all forms and combinations of those defined words and terms that are related to the definition.
- See PDF for table
- See PDF for table
1-1 TITLE, INTENT, SCOPE
(a) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170
(b) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70
(3) "Adulterated" has the meaning stated in s. 97.02
(3m) "Agent" means the city, county or village designated by the department to issue permits to and make investigations and inspections of food establishments.
(4) "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
(5) "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 aw.
(6) "Beverage" means a liquid for drinking, including water.
(7) "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.
(8) "Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.
(9) "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.
(a) "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
(b) "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.
(11) "CFR" means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as 21 CFR 178.1010
refers to Title 21, Part 178, Section 1010.
(12) "Code of Federal Regulations" means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which:
(a) Is published annually by the U.S. Government Printing Office; and
(b) Contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9
CFR, EPA rules in 40 CFR, and Wildlife and Fisheries rules in 50 CFR.
(13) "Commingle" means:
(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label; or
(b) To combine shucked shellfish from containers with different container codes or different shucking dates.
(a) "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing.
(b) "Comminuted" includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.
(15) "Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.
(16) "Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
(17) "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
(18) "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
(19) Critical Item.
(a) "Critical item" means a provision of this Code, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.