Register June 2013 No. 690
Chapter DHS 196
Authority and purpose.
Suspension or revocation of permit.
Appeals of actions by the department.
Appeals of actions by agent health departments.
Special organizations serving meals.
Adoption of Wisconsin food code.
Ch. DHS 196 Note
Chapter H 96 was renumbered chapter HSS 196 effective August 1, 1982. Chapter HSS 196 as it existed on June 30, 1985 was repealed and a new chapter HSS 196 was created effective July 1, 1985.
Chapter HSS 196 was renumbered chapter HFS 196 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 492
. Chapter HFS 196 as it existed on January 31, 2001 was repealed and a new chapter HFS 196 was created effective February 1, 2001. Chapter HFS 196 was renumbered chapter DHS 196 effective February 1, 2009.
Authority and purpose.
Sections 254.71 (6)
and 254.74 (1)
, Stats., authorize the department to prescribe rules for restaurants and to enforce those rules for the purpose of protecting public health and safety. This chapter, including ch. DHS 196 Appendix
, establishes definitions; sets standards for management and personnel and for safe food operations and equipment and facilities; provides for restaurant plan review, permit issuance, inspection and enforcement actions; and requires food protection practices certification for restaurant operators and managers. For purposes of ch. DHS 196 Appendix
, a restaurant is a type of food service establishment.
DHS 196.01 History
Cr. Register, January, 2001, No. 541
, eff. 2-1-01; CR 08-073
: renum. from HFS 196.01 Register January 2009 No. 637
, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.
The provisions of this chapter, including ch. DHS 196 Appendix
, apply to any restaurant, mobile restaurant, temporary restaurant or special organization serving meals, except that Chapter 9
of ch. DHS 196 Appendix
applies only to mobile restaurants, Chapter 10
of ch. DHS 196 Appendix
applies only to temporary restaurants. Chapter 12
of ch. DHS 196 Appendix
, relating to food protection practices certification of operators and managers, does not apply to temporary restaurants or to special organizations serving meals.
In addition to the following definitions, the definitions in part 1-2 of ch. DHS 196 Appendix
apply to this chapter:
"Agent" means the city, county or village designated by the department to issue permits to and make investigations or inspections of restaurants, including temporary restaurants and mobile restaurants.
"Catering" is the activity of providing food for a specific event at a location other than the licensed restaurant on a contractual, prearranged basis to a predefined subset of the general public, such as invited guests to a wedding or similar celebration, or to participants in an organized group or activity. Catering does not include the sale of individual meals directly to the consumer.
"Contract cook" is a person who specializes in a home food service and prepares food in the home of an individual only for members of that household and houseguests for private parties.
"Department" means the Wisconsin department of health services.
"Extensive remodeling" means the construction or repair of an existing restaurant that significantly alters the design or operation of the food service area. Extensive remodeling does not include redecorating, cosmetic refurbishing, or altering seating design or capacity.
"General public" means; any person who is served or sold a meal, except as provided under par. (c)
"General public" includes, but is not limited to employees, members, guests, customers, or occupants of private clubs, industrial plants, offices, or businesses.
Members of a household or personal guests in a private home, who are served a meal prepared by a member of the household.
Persons who are served a free meal by a religious or other non-profit charitable organization, at a "soup kitchen," food pantry, or similar location where meals are served to the needy.
Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when the meal is prepared by members of the religious organization.
Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.
Employees attending an occasional meal prepared by management or their co-workers for the purpose of expressing appreciation or building workplace morale.
Guests attending a meal served in connection with a birthday, anniversary, or similar celebration if the food is prepared by persons participating in the celebration.
Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s. 150.84 (2)
Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch. 48, Stats.
Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s. 302.01
, Stats., a county jail, defined in s. 302.30
, Stats., a juvenile correctional facility, defined in s. 938.02 (10p)
, Stats., or a juvenile detention facility, defined in s. 938.02 (10r)
"Immediate family member" means any of the following:
A grandparent, parent, sibling, child, grandchild or stepchild.
"Meal" means any ready-to-eat food served or sold to the general public in individual or prepackaged single portions or servings for immediate on-premises consumption, or transported off-premises in individual prepackaged carryout servings for immediate consumption, or specifically preordered individual or multiple serving portions which are transported to an off-premises location for immediate consumption.
"Meal" includes but is not limited to sandwiches, individual portions of cured and pickled food sold from bulk containers, hard boiled eggs, hot ready-to-eat soup, or raw or cooked processed foods sold or served in individual portions.
"Meal" does not include soft drinks, ice cream, milk, milk drinks, coffee, tea, ices, confections, pastry items, or food items sold by the weight, count, or piece in individual packages which require further preparation for consumption at another location.
"Occasional" or "occasionally" means not more than 3 days during any 12-month period.
"Premises" means each individual building, space, or stand where food is prepared, served, or sold.
"Pre-packaged restaurant" means a restaurant that serves only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving.
"Restaurant" means any building, room or place where meals are prepared, served or sold to transients or the general public, and all places used in connection with the building, room or place and includes any public or private school lunchroom for which food service is provided by contract. "Restaurant" does not include any of the following:
Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
Churches; religious, fraternal, youths' or patriotic organizations, service clubs and civic organizations that occasionally prepare, serve or sell meals to transients or the general public.
Any public or private school lunchroom for which food service is directly provided by the school.
A private individual selling food from a movable or temporary stand at a public farm sale.
The serving of food or beverage through a licensed vending machine.