DHS 196.06(3)(a)(a) As provided in s.
254.85, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 196.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 196.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
DHS 196.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 196.06(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 196.06(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 196.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 196.08 within 15 days after issuance of the notice.
DHS 196.06(3)(d)
(d) Any person who fails to comply with a temporary order issued by the department may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both, under s.
254.85 (5) (a), Stats.
DHS 196.06 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2002 No. 557;
CR 08-073: renum. from HFS 196.06, r. and recr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.07
DHS 196.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 196.08, suspend or revoke a permit for violation of ss.
254.61 to
254.88, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under
s. DHS 196.08.
DHS 196.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.08
DHS 196.08
Appeals of actions by the department. DHS 196.08(1)(a)
(a) Except as provided in
sub. (2) or
(3), a request for a hearing for denial of a permit, a voided permit, suspension, revocation, forfeiture, or an order given under
s. DHS 196.06 (1) (a) 4. or
(2) shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 196.08(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
DHS 196.08(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
DHS 196.08(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 196.08 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 196.08(1)(e)
(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a permit, an applicant or owner shall comply with
sub. (3). In an appeal concerning voiding a permit, the burden is on the applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid.
DHS 196.08(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 196.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the owner agree to a later date, the immediate danger to health is removed, the order is not contested or the owner and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 196.08(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 196.08 Note
Note: A request for a hearing under sub. (2) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 196.08(3)
(3) If the department voids a permit under
s. DHS 196.04 (6), the owner shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 196.08 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.09
DHS 196.09
Appeals of actions by agent health departments. If an agent issues a permit under this chapter, the agent shall create enforcement and appeal procedures under ss.
66.0417 and
254.69 (2) (g), Stats.
DHS 196.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.10
DHS 196.10
Special organizations serving meals. DHS 196.10(1)(1)
Applicable rules. In addition to the specific requirements of this chapter, Chapter
1 to Chapter
7 in the appendix apply to special organizations serving meals as applicable.
DHS 196.10(2)
(2) Supervision. An individual who has successfully completed a department-approved food handler training course or who has been trained in food handling by the department or agent staff shall personally supervise meal preparation and serving.
DHS 196.10(3)(a)(a) A department approved food handler training course shall consist of a minimum of 2 hours instruction time in all of the following subjects:
DHS 196.10(3)(a)1.
1. Temperature control of potentially hazardous food during preparation.
DHS 196.10(3)(b)
(b) The department, or its agent, may require that additional subjects be addressed relating to the particular food service operation.
DHS 196.10(5)
(5) Equipment and utensils. Residential sinks, refrigerators, freezers and mechanical dishwashing machines for washing multi-use eating and drinking utensils and pots, pans and other cooking utensils may be used. Dishpans may be used to accomplish the final sanitizing rinse.
DHS 196.10 History
History: CR 04-093: cr.
Register June 2005 No. 594, eff. 7-1-05;
CR 08-073: renum. from HFS 196.045
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.11(1)(1)
Access. An authorized employee or agent of the department, upon presenting proper identification, shall be permitted to enter, at any reasonable hours, any premises for which a permit is required under this chapter to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographs or other evidence needed to enforce the requirements of this chapter.
DHS 196.11(2)(a)(a) The department or its agent shall perform a food safety inspection of every restaurant that does not function as a pre-packaged restaurant at least once every 12 months.
DHS 196.11(2)(b)
(b) The department or its agent may increase the interval between inspections specified in
par. (a) for a pre-packaged restaurant, if the pre-packaged restaurant is assigned an inspection frequency based on a written department–approved risk–based inspection schedule that assigns a lower risk to the establishment and that is being uniformly applied by the department or its agent. Every pre-packaged restaurant shall be inspected at least once every 18 months.
DHS 196.11(2)(c)
(c) If the inspection frequency assigned under
par. (b) is less than once every 12 months, the department or its agent shall contact the food establishment by telephone or other means at least once every 12 months to ensure that the food establishment operator and the nature of food operation have not changed.
DHS 196.11(3)(a)(a) Except as provided under
par. (b), the department or its agent may not grant a permit to a person intending to operate a restaurant without a preinspection of the restaurant.
DHS 196.11(3)(b)
(b) A preinspection is not required for a temporary restaurant, to a special organization serving meals or when a permit is transferred to an immediate family member.
DHS 196.11 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-093: am. (2) (a) and (b)
Register June 2005 No. 594, eff. 7-1-05;
CR 08-073: renum. from HFS 196.05
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.12
DHS 196.12
Adoption of Wisconsin food code. As permitted by s.
227.14 (1s), Stats., an amended version of the 2001 U.S. food and drug administration (FDA) recommended model food code adopted as the appendix of this chapter and retitled the Wisconsin food code is in the format of the FDA-recommended food code to ensure uniformity between the Wisconsin department of health services and the Wisconsin department of agriculture, trade and consumer protection in the application and enforcement of food safety requirements.
