DHS 198.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the vending machine, vending machine commissary, or vending machine commissary.
DHS 198.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 198.06(1)(b)1.1. The department or its agent may reinspect a vending machine, vending machine commissary, or vending machine commissary storage whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the vending machine, vending machine commissary, vending machine commissary storage.
DHS 198.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 198.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 198.05 A or B, or applicable charges as determined by an agent of the department.
DHS 198.06(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee equal to the reinspection fee in Table DHS 198.05 A or B, as applicable, as authorized under
s. DHS 198.05 (2) (d), and the department may order the owner to show just cause why the permit should not be suspended or revoked under
s. DHS 198.07.
DHS 198.06(2)(a)(a) If upon inspection of a vending machine, vending machine commissary, or vending machine commissary storage, the department or agent finds that the vending machine, vending machine commissary, vending machine commissary storage is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 198.06(2)(b)
(b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under
s. DHS 198.07 to suspend or revoke the permit to operate the vending machine or vending machine commissary.
DHS 198.06(2)(c)
(c) Under s.
254.88, Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under
s. DHS 198.08.
DHS 198.06(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 198.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 198.06(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 198.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator. 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 198.06(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 198.06(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 198.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 198.08 within 15 days after issuance of the notice.
DHS 198.06(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 198.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.07
DHS 198.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 198.08, 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 198.08 (1).
DHS 198.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.08
DHS 198.08
Appeals of actions by the department. DHS 198.08(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 198.06 (1) (b) 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 198.08(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 198.08(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 198.08(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 198.08 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 198.08(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 198.08(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 198.06 (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 198.08(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 198.08 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 198.08(3)
(3) If the department voids a permit under
s. DHS 198.04 (6), the vending machine operator 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 198.09
DHS 198.09
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 198.09 Note
Note: To obtain a copy of the application form for a permit to operate vending machines or a vending machine commissary, write: Bureau of Public Health, P.O. Box 309, Madison, Wisconsin 53701.
DHS 198.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.10
DHS 198.10
Compliance with restaurant rules. An operator shall ensure that each vending machine commissary or vending machine commissary storage that is operated is in compliance with the provisions of
ch. DHS 196. The department shall not grant a permit to a person intending to operate a new vending machine commissary or vending commissary storage or to a person intending to be the new operator of an existing vending machine commissary or vending machine commissary storage without a prior inspection of the commissary for compliance with the applicable provisions of this chapter and
ch. DHS 196.
DHS 198.10 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.11
DHS 198.11
Approval of vending machines and related equipment. DHS 198.11(1)(1)
Approval authority. All vending machines and related equipment used at a vending machine location shall be approved by:
DHS 198.11(1)(a)
(a) The department, on the basis of construction criteria developed by the national sanitation foundation (NSF) or the national automatic merchandising association (NAMA);
DHS 198.11(1)(b)
(b) An agent of the department, on the basis of the criteria under
par. (a); or
DHS 198.11(1)(c)
(c) A testing laboratory approved by the department. Testing laboratories approved by the department are the national sanitation foundation (NSF) and laboratories participating in the national automatic merchandising association (NAMA) vending machine evaluation program.
DHS 198.11 Note
Note: Department or agent approval is based upon the NSF or NAMA construction criteria. Copies of the criteria can be obtained by writing the National Sanitation Foundation, 3475 Plymouth Road, Ann Arbor, Michigan 48105 or the National Automatic Merchandising Association, 7 South Dearborn Street, Chicago, Illinois 60603. The criteria may be reviewed at the offices of the Secretary of State, the Legislative Reference Bureau, or the Department's Bureau of Public Health.
DHS 198.11(2)
(2) Issuance of a permit. The department shall issue a permit for each vending machine approved under
sub. (1).
DHS 198.11(3)
(3) Display of the permit. The vending machine operator shall ensure that each machine is identified at all times with the vending machine permit prescribed and furnished by the department. The vending machine permit shall be securely and conspicuously attached to the near center and upper front of the vending machine. The vending machine operator shall maintain the permit in a legible state. Vending machine permits are not transferable from one machine to another.
DHS 198.11(4)
(4) Inspection for evidence of approval. Whenever an authorized employee or agent of the department inspects a vending machine and finds that the vending machine does not contain an identifiable permit as required under
sub. (3), the authorized employee or agent of the department shall place the vending machine in a nonvend position by sealing the coin insert slot. Failure of the operator to maintain a nonvend condition until an authorized employee or agent of the department is satisfied that the vending machine is properly approved and identified shall be cause for an action under s.
254.88, Stats.
DHS 198.11 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; correction in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469;
CR 08-073: renum. from HFS 198.05
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.12(1)(a)(a) A vending machine location record shall be maintained on file at the operator's place of business within the state. That record shall include the following location information for each machine:
DHS 198.12(1)(b)
(b) The entry under each machine in the vending machine location record shall include the machine serial number and model number, the department's permit number, and a designation of the machine by primary vending purpose. Primary vending purposes are heated, refrigerated, beverages, food other than beverages, and a combination of any 2 of these.
DHS 198.12(2)(a)(a) The area in which vending machines are placed shall be well-lighted, maintained in good repair and kept clean and free from accumulation of filth, garbage or rubbish.
DHS 198.12(2)(b)
(b) Each vending machine shall be located so that the space around, over and under the machine can be readily cleaned and is kept clean.
DHS 198.12(2)(c)
(c) The floor area on which a vending machine is located shall be reasonably smooth and of cleanable construction.
DHS 198.12(2)(d)
(d) The area around a vending machine shall be free from excessive condensation.
DHS 198.12(2)(e)
(e) Vending machines may not be located where there is overhead leakage or under drains or waste piping.
DHS 198.12(2)(f)
(f) Vending machines may not be located in areas that are subjected to flooding or to the accumulation of water.
DHS 198.12(2)(g)
(g) The placement of a vending machine beneath exposed stairways is prohibited unless an overhead cover is provided for the machine.
DHS 198.12(2)(h)
(h) Vending machines may not be located in areas where there is an undue amount of air-borne dust or dirt or in areas of factories where workers must wear respirators.
DHS 198.12(2)(i)
(i) Each vending machine location where unpackaged food or ingredients are handled shall have in proximity to it adequate handwashing facilities consisting of hot and cold running water, soap and single-service drying facilities. Proper handwashing facilities in toilet rooms or in other places in the building or area where vending machines are located shall be considered satisfactory.
DHS 198.12 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; correction in (2) (h) made under s. 13.93 (2m) (b) 5., Stats.,
Register, January, 1995, No. 469;
CR 08-073: renum. from HFS 198.06
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.13
DHS 198.13
Inspection of vending machines and commissaries. An authorized employee or agent of the department shall be permitted to enter at any reasonable times, upon any private or public property within the state where vending machines or commissaries are operated, or from which machines are otherwise serviced, for the purpose of determining compliance with this chapter. The operator shall make provision for the department employee or agent to have access, either in company with an employee of the operator or otherwise, to the interior of all vending machines operated by him or her.
DHS 198.13 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85;
CR 08-073: renum. from HFS 198.07
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.14(1)(1)
Approved source. All foods offered for sale through vending machines, including beverages and ingredients, shall be manufactured, processed and prepared in commissaries or establishments that comply with all applicable local, state and federal laws.
DHS 198.14(2)
(2) Wholesomeness. All foods offered for sale through vending machines, including beverages and ingredients, shall be clean and wholesome and free from spoilage and adulteration.
DHS 198.14 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85;
CR 08-073: renum. from HFS 198.08
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.14 Note
HFS 198.15 Enforcement. History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469;
CR 08-073: r.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.15(1)(1)
General. All foods, including beverages and ingredients, shall be stored, transported, displayed and dispensed in such a manner as to be reasonably protected from dust, flies, vermin, contamination by rodents, insecticides, rodenticides, unnecessary handling, droplet infection, overhead leakage and other contamination at all times. The wet storage of cartoned, bottled, canned or packaged foods is prohibited.
DHS 198.15(2)
(2) Packaging. Potentially hazardous food offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's or processor's plant, except the following:
DHS 198.15(2)(a)
(a) Foods with natural protective coverings which are not ordinarily eaten with the food, need not be wrapped or be in containers;
DHS 198.15(2)(b)
(b) Foods dispensed into an approved single-service container inside the vending machine immediately prior to delivery to the customer need not be wrapped or be in covered containers.
DHS 198.15(3)
(3) Food temperatures. Potentially hazardous foods within a vending machine shall be maintained at a temperature not higher than 40°F. (4°C.), or a temperature not lower than 150°F. (66°C.). Canned foods are not potentially hazardous foods and for this reason are exempt from these temperature requirements. Frozen food shall be kept frozen at a temperature of 0°F. (-18°C.) or below except in vending machines with automatic defrosting in which the temperature shall not exceed 10°F. (-12
°C.). Vending machines dispensing potentially hazardous foods shall be provided with adequate refrigeration or heating units and thermostatic controls which ensure that these food temperatures are maintained at all times. These vending machines shall also have controls which prevent the machine from vending the potentially hazardous food in the event of power failure or other condition which permits the food to attain a temperature above 45°F. (7°C.) or below 150°F. (66°C.), whichever is applicable, until serviced by the operator. These temperature maintenance requirements do not apply to the actual time required to fill or otherwise service the machine and for a maximum period of 30 minutes following completion of filling or servicing operations.
DHS 198.15(4)
(4) Thermometers. A thermometer accurate to
±2°F. (1°C.) shall be provided in the vending machine to indicate the air temperature of the warmest part of the cold food storage area of the machine or the coldest part of the hot food storage area of the machine, as applicable. This thermometer shall be visible to the employee during normal filling and servicing operations.
DHS 198.15(5)(a)(a) Storage. All single-service containers which receive food from machines dispensing these products in bulk, shall be purchased in sanitary cartons or packages which protect the containers from contamination, shall be stored in a clean dry place until used and shall be handled in a sanitary manner. The containers shall be stored in the original carton or package in which they were placed at the point of manufacture until introduced into the container magazine or dispenser of the vending machine. The vending machine magazine or dispenser shall protect the food contact surface of single-service articles from manual contact, dust, insects, rodents and other contamination.
DHS 198.15(5)(b)
(b) Dispensing. All single-service articles with which food normally comes in contact, including straws, spoons, forks and containers, shall be furnished to the customer in the original individual wrapper, unopened, or in a sanitary single-service dispenser approved by the department.
DHS 198.15 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85;
CR 08-073: renum. from HFS 198.09
Register January 2009 No. 637, eff. 2-1-09.
