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.
DHS 198.16
DHS 198.16
Equipment maintenance and sanitizing. DHS 198.16(1)(1)
Maintenance. Vending machines and related equipment shall be maintained in a clean and sanitary condition and in good repair.
DHS 198.16(2)
(2) Replacement parts. All replacement parts and tubing shall be equal to or exceed original equipment specifications. Where clear tubing is used, it shall be replaced with clear tubing. No part built in as a function of the vending machine may be removed or by-passed.
DHS 198.16(3)(a)(a) Utility openings. All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or closed to prevent the entry of insects and rodents.
DHS 198.16(3)(b)
(b) Closing methods. Grommets, clamps or other effective closures may be used. Where the opening is not used until the point of installation, the closure may be shipped with the machine in packet form rather than in the installed position.
DHS 198.16(3)(c)
(c) Shipping bolt holes. Where shipping bolt holes are used, the holes shall be closed by the use of grommets, durable tapes, sealants or reusable bolts provided by the manufacturer. These closures shall be easily identifiable or adequately described in the instruction manual for their intended use.
DHS 198.16(3)(d)
(d) Miscellaneous openings. Miscellaneous openings into the cabinet and through the cabinet wall other than coin entrance, coin returns and crown pullers, but including openings for optional service connections or alternate installations, shall be provided with effective closures by the manufacturer. The closures shall be provided for these not-in-use openings, and shall be easily identifiable, properly marked or adequately described in the instruction manual for their intended use.
DHS 198.16(3)(e)
(e) Disconnection safeguards. All service connections to utilities shall be of a type which will discourage their unauthorized or unintentional disconnection.
DHS 198.16(4)
(4) Cleaning and sanitizing facilities. Approved facilities for cleaning and sanitizing equipment shall be available for each vending machine location or at a central location. If at a central location, reasonable precautions shall be taken to protect the product contact surfaces from contamination during storage, transportation and installation. Facilities for cleaning and sanitizing shall include either permanently fixed sinks of adequate size which are used only for this or a similar purpose or there shall be portable washing facilities such as a service wagon, metal or plastic pails or another mobile device which can be satisfactorily moved from one location to another. Sinks and portable receptacles shall be large enough to submerge at least 50% of the largest single piece of equipment or part of a vending machine which is to be cleaned and sanitized. Water used for cleaning product contact surfaces shall not be less than 110°F. (43
°C.), shall contain an adequate amount of effective soap or detergent and shall be kept clean by changing it frequently.
DHS 198.16(5)
(5) Manual sanitizing. Sanitizing of handwashed product contact surfaces shall be by one of the following methods:
DHS 198.16(5)(a)
(a) Submerge washed equipment for 30 seconds in clean water maintained at a temperature of 170°F. (77°
C.) or more. Mechanical spray rinsing for a period of 10 seconds at 180°F. (82°C.) is also approved; or
DHS 198.16(5)(b)
(b) Submerge or rinse equipment following the washing operation in water at a minimum temperature of 110°F. (43°C.) to remove soap or detergent, and then submerge the equipment for at least 2 minutes in a hypochlorite solution which shall be made up with a chlorine concentration of at least 100 parts per million and shall be discarded when the chlorine concentration goes below 50 parts per million. Hypochlorite solutions shall be prepared fresh at least daily. Other sanitizing solutions may be used provided that use is at the concentration at which tested and approved by the department.
DHS 198.16(6)
(6) Thermometers. The employee doing the cleaning shall be equipped with a thermometer which registers from 0°F. (-18°C.) to not less than 200°F. (93°C.) and has an accuracy of ±2°F. (1°C.) and shall use this thermometer to check water temperatures.
DHS 198.16(7)
(7) Cleaned in place. In machines designed so that food-contact surfaces are not readily removable, all surfaces intended for in-place cleaning shall be designed and fabricated so that:
DHS 198.16(7)(a)
(a) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen;
DHS 198.16(7)(b)
(b) Cleaning and sanitizing solutions will contact all food-contact surfaces;
DHS 198.16(7)(c)
(c) The system is self-draining or capable of being completely evacuated; and
DHS 198.16(7)(d)
(d) The procedures used result in thorough cleaning and sanitizing of the equipment.
DHS 198.16 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85;
CR 08-073: renum. from HFS 198.10
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.17(1)(1)
Approved source. Water used in vending machines shall be of safe and sanitary quality. Where a public water supply is available, connection and use are required. Where a public water supply is not available, the well or wells supplying the machines shall comply with
ch. NR 812, rules of the department of natural resources concerning well construction and pump installation.
DHS 198.17(2)
(2) Transportation and plumbing. Water used as a product ingredient shall be piped into the vending machine under pressure or brought to the vending machine in portable containers which have been filled directly from an approved water supply outlet. Portable containers shall be designed and maintained as food contact surfaces and shall be cleaned and sanitized, using the procedures established in
s. DHS 198.16 (4) and
(5), at the commissary or other approved facility before each use. These containers and their contents shall be continuously protected against contamination during filling, transporting to the location and sale of the product. All plumbing connections and fittings shall be installed in accordance with
chs. SPS 382 and
383.
DHS 198.17(3)
(3) Water filters. If used, water filters or other water-conditioning devices shall be of a type which may be disassembled for periodic cleaning or replacement of the active element. Replacement elements shall be handled in a sanitary manner.
DHS 198.17 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469;
CR 08-073: renum. from HFS 198.11
Register January 2009 No. 637, eff. 2-1-09; correction in (2) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637; correction in (2) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
DHS 198.18(1)(1)
Removal. All trash and other food product waste material shall be removed from the machine location as frequently as may be necessary to prevent a nuisance and unsightliness, and shall be disposed of in a manner that will not cause an insect or rodent problem.
DHS 198.18(2)
(2) Containers. Self-closing, leakproof and easily cleanable refuse containers shall be provided in the vicinity of each machine or machines to receive cartons, wrappers and other items of refuse.
DHS 198.18(3)(a)(a) Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow and other internal wastes.
DHS 198.18(3)(b)
(b) An automatic shut-off device shall be provided which will place the vending machine out of operation before a container overflows. The cut-off mechanism shall be set at a point to permit removal of the waste container from the machine without spillage.
DHS 198.18(3)(c)
(c) Containers and surfaces on which wastes may accumulate shall be readily removable for cleaning, easily cleanable and corrosion-resistant.
DHS 198.18(4)
(4) Waste connections. Liquid waste drainage pipes from a vending machine may not be connected to plumbing unless an air gap meeting the requirements of
s. SPS 382.33 (7) (a) is provided.
DHS 198.18 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 May 2002 No. 557;
CR 08-073: renum. from HFS 198.12
Register January 2009 No. 637, eff. 2-1-09; correction in (4) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
