Register February 2012 No. 674
Chapter DHS 198
VENDING OF FOOD
DHS 198.01   Authority and purpose.
DHS 198.02   Scope.
DHS 198.03   Definitions.
DHS 198.04   Permits.
DHS 198.05   Department fees.
DHS 198.06   Enforcement.
DHS 198.07   Suspension or revocation of permit.
DHS 198.08   Appeals of actions by the department.
DHS 198.09   Appeals of actions by agent health departments.
DHS 198.10   Compliance with restaurant rules.
DHS 198.11   Approval of vending machines and related equipment.
DHS 198.12   Vending machine location.
DHS 198.13   Inspection of vending machines and commissaries.
DHS 198.14   Foods.
DHS 198.15   Food protection.
DHS 198.16   Equipment maintenance and sanitizing.
DHS 198.17   Water supply.
DHS 198.18   Waste disposal.
DHS 198.19   Delivery of foods.
DHS 198.20   Personnel.
Ch. DHS 198 Note Note: Chapter HSS 198 as it existed on June 30, 1985 was repealed and a new chapter HSS 198 was created effective July 1, 1985. Chapter HSS 198 was renumbered chapter HFS 198 under s. 13.93 (2m) (b) 1., Stats., correction made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493. Chapter HFS 198 was renumbered chapter DHS 198 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 198.01 DHS 198.01 Authority and purpose. Section 254.74, Stats., gives the department authority to prescribe rules for vending machine commissaries and vending machines and their location and servicing, and to enforce these rules for the purpose of protecting the public health.
DHS 198.01 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; CR 08-073: renum. from HFS 198.01 Register January 2009 No. 637, eff. 2-1-09.
DHS 198.02 DHS 198.02 Scope.
DHS 198.02(1)(1) Applicability. The provisions of this chapter apply to any vending machine commissary and to any self-service food vending machine offered for public use, except a vending machine which dispenses only bottled, prepackaged or canned soft drinks, candy, gum, nuts, nut meats, cookies, crackers, pastry items which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions, or prepackaged Grade A pasteurized milk or milk products.
DHS 198.02(2) (2)Approved comparable compliance. When it appears to the department that strict adherence to a provision of this chapter appears to be impractical for a particular vending machine commissary or vending machine operator, the department may approve a modification in that rule for that facility if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public's health, safety or welfare.
DHS 198.02 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 198.02 Register January 2009 No. 637, eff. 2-1-09.
DHS 198.03 DHS 198.03 Definitions. In this chapter:
DHS 198.03(1) (1) "Adulterated" means the condition of a food if it bears or contains any poisonous or deleterious substance in a quantity which may be injurious to health; if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established under U.S. food and drug administration regulations, or in excess of the tolerance if one has been established; if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption; if it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
DHS 198.03(2) (2) "Agent" means the city or county designated by the department to make investigations or inspections of vending machines, vending machine operations and vending machine commissaries for compliance with this chapter.
DHS 198.03(3) (3) "Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
DHS 198.03(4) (4) "Closed" means fitted together snugly, leaving no openings large enough to permit the entrance of vermin.
DHS 198.03(5) (5) "Department" means the department of health services.
DHS 198.03(6) (6) "Food" means any raw, cooked or processed edible substance, beverage, ice, water, or ingredient used or intended for use in whole or in part for human consumption.
DHS 198.03(7) (7) "Food contact surfaces" means those surfaces of equipment and utensils with which food normally comes in contact and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
DHS 198.03(8) (8) "Hot liquid food or beverage" means liquid food or beverage, the temperature of which at the time of service to the consumer is at least 150°F. (66°C.).
DHS 198.03(9) (9) "Milk and milk products" means grade A milk and grade A milk products.
DHS 198.03(10) (10) "Person" means an individual, partnership, association, firm, company, corporation, city, village, county or town, whether tenant, owner, lessee or licensee, or the agent, heir or assignee of any of these.
DHS 198.03(11) (11) "Potentially hazardous food" means any food that consists in whole or in part of milk, milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or any other ingredients, including synthetic ingredients, which are in forms capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms."Potentially hazardous food" does not include clean, whole uncracked, and odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions.
DHS 198.03(12) (12) "Sealed" means free of cracks or other openings which permit the entry or passage of moisture.
DHS 198.03(13) (13) "Single-service article" means a cup, container, lid or closure, plate, knife, fork, spoon, stirrer, paddle, straw, place mat, napkin, doily, wrapping material, or any similar article which is constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible material, and which is intended by the manufacturer and generally recognized by the public as for one usage only and then to be discarded.
DHS 198.03(14) (14) "Vending machine" means any self-service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. "Vending machine" does not include a device which dispenses only bottled, prepackaged or canned soft drinks, a one cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies or crackers, or a vending machine dispensing only prepackaged grade A pasteurized milk or milk products.
DHS 198.03(15) (15) "Vending machine commissary" means any building, room or place in the state at which foods, containers, transport equipment or supplies for vending machines are kept, handled, prepared or stored by a vending machine operator, except a place at which the operator is licensed to manufacture, distribute or sell food products under ch. 97, Stats.
DHS 198.03(16) (16) "Vending machine location" has the meaning in s. 254.61 (9), Stats., namely, the room, enclosure, space or area where one or more vending machines are installed and operated.
DHS 198.03(17) (17) "Vending machine operator" or "operator" has the meaning prescribed in s. 254.61 (10), Stats., namely, the person maintaining a place of business in the state and responsible for the operation of one or more vending machines.
DHS 198.03 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; correction in (16) and (17) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; CR 08-073: renum. from HFS 198.03 and am. (5) Register January 2009 No. 637, eff. 2-1-09.
DHS 198.04 DHS 198.04 Permits.
DHS 198.04(1)(1) Permit required.
DHS 198.04(1)(a)(a) No person may operate a vending machine, vending machine commissary, or vending machine commissary storage unless the person, the vending machine, vending machine commissary, or vending machine commissary storage has a permit from the department. To receive an operator's permit or a permit for a vending machine, vending machine commissary, or vending machine commissary storage, the operator shall submit an application under sub. (4) and pay the applicable fee specified in Table DHS 198.05. A separate permit is required for each vending machine, vending machine commissary, or vending machine commissary storage.
DHS 198.04(1)(b) (b) If a vending machine operator sells or otherwise transfers ownership or operation of a vending machine, vending machine commissary, or vending machine commissary storage except as provided under sub. (3), a new permit is required and the vending machine, vending machine commissary, or vending machine commissary storage may not be opened until the department has issued a new permit.
DHS 198.04(2) (2)Permit duration and renewal.
DHS 198.04(2)(a)(a) Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
DHS 198.04(2)(b) (b) Each permit shall be renewed annually as provided in sub. (4) (b).
DHS 198.04(3) (3)Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s. 254.64 (4) (a) 2., Stats., if the individual is transferring operation of a vending machine, vending machine commissary, or vending machine commissary storage. A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the vending machine, vending machine commissary, or vending machine commissary storage remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
DHS 198.04 Note Note: Under s. 254.64 (4) (a) 2., Stats., "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under s. 254.64 (4) (a) 1. and s. 179.70 (1), Stats., a "business entity" means: a corporation, as defined in s. 180.0103 (5), Stats., a limited liability company, as defined in s. 183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103 (5), Stats., a foreign limited liability company, as defined in s. 183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103 (9), Stats., or a foreign corporation, as defined in s. 181.0103 (13), Stats.
DHS 198.04(4) (4)Permit application.
DHS 198.04(4)(a)(a) Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department and shall be accompanied by all of the following:
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