The food code allows a retail food establishment to hold potentially hazardous food for up to 4 hours without temperature control if the food is being prepared for cooking or if it is being held for immediate sale and consumption as ready-to-eat food.
Receiving, Handling, Storing and Displaying Food
The food code updates and clarifies basic requirements related to food receipt, handling, storage and display. A retail food establishment operator must:
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Handle, package and display food using the risk-based Hazard Analysis Critical Control Point (HACCP) system, if the food is specially processed (such as smoking, curing, brewing, or reduced-oxygen packaging). DATCP or its agent must approve HACCP plans.
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Protect food from contamination during receipt.
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Receive only clean, live shellfish, and store shellfish in their original shipping container.
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Provide an accurate thermometer for frequent food temperature monitoring.
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Identify containers holding food that has been removed from its original package.
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Protect food condiments from contamination while they are being dispensed.
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Refrain from storing packaged foods in direct contact with ice or water if water may enter the food.
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Designate a trained employee to monitor consumer self-service operations.
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Provide disposable, single service tissues or serving utensils at customer self-service display containers. Serving utensils must be removable for cleaning.
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Refrain from using sulfiting agents, except under certain defined circumstances.
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Present food for sale in a way that does not mislead or misinform the consumer.
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Thoroughly wash raw fruits and vegetables before cutting and offering them for consumption in ready-to-eat form.
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Keep produce-fogging devices clean and sanitary.
Consumer Advisory
The food code requires the operator of a food establishment to inform consumers about the increased risk associated with eating certain raw or undercooked animal foods. The operator may inform consumers by brochures, deli counter or menu advisories, label statements, table tents, placards or other effective written means.
Highly Susceptible Populations
The food code includes special requirements for food establishments serving highly susceptible populations. Highly susceptible populations may include infants, elderly people, pregnant women and people whose immune systems are compromised. The code restricts the serving of certain foods such as raw animal food and partially cooked food. Other high-risk foods may be served if they are prepared and served according to an approved HACCP plan.
Cleaning, Sanitizing and Cross-Contamination
This rule updates and clarifies basic cleaning and sanitizing requirements, as well as requirements to minimize cross-contamination of food. A retail food establishment operator must:
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Clean equipment and utensils every 4 hours when processing potentially hazardous foods. The cleaning interval may be extended, up to 24 hours if the processing area is refrigerated.
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Wash equipment and utensils thoroughly in clean water at 110°F. if the equipment and utensils are washed manually.
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Clean equipment and utensils when there is a change in processing from raw foods to ready-to-eat foods.
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Clean equipment and utensils between uses when processing raw fruits and vegetables and potentially hazardous foods.
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Clean equipment and utensils whenever contamination may have occurred.
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Rinse equipment and utensils to remove abrasives and cleaning compounds.
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Use warewashing sinks only to clean equipment and utensils. A sink may be used for activities such as washing produce or thawing foods if the sink is cleaned and sanitized before and after use.
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Use warewashing sinks that are self-draining and equipped with self-draining drain boards.
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Immerse equipment and utensils for at least one minute in 150 parts-per-million quaternary ammonium when quaternary ammonium is used as a sanitizing agent.
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Use approved sanitizers in a safe manner.
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Provide accurate thermometers to measure washing and sanitizing solution temperatures.
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Store clean and sanitized equipment and utensils at least 6 inches above the floor in a self-draining position.
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Prohibit bare hand contact with ready-to-eat food, unless otherwise approved by the regulatory authority.
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Separate raw animal foods from ready-to-eat foods.
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Separate different species of raw animal foods.
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Clean and sanitize equipment and utensils between uses.
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Separate unwashed raw fruits and vegetables from ready-to-eat foods.
Other Requirements
The food code establishes requirements for:
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Mobile and temporary food establishments.
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Public toilet rooms.
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Food manager certification.
Records and Reports
The food code requires the operator of a retail food establishment to keep records related to:
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Molluscan shellfish sources and sale dates.
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HACCP plans required by the code.
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Microbiological analyses of water obtained from private wells.
Technical Changes
The food code makes a large number of technical changes to current rules.
Fiscal Estimate
See page 27 of the March 31, 2000 Wis. Adm. Register.
Initial Regulatory Flexibilty Analysis
See page 27 of the March 31, 2000 Wis. Adm. Register.
Notice of Hearing
Arts Board
Notice is hereby given that pursuant to s. 44.565 (4), Stats., the Wisconsin Arts Board will hold a hearing at the time and place shown below to consider a proposed order to amend s. AB 2.09 (5), relating to the distribution of arts challenge initiative incentive grant funds.
Hearing Information
The public hearing will be held:
April 26, 2000 Meeting Room 132B
Wednesday Arts Board
at 10:00 a.m. 101 East Wilson St.
Madison, WI
Written Comments
Written comments on the proposed rules may be sent to the contact person by Thursday, May 25, 2000. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Wisconsin Arts Board
Statutory authority: s. 44.565 (4)
Statute interpreted: s. 44.565
Current rules that govern the distribution of arts initiative funding under the incentive program for large arts organizations provide that each eligible recipient receives a “raw award" one dollar for each four dollars of growth in eligible income during the previous fiscal year. If there is insufficient funding, the final awards are determined by proration. When proration is employed to determine the distribution of funding, the total funding available is divided by the total of all “raw awards". Each eligible recipient receives that fractional amount of its “raw award".
During each year of the program proration has been required for distribution of the funds. In the most current distribution, one organization received $203,846 (approximately 35%) of the $573,860 funding available. The smallest award during that same distribution was $14.
The proposed rule establishes maximum and minimum grant amounts for the incentive program when proration is required to be employed to determine the distribution. The maximum proposed by the rule is 12% of the available funding, and the minimum is the greater of $1,000 or 0.1743% of the available funding.
The proposed rule will produce a more equitable distribution of the arts challenge initiative funding and eliminate the situation where the administrative cost of providing a grant substantially exceeds the grant amount.
Text of Rule
Pursuant to the authority vested in the Arts Board by s. 44.565 (4), Stats., and interpreting s. 44.565, Stats., the Board hereby creates rules as follows:
SECTION 1. AB 2.09 (5) is amended to read:
AB 2.09 (5) When the total amount of raw awards exceeds the total amount of available board funds, final awards shall be determined by proration as specified in s. 44.565 (3), Stats.
When proration is required under this subsection, the maximum award shall not exceed 12% of available board funds, and the minimum award shall not be less than the greater of $1,000 or .1743% of available board funds.
Initial Regulatory Flexibility Analysis
Notice is hereby given that pursuant to s. 227.14, Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by s. 227.17 (3) (f), Stats., is as follows:
1) Type of small business affected by the rule: None
2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None
3) The types of professional skills necessary for compliance with the rule: None.
Fiscal Estimate
The proposed rule has no fiscal effect.
Contact Information
