Register February 2018 No. 746
Chapter ATCP 74
local agents and regulation
Terms of the contract.
Evaluation and training.
Enforcement and sampling.
Reimbursement and other payments for services.
Reports and records.
Licensing and standards.
License denial, suspension, or revocation.
Contract termination, revocation, refusal to renew, or suspension.
Ch. ATCP 74 Note
Note: Ch. ATCP 74 in effect before 5-27-18 is published in full following s. ATCP 74.26. Ch. ATCP 74 Note
Chapter ATCP 74 as it existed on May 26, 2018 was repealed and a new ch. ATCP 74 created, effective May 27, 2018 by CR 16-082
. Chapter ATCP 74 was created from applicable portions of ch. ATCP 75 and ch. DHS 192 to facilitate the oversight of agent programs, formerly under the Department of Health Services, by the Department of Agriculture, Trade and Consumer Protection.
Ch. ATCP 74 Note
Chapter HSS 192 was renumbered to Chapter HFS 192 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., stats., Register, August, 1998, No. 512
. Chapter HFS 192 was renumbered chapter DHS 192 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
Chapter DHS 192 was renumbered subchapter I of chapter ATCP 74 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726
Ch. ATCP 74 Note
Subchapter II of chapter ATCP 74 was renumbered from subchapter III of chapter ATCP 75 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726
ATCP 74.01 Definitions.
As used in this chapter:
“Agent” means a local health department as defined in s. 250.01 (4)
, Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging, and recreational safety regulatory program, pursuant to s. 97.41
and 97.615 (2)
, Stats., in the health department's area of jurisdiction.
“Agent program” means the retail food establishment, lodging, and recreational safety regulatory program operated by an agent.
“Contract” means a signed, written agreement between a local health department and the department setting forth the obligations of each party in the operation of an agent program.
“Department” means the Wisconsin department of agriculture, trade, and consumer protection.
“Establishment” means a retail food establishment, hotel or motel, tourist rooming house, bed and breakfast establishment, vending machine, vending machine commissary, camping resort or other campground, recreational camp, educational camp, public pool, or water attraction licensed pursuant to ch. 97, Stats.
“Fiscal year” means July 1 of one year through June 30 of the next year.
“Inspection fee” means a fee charged by the agent program, the amount of which is reasonably related to the cost of performing an assessment of an establishment's compliance with the statutes and rules, under which a license is granted.
“Inspector” means any employee inspecting establishments for the department or the agent under the jurisdiction of an agent program.
“License” means the legal authority granted by the department or its agent to operate an establishment.
“Licensee” means the person or entity licensed to operate an establishment as defined in sub. (5)
“New agent” means an agent that has entered into its first contract with the department or an agent that has applied to re-enter into a contract with the department after termination of a previous contract.
“Registered environmental health specialist/registered sanitarian” or “REHS/RS” means a person who holds a REHS/RS credential awarded by the National Environmental Health Association.
“Registered sanitarian” or “RS” means an individual who is a Wisconsin-registered sanitarian, pursuant to s. 440.98
, Stats., and chs. SPS 174
, or is recognized as a registered environmental health specialist/registered sanitarian.
“Sanitarian” means a person who is qualified to conduct inspections as an agent of the department and meets the requirements under s. ATCP 74.08 (2)
ATCP 74.01 History
History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (14) made under s. 13.92 (4) (b) 7., Stats., and correction in (14), (19) made under s. 35.17, Stats., Register February 2018 No. 746. ATCP 74.02(1)
This chapter applies to agent program inspection and regulatory oversight of licensees and establishments, as defined in this chapter.
An agent program shall ensure that licensees operating retail food establishments under its jurisdiction comply with ch. ATCP 75 Appendix
ATCP 74.02 Note
Pursuant to s. 227.14 (1s)
, Stats., the department has published ch. ATCP 75 Appendix
in the format of the model food code published by the United States food and drug administration.
An agent program shall enforce applicable provisions in ch. ATCP 70
, at retail food establishments conducting food processing operations but exempt from the requirement to hold a food processing plant license, pursuant to s. ATCP 70.03 (7) (a)
ATCP 74.02 History
History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (3) made under s. 35.17, Stats., Register February 2018 No. 746. ATCP 74.04(1)
Agent proposed program plan.
To become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe all of the following:
Employee positions that will issue licenses or conduct investigations and inspections.
Staffing and budget plans for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules and local ordinances.
A list of the licenses that may be issued by the agent. A local ordinance may combine and expand license categories, so long as those categories include all of the types of establishments that shall be licensed under the agent contract.
A list of the fees to be charged by the agent to licensees. A local ordinance may establish local license fees that differ from fees charged under chs. ATCP 72
, and 79
and ch. ATCP 75 Appendix
, for licenses issued by the department. All license fees shall be based on the agent's reasonable program costs, pursuant to s. 97.41 (4)
A description of the inspection and enforcement program to be implemented by the agent including a copy of applicable village, city, or county ordinances or regulations.
Procedures to ensure cooperation between the agent and appropriate federal, state, local, and tribal agencies in the event of a natural disaster or other emergency.
Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.
Procedures for notifying the department when the agent receives information or a complaint concerning an establishment that may need to be licensed or inspected within the agent's geographical area but under the department's jurisdiction.