Register June 2016 No. 726
Chapter ATCP 74
local agents and regulation
Subchapter I – Cities, Counties, and Villages Designated as Agents of the Department for Public Health Protection Purposes
ATCP 74.01   Authority and purpose.
ATCP 74.02   Applicability.
ATCP 74.03   Definitions.
ATCP 74.04   Agent status.
ATCP 74.05   Staffing.
ATCP 74.06   Inspections.
ATCP 74.07   Enforcement.
ATCP 74.08   Reports and records.
ATCP 74.09   Reimbursements and other payments for services.
ATCP 74.10   Expiration of permits.
ATCP 74.11   Termination, revocation or suspension of agent agreement.
ATCP 74.12   Evaluation and training.
ATCP 74.13   Waivers.
Subchapter II — Local Regulation of Retail Food Establishments
ATCP 74.21   Retail food program; agent agreement.
ATCP 74.22   Local agent staff.
ATCP 74.23   Inspections.
ATCP 74.24   Complaint investigations.
ATCP 74.25   Records and reports.
ATCP 74.26   Reimbursement of department costs.
ATCP 74.27   Review and evaluation.
Ch. ATCP 74 Note 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 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.
Ch. ATCP 74 Note Note: Chapter 74 (title) was created under s. 13.92 (4) (b) 2., Stats., Register June 2016 No. 726.
Ch. ATCP 74 Note Note: Effective 7-1-16, 2015 Wis. Act 55 amended the word “permit" in ch. 254, stats., to become “license" in ch. 97, stats., and all references in this chapter to “permit" mean “license" for the purpose of licensing, regulation, and enforcement of this chapter by the department.
subch. I of ch. ATCP 74 Subchapter I – Cities, Counties, and Villages Designated as Agents of the Department for Public Health Protection Purposes
ATCP 74.01 ATCP 74.01Authority and purpose. This subchapter is promulgated under the authority of s. 97.615 (2) (b), Stats., to provide standards for villages, cities, and counties designated by the department to be its agents in issuing permits to and making investigations and inspections of hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments, campgrounds, including camping resorts, recreational and educational camps, mobile home parks, and public swimming pools, and in making investigations and inspections of food vending machines, their operators, and vending machine commissaries.
ATCP 74.01 Note Note: Effective 7-1-16, pursuant to 2015 Wis. Act 55, mobile home parks are not under the authority of the department for inclusion as facilities that may be licensed, inspected, and investigated by local health department agents.
ATCP 74.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; renum. from DHS 192.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 74.02 ATCP 74.02Applicability. This subchapter applies to a village, city, or county designated as an agent of the department or applying for agent status.
ATCP 74.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; renum. from DHS 192.02 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 74.03 ATCP 74.03Definitions. In this subchapter:
ATCP 74.03(1) (1) “Agent" means a village, city, or county which has organized or appointed a county, city and county, or multiple county health department under s. 251.02, Stats., a health commission or committee under s. 141.01, 1991 Stats., a city board of health or health officer under s. 141.015, 141.02 or 141.04, 1991 Stats., or a community human services board under s. 46.23, Stats., has a population greater than 5,000, and has entered into an agent agreement with the department.
ATCP 74.03(2) (2) “Agent agreement" means a written agreement authorized by s. 97.615, Stats., between the department and a village, city or county, whereby the village, city or county is authorized to enforce, on behalf of the department, subchs. III and IV of ch. 97, Stats., and related administrative rules.
ATCP 74.03(3) (3) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 74.03(4) (4) “Facility" means a hotel or motel, tourist rooming house, restaurant, bed and breakfast establishment, food vending machine, or vending machine commissary under subch. III of ch. 97, Stats., or a camping resort or other campground, recreational camp, educational camp, mobile home park or public swimming pool under s. 97.67, Stats.
ATCP 74.03(5) (5) “Fiscal year" means the state fiscal year, July 1 through the following June 30.
ATCP 74.03(6) (6) “New agent" means a village, city or county that has applied for and has been granted agent status for the first time, or a village, city, or county that has reapplied for and has been granted agent status after termination of the original agent agreement.
ATCP 74.03(7) (7) “Registered sanitarian" means a sanitarian registered under s. 440.98, Stats., and chs. SPS 174 to 177.
ATCP 74.03(8) (8) “Related administrative rules" means department rules that implement subchs. III and IV of ch. 97, Stats., namely, chs. ATCP 72 to 79, or equivalent or more stringent local requirements.
ATCP 74.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; corrections in (3), (7) and (8) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; renum. from DHS 192.03 Register June 2016 No. 726; correction in (intro.) (2), (4), (8) made under s. 13.92 (4) (b) 7., Stats., correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726.
ATCP 74.04 ATCP 74.04Agent status.
ATCP 74.04(1) (1)Agent plan for administration and enforcement. A village, city, or county wishing to become a new agent shall enter into an agent agreement with the department by submitting a written proposal to the department which shall include a plan for the administration and enforcement of subchs. III and IV of ch. 97, Stats., and related administrative rules. The plan shall include, at minimum:
ATCP 74.04(1)(a) (a) Identification of the agency or agencies of village, city, or county government that will issue permits and conduct investigations and inspections;
ATCP 74.04(1)(b) (b) A description of the projected staffing and budget for issuing permits, making investigations and inspections, providing technical assistance, and enforcing applicable state rules and local ordinances;
ATCP 74.04(1)(c) (c) A list of the fees to be charged by the village, city, or county for facilities issued permits under the agent agreement;
ATCP 74.04(1)(d) (d) A description of the proposed permit issuance and recordkeeping system to be maintained by the village, city, or county under the agent agreement;
ATCP 74.04(1)(e) (e) A declaration that the village, city, or county granted agent status will contract with the department, as permitted by s. 97.615 (2) (dm), Stats., if the village, city or county wants the department to collect fees and issue permits;
ATCP 74.04(1)(f) (f) A description of the proposed inspection and enforcement program to be implemented by the village, city, or county, with a copy of the applicable city or county ordinance;
ATCP 74.04(1)(g) (g) A plan of action to ensure that there will be cooperation with appropriate federal, state, and local agencies in the event of a natural disaster or other emergency;
ATCP 74.04(1)(h) (h) Procedures for the investigation and follow-up of citizen complaints about facilities that were issued permits under the agent agreement;
ATCP 74.04(1)(i) (i) Procedures for the investigation and follow-up of reports of suspected foodborne illness;
ATCP 74.04(1)(j) (j) The time period within which the village, city, or county will make a determination on an application for a permit. The time period may not exceed 30 days following receipt of a complete application;
ATCP 74.04(1)(k) (k) An assurance of continued support by the village, city, or county for carrying out the agent agreement; and
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.