ATCP 75.03(5)(b) (b) Deny the application. If the department or its agent denies the application it shall give the applicant written notice specifying the reasons for the denial.
ATCP 75.03(5)(c) (c) Issue an interim license under sub. (6).
ATCP 75.03(6) (6)Interim license. The department or its agent municipality or county may issue an interim license, for a period not to exceed 40 business days, pending final action on an application for an annual retail food establishment license. The department or its agent shall grant or deny the annual license application before the interim license expires. If the department or its agent denies a license application before the applicant's interim license expires, the interim license is automatically terminated when the applicant receives written notice of the denial. The holder of an interim license acquires no license rights beyond those conferred by the interim license under this subsection. The department or its agent may not issue an interim license in response to a renewal application by the holder of an existing license.
ATCP 75.03(7) (7)Pre-license inspection. The department or its agent municipality or county may inspect a retail food establishment, as the department or agent deems necessary, before issuing a license to the retail food establishment. The department or its agent may not issue a license or interim license for a new retail food establishment until it inspects the new retail food establishment for compliance with this subchapter. A previously licensed retail food establishment is not considered a new retail food establishment under this subsection solely because of a change of ownership, or solely because of alterations in the retail food establishment.
ATCP 75.03(8) (8)Plan review. A person may ask the department or its agent to review plans for the construction, reconstruction or alteration of a retail food establishment before the person constructs, reconstructs or alters the retail food establishment, or converts an existing structure for use as a retail food establishment.
ATCP 75.03(9) (9)License exemptions. A retail food establishment license is not required under s. 97.30, Stats., or this section for any of the following:
ATCP 75.03(9)(a) (a) A retail food establishment that sells only packaged foods or fresh fruits and vegetables, provided the establishment does not sell potentially hazardous food and does not engage in food processing.
ATCP 75.03(9)(b) (b) A retail food establishment operated by a person holding a food processing plant license under s. 97.29, Stats., if all the following apply:
ATCP 75.03(9)(b)1. 1. The person operates the retail food establishment at the same location as the licensed food processing plant.
ATCP 75.03(9)(b)2. 2. Sales from the retail food establishment are included in the computation of the food processing plant license fee under s. 97.29 (3), Stats.
ATCP 75.03(9)(c) (c) A retail food establishment operated by a person holding a restaurant permit issued under s. 97.605, Stats., if all of the following apply:
ATCP 75.03(9)(c)1. 1. The person operates the retail food establishment at the same location as the restaurant for which the person holds a permit under s. 97.605, Stats.
ATCP 75.03(9)(c)2. 2. Non-meal food sales from that location comprise no more than 50% by dollar volume of all meal and non-meal food sales from that location. Sales of alcohol beverages and vitamin supplements shall be excluded from the calculation of food sales under this subdivision.
ATCP 75.03(9)(d) (d) A restaurant, vending machine, vending machine commissary or other establishment for which a permit is issued under s. 97.605, Stats., to the extent that the activities of the establishment are covered by that permit.
ATCP 75.03(9)(e) (e) A retail food establishment operated by a person holding a dairy plant license under s. 97.20, Stats., if all the following apply:
ATCP 75.03(9)(e)1. 1. The person operates the retail food establishment at the same location as the licensed dairy plant.
ATCP 75.03(9)(e)2. 2. Food sales from that location, other than sales of dairy products produced at that location, comprise no more than 25% by dollar volume of all dairy and nondairy food sales from that location.
ATCP 75.03(9)(f) (f) A retail food establishment operated in conjunction with a state licensed or federally inspected meat establishment if all the following apply:
ATCP 75.03(9)(f)1. 1. The meat establishment is licensed under s. 97.42, Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.
ATCP 75.03(9)(f)2. 2. The person operating the meat establishment operates the retail food establishment at the same location.
ATCP 75.03(9)(f)3. 3. Food sales from that location, other than sales of inspected meat or meat products produced at that location, comprise no more than 25% by dollar volume of all meat and non-meat food sales from that location.
ATCP 75.03(9)(g) (g) A retail food establishment primarily engaged in selling fresh fruits and vegetables, honey, cider, sorghum, or maple syrup produced by the operator of the retail food establishment if no other food processing activities are conducted at that retail food establishment.
ATCP 75.03(9)(h) (h) A temporary retail food establishment operated by a religious, charitable or nonprofit organization for no more than 12 days in any license year.
ATCP 75.03 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 04-096: am. (3) (d) Register June 2005 No. 594, eff. 7-1-05; CR 05-044: am. (2), (3) and (4) (b) Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (3) (a) to (e) and (4) (b) 1. to 5. Register April 2008 No. 628, eff. 5-1-08; CR 07-093: renum. from ATCP 75.02 Register December 2008 No. 636, eff. 1-1-09; CR 08-075: am. (1) and (9) (f) 1. Register April 2009 No. 640, eff. 5-1-09; correction in (4) (a), (7), (9) (c) (intro.), (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (9) (e) 2., (h) made under s. 35.17, Stats., Register June 2016 No. 726; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.
ATCP 75.04 ATCP 75.04 Denial, suspension or revocation of license; conditional license. The department or its agent may deny, suspend or revoke a license, or impose conditions on a license as provided under s. 93.06 (7) and (8), Stats. Except as otherwise provided by statute, rule or local ordinance, the suspension or revocation of a license shall comply with the prior notice requirements of s. 227.51, Stats.
ATCP 75.04 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 07-093: renum. from ATCP 75.03 Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.05 ATCP 75.05 Standards for retail food establishments. A retail food establishment shall comply with the model food code, ch. ATCP 75 Appendix.
ATCP 75.05 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 07-093: renum. from ATCP 75.04 Register December 2008 No. 636, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
subch. III of ch. ATCP 75 Subchapter III — Restaurants
ATCP 75.101 ATCP 75.101Authority and purpose. Sections 97.33 (6) and 97.625 (1), Stats., authorize the department to prescribe rules for restaurants and to enforce those rules for the purpose of protecting public health and safety. This subchapter, including ch. ATCP 75 Appendix, establishes definitions; sets standards for management and personnel and for safe food operations and equipment and facilities; provides for restaurant plan review, permit issuance, inspection and enforcement actions; and requires food protection practices certification for restaurant operators and managers. For purposes of ch. ATCP 75 Appendix, a restaurant is a type of food service establishment.
ATCP 75.101 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-073: renum. from HFS 196.01 Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690; renum. from DHS 196.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 75.102 ATCP 75.102Applicability. The provisions of this subchapter, including ch. ATCP 75 Appendix, apply to any restaurant, mobile restaurant, temporary restaurant or special organization serving meals, except that Chapter 9 of ch. ATCP 75 Appendix applies only to mobile restaurants, Chapter 10 of ch. ATCP 75 Appendix applies only to temporary restaurants. Chapter 12 of ch. ATCP 75 Appendix, relating to food protection practices certification of operators and managers, does not apply to temporary restaurants or to special organizations serving meals.
ATCP 75.102 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 04-093: am. Register June 2005 No. 594, eff. 7-1-05; CR 08-073: renum. from HFS 196.02 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 196.02 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 75.103 ATCP 75.103Definitions. In addition to the following definitions, the definitions in part 1-2 of ch. ATCP 75 Appendix apply to this subchapter:
ATCP 75.103(1) (1)“Agent" means the city, county or village designated by the department to issue permits to and make investigations or inspections of restaurants, including temporary restaurants and mobile restaurants.
ATCP 75.103(1g) (1g)“Catering" is the activity of providing food for a specific event at a location other than the licensed restaurant on a contractual, prearranged basis to a predefined subset of the general public, such as invited guests to a wedding or similar celebration, or to participants in an organized group or activity. Catering does not include the sale of individual meals directly to the consumer.
ATCP 75.103(1r) (1r)“Contract cook" is a person who specializes in a home food service and prepares food in the home of an individual only for members of that household and houseguests for private parties.
ATCP 75.103(2) (2)“Department" means the department of agriculture, trade and consumer protection.
ATCP 75.103(2g) (2g)“Extensive remodeling" means the construction or repair of an existing restaurant that significantly alters the design or operation of the food service area. Extensive remodeling does not include redecorating, cosmetic refurbishing, or altering seating design or capacity.
ATCP 75.103(2r)(a)(a) “General public" means; any person who is served or sold a meal, except as provided under par. (c).
ATCP 75.103(2r)(b) (b) “General public" includes, but is not limited to employees, members, guests, customers, or occupants of private clubs, industrial plants, offices, or businesses.
ATCP 75.103(2r)(c) (c) “General public" does not include any of the following:
ATCP 75.103(2r)(c)1. 1. Members of a household or personal guests in a private home, who are served a meal prepared by a member of the household.
ATCP 75.103(2r)(c)2. 2. Persons who are served a free meal by a religious or other nonprofit charitable organization, at a “soup kitchen," food pantry, or similar location where meals are served to the needy.
ATCP 75.103(2r)(c)3. 3. Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when the meal is prepared by members of the religious organization.
ATCP 75.103(2r)(c)4. 4. Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.
ATCP 75.103(2r)(c)5. 5. Employees attending an occasional meal prepared by management or their coworkers for the purpose of expressing appreciation or building workplace morale.
ATCP 75.103(2r)(c)6. 6. Guests attending a meal served in connection with a birthday, anniversary, or similar celebration if the food is prepared by persons participating in the celebration.
ATCP 75.103(2r)(c)7. 7. Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s. 150.84 (2), Stats.
ATCP 75.103(2r)(c)8. 8. Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch. 48, Stats.
ATCP 75.103(2r)(c)9. 9. Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s. 302.01, Stats., a county jail, defined in s. 302.30, Stats., a juvenile correctional facility, defined in s. 938.02 (10p), Stats., or a juvenile detention facility, defined in s. 938.02 (10r), Stats.
ATCP 75.103(3) (3)“Immediate family member" means any of the following:
ATCP 75.103(3)(a) (a) A spouse.
ATCP 75.103(3)(b) (b) A grandparent, parent, sibling, child, grandchild, or stepchild.
ATCP 75.103(3)(c) (c) The spouse of a person under par. (b).
ATCP 75.103(3m)(a)(a) “Meal" means any ready-to-eat food served or sold to the general public in individual or prepackaged single portions or servings for immediate on-premises consumption, or transported off-premises in individual prepackaged carryout servings for immediate consumption, or specifically preordered individual or multiple serving portions which are transported to an off-premises location for immediate consumption.
ATCP 75.103(3m)(b) (b) “Meal" includes but is not limited to sandwiches, individual portions of cured and pickled food sold from bulk containers, hard boiled eggs, hot ready-to-eat soup, or raw or cooked processed foods sold or served in individual portions.
ATCP 75.103(3m)(c) (c) “Meal" does not include soft drinks, ice cream, milk, milk drinks, coffee, tea, ices, confections, pastry items, or food items sold by the weight, count, or piece in individual packages which require further preparation for consumption at another location.
ATCP 75.103(4) (4)“Mobile restaurant" has the meaning of “mobile food establishment" in ch. ATCP 75 Appendix.
ATCP 75.103(4f) (4f)“Occasional" or “occasionally" means not more than 3 days during any 12-month period.
ATCP 75.103(4i) (4i)“Premises" means each individual building, space, or stand where food is prepared, served, or sold.
ATCP 75.103(4m) (4m)“Prepackaged restaurant" means a restaurant that serves only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving.
ATCP 75.103(5) (5)“Restaurant" means any building, room or place where meals are prepared, served, or sold to transients or the general public, and all places used in connection with the building, room, or place and includes any public or private school lunchroom for which food service is provided by contract. “Restaurant" does not include any of the following:
ATCP 75.103(5)(a) (a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.
ATCP 75.103(5)(b) (b) Churches; religious, fraternal, youth, or patriotic organizations; service clubs; and civic organizations that occasionally prepare, serve, or sell meals to transients or the general public.
ATCP 75.103(5)(c) (c) Any public or private school lunchroom for which food service is directly provided by the school.
ATCP 75.103(5)(d) (d) Bed and breakfast establishments.
ATCP 75.103(5)(e) (e) A private individual selling food from a movable or temporary stand at a public farm sale.
ATCP 75.103(5)(f) (f) The serving of food or beverage through a licensed vending machine.
ATCP 75.103(5)(g) (g) Any college campus as defined in s. 36.05 (6m), Stats., institution as defined in s. 36.51 (1) (b), Stats., or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36, Stats.
ATCP 75.103(5)(h) (h) A concession stand at a locally sponsored sporting event, such as a little league game. In this paragraph, “concession stand" means a food stand that serves meals and is operated exclusively for the benefit of a participating youth sports team or program or the governing youth sports organization, and “locally sponsored sporting event" means a competitive game, taking place inside or outside, specifically for youth, that is organized or sponsored by one or more local business, governmental, or other civic organization, or by parents of the youth, including a school-sponsored interscholastic sports competition.
ATCP 75.103 Note Note: For the purposes of this subchapter, the term “restaurant" is synonymous with the term “food establishment" used in ch. ATCP 75 Appendix.
ATCP 75.103(6) (6)“Special organization serving meals" means a restaurant licensed under s. 97.605, Stats., operated by a church or a religious, fraternal, youth or patriotic organization or a service club or civic organization that prepares, serves, or sells meals to which members of the general public are invited, for at least 4 but not more than 12 days during any 12-month period. “Meals", as used in this subsection, does not include a meal that is incidental to normal activities intended exclusively for members of the particular special organization nor does it include a meal served in conjunction with a church worship service, such as a funeral or wedding or to persons who attended that service.
ATCP 75.103(7) (7)“Temporary restaurant" means a restaurant that operates at a fixed location in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, or anniversary sale for a period of no more than 14 consecutive days or in conjunction with an occasional sales promotion.
ATCP 75.103 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 04-093: cr. (1g), (1r) and (4m), r. and recr. (6) Register June 2005 No. 594, eff. 7-1-05; CR 08-073: renum. from HFS 196.03 and am. (2) Register January 2009 No. 637, eff. 2-1-09; CR 12-038: cr. (2g), (2r), (3m), (4f), (4i), am. (7) Register June 2013 No. 690, eff. 9-1-13; renumber (2r) (c) to (2r) (c) (intro.), 1. to 9. under s. 13.92 (4) (b) 1., Stats., correction in (intro.), (4), made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690; renum. from DHS 196.03 Register June 2016 No. 726; correction in (intro.), (4), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; correction in (2r) (c) 2., 5., (4m), (5) (b) under s. 35.17, Stats., Register June 2016 No. 726.
ATCP 75.104 ATCP 75.104Permits.
ATCP 75.104(1)(1)Permit required.
ATCP 75.104(1)(a)(a) Except as specified in pars. (c) and (d), no restaurant may be opened to the public until the owner of the restaurant has obtained a permit from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in Table ATCP 75.105 B or C, whichever is applicable. A separate permit is required for each restaurant.
ATCP 75.104(1)(b) (b) If any permit holder sells or otherwise transfers ownership or operation of a restaurant to another person, except as provided in sub. (3), a new initial permit is required, and the restaurant may not be opened to the public until the department has issued a new permit.
ATCP 75.104(1)(c) (c) A contract cook who adheres to all of the following is exempt from the permit requirement under par. (a):
ATCP 75.104(1)(c)1. 1. The contract cook is paid for his or her service, culinary skills, technique, or expertise.
ATCP 75.104(1)(c)2. 2. The contract cook either uses food provided by the person employing the cook's services or the cook shops for food from a list provided by the person.
ATCP 75.104(1)(c)3. 3. The contract cook uses only the home kitchen of the person requesting the food service to prepare food for the person.
ATCP 75.104(1)(c)4. 4. The contract cook does not prepare or store food in bulk quantities for use at multiple sites or for meals served to the general public. If a contract cook prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the contract cook shall obtain a restaurant permit.
ATCP 75.104(1)(c)5. 5. The contract cook does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a restaurant permit.
ATCP 75.104(1)(d) (d) A caterer operating from the caterer's permitted restaurant is not required to obtain a restaurant permit for the locations where the caterer serves food.
ATCP 75.104(2) (2)Permit duration and renewal.
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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.