ATCP 75.08 Note
Certified food manager requirements may be found in Chapter 12
of ch. ATCP 75 Appendix
Method of payment.
If the applicant or license holder pays for a retail food establishment license by check or other draft drawn upon an account containing insufficient funds, the applicant or license holder shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees and the financial institution's processing charges by cashier's check or other certified draft, or money order.
ATCP 75.08 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in the numbering of (4) made under s. 13.92 (4) (b) 1., Stats., Register July 2020 No. 775. ATCP 75.10(1)(a)
Under s. 97.12 (1)
Stats., for the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any premises for which a license is required under this chapter or any farm, factory, warehouse, building, room, establishment or place at or in which foods are manufactured, processed, packed, packaged, stored or held for sale, and may enter any vehicle, including a vehicle used to transport or hold foods in commerce. The department and its agents may also secure samples or specimens, including samples or specimens of food and any product or substance that may affect food, examine and copy relevant documents and records, and obtain photographic and other evidence needed to enforce this chapter or a rule promulgated under this chapter. The department shall examine any samples secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this chapter. The department shall pay or offer to pay the market value of samples taken.
The department or its agent may reinspect a retail food establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the retail food establishment. The time between an inspection, investigation, and a reinspection shall be sufficient to allow the license holder time to correct the deficiencies. The department shall charge a reinspection fee, according to s. ATCP 75.08
Table B or the applicable charges as determined by an agent. If an additional reinspection is required because the license holder has not corrected a violation, the department shall assess the license holder an additional reinspection fee according to s. ATCP 75.08
Table B, or the applicable charges as determined by an agent. The department may order the license holder to show just cause why the license should not be suspended or revoked under s. ATCP 75.12
If upon inspection of a retail food establishment, the department or agent finds that the retail food establishment is not designed, constructed, equipped or operated as required under ch. 97
Stat., ch. ATCP 75
or ch. ATCP 75 Appendix
, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the deadline by which the license holder shall make the correction. The department or agent, at its discretion, may extend the deadline specified in the order.
f the license holder does not make the corrections to the violations by the deadline stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under s. ATCP 75.12
to suspend or revoke the license to operate the retail food establishment.
Under s. 97.12 (5)
, Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to the person. A person may appeal a forfeiture under s. ATCP 75.14
Whenever any duly authorized inspector of the department has reasonable cause to believe that any food examined by him or her is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the inspector shall issue and deliver to the owner or custodian of the food a holding order prohibiting the sale or movement of the food for any purpose until the analysis or examination of the sample obtained has been completed. A holding order may be effective for a period of no longer than 14 days from the time of its delivery and it may be reissued for one additional 14-day period if necessary to complete the analysis or examination of the food.
No food described in a holding order issued and delivered under par. (a)
may be sold or moved for any purpose without the approval of the department until such analysis or examination has been completed within the time specified in par. (a)
. Upon completion of the analysis or examination either of the following may apply:
If the department upon completed analysis or examination determines that the food described in such holding order is not adulterated or misbranded, then the owner or custodian thereof shall be promptly notified in writing, and such holding order shall terminate upon notification.
Where the analysis or examination shows that the food is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the owner or custodian of the food shall be notified in writing within the effective time of the holding order. Such notice has the effect of a special order issued under s. 93.18
, Stats. Upon receipt of a notice, the food subject to the holding order may not be sold, moved, disposed of or brought into compliance with applicable standards without the approval of the department. If such food is not brought into compliance, sold, moved, or disposed of within 30 days, or other agreed upon period of time, from the date the owner or custodian received notice that the food was adulterated or misbranded, the department may issue an order directing the disposition of the food. Such an order has the effect of a special order issued under s. 93.18
Any person violating an order issued under this subsection may be fined not more than the maximum amount or imprisoned not more than one year in the county jail or both. The maximum fine under this paragraph equals $10,000 plus the retail value of the product moved, sold, or disposed of in violation of the order issued under this subsection.
Special orders and orders to abate a danger to public health.
As specified under s. 97.12 (3)
The department may issue a special order as provided under s. 93.18
Stats., to any person engaged in the production, processing, sale, or distribution of food if the department finds a violation of this chapter or the rules promulgated under this chapter. An order shall state the violations found and shall specify a deadline for correction.
If the department finds that a piece of equipment, a facility, or a practice used is a danger to public health, it may order that the situation be abated or eliminated immediately and that the equipment, facility or practice not be used until the violation is corrected and the correction is confirmed by the department. The department may, instead of issuing an order, accept written agreements of voluntary compliance, which have the effect of an order.
ATCP 75.10 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (1) (b), (2) (a), (3) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.12
ATCP 75.12 Suspension or revocation of license.
The department may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department finds that there has been a substantial failure to comply with the applicable requirements of this chapter and the rules promulgated under this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued under s. 93.18
, Stats., and is subject to right of hearing before the department, if requested within 10 days after date of service.
ATCP 75.12 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.14
ATCP 75.14 Appeals of actions by the department; right of hearing.
If requested in writing within 10-days after date of the service of an order, a hearing shall be conducted within 10 days after receipt of a request for a hearing. Enforcement of the order shall not be stayed pending action on the hearing.
ATCP 75.14 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.16
ATCP 75.16 Appeals of actions by agent health departments.
If an agent issues a license under this chapter, the agent shall create and follow enforcement and appeal procedures under s. 66.0417
ATCP 75.16 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.18
Qualifications of an authorized representative conducting inspections.
An authorized representative of the department or its agent who inspects a retail food establishment or conducts a plan review for compliance with ch. ATCP 75
and its Appendix shall meet the staffing qualification requirements set forth in s. ATCP 74.08
ATCP 75.18 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.20(1)(1)
Refused inspection; process.
If a person denies access to the department or its agent, the department or its agent shall inform the person of all the following:
If the license holder denies access to a retail food establishment to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law under s. 66.0119
Reporting of refused access.
If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1)
, and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.
The department or its agent shall inspect a retail food establishment at least once during the licensing period.
The department may approve, upon request, an increase in the interval between inspections beyond 12 months if any of the following conditions exist:
The agent submits a plan to the department, requesting an inspection frequency based on the risk of food establishment operations using criteria under s. ATCP 75.08 (1) (a)
. The total number of inspections performed shall equal the number of licenses issued.
ATCP 75.20 Note
Note: The intent of this provision is to allow greater inspection frequency for high-risk retail food establishments by decreasing inspection frequency for low-risk retail food establishments.
The department or its agent shall document all of the following on an inspection report form:
Administrative information about the retail food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the retail food establishment.
The conditions or other violations from this chapter and ch. ATCP 75 Appendix
, that require corrective action by the license holder. An accompanying narrative shall contain all of the following:
A factual description of the violation observed, including location of the observed violation.
Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation.
A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.
Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:
The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item.
The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item or HACCP Plan deviation as defined in ch. ATCP 75 Appendix
The license holder shall correct core items, as defined in ch. ATCP 75 Appendix
, by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days, if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.
Issuing a report and obtaining acknowledgment of receipt
. At the conclusion of the inspection, an authorized representative of the department shall sign the completed inspection report. The department or its agent shall then perform an exit interview and obtain a signature on the inspection report from the license holder's designated person in charge, as that term is used in ch. ATCP 75 Appendix
part 2-101.11(A). A copy of the inspection report shall be left with the person in charge at the completion of the inspection or emailed or otherwise presented within 2 business days after completion of the inspection.
Refusal to sign inspection report.
If the license holder's designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following:
Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.
Inform the person that refusal to sign the inspection report will not affect the license holder's obligation to correct the violations noted in the inspection report by the deadlines specified.
Posting of inspection reports.
The department and its agents shall make inspection reports available to the public on the internet.
ATCP 75.20 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (2), (4) (b) 2. made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.30(2)
The provisions of this chapter apply to any vending machine offered for public use, except a vending machine which dispenses only 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 are otherwise not time/temperature control for safety foods, or prepackaged Grade A pasteurized milk or milk products.
ATCP 75.30 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.32
ATCP 75.32 Approval of vending machines and related equipment. ATCP 75.32(1)(1)
All vending machines and related equipment used at a vending machine location shall be approved by the department, using construction criteria developed by the National Sanitation Foundation (NSF) or the National Automatic Merchandising Association (NAMA).
Inspection for evidence of approval.
Whenever an authorized representative or agent of the department inspects a vending machine and finds that the vending machine does not contain an identifiable license as required under s. ATCP 75.06
, the authorized representative or agent of the department shall place the vending machine in a non-vend position by sealing the money or credit card insert slot, as applicable. Failure of the operator to maintain a non-vend condition until an authorized representative or agent of the department is satisfied that the vending machine is properly licensed and identified shall be cause for an action under ss. 97.65
, and 97.73
ATCP 75.32 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.34(1)(1)
A vending machine location record shall be maintained on file at the license holder's place of business within the State. That record shall include all of the following location information for each machine:
The entry under each machine in the vending machine location record shall include the machine serial number and model number, the department's license number, and a designation of the machine by primary vending purpose. Primary vending purposes are:
ATCP 75.34 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.36
ATCP 75.36 Maintenance and service connections. ATCP 75.36(1)(1)
All replacement parts and tubing shall be equal to or exceed original equipment specifications. Any clear tubing used shall be replaced with clear tubing only. No part built in as a function of the vending machine may be removed or bypassed.
All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or closed to prevent the entry of insects and rodents.
Miscellaneous openings into the cabinet and through the cabinet wall, other than coin entrance, money or credit card slots, coin returns, and crown pullers, but including openings for optional service connections or alternate installations, shall be provided with effective closures by the manufacturer. The closures shall be provided for these not-in-use openings, and shall be easily identifiable, properly marked or adequately described in the instruction manual for their intended use.
All service connections to utilities shall be of a type that will discourage their unauthorized or unintentional disconnection.
ATCP 75.36 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.