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. ATCP 75.38(1)(1)
Cleaning and sanitizing facilities.
Approved facilities for cleaning and sanitizing equipment shall be available for each vending machine location or at a central location. At a central location, product contact surfaces shall be protected from contamination during storage, transportation, and installation. Facilities for cleaning and sanitizing shall include either a permanently fixed three-compartment sink large enough to accommodate the immersion of the largest equipment and utensil or portable washing facilities such as a service wagon, metal or plastic pails, or another mobile device which can be moved from one location to another.
Cleaned in place. In machines designed so that food-contact surfaces are not readily removable, all surfaces intended for in-place cleaning shall be designed and fabricated so that all of the following conditions are met:
Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen.
Cleaning and sanitizing solutions will contact all food-contact surfaces.
The system is self-draining or capable of being completely evacuated.
The procedures used result in thorough cleaning and sanitizing of the equipment.
ATCP 75.38 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.40(1)(1)
All trash and other food product waste material shall be removed from the vending machine location as frequently as may be necessary to prevent attracting vermin, or creating a nuisance and unsightliness, and shall be disposed of in a manner that will not attract insects or rodents.
Self-closing, leak-proof and easily cleanable refuse containers shall be provided in the vicinity of each machine or machines to receive cartons, wrappers, and other items of refuse.
Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow, and other internal wastes.
An automatic shutoff device shall be provided, which will place the vending machine out of operation before a container overflows. The cutoff mechanism shall be set at a point to permit removal of the waste container from the machine without spillage.
Containers and surfaces on which wastes may accumulate shall be readily removable for cleaning, easily cleanable, and corrosion resistant.
ATCP 75.40 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.42
ATCP 75.42 Delivery of foods.
Foods, including beverages and ingredients, in transit to vending machine locations shall be protected from contamination with dirt, dust, insects, rodents, and other foreign material. Similar protection shall be provided for single-service containers, as defined in ch. ATCP 75 Appendix
part 1-201.10, and for the product contact surfaces of equipment, containers, and devices in transit to machine locations.
ATCP 75.42 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.44 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.46
ATCP 75.46 Location.
A micro market shall be located in the interior of a building that is not accessible to the general public. Access to the micro market shall be limited to a defined population of employees, guests, or occupants of the building where the establishment is located.
ATCP 75.46 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.48
ATCP 75.48 License holder responsibilities. ATCP 75.48(1)(1)
The license holder shall assure that all of the following conditions are met:
Food is protected from potential sources of cross contamination.
Food is maintained at safe temperatures during storage, transport and display.
Micro market oversight.
Each micro market shall have a sign readily visible at the automated payment station stating all of the following:
The name and mailing address of the license holder responsible for the establishment and to whom complaints and comments should be addressed.
The telephone, email, or web information for the responsible license holder, when applicable.
ATCP 75.48 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.50
ATCP 75.50 Nature and source of food and beverages offered for sale.
All of the following requirements apply to a micro market:
A license holder shall offer only commercially packaged foods properly labeled for individual retail sale.
Food preparation by consumers is limited to heating or reheating food in a microwave oven.