Register June 2016 No. 726
Chapter ATCP 78
ATCP 78.01   Authority and purpose.
ATCP 78.02   Scope.
ATCP 78.03   Definitions.
ATCP 78.04   Plan consultation.
ATCP 78.05   Permits.
ATCP 78.06   Department fees.
ATCP 78.07   Enforcement.
ATCP 78.08   Suspension or revocation of permit.
ATCP 78.09   Appeals of actions by the department.
ATCP 78.10   Appeals of actions by agent health departments.
ATCP 78.11   Location of the camp.
ATCP 78.12   Water supply.
ATCP 78.13   Sewage disposal system.
ATCP 78.14   Toilet and shower facilities.
ATCP 78.15   Garbage and refuse.
ATCP 78.16   Food preparation and service.
ATCP 78.17   Buildings and grounds.
ATCP 78.18   Safety and supervision.
ATCP 78.19   Health.
ATCP 78.20   Register.
ATCP 78.21   Sleeping quarters.
ATCP 78.22   Primitive camping.
Ch. ATCP 78 Note Note: Chapter H 75 as it existed on August 31, 1978, was repealed and a new Chapter H 75 was created effective September 1, 1978. Chapter H 75 was renumbered Chapter HSS 175 effective June 1, 1982; Chapter HSS 175 as it existed on October 31, 1985 was repealed and a new Chapter HSS 175 was created effective November 1, 1985. Chapter HSS 175 was renumbered chapter HFS 175 under s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January 1997, No. 493. Chapter HFS 175 as it existed on January 31, 2001, was repealed and a new chapter HFS 175 was created effective February 1, 2001. Chapter HFS 175 was renumbered chapter DHS 175 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 175 was renumbered chapter ATCP 78 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.
Ch. ATCP 78 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.
ATCP 78.01 ATCP 78.01Authority and purpose. This chapter is promulgated under the authority of ss. 97.67 (4) and 227.11 (2) (a), Stats., to prescribe rules for recreational and educational camps for enforcement by the department and agent local health departments to protect public health and safety.
ATCP 78.01 Note Note: Each camp owner or operator should implement a comprehensive system of background checks for all person who apply to be camp staff members and will have direct, regular contact with campers. The system should include asking the person to self-disclose, in writing, any of the following in their background: pending criminal charges, criminal convictions, governmental findings of abuse or neglect of a child or adult, or governmental findings of misappropriation of a child's or an adult's property.
ATCP 78.01 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-073: renum. from HFS 175.01 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 175.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 78.02 ATCP 78.02Scope.
ATCP 78.02(1) (1)Applicability. This chapter applies to the operators of recreational and educational camps and to the department and its agents.
ATCP 78.02(2) (2)Approved comparable compliance.
ATCP 78.02(2)(a)(a) The department may approve an alternative to a method, practice, material, equipment, or design required under this chapter that will not be contrary to public health, safety, or welfare when the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement under this chapter.
ATCP 78.02(2)(b) (b) An alternative approved by the department under par. (a) may be made conditional for either of the following:
ATCP 78.02(2)(b)1. 1. A defined period of time.
ATCP 78.02(2)(b)2. 2. Experimental or trial purposes.
ATCP 78.02 Note Note: To obtain a form for requesting an alternative, e-mail or contact the Bureau of Food and Recreational Businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 78.02 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-073: renum. from HFS 175.02 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 175.02 Register June 2016 No. 726.
ATCP 78.03 ATCP 78.03Definitions. In this chapter:
ATCP 78.03(1) (1) “Adult" means a person 18 years of age or older.
ATCP 78.03(2) (2) “Adulteration" means making food not safe for human consumption by having it bear or contain any of the following:
ATCP 78.03(2)(a) (a) A poisonous or deleterious substance in a quantity that may be injurious to health.
ATCP 78.03(2)(b) (b) An added poisonous or deleterious substance for which no safe tolerance has been established under U.S. food and drug administration regulations, or exceeding the tolerance if one has been established.
ATCP 78.03(2)(c) (c) A filthy, putrid, or decomposed substance, or is otherwise unfit for human consumption.
ATCP 78.03(2)(d) (d) It has been processed, prepared, packed, or held under unsanitary conditions which may have rendered it injurious to health.
ATCP 78.03(2)(e) (e) It is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter.
ATCP 78.03(2)(f) (f) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
ATCP 78.03(3) (3) “Agent" means the city, county or village designated by the department under s. 97.615 (2), Stats., and subch. I of ch. ATCP 74 to issue permits to and make investigations or inspections of recreational and educational camps.
ATCP 78.03(4) (4) “Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
ATCP 78.03(5) (5) “Camp" means a premises, including temporary and permanent structures, that is operated as an overnight living quarters where both food and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and that is offered free of charge or for payment of a fee by a person or by the state or a local unit of government. “Camp" does not include any of the following:
ATCP 78.03(5)(a) (a) An overnight planned program of recreation or education for adults or families at an establishment holding a current hotel or motel or restaurant permit.
ATCP 78.03(5)(b) (b) An overnight planned program of recreation or education for less than 4 consecutive nights and without permanent facilities for food and lodging.
ATCP 78.03(5)(c) (c) An overnight planned program for credit at an accredited academic institution of higher education.
ATCP 78.03(5)(d) (d) A tournament, competition, visitation, recruitment, campus conference, or professional sports team training camp.
ATCP 78.03(6) (6) “Camp health supervisor" means an adult responsible for routine and emergency health care supervision at the camp.
ATCP 78.03(7) (7) “Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. Comminuted includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.
ATCP 78.03(8) (8) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
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.