When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.
Centers preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to have a microwave or stove unless the snacks served require heating. Refrigerators are required if the center serves milk or other perishable snacks.
All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condition.
Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.
After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.
Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.
All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.
All utensils and dishes shall be scraped, sorted and prewashed under running water.
For manual washing of dishes and utensils, a 3-step procedure shall be used:
Wash in water between 110°
F., using an effective soap or detergent.
Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.
Sanitize by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.
If a center uses a commercial dishwasher to clean dishes and utensils, the dishwasher shall have a readily visible temperature gauge located in the wash compartment. If the dishwasher is a spray type or immersion type dishwasher, a temperature gauge shall also be located in the rinse water line.
Wash at 130 degrees Fahrenheit to 150 degrees Fahrenheit for at least 20 seconds, using an effective cleaning agent, and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more, using an automatic rinse injector.
When using a spray-type dishwashing machine, the dishes and utensils shall be washed, rinsed and sanitized in the dishwasher according to the manufacturer's operating instructions. A chemical sanitizer shall be used in the final rinse.
If the center uses a home-type dishwasher to clean dishes and utensils, the dishes and utensils shall be washed and rinsed in the dishwasher and sanitized by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.
All dishes and utensils shall be air-dried in racks or baskets or on drain boards.
Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from an inspected source.
Only milk and milk products which are pasteurized and meet the Grade A milk standards of the Wisconsin department of agriculture, trade, and consumer protection may be served or used.
Meals shall be prepared on the premises, in a central kitchen operated by the child care center or in another location that has been inspected by a representative of a state agency.
DCF 251.06 Note
Chapter ATCP 75
, subch. III, addresses restaurants and other public eating establishments. Chapter ATCP 75
, subch. II, addresses retail food establishments.
Food in dented, bulging or leaking cans, or cans without labels, may not be used.
Hermetically sealed, non-acid or low-acid food which has been processed in a place other than a commercial food processing establishment may not be used.
Foods shall be stored at temperatures which protect against spoilage. The following measures shall be taken to prevent spoilage:
Perishable and potentially hazardous food which includes all custard-filled and cream-filled pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to spoil quickly if not kept at the proper temperature shall be continuously maintained at 40°
F. or below or 140°
F. or above, as appropriate, except during necessary periods of preparation and service.
Each refrigeration unit shall be maintained at 40°
F. or lower and each freezing unit shall be maintained at 0°
F. or lower.
Each cold storage facility shall be equipped with a clearly visible accurate thermometer.
Foods not requiring refrigeration shall be stored in clean, dry, ventilated and lighted storerooms or areas which shall be protected from contamination by sewage, wastewater backflow, condensation, leakage or vermin. In addition:
Dry foods, such as flour, sugar, cereals and beans shall be stored in bags with zip-type closures or metal, glass or food-grade plastic containers with tight-fitting covers and shall be labeled. In this paragraph, “food grade plastic" means any plastic material used in the manufacture of dishes or utensils which has been found not harmful to human health by the national sanitation foundation.
Foods stored in the basement shall be stored at least 8 inches above the floor, and food stored in other areas shall be stored high enough above the floor to provide for air circulation and to facilitate cleaning.
Raw fruits and vegetables shall be washed before being served or cooked.
Food returned from individual plates or from dining tables shall be discarded.
Food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.
Food delivery vehicles shall be equipped with clean containers or cabinets to store food while in transit. Containers for cold food shall be capable of maintaining the temperature at or below 40°
F. and containers for hot food shall be capable of maintaining the temperature at or above 140°
Potentially hazardous frozen foods shall be thawed in the refrigerator, under cold running water or on the defrost setting in a microwave oven. No potentially hazardous frozen food may be thawed by leaving it at room temperature.
Wear clean clothing and effective hair restraints such as hair nets or caps.
Wash their hands with soap and warm running water before starting work, before and after handling food, and after using the toilet. Hands shall be dried with single use towels.
Participate in the orientation under s. DCF 251.05 (4) (a)
and shall document annual training of at least 4 hours in kitchen sanitation, food handling, and nutrition.
No one with an open or infected wound or sore may work in the food preparation area unless the wound or sore is covered and, if it is on a hand, a nonporous glove is worn on that hand.
A group child care center shall provide at least the number of washbasins and toilets with plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required toilets.
- See PDF for table
When a center is licensed for more than 70 children, one additional toilet shall be provided for each additional 15 children or fraction thereof and washbasins shall be provided in the ratio of one for every 2 additional toilets and urinals or fraction thereof.
Children under the age of 30 months need not be included when determining the required fixtures under par. (a)
. However, in all cases, at least one toilet and one washbasin shall be provided.
If potty chairs are used for children under 30 months of age, the potty chairs shall be provided in a ratio of one for every 4 children or fraction thereof.
Potty chair receptacles shall be emptied and rinsed after use and the potty chair and receptacle shall be disinfected immediately using a product registered with the U.S. environmental protection agency as a disinfectant that has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.
Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size of the children.
Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper container shall be provided and accessible to children using the facilities.
Toilet room door locks shall be openable from the outside and the opening device shall be readily accessible to the staff.
(a) Requirement for outdoor play space.
A center shall have outdoor play space if children are present for more than 3 hours per day or if outdoor play is included in the center program.
(b) Required features of outdoor play space.
Except when an exemption is requested and is approved by the department under par. (c)
, a center shall comply with all of the following requirements for outdoor play space:
There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time.
There shall be at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time except as provided in subd. 4.
The total outdoor play space of a center shall accommodate not less than 1/3 of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The number of children under one year of age need not be included for purposes of computing the minimum required outdoor play space if the center provides spaces in wheeled vehicles such as strollers and wagons equal to the number of children under one year of age.
An energy-absorbing surface, such as loose sand, pea gravel, or pine or bark mulch, in a depth of at least 9 inches is required under climbing equipment, swings, and slides whenever the play equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the equipment. Shredded rubber and poured surfacing shall be installed to the manufacturer's specifications based on the height of the equipment.
Structures such as playground equipment, railings, decks, and porches accessible to children that have been constructed with CCA treated lumber shall be sealed with an exterior oil based sealant or stain at least every 2 years.
Wood containing creosote or pentachlorophenol (PCP), including railroad ties, may not be accessible to children.
The boundaries of the outdoor play space shall be defined by a permanent enclosure not less than 4 feet high to protect the children. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.
Concrete and asphalt are prohibited under climbing equipment, swings and slides.
DCF 251.06 Note
The Consumer Products Safety Commission has a publication entitled Handbook for Public Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help child care centers build safe playgrounds. To obtain copies of this publication and a related public playground safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov
Outdoor equipment shall be safe and durable. The outdoor equipment shall be all of the following:
Used in accordance with all manufacturer's instructions and any manufacturer's recommendations that may affect the safety of children in care.
Of sturdy construction with no sharp, rough, loose, protruding, pinching, or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
Placed to avoid danger of injury or collision and to permit freedom of action.
In this paragraph, “main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.
If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under par. (b)
for a center's outdoor play space.
A request for an exemption under subd. 1m.
shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following:
Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.
Provides for adequate supervision of the children as specified in Table 251.055.
Describes the arrangements to meet the toileting and diapering needs of the children.
DCF 251.06 Note
Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.
The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.