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Receive only clean, live shellfish, and store shellfish in their original shipping container.
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Provide an accurate thermometer for frequent food temperature monitoring.
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Identify containers holding food that has been removed from its original package.
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Protect food condiments from contamination while they are being dispensed.
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Refrain from storing packaged foods in direct contact with ice or water if water may enter the food.
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Designate a trained employee to monitor consumer self-service operations.
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Provide disposable, single service tissues or serving utensils at customer self-service display containers. Serving utensils must be removable for cleaning.
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Refrain from using sulfiting agents, except under certain defined circumstances.
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Present food for sale in a way that does not mislead or misinform the consumer.
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Thoroughly wash raw fruits and vegetables before cutting and offering them for consumption in ready-to-eat form.
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Keep produce-fogging devices clean and sanitary.
Consumer Advisory
The food code requires the operator of a food establishment to inform consumers about the increased risk associated with eating certain raw or undercooked animal foods. The operator may inform consumers by brochures, deli counter or menu advisories, label statements, table tents, placards or other effective written means.
Highly Susceptible Populations
The food code includes special requirements for food establishments serving highly susceptible populations. Highly susceptible populations may include infants, elderly people, pregnant women and people whose immune systems are compromised. The code restricts the serving of certain foods such as raw animal food and partially cooked food. Other high-risk foods may be served if they are prepared and served according to an approved HACCP plan.
Cleaning, Sanitizing and Cross-Contamination
This rule updates and clarifies basic cleaning and sanitizing requirements, as well as requirements to minimize cross-contamination of food. A retail food establishment operator must:
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Clean equipment and utensils every 4 hours when processing potentially hazardous foods. The cleaning interval may be extended, up to 24 hours if the processing area is refrigerated.
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Wash equipment and utensils thoroughly in clean water at 110°F. if the equipment and utensils are washed manually.
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Clean equipment and utensils when there is a change in processing from raw foods to ready-to-eat foods.
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Clean equipment and utensils between uses when processing raw fruits and vegetables and potentially hazardous foods.
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Clean equipment and utensils whenever contamination may have occurred.
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Rinse equipment and utensils to remove abrasives and cleaning compounds.
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Use warewashing sinks only to clean equipment and utensils. A sink may be used for activities such as washing produce or thawing foods if the sink is cleaned and sanitized before and after use.
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Use warewashing sinks that are self-draining and equipped with self-draining drain boards.
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Immerse equipment and utensils for at least one minute in 150 parts-per-million quaternary ammonium when quaternary ammonium is used as a sanitizing agent.
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Use approved sanitizers in a safe manner.
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Provide accurate thermometers to measure washing and sanitizing solution temperatures.
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Store clean and sanitized equipment and utensils at least 6 inches above the floor in a self-draining position.
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Prohibit bare hand contact with ready-to-eat food, unless otherwise approved by the regulatory authority.
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Separate raw animal foods from ready-to-eat foods.
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Separate different species of raw animal foods.
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Clean and sanitize equipment and utensils between uses.
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Separate unwashed raw fruits and vegetables from ready-to-eat foods.
Other Requirements
The food code establishes requirements for:
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Mobile and temporary food establishments.
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Public toilet rooms.
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Food manager certification.
Records and Reports
The food code requires the operator of a retail food establishment to keep records related to:
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Molluscan shellfish sources and sale dates.
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HACCP plans required by the code.
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Microbiological analyses of water obtained from private wells.
Technical Changes
The food code makes a large number of technical changes to current rules.
Fiscal Estimate
This proposal to repeal and recreate ch. ATCP 75, Wis. Adm. Code, Retail Food Establishments, will have minimal fiscal impact. Currently, ch. ATCP 75 includes our licensing and enforcement procedures, as well as regulatory requirements for retail food establishments. The proposed ch. ATCP 75 includes the same licensing and enforcement procedures. However, the sanitary and regulatory requirements are contained in an Appendix that is modeled after the federal Food and Drug Administration (FDA) Model Food Code. The federal Food Code is a model code offered to the states to provide regulatory consistency between states based on the best science currently available to the FDA. The State Legislature gave the department authorization to adopt retail food rules in the format of the federal Food Code in 1999 Wis. Act 9.
The format, style and size of the FDA Model Food Code will cause an initial one-time cost for printing copies of the rule and training the industry and state and local regulatory staff on the format and style changes. The initial printing cost will be significant. It will be necessary to provide copies of the Code to approximately 8000 Retail Food Stores, 80 state inspection staff, and 22 Local Agent Health Departments with an average of 4 inspectors each. We estimate that the initial printing cost would be approximately $1100 per 1000 copies. The initial number of copies needed is 10,000. Total cost of initial printing is estimated to be $11,000.A significant amount of training is necessary to familiarize industry and state and local regulators with the format, style and content of the Food Code. We will absorb these training costs by reallocating current training staff to develop and deliver this training. State and local staff needing training will be reallocated to this training from other training, again absorbing training costs. After the initial training period, we will be able to maintain training as we currently do.
Initial Regulatory Flexibilty Analysis
Retail Food Establishments
Repealing and recreating ch. ATCP 75, Wis. Adm. Code, Retail Food Establishments, will have a minimal fiscal impact on small businesses as defined in s. 227.114 (1)(a), Stats. Approximately 8,000 retail food establishments are currently licensed and inspected by either the department or a local city/county health department that serves as an agent of the department. The retail food establishments range from small establishments that only sell prepackaged food, to large, retail food establishments which process as well as sell large volumes of food.
The proposed retail food establishment rule will include an “Appendix A", Wisconsin Food Code, which will update existing requirements and provide guidance for safe food handling and processing practices. This proposed retail food establishment rule is nearly identical to the rule being proposed by DHFS for restaurants. The proposed rule is based on the 1999 model food code published by the United States food and drug administration (FDA) which is applicable to retail food establishments as well as restaurants. The FDA has recommended that state and local governments adopt the model food code to provide more regulatory uniformity between retail food establishments and restaurants and across local, state & federal jurisdictions.
The proposed changes to ATCP 75, which may impact on small businesses are:
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The food code includes management and personnel standards. Management must have knowledge of principles necessary for the prevention of foodborne disease or illness and the use of a Hazard Analysis Critical Control Point (HACCP) program. Additional personnel standards address employee health, personal cleanliness and hygienic practices.
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This rule expands and clarifies the current rules regarding sanitation standards for personnel in retail food establishments.
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This rule expands from the current rule on the procedures of how, when and where to wash your hands and the maintenance of fingernails.
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Under this rule, no retail food establishment may acquire food from an unlicensed, unapproved source.
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This rule adds the United States Food And Drug Administration (FDA) national shellfish safety program regulations regarding the handling of shellfish in retail food establishments.
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Temperatures required for the preparation, storage, holding and reheating of potentially hazardous foods have been changed to be consistent with national food safety standards. New temperature requirements for raw animal foods, cooked plant foods, wild game species, and exotic games species are provided.
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Cooling requirements for potentially hazardous foods are changed to allow longer cooling times.
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Requirements related to handling of ready-to-eat food have been changed to specifically prohibit touching of such foods with bare hands, unless otherwise approved by the department.
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New in the code is the requirement for date marking ready-to-eat potentially hazardous food held in a food establishment for more than 24 hours.
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The proposed rule allows the use of time, as the only factor, rather than time in conjunction with temperature, as a public health control measure.
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A variance from the department will be required for specialized processing methods as a method of food preservation; such as smoking food, curing food, brewing alcoholic beverages, using food additives, using reduced oxygen packaging methods and similar specialized processing methods will require.
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The model food code requires the operator of a food establishment to inform consumers of the increased risk associated with eating certain animal foods that may be served raw, undercooked or not otherwise processed to eliminate pathogens.
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The proposed rule includes special requirements for food establishments that restricts the serving of certain foods to highly susceptible populations.
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The proposed rule, as does the current rule, includes food equipment standards, and requirements for utensils, linens and other equipment. It also includes requirements for mobile and temporary food establishments, public toilet rooms, and food manager certification requirements for restaurant or food service operations.
With the exception of “Demonstration of Knowledge", this rule does not propose major changes which will impact businesses in the State of Wisconsin.
The impact of requiring food service management to have knowledge of principles necessary for the prevention of foodborne disease (Demonstration of Knowledge) at licensed retail food establishments would be minimal. Currently most retail food establishments have managers that are required to maintain a Food Managers Certification. This certification covers the knowledge of food safety principles. The only additional cost would involve providing an appropriate level food safety training of all staff who handles food.
The overall impact of the proposed ATCP 75 rule change on small business is minimal. It would not be necessary for licensed food establishments to retain additional professional services to comply with this rule.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Notice is hereby given that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 443.04 (1) (b), (c) and (d) and 443.06 (2) (am), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to renumber s. A-E 6.04 (1) and (2); to renumber and amend s. A-E 6.04 (intro.); to amend ss. A-E 4.05 (1) (b), (2) (a), (3) (a) and (4) (b), 6.05 (1) and (3) (a) and (b); and to create ss. A-E 2.02 (8), 6.04 (2) and 6.05 (3) (c) (intro.), 1., 2., 3., 4. and (d) (intro.), 1., 2., 3. and 4., relating to registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
Hearing Information
April 12, 2000 Room 179A
Wednesday 1400 East Washington Ave.
1:30 p.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 28, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statutes interpreted: ss. 443.04 (1) (b), (c) and (d) and 443.06 (2) (am)
In this proposed rule-making order, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors contains amendments which relate to use of registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
The Board creates s. A-E 2.02 (8) to clarify what a registrant must do in situations where plans and specifications are to be submitted for state approval by a licensee who did not do the original design work. This rule would allow Wisconsin registrants to finish projects in which the original design person because of death or dismissal is unable to finish it.
