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.
The Board amends s. A-E 4.05 (1) (b), (2) (a) and (4) (b) to require that an applicant for professional engineer registration must complete their experience within 10 years preceding his or her application for registration and under s. A-E 4.05 (3) within 15 years preceding his or her application for registration. The Professional Engineers Section believes it is in the best interest of the health, safety and welfare of the citizenry of Wisconsin for an applicant's experience to be within 10 to 15 years immediately preceding their application, to assure that the applicant can apply the current professional engineering procedures.
The Board amends s. A-E 6.04 to identify the educational requirements for becoming a land surveyor, which becomes effective July 1, 2000. The requirement will increase the educational requirement from a two-year degree to a four-year college or university degree.
Text of Rule
SECTION 1. A-E 2.02 (8) is created to read:
A-E 2.02 (8) Plans, specifications and calculations for buildings and structures not exempt under s. 443.15, Stats., which have been prepared by an architect or professional engineer other than the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, may be submitted provided the following conditions are satisfied:
(a) The plans, specifications and calculations shall bear the signature and seal or stamp of the architect or professional engineer who prepared them or under whose supervision and control they were prepared.
(b) A certificate, dated, signed and sealed by the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, shall be attached to the plans, specifications and calculations. The certificate shall indicate that the plans, specifications and calculations were prepared by an architect or professional engineer other than the submitting registered architect or registered engineer; shall describe the work performed by the submitting registered architect or registered engineer; and shall include statements to the effect that the plans and specifications have been reviewed and comply with all applicable local and state building codes, and that the reviewing registered architect or registered engineer will be responsible for the supervision of construction in accordance with the requirements of the state, and of the county and municipality where the building or structure is to be erected.
SECTION 2. A-E 4.05 (1) (b), (2) (a), (3) (a) and (4) (b) are amended to read:
A-E 4.05 (1) (b) Not less than 4 years of experience within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.
(2) (a) A specific record of 8 or more years of experience
within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to be placed in responsible charge of the work, or a combination of engineering experience and equivalent education totaling 8 years.
(3) (a) A specific record of not less than 12 years experience within the 15 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering, or a combination of experience and equivalent education totaling 12 years.
(4) (b) Not less than 8 years of experience in engineering work within the 10 years preceding application of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.
SECTION 3. A-E 6.04 (intro.) is renumbered A-E 6.04 (1) (intro.) and, as renumbered, amended to read:
A-E 6.04 Educational requirements for land surveyors. (1) To meet the educational requirements of s. 443.06 (2) (a)
and (bm), Stats., requiring “a course in land surveying of not less than 2 years duration approved by the section" an applicant for registration as a land surveyor shall have satisfactorily completed at least 60 semester credits in a civil engineering or land surveying curriculum including no less than 12 semester credits in land surveying granted by a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located. Credits in land surveying
which shall be in the following categories of study:
SECTION 4. A-E 6.04 (1) and (2) are renumbered A-E 6.04 (1) (a) and (1) (b).
SECTION 5. A-E 6.04 (2) is created to read:
