The hearing is scheduled for video-conference participation from each of the five locations shown below.
May 2, 2000
Tuesday
9:30 a.m. until 12:30 p.m.
Madison
Wis. Department of Agriculture,
Trade and Consumer Protection
Prairie Oak State Office Building
Room 472
2811 Agriculture Drive
Madison WI 53718
Handicapped accessible through front door.
(Note: A live hearing is also scheduled in Madison on May 5, 2000.)
LaCrosse
LaCrosse State Office Building
Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible through front door.
Wisconsin Rapids State Office Bldg
2610 Industrial Street
Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible through front door.
Department of Transportation –
Superior
1701 N. 4th Street
Conference Room
Superior WI 54880
Handicapped accessible through front door.
Rhinelander
DNR Northcentral Regional
Headquarters
107 Sutliff Avenue, Room #1
Rhinelander WI 54501
Handicapped accessible through front door.
May 5, 2000 Madison
Friday Wis. Department of Agriculture,
9:30 a.m. until 12:30 p.m. Trade and Consumer Protection
(Prairie Oak State Office Building)
Conference Room 106
(Board Room)
2811 Agriculture Drive
Madison WI 53718
Handicapped accessible through front door.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07(1), 97.30(5) and 227.14(1s), Stats., as created by s. 2355mm., 1999 Wis.Act 9
Statute Interpreted: s. 97.30
This rule repeals and recreates current rules related to retail food establishments, such as grocery stores. The department of Agriculture, Trade and Consumer Protection (“DATCP") licenses and inspects retail food establishments under s. 97.30, Stats.
Uniform Rules Based on Model Food Code
Many retail food establishments also include restaurants, and vice-versa. The department of health and family services (“DHFS") licenses and inspects restaurants under s. 254.64., Stats. DATCP and DHFS now coordinate their activities so that a combined grocery store and restaurant is licensed and inspected by DATCP or DHFS, but not both. In metropolitan areas, agent counties or municipalities often license and inspect grocery stores and restaurants as agents of DATCP and DHFS.
Although DATCP and DHFS have coordinated their activities to avoid duplicate licensing and inspection, they still enforce somewhat different rules. This makes it difficult to administer a coordinated program, and makes it difficult for food businesses to comply. The current rules of both agencies are also outdated in certain respects.
DATCP and DHFS are therefore proposing uniform rules for retail food establishments. DATCP is proposing this rule for retail food establishments, while DHFS is proposing a nearly identical rule for restaurants. The proposed rule is based on the 1999 model food code published by the United States food and drug administration (FDA). The model food code is applicable to retail food establishments as well as restaurants. The FDA has recommended that state and local governments adopt the model food code. The model food code is based on the best science currently available to FDA.
Rule Contents
The format of the model food code differs from that of state administrative rules. Under s. 227.14(1s), Stats., created by 1999 Wis. Act 9, DATCP and DHFS are authorized to adopt administrative rules in the format of the model food code. This rule, like the DHFS rule, has two parts:
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The first part contains DATCP licensing and administrative procedures related retail food establishments. This part is drafted in the normal state format. This rule does not change current licensing or administrative procedures for retail food establishments. Nor does it change current license fees.
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The second part, attached as an appendix, is the model food code. The model food code is written in the federal format, as authorized by the Wisconsin legislature. The food industry is familiar with the model food code format. DATCP and DHFS have jointly reviewed the model food code, and have made minor modifications to adapt it for use in Wisconsin.
Retail Food Establishments; Rule Coverage
This rule applies to retail food establishments licensed under s. 97.30, Stats., including grocery stores and retail food processing operations. It does not apply to activities conducted under a dairy plant license (s. 97.20, Stats.), a meat or poultry establishment license (s. 97.42, Stats.) or a food processing plant license (s. 97.29, Stats.).
Licensing and Fees
DATCP currently licenses retail food establishments under s. 97.30, Wis. Stats. A retail food establishment operator must pay fees specified by statute and rule. This rule incorporates statutory licensing requirements and fees without change. This rule continues current provisions that eliminate overlapping license requirements between DATCP and DHFS.
Definitions
The food code defines key terms. When a defined term is used in the code, it appears in small caps.
Variances
Under the state version of the model food code, DATCP may grant variances from specific code requirements. A variance request must be reasonable and the requester must document that the variance will not compromise food safety.
Potentially Hazardous Foods
The food code revises the current definition of “potentially hazardous foods," and requires that they be kept at safe temperatures. Under the code:
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Potentially hazardous foods must be refrigerated at or below 41° F. or kept frozen.
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Hot-held potentially hazardous foods must be kept at or above 140° F. during handling and storage.
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Raw animal foods, cooked plant foods, wild game species and exotic game species must be cooked at or above specified minimum temperatures.
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Potentially hazardous foods that have been cooked must be rapidly cooled to 41°F. or less, according to one or more specified cooling methods.
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Cooked potentially hazardous food must be heated to a temperature of at least 145°F for at least 15 seconds, except as otherwise provided in the code. The code provides specific cooking times and temperatures for various foods including poultry, pork, ground meats and rare roast beef.
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Potentially hazardous foods must be thawed in a refrigerated space at a temperature of 41°F. or less, or under running water at a temperature of 70°F. or less for no more than 4 hours, or in a microwave oven or other cooking equipment as part of the cooking process.
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Potentially hazardous food, if previously cooked and cooled, must be reheated to a temperature of at least 165°F for at least 15 seconds.
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Potentially hazardous foods cooked or reheated in a microwave oven must be cooked or reheated according to specified standards.
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Refrigerated potentially hazardous foods must be received at safe temperatures of 41°F or less, except that milk or milk products, molluscan shellfish, eggs and smoked fish must be received according to other applicable laws.
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Cooked, hot potentially hazardous foods must be received at safe temperatures of 140°F or more.
Construction, Equipment and Maintenance
The food code, like current rules, establishes construction and equipment standards for retail food establishments. The code makes the following changes to current rules:
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It prohibits the use of living quarters for food establishment operations.
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It clarifies handwashing facility requirements for toilet rooms and processing rooms.
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It describes acceptable procedures for garbage recycling and refuse handling.
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It reconciles equipment standards between DATCP and DHFS.
