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:
•
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.
•
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:
•
Potentially hazardous foods must be refrigerated at or below 41° F. or kept frozen.
•
Hot-held potentially hazardous foods must be kept at or above 140° F. during handling and storage.
•
Raw animal foods, cooked plant foods, wild game species and exotic game species must be cooked at or above specified minimum temperatures.
•
Potentially hazardous foods that have been cooked must be rapidly cooled to 41°F. or less, according to one or more specified cooling methods.
•
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.
•
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.
•
Potentially hazardous food, if previously cooked and cooled, must be reheated to a temperature of at least 165°F for at least 15 seconds.
•
Potentially hazardous foods cooked or reheated in a microwave oven must be cooked or reheated according to specified standards.
•
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.
•
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:
•
It prohibits the use of living quarters for food establishment operations.
•
It clarifies handwashing facility requirements for toilet rooms and processing rooms.
•
It describes acceptable procedures for garbage recycling and refuse handling.
•
It reconciles equipment standards between DATCP and DHFS.
•
It regulates the operation and maintenance of live fish and crustacean display tanks.
Management and Personnel Standards
This food code includes management and personnel standards. Management must understand principles for preventing foodborne disease or illness, must understand the use of a Hazard Analysis Critical Control Point (HACCP) program. The code also addresses employee health, personal cleanliness and hygienic practices
Food Sources
Under the food code:
•
Food must be obtained from approved sources.
•
Eggs offered for sale as “ungraded" must be grade “B" or better.
•
Shellfish must comply with the National Shellfish Sanitation Program.
The food code prohibits a retail food establishment operator from doing any of the following:
•
Vacuum packaging foods unless authorized in writing by DATCP or its agent.
•
Vacuum packaging fish.
•
Selling fish, shellfish or crustaceans unless they are commercially and legally harvested.
Date Marking and Food Labels
The food code requires date marking of ready-to-eat potentially hazardous food held in a food establishment for longer than 24 hours. The food must be clearly marked to ensure that it will be consumed or discarded within 7 calendar days. If the food is received frozen or is subsequently frozen by the establishment, it must be discarded within 24 hours after thawing. Aged hard cheeses and whole, unsliced portions of cured and processed sausage are exempt from date marking.
This food code prohibits a retail food establishment operator from receiving molluscan shellfish that are not properly labeled as required by federal law.
Time as a Public Health Control
The food code allows a retail food establishment to hold potentially hazardous food for up to 4 hours without temperature control if the food is being prepared for cooking or if it is being held for immediate sale and consumption as ready-to-eat food.
Receiving, Handling, Storing and Displaying Food
The food code updates and clarifies basic requirements related to food receipt, handling, storage and display. A retail food establishment operator must:
•
Handle, package and display food using the risk-based Hazard Analysis Critical Control Point (HACCP) system, if the food is specially processed (such as smoking, curing, brewing, or reduced-oxygen packaging). DATCP or its agent must approve HACCP plans.
•
Protect food from contamination during receipt.
•
Receive only clean, live shellfish, and store shellfish in their original shipping container.
•
Provide an accurate thermometer for frequent food temperature monitoring.
•
Identify containers holding food that has been removed from its original package.
•
Protect food condiments from contamination while they are being dispensed.
•
Refrain from storing packaged foods in direct contact with ice or water if water may enter the food.
•
Designate a trained employee to monitor consumer self-service operations.
•
Provide disposable, single service tissues or serving utensils at customer self-service display containers. Serving utensils must be removable for cleaning.
•
Refrain from using sulfiting agents, except under certain defined circumstances.
•
Present food for sale in a way that does not mislead or misinform the consumer.
•
Thoroughly wash raw fruits and vegetables before cutting and offering them for consumption in ready-to-eat form.
•
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:
•
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.
•
Wash equipment and utensils thoroughly in clean water at 110°F. if the equipment and utensils are washed manually.
•
Clean equipment and utensils when there is a change in processing from raw foods to ready-to-eat foods.
•
Clean equipment and utensils between uses when processing raw fruits and vegetables and potentially hazardous foods.
•
Clean equipment and utensils whenever contamination may have occurred.
•
Rinse equipment and utensils to remove abrasives and cleaning compounds.
•
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.
•
Use warewashing sinks that are self-draining and equipped with self-draining drain boards.
•
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.
•
Use approved sanitizers in a safe manner.
•
Provide accurate thermometers to measure washing and sanitizing solution temperatures.
•
Store clean and sanitized equipment and utensils at least 6 inches above the floor in a self-draining position.
•
Prohibit bare hand contact with ready-to-eat food, unless otherwise approved by the regulatory authority.
•
Separate raw animal foods from ready-to-eat foods.
•
Separate different species of raw animal foods.
•
Clean and sanitize equipment and utensils between uses.
•
Separate unwashed raw fruits and vegetables from ready-to-eat foods.
Other Requirements
The food code establishes requirements for:
•
Mobile and temporary food establishments.
•
Public toilet rooms.
