33. In section 3-502.12, language was modified to 2009 FDA Model Food Code language regarding reduced oxygen packaging.
34. In section 3-602.11(B)(5), language added that the name of the major food allergen be on the label to meet 2009 FDA Model Food Code language.
35. In section 3-602.11(D), Language was modified to 2009 FDA Model Food Code language regarding bulk unpackaged foods.
36. In section 3-603.11, language was modified to 2009 FDA Model Food Code language regarding consumer advisories.
37. In section 3-801.11, language regarding highly susceptible populations was modified regarding re-service of food and reformatted to 2009 FDA Model Food Code language.
Chapter
4 – Equipment, Utensils, and Linens
1. In section 4-101.13, (B) and (C) were added replacing sections on pewter alloys and solder and flux containing lead.
2. In section 4-101.14(B), wording was changed to italics.
3. In section 4-101.17, “lead and pewter alloys, use limitation" was removed and replaced with “wood, use limitation".
4. In section 4-101.18, language regarding “lead in solder and flux" was removed and replaced with “nonstick coating, use limitation".
5. In section 4-101.19, “wood, use limitation" was removed and replaced with “nonfood-contact surfaces".
6. Section 4-101.110 was removed
7. Section 4-101.111 was removed.
8. In section 4-203.13, language was modified to 2009 FDA Model Food Code language regarding pressure gauge readings.
9. In section 4-204.13(E), language was modified to 2009 FDA Model Food Code language for dispensing equipment used to hold potentially hazardous food in a homogenous fluid.
10. In section 4-204.115(B) the word “hot water" was added for clarity.
11. In section 4-204.118(B) the word “hot water" was added for clarity.
12. In section 4-204.122, the word “equipment" was removed and replaced with “apparatuses".
13. In section 4-205.11, language was reformatted into subparagraphs (A) and (B).
14. In section 4-301.11, the entire section was deleted and replaced with a single statement regarding equipment used for heating and cooling shall be sufficient in number and capacity to provide safe temperatures.
15. In section 4-301.12, language regarding manual warewashing sink requirements was modified to 2009 FDA Model Food Code language.
16. In section 4-301.13, the word “self-draining tables" was replaced with “drainboards" and the word “drainboards" was replaced with “tables".
17. In section 4-301.16, wording was modified requiring the use and installation of a food preparation sink.
18. In section 4-402.11(B), the word “table-mounted" was replaced with “counter-mounted". This same change is made throughout this section.
19. In section 4-501.113, the wording for pressure reading on gauges has been modified to current 2009 FDA Model Food Code language. 100 kilopascals was changed to 35 as a minimum pressure and 170 kilopascals was changed to 200 as a maximum pressure.
20. In section 4-501.114, wording for EPA registered label use instructions has been added and the section is modified to 2009 FDA Model Food Code language.
21. In section 4-703.11(C), wording was added referring that chemical contact times shall be consistent with those on EPA registered label use instructions.
22. In section 4-802.11(B), the words “or poultry" have been added to the use of cloth gloves.
23. In section 4-901.11(A), language was modified to 2009 FDA Model Food Code language by adding CFR 180.940 reference.
24. In section 4-904.13, was reformatted to 2009 FDA Model Food Code language.
25. In section 4-904.14, language was added with respect to rinsing after sanitation of equipment and utensils and section was modified to 2009 FDA Model Food Code language.
Chapter
5 – Water, Plumbing, and Waste
1. In section 5-101.12, language was provided from the department of safety and professional services regarding a drinking water system and the section was reworded from those recommendations.
2. In section 5-102.12(B), the word “and irrigation" was removed.
3. In section 5-102.14, language was modified to 2009 FDA Model Food Code language for water sample reports.
4. In section 5-202.11(B) language was modified that plumbing fixtures shall be easily cleanable. Language was modified to 2009 FDA Model Food Code language.
5. In section 5-203.12, Wisconsin language was replaced with 2009 FDA Model Food Code language regarding toilet and urinal requirements.
6. In section 5-203.13(B), language was added that toilets and urinal shall not be used as a service sink. And (C) was added that alternative methods may be approved by the department.
7. In section 5-203.15, the word “double" is replaced by the word “dual".
8. In section 5-402.11, backflow prevention language was modified to 2009 FDA Model Food Code language.
9. In section 5-402.13, language was modified to reflect SPS 382-384 administered by the department of safety and professional services and NR 113 as administered by the department of natural resources.
Chapter
6 – Physical Facilities
1. In section 6-102.11(A), the language “and refuse storage" was removed.
2. In section 6-102.11(C), the reference to 5-501.11 is added.
3. Section 6-202.110 was added regarding outdoor refuse areas, curbed and graded to drain.
4. In section 6-301.12(C) and (D) we added providing alternative hand drying devises.
5. In section 6-303.11(A), the wording “in walk-in refrigeration units" was added to section on light intensity.
6. In section 6-303.11(B)(3), the wording “in walk-in refrigeration units" was deleted.
7. In section 6-501.18, language was reformatted to 2009 FDA Model Food Code language.
8. In section 6-501.111, language was added that the premise shall be maintained free of insects, rodents, and other pests.
Chapter
7 – Poisonous or Toxic Materials
1. In section 7-202.12(B)(1), language was added that pesticides must be applied so as not to create a hazard to employees.
2. In section 7-204.11(B), new language was added removing 21 CFR reference and replacing with 40 CFR reference.
3. In section 7-204.12, wording for “treatment, storage and processing" was added to the title. New language was added to (B) for ozone as an antimicrobial agent.
4. In section 7-206.11, the specific CFR reference was inserted.
Chapter
8 – Public Toilet Rooms
1. Section 8-101.10 was added providing information that this section refers to toilet rooms provided for the general public.
2. In section 8-201.12, the language and title for “enclosures" was removed and replaced with wording and title for “location".
3. Sections 8-201.14 to 8-201.17 are renumber to 8-201.13 to 8-201.16.
4. In section 8-301.11(D), wording for reference 5-201.12(C) was added.
Chapter
9 – Mobile Food Establishments
1. Section 9-102, “restricted operation" was reworded to “warewashing operation"
2. In section 9-102.11, language was modified to reflect what conditions need to be met if warewashing is not provided on a mobile food establishment.
3. In section 9-104.11(C), the word “department" is replaced with “regulatory authority".
4. In section 9-104.11(C), the wording “at a temporary event" was added for clarification.
5. Section 9-4 was deleted and the space “reserved" for future use.
6. Section 9-501.11, the title and wording for “restrictions" was replaced with the title and new wording for “bottled or liquefied gas".
7. Section 9-502.11 was renamed from “bottled and liquefied gas" to “toilet facilities" and section 9-503.11 referring to toilet facilities was deleted.
Chapter
12 – Certified Food Manager
1. In section 12-101.11, the language was reformatted for clarification.
2. In section 12-1001-12(A), wording was clarified that certified food manger means an individual.
3. In section 12-301.11(M), wording is provided for clarification that the exam for food manager certification conforms to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.
4. In section 12-301.11(O), the wording “testing service" is added to provide clarification.
Summary of, and comparison with, existing or proposed federal regulations
Federal law generally prohibits the sale of adulterated or misbranded food. There are no federal regulations that specifically address retail food operations. However, the FDA publishes a Model Food Code that is based on the best available science and information related to retail food safety.
The FDA, the United States Department of Health and Human Services, and the United States Department of Agriculture encourage state and local governments to adopt retail food safety regulations that are consistent with the FDA Model Food Code. The existing Wisconsin Food Code reflects the 2005 FDA Model Food Code. This proposed order updates the Wisconsin Food Code to incorporate changes in the 2009 FDA Model Food Code.
Comparison with rules in adjacent states
All the states adjacent to Wisconsin have adopted restaurant regulations based on some version of the FDA Model Food Code:
Illinois: Illinois' current regulations are based on the 2005 FDA Model Food Code.
Iowa: Iowa's current regulations are based on the 2005 FDA Model Food Code.
Michigan: Michigan's current regulations are based on the 2005 FDA Model Food Code.
Minnesota: Minnesota's current regulations are based on the 1997 FDA Model Food Code. Like Wisconsin, Minnesota is proposing this year to update its regulations based on the 2009 FDA Model Food Code.
Summary of factual data and analytical methodologies
The existing Wisconsin Food Code is based on the 2005 FDA Model Food Code. This proposed order updates the Wisconsin Food Code based to the 2009 FDA Model Food Code. DHS and DATCP developed this rule in consultation with an advisory committee that included local health agencies (urban and rural), the Wisconsin Restaurant Association, the Tavern League of Wisconsin, the Wisconsin Grocers Association, Wisconsin Technical Colleges, Wisconsin department of public instruction, and the University of Wisconsin Extension-Food Service.
Analysis and supporting documents used to determine effect on small business
The FDA developed and published the Model Food Code based on the best available science and information related to food safety. The FDA Model Food Code encourages consistent state and local regulation of food establishments. Numerous states have adopted state food regulations based on the FDA Model Food Code. The FDA Model Food Code and the subsequent changes to the Wisconsin Food Code represent minimum requirements for safe food handling. DHS drafted the proposed changes in consultation with DATCP and an advisory committee included local health agencies (urban and rural), the Wisconsin Restaurant Association, the Tavern League of Wisconsin, the Wisconsin Grocers Association, Wisconsin Technical Colleges, Wisconsin Department of Public Instruction, and the University of Wisconsin Extension-Food Service.
Small Business Considerations
(a) The establishment of less stringent compliance or reporting requirements for small businesses
The proposed rule contains the minimum requirements for safe food handling. DHS is unable to lessen or exempt small business from the requirements of this proposed rule offer the option for a variance or comparable compliance.
