Standards Incorporated by Reference
Substantial sections of the 2013 FDA Model Food Code were incorporated where they did not conflict with our compliance and enforcement programs.
DATCP Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Peter Haase, Director
Bureau of Food Safety and Inspection
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled throughout the state after this rule is approved by the Board of Agriculture, Trade and Consumer Protection.
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[See pdf for proper formatting]
Section 1. ATCP 75 is repealed and recreated to read:
RETAIL FOOD ESTABLISHMENTS
Subchapter I – Definitions and General Requirements
ATCP 75.01 Authority and purpose.
ATCP 75.02 Applicability.
ATCP 75.03 Adoption of Wisconsin food code.
ATCP 75.04 Definitions.
Subchapter II – Licensing and Fees
ATCP 75.06 Retail food establishments; licensing.
ATCP 75.08 Retail food establishment fees.
Subchapter III – Enforcement and Appeals
ATCP 75.10 Enforcement.
ATCP 75.12 Suspension or revocation of license.
ATCP 75.14 Appeals of actions by the department.
ATCP 75.16 Appeals of actions by agent health departments.
Subchapter IV – Standards for Retail Food Establishments
ATCP 75.18 Inspections by authorized representative
ATCP 75.20 Inspections
Subchapter V – Vending of Food
ATCP 75.30 Applicability.
ATCP 75.32 Approval of vending machines and related equipment.
ATCP 75.34 Vending machine records.
ATCP 75.36 Maintenance and service connections.
ATCP 75.38 Sanitization.
ATCP 75.40 Waste disposal.
ATCP 75.42 Delivery of foods.
Subchapter VI – Micro Markets
ATCP 75.44 Applicability.
ATCP 75.46 Location.
ATCP 75.48 License holder responsibilities.
ATCP 75.50 Nature and source of food and beverages offered for sale.
ATCP 75.52 Equipment.
ATCP 75.54 Security.
ATCP 75.56 Routine maintenance at a micro market.
Subchapter I — Definitions and General Provisions
ATCP 75.01 Authority and purpose.
(1)
The department of agriculture, trade and consumer protection licenses and regulates retail food establishments as defined in this chapter under s. 97.30, Stats. Under s. 97.41 (1m), Stat., the department may also authorize local health departments as local agents of the department to license and regulate retail food establishments. (2)
The department has adopted this chapter under authority provided in ss. 93.07 (1), 97.12, 97.30 (5), 97.33, 97.613, 97.62, 97.625, 97.65 and 227.14 (s), Stats., which authorizes the department to prescribe rules for retail food establishments and to enforce those rules for the purpose of protecting public health and safety. This chapter, including ch. ATCP 75 Appendix, establishes definitions; sets standards for management and personnel and for safe food operations, equipment, and facilities; provides for retail food establishment plan review, license issuance, inspection, and enforcement actions; and requires food protection practices certification for retail food establishment operators. (3)
During an inspection to evaluate compliance with this chapter and the appendix, the department or its agent shall assess existing facilities or equipment that were in use before the effective date of this chapter and the appendix based on the following considerations: (a) Compliance with food-contact surface requirements in Subpart 4-101, in ch. ATCP 75 Appendix; (b) Compliance with requirements for cooling, heating, and holding temperature capability in equipment under § 4-301.11; ch. ATCP 75 Appendix. ATCP 75.02 Applicability.
(1)
The provisions of this chapter, including ch. ATCP 75 Appendix, apply to any retail food establishment as defined in this chapter.(2)
A business or an organization operating as a retail food establishment that is exempt from licensing as a retail food establishment shall still meet the requirements as specified under (1).ATCP 75.03 Adoption of Wisconsin food code. As permitted by s. 227.14 (1s), Stats., an amended version of the 2013 U.S. food and drug administration (FDA) recommended model food code, adopted as ch. ATCP 75 Appendix, is adopted and retitled the Wisconsin food code and is in the format of the FDA−recommended food code to ensure uniformity. ATCP 75.04 Definitions.
(1)
“Active managerial control” means the purposeful incorporation of systems in a retail food establishment that proactively reduce the risk of foodborne illness hazards through monitoring and verification.(2)
“Additional area” means a non-contiguous, separately located area that is on the same premises, but that is not a part of the primary food processing or warewashing operation, but contributes to the overall food operation. “Additional area” includes but is not limited to a banquet staging area, bakery preparation area, produce preparation area, or outdoor cooking area.(3)
“Adulterated” has the meaning specified in 21 USC 342.(4)
“Agent” means the city, county, village, or consortium designated by the department in accordance with s. 97.41 Stats., to issue licenses and make investigations and inspections of retail food establishments under this chapter.(5)
“Amenable” means animal species or products made from animal species subject to mandatory inspection under state or federal meat and poultry inspection regulations.(6)
“Catering” means contracting for the preparation and service of a defined amount of food at a specific location other than the licensed retail food establishment to a defined set of guests at a wedding or similar event, or to participants in an organized group or activity. Catering does not include sale of individual meals directly to the consumer.(7)
“Cold holding” means maintaining a time/temperature controlled for safety food (TCS) under refrigeration at a temperature of 41F or below. (8)
“Community or social event” means an event sponsored, organized, and operated by representatives of a civic, religious, fraternal, youth, service, patriotic, or business organization.(9)
“Concession stand” means a food stand that serves meals in connection with a youth sporting event, and is operated exclusively for the benefit of a participating youth sports team or program, or the governing youth sports organization.(10)
“Condiment” means a non-meal food item (e.g., sauce, dressing, relish or spice) added to food to enhance flavor or enjoyment.(11)
“Contract cook” is a person who is under contract to only prepare food onsite for a private occasion to the contractor or the contractor’s guests. (12)
“Cooling” means the process of reducing the temperature of a TCS food by refrigeration or alternate methods to a temperature of 41F or below within a defined time period. Cooling does not include removing a TCS food from refrigeration during processing at ambient air temperature and then immediately returning the food to refrigeration.(13)
“Department’ means the Wisconsin department of agriculture, trade, and consumer protection.(14)
“Division” means the division of food and recreational safety.(15)
“Extensive remodeling” means the reconstruction or repair of an existing retail food establishment that alters the design or operation of the food service area, beyond redecorating, cosmetic refurbishing, or altering seating design or capacity.(16)
“Food” has the meaning given in s. 97.01 (6), Stats. (17)
“General public” means any person choosing to patronize a retail food establishment including, but not limited to employees, members, guests, customers, or occupants of private clubs, industrial plants, offices, or businesses. “General public” does not include any of the following:
