Illinois does not perform any retail food inspection on a state level. Local programs perform all the retail and restaurant inspection. They do not issue licenses locally, but are funded by a state grant, the Local Health Program Grant. The state requires a Licensed Health Professional certification, which is Illinois’ version of Wisconsin’s RS or the national REHS. This certification requires five CEUs per year. The state evaluates the local programs at the same frequency Wisconsin does, and continuation of local programs depends on passing an evaluation.
Summary of Factual Data and Analytical Methodologies
This rule was developed using Wis. Admin. Code Ch. DHS 192 and Wis. Admin. Code Ch. ATCP 75 and the Department’s new contract with agent programs. Inquiries were also made to surrounding states in an effort to ascertain their requirements and practices for similar programs. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
This rule relates to the administration of the local health department agent program and has no direct impact on small businesses. However, the rule was posted for comment on the potential economic impact, and the Department received comments from organizations that represent businesses, some of which may be small businesses, who are inspected by local health department agents.
Effect on Small Business
The rule is primarily directed at local governmental units that enter into a contractual relationship with the State to do retail food, lodging, and recreational safety inspections. Since the rule clarifies contractual language, merges the language and expectations of two programs, and clarifies expectations for credentialing of staff, it should have a positive impact by allowing local governmental units to do better planning.
This rule change is anticipated to have no impact on small business. All economic impact comments were taken into account, but fiscal issues raised by business (such as capping license fees charged by agent programs) were beyond the scope of this rule.
DATCP Contact
Questions related to this rule may be directed to:
Peter Haase, Director
Bureau of Food and Recreational Businesses
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
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Section 1. ATCP 74 is repealed and recreated to read:
LOCAL AGENTS AND REGULATION
ATCP 74.01 Definitions.
ATCP 74.02 Scope.
ATCP 74.04 Agent status.
ATCP 74.06 Terms of the contract.
ATCP 74.08 Staffing.
ATCP 74.10 Inspections.
ATCP 74.12 Complaint investigations.
ATCP 74.14 Evaluation and training.
ATCP 74.16 Enforcement and sampling.
ATCP 74.18 Reimbursements and other payments for services.
ATCP 74.20 Reports and records.
ATCP 74.22 Licensing and standards.
ATCP 74.24 License denial, suspension or revocation.
ATCP 74.26 Contract termination, revocation, refusal to renew, or suspension.
Note: Chapter ATCP 74 was created from applicable portions of ch. ATCP 75 and ch. DHS 192 to facilitate the oversight of agent programs, formerly under the Department of Health Services, by the Department of Agriculture, Trade and Consumer Protection. ATCP 74.01 Definitions. As used in this chapter:
(1) “Agent” means a local health department as defined in s. 250.01 (4), Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging and recreational safety regulatory program, pursuant to s. 97.41 and 97.615 (2), Stats., in the health department’s area of jurisdiction. (2) “Agent program” means the retail food establishment, lodging, and recreational safety regulatory program operated by an agent.
(3) “Contract” means a signed, written agreement between a local health department and the department setting forth the obligations of each party in the operation of an agent program.
(4) “Department” means the Wisconsin department of agriculture, trade, and consumer protection.
(5) “Establishment” means a retail food establishment, hotel or motel, tourist rooming house, bed and breakfast establishment, vending machine, vending machine commissary, camping resort or other campground, recreational camp, educational camp, public pool, or water attraction licensed pursuant to ch. 97, Stats. (6) “Fiscal year” means July 1 of one year through June 30 of the next year.
(7) “Food” has the meaning given in s. 97.01 (6), Stats. (8) “Inspection fee” means a fee charged by the agent program, the amount of which is reasonably related to the cost of performing an assessment of an establishment’s compliance with the statutes and rules, under which a license is granted.
(9) “Inspector” means any employee inspecting establishments for the department or the agent under the jurisdiction of an agent program.
(10) “License” means the legal authority granted by the department or its agent to operate an establishment.
(11) “Licensee” means the person or entity licensed to operate an establishment as defined in sub. (5).
(12) “New agent” means an agent that has entered into its first contract with the department or an agent that has applied to re-enter into a contract with the department after termination of a previous contract.
(13) “Registered environmental health specialist/registered sanitarian” or “REHS/RS” means a person who holds a REHS/RS credential awarded by the National Environmental Health Association.
(14) “Registered sanitarian” or “RS” means an individual who is a Wisconsin-registered sanitarian, pursuant to s. 440.98, Stats., and chs. DHS 174 – 177, or is recognized as a registered environmental health specialist/registered sanitarian. (15) “Restaurant” means a retail food establishment as defined in s. 97.01 (14g), Stats. (16) “Retail food establishment” has the meaning defined in s. 97.30 (1) (c), Stats. (17) “Sanitarian” means a person who is qualified to conduct inspections as an agent of the department and meets the requirements under s. ATCP 74.08 (2). (18) “Standard” means a department or agent employee who is certified as correctly interpreting and enforcing chs. ATCP 72, 73, 75, 75 Appendix, 76, 78, and 79. (19) “Standardization exercise” means an evaluation conducted by a standard to determine if a sanitarian is correctly interpreting and enforcing chs. ATCP 72, 73, 75, 75 Appendix, 76, 78, and 79. ATCP 74.02 Scope. (1) This chapter applies to agent program inspection and regulatory oversight of licensees and establishments, as defined in this chapter.
(2) An agent program shall ensure that licensees operating retail food establishments under its jurisdiction comply with ch. ATCP 75 Appendix. NOTE: Pursuant to s. 227.14 (1s), Stats., the department has published ch. ATCP 75 Appendix in the format of the model food code published by the United States food and drug administration. (3) An agent program shall enforce applicable provisions in ch. ATCP 70, at retail food establishments conducting food processing operations but exempt from the requirement to hold a food processing plant license, pursuant to s. ATCP 70.03 (7) (a), Wis. Adm. Code. ATCP 74.04 Agent status. (1) Agent proposed program plan. To become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe all of the following:
(a) Employee positions that will issue licenses or conduct investigations and inspections.
(b) Staffing and budget plans for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules and local ordinances.
(c) A list of the licenses that may be issued by the agent. A local ordinance may combine and expand license categories, so long as those categories include all of the types of establishments that shall be licensed under the agent contract.
(d) A list of the fees to be charged by the agent to licensees. A local ordinance may establish local license fees that differ from fees charged under chs. ATCP 72, 73, 75, 75 Appendix, 76, 78, and 79 for licenses issued by the department. All license fees shall be based on the agent’s reasonable program costs, pursuant to s. 97.41 (4), Stats. (e) A description of the inspection and enforcement program to be implemented by the agent including a copy of applicable village, city, or county ordinances or regulations.
(f) Procedures to ensure cooperation between the agent and appropriate federal, state, local, and tribal agencies in the event of a natural disaster or other emergency.
(g) Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.
(h) Procedures for notifying the department when the agent receives information or a complaint concerning an establishment that may need to be licensed or inspected within the agent’s geographical area but under the department’s jurisdiction.
(i) Procedures for investigating reports of suspected foodborne illness, including cooperation with the department.
(j) Procedures to ensure the time period, within which the agent will make a determination on an application for a license, does not exceed 30 days following receipt of a complete application.
(k) Any other information that the department may reasonably require for its review of the agent’s program plan.
(2) Local health department outreach to affected license holders. The local health department shall provide opportunities for affected licensees to review the proposed program plan and provide comments and feedback to the local health agency and the department.
(3) Department action on proposed plan. The department shall review the proposed program plan and accept or deny the application, pursuant to sub. (1), within 60 days after the department receives it.
