(d)
Does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a food processing plant license. (9) A personal chef who does all of the following:
(a)
Is paid for his or her service, culinary skills, technique, or expertise. (b)
Either uses food provided by the contractor employing the chef’s services or the chef shops for food from a list provided by the contractor. (c)
Uses only the home kitchen of the contractor to prepare food for the contractor, contractor’s family, or contractor’s non-paying guests. (d)
Does not prepare or store food in quantities sufficient for use at multiple sites or for meals served to the general public. If a personal chef prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the personal chef shall obtain a food processing plant license. (e)
Does not transport any portion of a meal prepared by the personal chef from one location to another location. If a personal chef transports any portion of a meal prepared by the personal chef from one location to another location, the personal chef shall obtain a food processing plant license. (10) The location where a caterer is serving food that was prepared at the caterer’s licensed retail food establishment.
(11) At a business location to which a licensed retail food establishment transports prepared food and conducts sales of individual meals directly to a work place’s employees or the guests of the employees for no more than 2 days in any 7 day period at the same location, if all of the following requirements are met:
(a) The license holder shall conduct all food preparation activities at the licensed retail food establishment, except for final assembly at the service location.
(b) The license holder shall transport all food to the service location.
(c) The license holder shall conduct all food service and sales.
(d) The license holder shall provide food service utensils in sufficient quantity to adequately facilitate the meal service.
(e) The license holder shall clean and sanitize onsite food equipment before and after use.
(f)
The license holder shall return all food, utensils, and service ware to the licensed retail food establishment for disposal or cleaning and sanitizing (g)
The license holder and business shall have a written agreement requiring adequate access and use of conveniently located restrooms by the license holder staff at the service location. The license holder shall furnish the written agreement to the division or its agent upon request. (h)
In the absence of adequate hand washing facilities, the license holder shall provide portable handwash facilities (i.e. foot pump, electrical, or battery operated) at the service location during food service. (i)
The license holder shall employ a certified food protection manager, as defined in s. ATCP 75.04 (7), who shall be present at the service location during food service. (j)
The license holder shall transport and hold food at temperatures, according to either the requirements in ch. ATCP 75 Appendix or an approved time-as-a-public-health-control-plan.ATCP 75.065 Retail food establishments; license exemption for food processing. (1) A license holder may wholesale up to 25% of the gross annual sales of food that is manufactured and used in the retail food establishment without obtaining an additional food processing plant license under ch. ATCP 70. This exemption does not allow the manufacturing for wholesale or distribution of any of the following: (a)
Food that must be processed, in compliance with 21 CFR 108, 113, 114, in hermetically sealed containers. (b)
Dairy products or amenable meat and poultry products, except as allowed in ch. ATCP 55 (c)
Food processed at a mobile or transient retail food establishment. (2) The following items may be processed in a retail food establishment under the 25% wholesale exemption in sub. (1):
(a) Juice processed in compliance with 21 CFR 120. (b) Fish and fishery products processed in compliance with 21 CFR 123. (3) The license holder is responsible for notifying, as deemed appropriate by the license holder, wholesale customers of any adulterated or misbranded products as necessary to protect public health. No written recall plan is required. Examples of customer notification could include website language, email, mail system, face-to-face, or other effective methods.
ATCP 75.067 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license:
(1)
Comply with the provisions of this chapter and its Appendix, including the conditions of a variance granted as specified in ch. ATCP 75 Appendix part 1-106.14. (2)
If a license holder is required to operate with a HACCP plan, under ch. ATCP 75 Appendix part 1-106.11, it shall comply with the plan as specified in ch. ATCP 75 Appendix part 1-106.14. (3)
Immediately contact the department or its agent to report an illness of a food employee or conditional employee as specified in ch. ATCP 75 Appendix part 2-201.11(B). (4)
Immediately discontinue operations and notify the department or its agent if an imminent health hazard may exist. (5)
Replace existing facilities and equipment that no longer comply with the criteria set forth in ch. ATCP 75 Appendix. (6)
Comply with directives of the department or its agent including deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s retail food establishment or in response to community emergencies. (7)
Accept notices issued and served by the department or its agent according to law. (8)
Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with ch. ATCP 75 Appendix, and any other directive of the department or its agent, including deadlines for corrective actions specified in inspection reports, notices, orders, warnings, and other directives. ATCP 75.07 Mobile retail food establishment base; licensing. (1) Except for a mobile retail food establishment that operates only as a transient retail food establishment, each mobile retail food establishment shall have a base with its own license. The license holder shall submit a copy of the base license to the department or its agent upon application for a mobile retail food establishment license.
(2)
The base shall be appropriate to support all the activities that will occur at the mobile retail food establishment, such as food preparation activities, cleaning and sanitization, storage, water and waste water handling and disposal. (3)
The license holder shall post a copy of the base license in a visible location in the mobile retail food establishment. (4)
The license holder shall provide a regulatory authority inspection report from the last 12 months for the base location upon request by the department or its agent. (5)
The license holder shall provide a copy of the schedule for the use of the base to the department or its agent upon request. (6)
The license holder, upon the department or its agent’s request, shall provide details showing how the license holder will store, prepare, and hold for service, food in the mobile retail food establishment. (7)
The department and its agent shall honor a current base license from another state, if the license holder meets the relevant conditions under this section. (8)
The department may grant a variance, as specified in ch. ATCP 75 Appendix part 1-104.11, for a mobile food establishment to operate without a licensed base. ATCP 75.075 Plan review. An applicant or license holder of a new or extensively remodeled retail food establishment shall submit a retail food establishment plan to the department or its agent. The department or its agent may require an applicant or license holder to submit this documentation when a change of ownership has occurred.
(1) APPROVAL REQUIRED. An applicant or license holder shall obtain plan approval from the department or its agent before any of the following occurs:
(a)
The applicant or license holder begins construction of a retail food establishment. (b)
The license holder modifies or extensively remodels a retail food establishment. (2) APPLICATION FOR PLAN APPROVAL. (a) An applicant for plan approval shall submit all of the following to the department or its agent:
1.
A fully and accurately completed, signed, and dated application for plan approval on a form provided by the department or its agent. 2.
Equipment layout plans. 4.
Detailed descriptions of food processing operations. 6.
Copies of other state, county, or municipal approvals relating to the operation of the retail food establishment. 7.
A copy of the plans and specifications drawn to scale or a drawing indicating distance of separation measured in feet in accordance with the applicable requirements of this chapter. 8.
Any other information required by the department or its agent regarding the operation of the retail food establishment as it relates to the health, safety, and welfare of the public. Note: To obtain a copy of the plan approval application form, send an email to datcpdfslicensing@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224−4700 or PO Box 8911, Madison, Wisconsin 53708−8911. (b)
If the department or its agent receives a plan or application that is not completed as specified in par. (a), the department shall contact the plan applicant to seek additional information. (c)
Within 30 days after receipt of complete information under par. (a), or any additional information requested under par. (b), the department or its agent shall approve or deny the plan. If the department or its agent approves the plan, the department or its agent shall issue a plan approval letter to the plan applicant. If the department or its agent denies a plan, it shall give the plan applicant the reason for the denial, in writing. The plan applicant may appeal the decision made by the department or its agent under ss. ATCP 75.14 and 75.16. ATCP 75.08 Retail food establishment fees. (1) LICENSE CATEGORY ASSIGNMENT.
(a) Criteria.
1.
Except for a retail food establishment serving only prepackaged foods or meals, a transient retail food establishment, a vending machine, a micro market, or a mobile retail food establishment base with no food preparation, the department or its agent shall assign a retail food establishment to a license category by evaluating the complexity of the retail food establishment based on the criteria specified in Table A in this section. 2.
The department or its agent shall assign a retail food establishment, whose point value is not greater than 2.5, to the simple license category. 3.
The department or its agent shall assign a retail food establishment, whose point value is more than 2.5, but not greater than 4.5, to the moderate license category. 4.
The department or its agent shall assign a retail food establishment, whose point value is 4.5 or more, to the complex license category. 5.
If the department or its agent orders a retail food establishment closed, or it has caused a foodborne illness outbreak, the department or its agent shall immediately assign the retail food establishment to the complex category for the current and following licensing year. If no further outbreaks or closures occur, the department or its agent may reduce the license to the appropriate license category assignment. Note: The cause of a foodborne illness outbreak is determined using standard epidemiological practices.
(b) Point values for determining factors for assigning a retail food establishment’s license category.
Table A
Determining Factors for Assigning License Categories | Point Value |
A retail food establishment that only sells pre-packaged food or meal items, regardless if the food items are time/temperature controlled for safety food. | 0 |
The retail food establishment does not serve meals and has annual gross food sale receipts less than $25,000 | 0.25 |
The retail food establishment does not serve meals and has annual gross food sale receipts more than $25,000 but not more than $1,000,000 | 0.5 |
The retail food establishment does not serve meals and has annual gross food sale receipts more than $1,000,000 but not more than $5,000,000 | 1 |
The retail food establishment does not serve meals and has annual gross food sale receipts more than $5,000,000 | 2 |
The retail food establishment contains a self−service salad or food bar.* | 1 |
The retail food establishment handles raw poultry, meat, eggs, or seafood. | 1 |
The retail food establishment has a variance under 3-502.11 (special processing methods**) or a required HACCP plan under 3-502.12 (reduced oxygen packaging) of ch. ATCP 75 Appendix, Wisconsin Food Code. | 1 |
The retail food establishment has an approval under 3-301.11 (bare hand contact plan) or 3-501.19 (time as a public health control plan) of ch. ATCP 75 Appendix, Wisconsin Food Code. | 1 |
The retail food establishment has a catering operation or processes, packages, or holds customer preordered meals or food items. | 1 |
The retail food establishment does cold holding, hot holding, or reheating of time/temperature control for safety foods. | 1 |
The retail food establishment does cooling of cooked or reheated time/temperature control for safety foods. | 1 |
The retail food establishment prepares TCS food at their location and then transports it to be sold, under the wholesale exemption for retail food establishments | 1 |
The retail food establishment serves or sells food that requires food processing activities including chopping, dicing, mixing, slicing, blanching, boiling, cooking, packaging, and assembly in order for that product to be served or sold. | 1 |
The retail food establishment has one or more additional areas where food preparation activities occur. | 1 |
The retail food establishment specifically prepares or serves food to a population identified as highly susceptible, such as a nursing home or day care. | 1 |
The retail food establishment has a customer seating capacity greater than 75, or operates a motor vehicle drive-through service window for food purchase and service. | 1 |
* If only “condiments” or other non-meal, ready-to-eat, non-TCS foods are offered or displayed for customer self-service, that display does not qualify as a salad or food bar, such as, but not limited to, pickles, onions, non-TCS dessert topping, relishes, garnishes, and bakery items.
** Smoking, curing, using food additives or components for preservation rather than flavor, reduced oxygen packaging, operating a molluscan shellfish life-support system, custom processing, sprouting seeds or beans, or any other method as determined by the department to require a variance.
(c) Request for different license category assignment. The license holder may ask the department or its agent to reconsider the retail food establishment’s license category assignment within 30 days of the category assignment.
Note: To request reconsideration of license category assignment, contact the Bureau of Food and Recreational Businesses at 608−224-4700 or send your written request to the Bureau of Food and Recreational businesses at P.O.
Box 8911 Madison, WI 53708-8911. For an agent reconsideration, please contact the agent health department.
(2) FEE SCHEDULE. An applicant to the department for a retail food establishment license shall pay an annual license fee as indicated in Table B:
Table B
Type of Retail Food Establishment | License Fee | PreLicensing Inspection Fee | Reinspection Fee | Additional Reinspection Fees | Late Fee | Operating Without a License Fee |
Retail Food Establishment – not serving meals (includes mobile retail food establishment – not serving meals) | | | | | | |
Prepackaged TCS food | $45.00 | | $90.00 | $90.00 | $9.00 | $90.00 |
Simple (final food product is Non-TCS) | $60.00 | | $90.00 | $90.00 | $12.00 | $100.00 |
Simple (TCS) | $190.00 | | $190.00 | $190.00 | $38.00 | $100.00 |
Moderate | $265.00 | | $190.00 | $190.00 | $53.00 | $100.00 |
Complex | $685.00 | | $450.00 | $450.00 | $137.00 | $100.00 |
Retail Food Establishment – serving meals (includes Retail food establishment serving prepackaged meals and mobile retail food establishments – serving meals) | | | | | | |
Prepackaged TCS | $105.00 | $130.00 | $98.00 | $130.00 | $21.00 | $749.00 |
Simple | $230.00 | $320.00 | $240.00 | $320.00 | $46.00 | $749.00 |
Moderate | $330.00 | $470.00 | $353.00 | $470.00 | $66.00 | $749.00 |
Complex | $540.00 | $770.00 | $578.00 | $770.00 | $108.00 | $749.00 |
Transient Retail Food Establishment | | | | | | $749.00 |
Prepackaged TCS food only | $45.00 | | | | | |
Mobile Retail Food Establishment Base | | | | | | |
No food preparation or processing activities | $45.00 | | $45.00 | $45.00 | $9.00 | $90.00 |
All other base license fees are calculated on the risk category assignment in Table A in this section for the activity conducted at the base. | | | | |
Vending machine operator | $125.00 | | | | $25.00 | $749.00 |
Vending machine license | $9.00 per machine | | | | | $27.00 per machine |
Single location | $40.00 | | | | $8.00 | $80.00 |
Multiple locations (on the same premises). | $60.00 | | | | $12.00 | $100.00 |
Note: A person applying for an annual retail food establishment license may be required to pay, in addition to the license fee listed in Table B, a weights and measures inspection fee under s. ATCP 92.12. (3) TYPES OF FEES. (a) Pre-licensing inspection fee. The applicant shall pay to the department the applicable pre-licensing inspection fee listed in Table B before a license is issued to a new retail food establishment under s. ATCP 75.06. (b) License fee.
1.
Except as specified in subd. 2., the applicant shall pay an annual license fee to the department, as listed in Table B, for each retail food establishment that the applicant applies for a license to operate under s. ATCP 75.06. The department or its agent shall base the annual license fee on the point values assigned to the retail food establishment under Table A. 2.
Table A does not apply to a retail food establishment serving prepackaged meals or a retail food establishment - not serving meals with only prepackaged foods, a transient retail food establishment, a mobile retail food establishment base with no food service or processing activities, a vending machine and vending machine operator, or a micro market. Fees for these retail food establishments are listed separately in Table B. (c)
Late fee. If the license holder does not pay the fee for a license renewal before the expiration date of the license, the license holder shall pay to the department the applicable late fee, as indicated in Table B, in addition to the renewal license fee. (d)
Reinspection fee. If the department reinspects a retail food establishment because the department has found a violation of ch. 97, Stats., this chapter, or its appendix during the preceding inspection, the department shall charge the license holder the reinspection fee specified in Table B. A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application to the license holder. If an additional reinspection is required to correct violations of ch. 97, Stats., this chapter, or its Appendix, the department shall assess an additional reinspection fee as listed in Table B. (e)
Operating without a license fee. Any license holder found to be operating a retail food establishment without a license shall pay to the department the applicable fee indicated in Table B for their designated license category. For any license holder found to be operating a vending machine without a license, the license holder shall pay to the department 3 times the annual vending machine license fee listed in Table B, in addition to all applicable fees. Note: Anyone operating a retail food establishment without a license is also subject to a fine of not less than $100 nor more than $1,000 under s. 97.72, Stats.
