“Food Establishment” "Food establishment" means an operation that: Stores, prepares, PACKAGES, serves, vends food directly to the CONSUMER, or otherwise provides FOOD for human consumption such as a restaurant as defined in s. 97.01 (14g), Stats.; satellite or catered feeding location; catering operation if the operation provides FOOD directly to a CONSUMER or to a conveyance used to transport people; market; vending location; institution; or FOOD bank; and Relinquishes possession of FOOD to a CONSUMER directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. "Food establishment" includes: An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the PREMISES; and regardless of whether there is a charge for the FOOD. "Food establishment" does not include: An establishment that offers only prePACKAGED FOODS that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOODS; A produce stand that only offers whole, uncut fresh fruits and vegetables; A FOOD PROCESSING PLANT; including those that are located on the PREMISES of a FOOD ESTABLISHMENT; A kitchen in a private home if only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by LAW and if the CONSUMER is informed by a clearly visible placard at the sales or service location that the FOOD is prepared in a kitchen that is not subject to regulation and inspection by the REGULATORY AUTHORITY; |
An area where FOOD that is prepared as specified in Subparagraph (3)(d) of this definition is sold or offered for human consumption; A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers FOOD to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 8, breakfast is the only meal offered, the number of guests served does not exceed 20; or A private home that receives catered or home-delivered FOOD. Food Processing Plant. “Food processing plant” means a commercial operation that manufactures, PACKAGES, labels, or stores FOOD for human consumption, and provides FOOD for sale or distribution to other business entities such as FOOD PROCESSING PLANTS or FOOD ESTABLISHMENTS. “Food processing plant” does not include a FOOD ESTABLISHMENT. Game Animal. (1) “Game animal” means an animal, the products of which are FOOD, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 - Definitions, or as POULTRY, or as FISH. “Game animal” includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat; and nonaquatic reptiles such as land snakes. “Game animal” does not include RATITES. “General use pesticide” means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175 — Pesticides classified for restricted use. “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry milk and milk products comply. Note: A copy of the “Grade A Pasteurized Milk Ordinance” may be secured from the Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food Safety (HFS316), 5100 Paint Branch Parkway, College Park, MD 20740−3835 or you can contact the Wisconsin department of agriculture, trade and consumer protection. “HACCP plan” means a written document that delineates the formal procedures for following the HAZARD Analysis and CRITICAL CONTROL POINT principles developed by The National Advisory Committee on Microbiological Criteria for Foods. |
Handwashing Sink. “Handwashing sink” means a lavatory, a basin or vessel for washing, a wash basin, or a PLUMBING FIXTURE especially placed for use in personal hygiene and designed for the washing of the hands. “Handwashing sink” includes an automatic handwashing facility. “Hazard” means a biological, chemical, or physical property that may cause an unacceptable CONSUMER health RISK. “Health practitioner” means a physician licensed to practice medicine, or if allowed by LAW, a nurse practitioner, physician assistant, or similar medical professional. “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned FOODS, to maintain the commercial sterility of its contents after PROCESSING. “Highly susceptible population” means PERSONS who are more likely than other people in the general population to experience foodborne disease because they are: Immunocompromised; preschool age children, or older adults; and Obtaining FOOD at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on: The number of potential injuries; and The nature, severity, and duration of the anticipated injury. “Injected” means manipulating MEAT to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pump marinating,” or “stitch pumping.” Juice. |
“Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée. “Juice” does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as BEVERAGES or ingredients of BEVERAGES. “Kitchenware” means FOOD preparation and storage UTENSILS. “Law” means applicable local, state, and federal statutes, regulations, and ordinances. “License” means the document issued by the REGULATORY AUTHORITY that authorizes a PERSON to operate a FOOD ESTABLISHMENT. “License holder” means the entity that: Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the owner, the owner’s agent, or other PERSON; and Possesses a valid LICENSE, as applicable, to operate a FOOD ESTABLISHMENT. “Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves. Major Food Allergen. “Major food allergen” means: Milk, EGG, FISH (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or A FOOD ingredient that contains protein derived from a FOOD, as specified in Subparagraph (1) (a) of this definition. |
“Major food allergen” does not include: Any highly refined oil derived from a FOOD specified in Subparagraph (1) (a) of this definition and any ingredient derived from such highly refined oil; or Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108−282). |
“Meat” means the flesh of animals used as FOOD including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except FISH, POULTRY, and wild GAME ANIMALS as specified under Subparagraphs 3−201.17 (A) (3) and (4). Mechanically Tenderized. “Mechanically tenderized” means manipulating MEAT with deep penetration by processes which may be referred to as “blade tenderizing,” “jaccarding,” “pinning,” “needling,” or using blades, pins, needles, or any mechanical device. “Mechanically tenderized” does not include processes by which solutions are INJECTED into MEAT. “mg/L” means milligrams per liter, which is the metric equivalent of parts per million (ppm). "Milk and milk products" means grade A milk and grade A milk products. Mobile Food Establishment. “Mobile food establishment” means a restaurant or retail FOOD ESTABLISHMENT where FOOD is served or sold from a movable vehicle, intrastate railway car, push cart, trailer, or boat which periodically or continuously changes location and requires a SERVICE BASE to accommodate the unit for servicing, cleaning, inspection and maintenance or except as specified in ¶ 9−103.11 (D). “Mobile food establishment” does not include a vehicle which is used solely to transport or deliver FOOD or a common carrier regulated by the state or federal government, or a movable concession stand designed to operate as a TEMPORARY FOOD ESTABLISHMENT or a traveling retail FOOD ESTABLISHMENT. “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. “New” in reference to a FOOD ESTABLISHMENT, means operating with a LICENSE from the DEPARTMENT or its agent for the first time on or after [the effective date of this code]. Non−Continuous Cooking. (1) “Non−continuous cooking” means the cooking of FOOD in a FOOD ESTABLISHMENT using a process in which the initial heating of the FOOD is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. |
(2) “Non−continuous cooking” does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process. “Operator” means the LICENSE HOLDER or PERSON responsible to the LICENSE HOLDER for the operation of the FOOD ESTABLISHMENT. Packaged. “Packaged” means bottled, canned, cartoned, securely bagged, or securely wrapped, whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT as defined in s. 97.01 (12), Stats. “Packaged” does not include wrapped or placed in a carry−out container to protect the FOOD during service or delivery to the CONSUMER, by a FOOD EMPLOYEE, upon CONSUMER request. “Person” means an association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency. “Person in charge” means the individual present at a FOOD ESTABLISHMENT who is responsible for the operation at the time of inspection. Personal Care Items. “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a PERSON’S health, hygiene, or appearance. “Personal care items” include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash. “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral. |
“Physical facilities” means the structure and interior surfaces of a FOOD ESTABLISHMENT including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents. “Plumbing fixture” means a receptacle or device that: |
Is permanently or temporarily connected to the water distribution system of the PREMISES and demands a supply of water from the system; Discharges used water, waste materials, or SEWAGE directly or indirectly to the drainage system of the PREMISES. “Plumbing system” means the water supply and distribution pipes; PLUMBING FIXTURES and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the PREMISES; and water-treating EQUIPMENT. “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in 4 categories: Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and agents such as caustics, acids, drying agents, polishes, and other chemicals; Pesticides, except cleaners and SANITIZERS, which include substances such as insecticides and rodenticides; Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and PERSONAL CARE ITEMS that may be deleterious to health; and Substances that are not necessary for the operation and maintenance of the establishment and are on the PREMISES for retail sale, such as petroleum products and paints. “Poultry” means: Any domesticated bird (chickens, turkeys, ducks, geese, guineas, RATITES, or squabs), whether live or dead, as defined in 9 CFR 381.1 — Poultry Products Inspection Regulations Definitions, Poultry; and Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1 — Voluntary Poultry Inspection Regulations, Definitions. |
“Premises” means: The PHYSICAL FACILITY, its contents, and the contiguous land or property under the control of the LICENSE HOLDER; or |
The PHYSICAL FACILITY, its contents, and the land or property not described under Subparagraph (1) of this definition, if its facilities and contents are under the control of the LICENSE HOLDER and may impact FOOD ESTABLISHMENT personnel, facilities, or operations, and a FOOD ESTABLISHMENT is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison. |
“Primal cut” means a basic major cut into which carcasses and sides of MEAT are separated, such as a beef round, pork loin, lamb flank, or veal breast. Priority Item. “Priority item” means a provision in this Code whose application contributes directly to the elimination, prevention, or reduction to an acceptable level, HAZARDS associated with foodborne illness or injury and there is no other provision that more directly controls the HAZARD. “Priority item” includes items with a quantifiable measure to show control of HAZARDS such as cooking, reheating, cooling, handwashing; and “Priority item” is an item that is denoted in this Code with a superscript P-P. Priority foundation Item. “Priority foundation item” means a provision in this Code whose application supports, facilitates, or enables one or more PRIORITY ITEMS. “Priority foundation item” includes an item that requires the purposeful incorporation of specific actions, EQUIPMENT or procedures by industry management to attain control of RISK FACTORS that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary EQUIPMENT, HACCP PLAN, documentation or record keeping, and labeling; and “Priority foundation item” is an item that is denoted in this Code with a superscript Pf−Pf. “Processed” means: The preparation of FOOD for sale or service through the process of, extracting, fermentation, distilling, pickling, freezing, baking, assembling, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. PROCESSED does not mean the canning of FOOD or the smoking of FISH in a FOOD ESTABLISHMENTS. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year, as defined in s. 281.61 (1) (c), Stats. A PUBLIC |
WATER SYSTEM is either a “community water system” as defined in s. 281.62 (1) (a), Stats., or a “non−community water system” as defined in s. 281.62 (1) (b), Stats. Such system includes: Any collection, treatment, storage, and distribution facilities under control of the OPERATOR of such system and used primarily in connection with such system; and Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. “Pushcart” means a MOBILE FOOD ESTABLISHMENT solely moved by the efforts of the operator and not designed to be towed. “Ratite” means a flightless bird such as an emu, ostrich, or rhea. Ready−to−Eat Food. “Ready−to−eat” means FOOD that: Is in a form that is edible without additional preparation to achieve FOOD safety, as specified under one of the following: ¶ 3−401.11 (A) or (B), § 3−401.12, or § 3−402.11, or as specified in ¶ 3−401.11 (C); or Is a raw or partially cooked animal FOOD and the CONSUMER is advised as specified in Subparagraphs 3−401.11 (D) (1) and (3); or Is prepared in accordance with a VARIANCE that is granted as specified under Subparagraph 3−401.11 (D) (4); and May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. “Ready−to−eat food” includes: Raw animal FOOD that is cooked as specified under § 3−401.11 or 3−401.12, or frozen as specified under § 3−402.11; Raw fruits and vegetables that are washed as specified under § 3−302.15; Fruits and vegetables that are cooked for hot holding, as specified under § 3−401.13; All TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to the temperature and time required for the specified FOOD under Subpart 3−401 and cooled as specified in § 3−501.14; |
Plant FOOD for which further washing, cooking, or other processing is not required for FOOD safety, and from which rinds, peels, husks, or shells, if naturally present are removed; Substances derived from plants such as spices, seasonings, and sugar; A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for FOOD safety; The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt−cured MEAT and POULTRY products, such as prosciutto ham, country cured ham, and Parma ham; and dried MEAT and POULTRY products, such as jerky or beef sticks; and FOODS manufactured as specified in 21 CFR Part 113 — Thermally Processed Low−Acid Foods Packaged in Hermetically Sealed Containers. Reduced Oxygen Packaging. “Reduced oxygen packaging” means: The reduction of the amount of oxygen in a PACKAGE by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level); and A process as specified in Subparagraph (1) (a) of this definition that involves a FOOD for which the HAZARDS Clostridium botulinum or Listeria monocytogenes require control in the final PACKAGED form. “Reduced oxygen packaging” includes: Vacuum PACKAGING, in which air is removed from a PACKAGE of FOOD and the PACKAGE is HERMETICALLY SEALED so that a vacuum remains inside the PACKAGE; Modified atmosphere PACKAGING, in which the atmosphere of a PACKAGE of FOOD is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the PACKAGING material or the respiration of the FOOD. Modified atmosphere PACKAGING includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen; and |
Controlled atmosphere PACKAGING, in which the atmosphere of a PACKAGE of FOOD is modified so that until the PACKAGE is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring FOOD, and impermeable PACKAGING material. Cook chill PACKAGING, in which cooked FOOD is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged FOOD is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotropic pathogens; or Sous vide PACKAGING, in which raw or partially cooked FOOD is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychotropic pathogens. “Refuse” means solid waste not carried by water through the SEWAGE system. “Regulatory authority” means the local, state, or federal enforcement body or authorized representative having jurisdiction over the FOOD ESTABLISHMENT. “Reminder” means a written statement concerning the health RISK of consuming animal FOODS raw, undercooked, or without otherwise being processed to eliminate pathogens. “Re−service” means the transfer of FOOD that is unused and returned by a CONSUMER after being served or sold and in the possession of the CONSUMER, to another PERSON. “Restrict” means to limit the activities of a FOOD EMPLOYEE so that there is no RISK of transmitting a disease that is transmissible through FOOD and the FOOD EMPLOYEE does not work with exposed FOOD, clean EQUIPMENT, UTENSILS, LINENS; or unwrapped SINGLE−SERVICE or SINGLE−USE ARTICLES. “Restricted egg” means any check, dirty EGG, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590. “Restricted use pesticide” means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, or ATCP 29, and that is limited to use by or under the direct supervision of a certified applicator. “Risk” means the likelihood that an adverse health effect will occur within a population as a result of a HAZARD in a FOOD. “Risk control plan (RCP)” means a written plan developed by the FOOD ESTABLISHMENT OPERATOR in conjunction with the REGULATORY AUTHORITY that describes a system for controlling specific out−of−control foodborne illness RISK FACTORS. |
“Risk Factor” means the improper practices or procedures that have been identified by the Centers for Disease Control and Prevention (CDC) through epidemiological data, as the most prevalent contributing factors of foodborne illness or injury. RISK FACTORS include: Poor personal hygiene; FOOD from unsafe source; Inadequate cooking; Improper holding temperatures; and Contaminated EQUIPMENT. “Safe material” means: An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any FOOD; An ADDITIVE that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic Act; or Other materials that are not ADDITIVES and that are used in conformity with applicable regulations of the Food and Drug Administration. “Sanitization” means the application of cumulative heat or chemicals on cleaned FOOD−CONTACT SURFACES that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance. “Sealed” means free of cracks or other openings that allow the entry or passage of moisture. “Service animal” means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. “Service Base” means an operating base location to which a MOBILE FOOD ESTABLISHMENT or transportation vehicle returns regularly for such things as vehicle and EQUIPMENT cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding FOOD. |
“Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of MOLLUSCAN SHELLFISH harvesters and DEALERS for interstate commerce. “Shellstock” means raw, in−shell MOLLUSCAN SHELLFISH. “Shiga toxin−producing Escherichia coli” (STEC) means any E. coli capable of producing Shiga toxins (also called verocytotoxins.) STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild, nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS – a type of kidney failure). Examples of serotypes of STEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; and E. coli O111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or as EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC which can cause hemorrhagic colitis or HUS. “Shucked shellfish” means MOLLUSCAN SHELLFISH that have one or both shells removed. “Single−service articles” means TABLEWARE, carry−out UTENSILS, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one PERSON use after which they are intended for discard. Single−Use Articles. “Single−use articles” means UTENSILS and bulk FOOD containers designed and constructed to be used once and discarded. |
“Single−use articles” includes items such as wax paper, butcher paper, plastic wrap, formed aluminum FOOD containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under §§ 4−101.11, 4−201.11, and 4−202.11 for multiuse UTENSILS. “Slacking” means the process of moderating the temperature of a FOOD such as allowing a FOOD to gradually increase from a temperature of −23°C (−10°F) to −4°C (25°F) in preparation for deep−fat frying or to facilitate even heat penetration during the cooking of previously block−frozen FOOD such as shrimp. “Smooth” means: |
A FOOD−CONTACT SURFACE having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel; A nonFOOD−CONTACT SURFACE of EQUIPMENT having a surface equal to that of commercial grade hot−rolled steel free of visible scale; and A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean. “Tableware” means eating, drinking, and serving UTENSILS for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates. “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of FOOD, air, or water. “Temporary food establishment” means a FOOD ESTABLISHMENT that operates at a fixed location for a period of no more than 14 consecutive days in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, anniversary sale, or occasional sales promotion. Time/Temperature Control for Safety Food (formerly “potentially hazardous food” (PHF). "Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation. |
"Time/temperature control for safety food" includes: An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-treated or consists of raw seed sprouts, cut melons, CUT LEAFY GREENS, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and Except as specified in Subparagraph (3) (d) of this definition, a FOOD that because of the interaction of its AW and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition: |
Table A. Interaction of pH and AW for control of spores in FOOD heat-treated to destroy vegetative cells and subsequently PACKAGED |
(See PDF for image) | AW values | pH: 4.6 or less | pH: > 4.6 -5.6 | pH: > 5.6 |
<0.92 | non-TCS FOOD* | non-TCS FOOD | non-TCS FOOD |
> 0.92 -0.95 | non-TCS FOOD | non-TCS FOOD | PA** |
> 0.95 | non-TCS FOOD | PA | PA |
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ** PA means Product Assessment required Table B. Interaction of pH and AW for control of vegetative cells and spores in FOOD not heat-treated or heat-treated but not PACKAGED
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ** PA means Product Assessment required (3) "Time/temperature control for safety food" does not include: An air-cooled hard-boiled EGG with shell intact, or an EGG with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable Salmonellae; |
A FOOD in an unopened HERMETICALLY SEALED CONTAINER that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; A FOOD that because of its pH or AW value, or interaction of AW pH values, is designated as a non-TCS FOOD in Table A or B of this definition; A FOOD that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that FOOD Is precluded due to: Intrinsic factors including added or natural characteristics of the FOOD such as preservatives, antimicrobials, humectants, acidulants, or nutrients, Extrinsic factors including environmental or operational factors that affect the FOOD such as PACKAGING, modified atmosphere such as REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range of storage and use, or |
(iii) A combination of intrinsic and extrinsic factors; or (e) A FOOD that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (3)(a) -(3)(d) of this definition even though the FOOD may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury. “USDA” means the U.S. Department of Agriculture. “Utensil” means a FOOD−contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of FOOD, such as KITCHENWARE or TABLEWARE that is multiuse, SINGLE−SERVICE, or SINGLE−USE; gloves used in contact with FOOD; temperature sensing probes of FOOD TEMPERATURE MEASURING DEVICES; and probe−type price or identification tags used in contact with FOOD. “Variance” means a written document issued by the DEPARTMENT that authorizes a modification or waiver of one or more requirements of this Code if, in the opinion of the DEPARTMENT, a health HAZARD or nuisance will not result from the modification or waiver. “Vending machine” has the meaning given in s. 97.01 (15p), Stats. Note: Section 97.01 (15p), Stats., defines VENDING MACHINES as any self–service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of FOOD or BEVERAGE either in bulk or in PACKAGE, without the necessity of replenishing the device between each vending operation. “VENDING MACHINE” does not include a device which dispenses only bottled, prePACKAGED or canned soft drinks, a one cent vending device, a VENDING MACHINE dispensing only candy, gum, nuts, nut meats, cookies or crackers, or a VENDING MACHINE dispensing only prePACKAGED grade A pasteurized milk or milk products. "Vending machine commissary" means any building, room or place in the state at which FOODS, containers, transport equipment, or supplies for VENDING MACHINES or micro markets are kept, handled, prepared, or stored by a VENDING MACHINE OPERATOR or micro market operator, except a place at which the OPERATOR is licensed to manufacture, distribute, or sell FOOD products under ch. 97, Stats. “Vending machine location” means the room, enclosure, space, or area where one or more VENDING MACHINES are installed and operated and includes the storage areas and areas on the PREMISES that are used to service and maintain the VENDING MACHINES. "Vending machine operator" has the meaning prescribed in s. 97.01 (15y), Stats., namely, the person maintaining a place of business in the state and responsible for the operation of one or more vending machines. |
“Warewashing” means the cleaning and SANITIZING of UTENSILS and FOOD−CONTACT SURFACES of EQUIPMENT. “Whole−muscle, intact beef” means whole muscle beef that is not INJECTED, MECHANICALLY TENDERIZED, reconstructed, or scored and marinated, from which beef steaks may be cut. |
Parts 2−1 2-2 | SUPERVISION EMPLOYEE HEALTH |
2−3 | PERSONAL CLEANLINESS |
2−4 | HYGIENIC PRACTICES |
2-5 | RESPONDING TO CONTAMINATION EVENTS |
2−1 | SUPERVISION Subparts 2−101 Responsibility 2−102 Knowledge 2−103 Duties |
Responsibility | 2−101.11 Assignment. Except as specified in ¶ (B) of this section, the LICENSE HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE is present at the FOOD ESTABLISHMENT during all hours of operation. Pf In a FOOD ESTABLISHMENT with two or more separately LICENSED departments that are the legal responsibility of the same LICENSE HOLDER and that are located on the same PREMISES, the LICENSE HOLDER may, during specific time periods when food is not being prepared, packaged, or served, designate a single PERSON IN CHARGE who is present on the PREMISES during all hours of operation, and who is responsible for each separately LICENSED FOOD ESTABLISHMENT on the PREMISES. Pf |
Knowledge | 2−102.11 Demonstration. Based on the RISKS inherent to the FOOD operation, during inspections and upon request the PERSON IN CHARGE shall demonstrate to the REGULATORY AUTHORITY knowledge of foodborne disease prevention, application of the HAZARD Analysis and CRITICAL CONTROL POINT principles, and the requirements of this Code. The PERSON IN CHARGE shall demonstrate this knowledge by: Complying with this Code by having no violations of PRIORITY ITEMS during the current inspection; Pf |
Being a current certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM as specified in chapter 12 of the this Code; Pf or Note: FOOD ESTABLISHMENTS meeting the applicability requirements specified in § 12–101.11 are required to employ at least one individual who is a certified food manager that holds a valid certificate of food protection practices as required in s. 97.33 (1r), Stats. Responding correctly to the inspector's questions as they relate to the specific FOOD operation. The areas of knowledge include: (1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a FOOD EMPLOYEE; Pf |
Explaining the responsibility of the PERSON IN CHARGE for preventing the transmission of foodborne disease by a FOOD EMPLOYEE who has a disease or medical condition that may cause foodborne disease; Pf Describing the symptoms associated with the diseases that are transmissible through FOOD; Pf Explaining the significance of the relationship between maintaining the time and temperature of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and the prevention of foodborne illness; Pf Explaining the HAZARDS involved in the consumption of raw or undercooked MEAT, POULTRY, EGGS, and FISH; Pf Stating the required FOOD temperatures and times for safe cooking of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD including MEAT, POULTRY, EGGS, and FISH; Pf Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; Pf Describing the relationship between the prevention of foodborne illness and the management and control of the following: Cross contamination, Pf Hand contact with READY−TO−EAT FOODS, Pf Handwashing, Pf and Maintaining the FOOD ESTABLISHMENT in a clean condition and in good repair; Pf Describing FOODS identified as MAJOR FOOD ALLERGENS and the symptoms that a MAJOR FOOD ALLERGEN could cause in a sensitive individual who has an allergic reaction. Pf Explaining the relationship between FOOD safety and providing EQUIPMENT that is: Sufficient in number and capacity, Pf and Properly designed, constructed, located, installed, operated, maintained, and cleaned; Pf Explaining correct procedures for cleaning and SANITIZING UTENSILS and FOOD−CONTACT SURFACES of EQUIPMENT; Pf |
Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; Pf Identifying POISONOUS OR TOXIC MATERIALS in the FOOD ESTABLISHMENT and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to LAW; Pf Identifying CRITICAL CONTROL POINTS in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code; Pf Explaining the details of how the PERSON IN CHARGE and FOOD EMPLOYEES comply with the HACCP PLAN if a plan is required by the LAW, this Code, an approved procedure, or a RISK CONTROL PLAN developed by the REGULATORY AUTHORITY and the establishment; Pf Explaining the responsibilities, rights, and authorities assigned by this Code to the: FOOD EMPLOYEE, Pf CONDITIONAL EMPLOYEE, Pf PERSON IN CHARGE, Pf REGULATORY AUTHORITY; Pf and Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES. Pf 2-102.12 Certified Food Protection Manager At least one FOOD ESTABLISHMENT EMPLOYEE that has supervisory and management responsibility and the authority to direct and control FOOD preparation and service shall be a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM as specified in chapter 12 of this Code. This section does not apply to certain types of FOOD ESTABLISHMENTS deemed by the DEPARTMENT to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of FOOD preparation. 2−102.20 Food Protection Manager Certification. |
A PERSON IN CHARGE who demonstrates knowledge by being a FOOD protection manager that is certified by a FOOD protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of FOOD Protection Manager Certification Programs, as specified in chapter 12 of this Code, is deemed to comply with ¶2-102.11(B). A FOOD ESTABLISHMENT that has an EMPLOYEE that is certified by a FOOD protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of FOOD Protection Manager Certification Programs, as specified in chapter 12 of this Code, is deemed to comply with §2-102.12. |
Duties | 2−103.11 Person in Charge. The PERSON IN CHARGE shall ensure that: FOOD ESTABLISHMENT operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under § 6−202.111; Pf PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and tours may be authorized by the PERSON IN CHARGE if steps are taken to ensure that exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE−SERVICE and SINGLE−USE ARTICLES are protected from contamination; Pf |
EMPLOYEES and other PERSONS such as delivery and maintenance PERSONS and pesticide applicators entering the FOOD preparation, FOOD storage, and WAREWASHING areas comply with this Code; Pf EMPLOYEES are effectively cleaning their hands, by routinely monitoring the EMPLOYEES’ handwashing; Pf EMPLOYEES are visibly observing FOODS as they are received to determine that they are from APPROVED sources, delivered at the required temperatures, protected from contamination, free of visible unADULTERATED, and accurately presented, by routinely monitoring the EMPLOYEES’ observations and periodically evaluating FOODS upon their receipt; Pf EMPLOYEES are verifying that FOODS delivered to the FOOD ESTABLISHMENT during non-operating hours are from APPROVED sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unADULTERATED, and accurately presented; Pf EMPLOYEES are properly cooking TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, being particularly careful in cooking those FOODS known to cause severe foodborne illness and death, such as EGGS and COMMINUTED MEATS, through daily oversight of the EMPLOYEES’ routine monitoring of the cooking temperatures using appropriate TEMPERATURE MEASURING DEVICES properly scaled and calibrated as specified under § 4−203.11 and ¶ 4−502.11 (B); Pf |
EMPLOYEES are using proper methods to rapidly cool TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that are not held hot or are not for consumption within 4 hours, through daily oversight of the EMPLOYEES’ routine monitoring of FOOD temperatures during cooling; Pf EMPLOYEES are properly maintaining the temperatures of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS during hot and cold holding through daily oversight of the EMPLOYEE’S routine monitoring for FOOD temperatures; Pf CONSUMERS who order raw or partially cooked READY−TO−EAT FOODS of animal origin are informed as specified under § 3−603.11 that the FOOD is not cooked sufficiently to ensure its safety; Pf EMPLOYEES are properly SANITIZING cleaned multiuse EQUIPMENT and UTENSILS before they are reused, through routine monitoring of solution temperature and exposure time for hot water SANITIZING, and chemical concentration, pH, temperature, and exposure time for chemical SANITIZING; Pf CONSUMERS are notified that clean TABLEWARE is to be used when they return to self−service areas such as salad bars and buffets as specified under § 3−304.16; Pf |
Except when APPROVAL is obtained from the REGULATORY AUTHORITY as specified in ¶ 3−301.11 (E), EMPLOYEES are preventing cross−contamination of READY−TO−EAT FOOD with bare hands by properly using suitable UTENSILS such as deli tissue, spatulas, tongs, single−use gloves, or dispensing EQUIPMENT; Pf EMPLOYEES are properly trained in FOOD safety, including FOOD allergy awareness, as it relates to their assigned duties; Pf FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed in a verifiable manner of their responsibility to report in accordance with LAW, to the PERSON IN CHARGE, information about their health and activities as they relate to diseases that are transmissible through FOOD, as specified under ¶ 2−201.11 (A); Pf and Written procedures and plans, where specified by this Code and as developed by the FOOD ESTABLISHMENT, are maintained and implemented as required. Pf |
2−2 | Food Employee Health Subparts 2−201 Responsibilities of License Holder, Person in Charge, Food Employees, and Conditional Employees |
Responsibilities and Reporting Symptoms and Diagnosis | 2−201.11 Responsibility of License Holder, Person in Charge, and Conditional Employees. (A) The LICENSE HOLDER shall require FOOD EMPLOYEES and CONDITIONAL EMPLOYEES to report to the PERSON IN CHARGE, information about their health and activities as they relate to diseases that are transmissible through FOOD. A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report the information in a manner that allows the PERSON IN CHARGE to reduce the RISK of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE: |
reportable symptoms | (1) Has any of the following symptoms: Vomiting, P Diarrhea, P Jaundice, P Sore throat with fever, P or A lesion containing pus such as a boil or infected wound that is open or draining and is: |
On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a SINGLE−USE glove is worn over the impermeable cover, P On exposed portions of the arms, unless the lesion is protected by an impermeable cover, P or On other parts of the body, unless the lesion is covered by a dry, durable, tight−fitting bandage; P |
reportable diagnosis | (2) Has an illness diagnosed by a HEALTH PRACTITIONER due to: Norovirus, P Hepatitis A virus, P Shigella spp., P SHIGA TOXIN−PRODUCING ESCHERICHIA COLI, P Typhoid fever (caused by Salmonella Typhi); P or Salmonella (nontyphoidal); P |
Note: A complete listing of communicable diseases that can be transmitted through FOOD can be obtained from any local health department. |
reportable past illness | (3) Had Typhoid fever, diagnosed by a HEALTH PRACTITIONER, within the past 3 months without having received antibiotic therapy, as determined by a HEALTH PRACTITIONER; P |
reportable history of exposure | (4) Has been exposed to, or is the suspected source of, a CONFIRMED DISEASE OUTBREAK, because the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE consumed or prepared FOOD implicated in the outbreak, or consumed FOOD at an event prepared by an PERSON who is infected or ill with: Norovirus within the past 48 hours of the last exposure, P SHIGA TOXIN-PRODUCING ESCHERICHIA COLI or Shigella spp. within the past 3 days of the last exposure, P Typhoid fever within the past 14 days of the last exposure, or P Hepatitis A virus within the past 30 days of the last exposure; P or |
reportable history of exposure | (5) Has been exposed by attending or working in a setting where there is a CONFIRMED DISEASE OUTBREAK, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a CONFIRMED DISEASE OUTBREAK, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by: Norovirus within the past 48 hours of the last exposure, P SHIGA TOXIN−PRODUCING ESCHERICHIA COLI, or Shigella spp. within the past 3 days of the last exposure, P Typhoid fever (caused by Salmonella Typhi) within the past 14 days of the last exposure, P or Hepatitis A virus within the past 30 days of the last exposure. P |
responsibility of person in charge to notify the regulatory authority | (B) The PERSON IN CHARGE shall notify the REGULATORY AUTHORITY when a FOOD EMPLOYEE is: Jaundiced, Pf or Diagnosed with an illness due to a pathogen as specified under Subparagraphs (A)(2)(a) - (f) of this section. Pf |
responsibility of the person in | (C) The PERSON IN CHARGE shall ensure that a CONDITIONAL EMPLOYEE: |
charge to prohibit a conditional employee from becoming a food employee | Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under Subparagraphs (A)(1) - (3) of this section, is prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets the criteria for the specific symptoms or diagnosed illness as specified under § 2201.13; P and Who will work as a FOOD EMPLOYEE in a FOOD ESTABLISHMENT that serves as a HIGHLY SUSCEPTIBLE POPULATION and reports a history of exposure as specified under Subparagraphs (A)(4) – (5), is prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets the criteria as specified under ¶ 2-201.13(J). P |
responsibility of the person in charge to exclude or restrict | (D) The PERSON IN CHARGE shall ensure that a FOOD EMPLOYEE who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under Subparagraphs (A)(1) - (5) of this section is: EXCLUDED as specified under ¶¶ 2-201.12 (A) - (C), and Subparagraphs (D)(1), (E)(1), (F)(1), (G) or (H)(1) and in compliance with the provisions specified under ¶¶ 2-201.13(A) - (H); P or RESTRICTED as specified under Subparagraphs 2-201.12 (D)(2), (E)(2), (F)(2), (H)(2), or ¶¶ 2-201.12(I) or (J) and in compliance with the provisions specified under ¶¶ 2-201.13(D) - (J). P |
responsibility of food employees and conditional employees to report | (E) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to the PERSON IN CHARGE the information as specified under ¶ (A) of this section. Pf |
responsibility of food employees to comply | (F) A FOOD EMPLOYEE shall: Comply with an EXCLUSION as specified under ¶¶ 2-201.12(A) - (C) and Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), (G), or (H)(1) and with the provisions specified under ¶¶ 2-201.13(A) - (H); P or Comply with a RESTRICTION as specified under Subparagraphs 2201.12(D)(2), (E)(2), (F)(2), (G), (H)(2), or ¶¶ 2-201.12 (H), (I), or (J) and comply with the provisions specified under ¶¶ 2-201.13(D) - (J). P |
conditions of exclusion and restriction | 2−201.12 Exclusions and Restrictions. The PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD EMPLOYEE from a FOOD ESTABLISHMENT in accordance with the following: |
symptomatic with vomiting or diarrhea | (A) Except when the symptom is from a noninfectious condition, EXCLUDE a FOOD EMPLOYEE if the FOOD EMPLOYEE is: |
Symptomatic with vomiting or diarrhea; P or Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., Salmonella (nontyphoidal), or SHIGA TOXIN−PRODUCING E. COLI. P |
jaundiced or diagnosed with hepatitis A infection | (B) EXCLUDE a FOOD EMPLOYEE who is: Jaundiced, and the onset of jaundice occurred within the last 7 calendar days, unless the FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection; P Diagnosed with an infection from hepatitis A virus within 14 calendar days from the onset of any illness symptoms, or within 7 calendar days of the onset of jaundice; P or Diagnosed with an infection from hepatitis A virus without developing symptoms. P |
diagnosed or reported previous illness with typhoid fever | (C) EXCLUDE a FOOD EMPLOYEE who is diagnosed with Typhoid fever, or reports having had Typhoid fever within the past 3 months as specified under Subparagraph 2−201.11 (A)(3). P |
diagnosed with an asymptomatic infection from Norovirus | (D) If a FOOD EMPLOYEE is diagnosed with an infection from Norovirus and is ASYMPTOMATIC: EXCLUDE the FOOD EMPLOYEE for who works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION; P or RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION. P |
diagnosed with Shigella spp. infection and asymptomatic | (E) If a FOOD EMPLOYEE is diagnosed with an infection from Shigella spp. and is ASYMPTOMATIC: EXCLUDE the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION; P or RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION. P |
diagnosed with STEC and asymptomatic | (F) If a FOOD EMPLOYEE is diagnosed with an infection from SHIGA TOXIN−PRODUCING E. COLI, and is ASYMPTOMATIC: |
EXCLUDE the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION; P or RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION. P |
diagnosed with nontyphoidal Salmonella and asymptomatic | (G) If a FOOD EMPLOYEE is diagnosed with an infection from Salmonella (nontyphoidal) and is ASYMPTOMATIC, RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION or in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION. P |
