Ch. ATCP 75 Note
Note: Chapter H 96 was renumbered chapter HSS 196 effective August 1, 1982. Chapter HSS 196 as it existed on June 30, 1985 was repealed and a new chapter HSS 196 was created effective July 1, 1985.
Chapter HSS 196 was renumbered chapter HFS 196 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, January, 1997, No. 492. Chapter HFS 196 as it existed on January 31, 2001 was repealed and a new chapter HFS 196 was created effective February 1, 2001. Chapter HFS 196 was renumbered chapter DHS 196 effective February 1, 2009.
Chapter DHS 196 was renumbered subchapter III of chapter ATCP 75 under s. 13.92 (4) (b) 1., Stats.,
Register June 2016 No. 726.
Ch. ATCP 75 Note
Note: Chapter HSS 198 as it existed on June 30, 1985 was repealed and a new chapter HSS 198 was created effective July 1, 1985.
Chapter HSS 198 was renumbered chapter HFS 198 under s. 13.93 (2m) (b) 1., Stats., correction made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, January, 1997, No. 493. Chapter HFS 198 was renumbered chapter DHS 198 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
Chapter DHS 198 was renumbered subchapter IV of chapter ATCP 75 under s. 13.92 (4) (b) 1., Stats.,
Register January 2016 No. 726.
Chapter ATCP 75 as it existed on October 24, 2020, was repealed and a new chapter ATCP 75 was created effective October 25, 2020.
ATCP 75.01(1)(1)
The department licenses and regulates retail food establishments as defined in this chapter under s.
97.30, Stats. Under s.
97.41 (1m), Stats., the department may also authorize local health departments as local agents of the department to license and regulate retail food establishments.
ATCP 75.01(2)
(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 (1s), 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.
ATCP 75.01(3)
(3)
During an inspection to evaluate compliance with this chapter and ch.
ATCP 75 Appendix, the department or its agent shall assess existing facilities or equipment that were in use before October 25, 2020, based on all of the following considerations:
ATCP 75.01(3)(b)
(b) Compliance with requirements for cooling, heating, and holding temperature capability in equipment, under ch.
ATCP 75 Appendix part 4-301.11.
ATCP 75.01 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (3) (intro.), (a) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.02(1)(1)
The provisions of this chapter, including ch.
ATCP 75 Appendix, apply to any retail food establishment as defined in this chapter.
ATCP 75.02(2)
(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 sub.
(1).
ATCP 75.02 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.03
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) 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 75.03 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.04
ATCP 75.04 Definitions. In this chapter:
ATCP 75.04(1)
(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.
ATCP 75.04(2)
(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.
ATCP 75.04(4)
(4) “
Agent” means the city, county, village, or consortium health department 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.
ATCP 75.04(5)
(5) “
Amenable” means animal species or products made from animal species subject to mandatory inspection under state or federal meat and poultry inspection regulations.
ATCP 75.04(6)
(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.
ATCP 75.04(7)
(7) “
Certified food protection manager” means a person who holds a valid certificate of food protection practices issued under s.
97.33, Stats.
ATCP 75.04(8)
(8) “
Cold holding” means maintaining a time/temperature controlled for safety food (TCS) under refrigeration at a temperature of 41
°F or below.
ATCP 75.04(9)
(9) “
Concession stand” means a food stand that serves meals in connection with a youth sporting event, operated exclusively for the benefit of a participating youth sports team or program, or the governing youth sports organization.
ATCP 75.04(10)
(10) “
Condiment” means a non-meal food item added to food to enhance flavor or enjoyment.
ATCP 75.04 Note
Note: Sauces, dressings, relishes and spices are examples of condiments.
ATCP 75.04(11)
(11) “
Contract cook” is a person who is under contract to only prepare food onsite, with food provided by the contractor, for a private occasion to the contractor or the contractor's guests.
ATCP 75.04(12)
(12) “
Cooling” means the process of reducing the temperature of a TCS food by refrigeration or alternate methods to a temperature of 41
°F 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.
ATCP 75.04(13)
(13) “
Department” means the Wisconsin department of agriculture, trade, and consumer protection.
ATCP 75.04(14)
(14) “
Division” means the division of food and recreational safety.
ATCP 75.04(15)
(15) “
Extensively remodeled” means the condition of an existing retail food establishment that has undergone reconstruction or repair that altered the design or operation of the food service area, beyond redecorating, cosmetic refurbishing, replacing like equipment, or altering seating design or capacity.
ATCP 75.04(17)
(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:
ATCP 75.04(17)(a)
(a) Members of a household or personal guests in a private home, who are served a meal prepared by a member of the household.
ATCP 75.04(17)(b)
(b) Persons who are served a free meal by a religious or other nonprofit charitable organization, as defined under
26 USC 501 (c), at a kitchen, shelter or similar location where meals are served to the needy.
ATCP 75.04(17)(c)
(c) Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when members of the religious organization prepare the meal.
ATCP 75.04(17)(d)
(d) Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.
ATCP 75.04(17)(e)
(e) Employees attending an occasional meal prepared by their coworkers for the purpose of expressing appreciation or building workplace morale.
ATCP 75.04(17)(f)
(f) Guests attending a meal served in connection with a birthday, anniversary, or similar celebration, if persons participating in the celebration prepare the food.
ATCP 75.04(17)(g)
(g) Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s.
150.84 (2), Stats.
ATCP 75.04(17)(h)
(h) Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch.
48, Stats.
ATCP 75.04(17)(i)
(i) Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s.
302.01, Stats., a county jail, defined in s.
302.30, Stats., a juvenile correctional facility, defined in s.
938.02 (10p), Stats., or a juvenile detention facility, defined in s.
938.02 (10r), Stats.
ATCP 75.04(18)
(18) “
Hot holding” means maintaining a TCS food at a temperature of 135
°F or above after cooking or reheating.
ATCP 75.04(19)
(19) “
Imminent health hazard” means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.
ATCP 75.04(20)
(20) “
Locally sponsored sporting event” means a competitive game, taking place inside or outside, specifically for youth, that is organized or sponsored by one or more local business, governmental, or other civic organization, or by parents of the youth, including a school-sponsored interscholastic sports competition.
ATCP 75.04(21)
(21) “
Meal” means food that is ordered by, prepared for, or served to a customer with or without a beverage and is obtained from the retail food establishment in a ready-to-eat form with the expectation of immediate consumption, although consumption may occur at another location. “Meal” does not include single-bite sized free food samples or an equivalent portion given away to demonstrate the characteristics of the food.
ATCP 75.04(22)
(22) “
Micro market” means any indoor, unstaffed, self-service area that is accessible only to persons authorized by the person in control of the premises and not accessible to the general public, where a customer may obtain unit servings of food or beverage, either in bulk or in package before payment at an automated kiosk or by other automated method, without the necessity of replenishing the area between each transaction. “Micro market” does not include a vending machine and does not include a device which dispenses only bottled, prepackaged, or canned soft drinks, a one-cent vending device, a device only dispensing candy, gum, nuts, nut meats, cookies, or crackers, or a device dispensing only prepackaged Grade A pasteurized milk products.
ATCP 75.04(23)
(23) “
Micro market operator” means the person maintaining a place of business in the state and responsible for the operation of one or more micro markets.
ATCP 75.04(24)
(24) “
Mobile retail food establishment” has the meaning of “mobile food establishment” given in ch.
ATCP 75 Appendix part 1-201.10 (B).
ATCP 75.04(25)
(25) “
Mobile or transient retail food establishment-not serving meals” means any of the following:
ATCP 75.04(25)(a)
(a) A mobile retail food establishment, as defined in sub.
(24), or a transient retail food establishment, as defined in sub.
(39), where food processing is conducted primarily for direct retail sale of “time/temperature control for safety food” to consumers at the mobile or transient facility, and does not prepare, serve, or sell any meals.
ATCP 75.04(25)(b)
(b) A mobile retail food establishment, as defined in sub.
(24), or a transient retail food establishment, as defined in sub.
(39), from which food is sold to consumers at retail, whether or not that mobile or transient facility sells “time/temperature control for safety food” or processes food, and does not prepare, serve, or sell any meals.
ATCP 75.04(26)
(26) “
Mobile or transient retail food establishment-serving meals” means a mobile retail food establishment, as defined in sub.
(24), or a transient retail food establishment, as defined in sub.
(39), that prepares, serves, or sells any meals.
ATCP 75.04(27)
(27) “
New retail food establishment” means a retail food establishment not previously operated by the current license applicant.
ATCP 75.04(28)
(28) “Occasional” or “occasionally” means not more than 12 days for non-meal food sales and not more than 3 days for meal food sales during any licensing year.
ATCP 75.04(30)
(30) “
Personal Chef” means an individual hired to prepare meals in a person's private home for that individual, their family, or non-paying guests.
ATCP 75.04(31)
(31) “
Potluck” means an event to which all of the following conditions apply:
ATCP 75.04(31)(a)
(a) Attendees of the event provide food and beverages to be shared with other attendees and consumed at the event.
ATCP 75.04(31)(b)
(b) No compensation is provided to any person who conducts or assists in providing the event or who provides food and beverages to be shared at the event, and no compensation is paid by any person for consumption of food or beverages at the event.
ATCP 75.04(31)(c)2.
2. A religious, fraternal, youth, or patriotic organization or service club.
ATCP 75.04(32)
(32) “
Retail” means selling food or food products directly to any consumer only for consumption by the consumer or the consumer's immediate family or non-paying guests.
ATCP 75.04(33)
(33) “
Retail food establishment” includes all of the following:
ATCP 75.04(33)(e)
(e) Mobile or transient retail food establishment - not serving meals as defined in sub.
(25).
ATCP 75.04(33)(f)
(f) Mobile or transient retail food establishment - serving meals as defined in sub.
(26).
ATCP 75.04(34)
(34) “
Retail food establishment- not serving meals” means any of the following:
ATCP 75.04(34)(a)
(a) A permanent retail food establishment where food processing is conducted primarily for direct retail sale of “time/temperature controlled for safety food” to consumers at the facility, and the total non-meal sales exceed 50% of all retail food sales.
ATCP 75.04(34)(b)
(b) A permanent retail food establishment from which food is sold to consumers at retail, whether or not that facility sells “time/temperature controlled for safety food” or processes food, and the total non-meal sales exceed 50% of all retail food sales.
ATCP 75.04(35)
(35) “
Retail food establishment- serving meals” means a permanent retail food establishment operating as a restaurant where the total meal sales exceed 50% of all retail food sales. A retail food establishment- serving meals includes any building, room, or place where meals are prepared, served, or sold to the general public and all places used in connection with the building, room, or place; and any public or private school lunchroom for which food service is provided by contract. A retail food establishment- serving meals does not include any of the following:
ATCP 75.04(35)(a)
(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.
ATCP 75.04(35)(b)
(b) Non-profit organizations, under
26 USC 501 (c), including churches, religious, fraternal, youth, or patriotic organizations; service clubs; and civic organizations that occasionally prepare, serve, or sell meals to transients or the general public.
ATCP 75.04(35)(c)
(c) Any public or private school lunchroom for which food service is directly provided by the school.
ATCP 75.04(35)(f)
(f) Any college campus as defined in s.
36.05 (6m), Stats., institution as defined in s.
36.51 (1) (b), Stats., or technical college that serves meals only to the students enrolled in the college campus, institution, or school or to authorized elderly persons under s.
36.51 or
38.36, Stats.
