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 NoteNote: 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(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. ATCP 75.04(35)(g)(g) A concession stand at a locally sponsored sporting event, such as a little league game. ATCP 75.04(36)(36) “Retail food establishment serving prepackaged meals” means a retail food establishment-serving meals that only serves individually wrapped single food servings that are prepared and packaged off-premises by a food processing plant or retail food establishment, licensed under s. ATCP 75.06 (1), with preparation at the retail food establishment limited to heating and serving by establishment personnel. ATCP 75.04(37)(a)(a) “Special event” means a department-recognized event that is sponsored, planned, organized, and publicly advertised by organizations that include the following: ATCP 75.04(37)(b)(b) Special events are limited to gatherings of people for concerts; sporting events; trade shows; flea markets or farmers markets; public exhibitions by artists, craftsman, or vehicle enthusiasts; a fair, carnival, circus, or governmentally recognized celebration based on a specific calendar date such as a holiday or anniversary; or any other event approved by the regulatory agency. A “potluck” is not a “special event”. ATCP 75.04(39)(39) “Transient retail food establishment” means a temporary retail food establishment that operates at a fixed location in conjunction with a special event and sells or serves food for a period of no more than 14 consecutive days or in conjunction with an occasional sales promotion. ATCP 75.04(40)(40) “Vending machine” means any self-service device offered for public use that, 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 micro-market or 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. ATCP 75.04(43)(43) “Wholesale” means the sale of any food to a person or commercial entity who will either re-sell it, distribute it for re-sale, or use it as an ingredient in a product that will be offered for sale. “Wholesale” includes activities in which the processor relinquishes control of the food. “Wholesale” does not include the movement of food between two food processing plants or retail food establishments licensed to the same licensee, except for the movement of dairy products as specified in s. ATCP 65.04. ATCP 75.04 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (17m), (37) (a) made under s. 13.92 (4) (b) 1., Stats., and correction in (6), (12), (18), (21), (22), (37) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.06ATCP 75.06 Retail food establishments; licensing.
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