Chapter ATCP 75

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) (c) The event is sponsored by any of the following:

ATCP 75.04(31)(c)1. 1. A church.

ATCP 75.04(31)(c)2. 2. A religious, fraternal, youth, or patriotic organization or service club.

ATCP 75.04(31)(c)3. 3. A civic organization.

ATCP 75.04(31)(c)4. 4. A parent-teacher organization.

ATCP 75.04(31)(c)5. 5. A senior citizen center or organization.

ATCP 75.04(31)(c)6. 6. An adult day care center.

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)(a) (a) Retail food establishment-not serving meals as defined in sub. (34).

ATCP 75.04(33)(b) (b) Retail food establishment-serving meals as defined in sub. (35).

ATCP 75.04(33)(c) (c) Vending machine as defined in sub. (40).

ATCP 75.04(33)(d) (d) Micro market as defined in sub. (22).

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(33)(g) (g) Retail food establishment serving prepackaged meals as defined in sub. (36).

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)(d) (d) Bed and breakfast establishments.

ATCP 75.04(35)(e) (e) A licensed vending machine that serves food or beverages.

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(35)(h) (h) A potluck event.

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) (37) 

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)(a)1. 1. Neighborhood associations.

ATCP 75.04(37)(a)2. 2. Religious groups.

ATCP 75.04(37)(a)3. 3. Cultural groups.

ATCP 75.04(37)(a)4. 4. Political parties.

ATCP 75.04(37)(a)5. 5. Churches.

ATCP 75.04(37)(a)6. 6. Schools.

ATCP 75.04(37)(a)7. 7. Sports teams.

ATCP 75.04(37)(a)8. 8. Fraternal organizations.

ATCP 75.04(37)(a)9. 9. Non-profit organizations.

ATCP 75.04(37)(a)10. 10. City, county, state or federal governments.

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(38) (38) “Time/temperature control for safety food” or “TCS food” has the meaning given in ch. ATCP 75 Appendix part 1-201.10 (B).

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(41) (41) “Vending machine location” has the meaning in s. 97.01 (15w), Stats.

ATCP 75.04(42) (42) “Vending machine operator” has the meaning prescribed in s. 97.01 (15y), Stats.

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 History History: 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.

subch. II of ch. ATCP 75 Subchapter II — Licensing and Fees

ATCP 75.06 ATCP 75.06 Retail food establishments; licensing.

ATCP 75.06(1) (1) License required. Except as provided under s. ATCP 75.063, no person may operate a retail food establishment without a valid license issued by the department or its agent. Issuance of a retail food establishment license shall be done in accordance with all of the following:

ATCP 75.06(1)(a) (a) Each retail food establishment shall have a separate license.

ATCP 75.06(1)(b) (b) The current retail food establishment license issued by the department or its agent shall be posted in a place visible to the general public. A license may not be altered or defaced.

ATCP 75.06(1)(c) (c) A retail food establishment license is not transferable between persons or establishments.

ATCP 75.06 Note Note: An agent, as defined in s. ATCP 75.04(4), has authority under s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the agent. The operator of a retail food establishment licensed by an agent should contact the agent for its license fee schedule.

ATCP 75.06(2) (2) License duration and renewal.

ATCP 75.06(2)(a) (a) Each license issued under this subchapter expires on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year, except when any of the following conditions exist:

ATCP 75.06(2)(a)1. 1. The agent of a city of the 1st class may issue to a retail food establishment the license required under sub. (1) at any time during the year. A license issued under this subdivision shall expire one year from the date of its issuance.

ATCP 75.06(2)(a)2. 2. The license holder may request an extension to the term of a license, issued under par. (a) by the agent of a city of the 1st class, for the purpose of aligning the annual term of any other license or permit issued to that retail food establishment with the annual term of a license to be issued to that retail food establishment under subd. 1. The agent may require the license holder that receives an extension under this subdivision to pay a prorated fee in an amount determined by dividing the license fee imposed under s. 97.41 (4), Stats., by 12 and multiplying the quotient by the number of months by which the license issued under par. (a) is extended under this subdivision.

ATCP 75.06(2)(b) (b) Each license shall be renewed annually as provided in sub. (3).

ATCP 75.06(2)(c) (c) Transient retail food establishment licenses shall be valid for a period not to exceed 14 days in conjunction with a specific special event.

ATCP 75.06(3) (3) License application and renewal.

ATCP 75.06(3)(a) (a) Initial license. A person applying for a retail food establishment license shall apply on a form provided by the department or its agent. The applicant shall fully complete the application form and send it with all applicable fees required under this section and any previous fees due to the department.

ATCP 75.06 Note Note: To obtain a copy of the retail food establishment license application form, or to determine which agent to contact for an application form, call [phone] or send an email to [e-mail].

ATCP 75.06(3)(b) (b) License renewal. To renew the license of a retail food establishment, the license holder shall pay the fee, specified under Table ATCP 75.08 B, to the department before the license expires, along with any previous fees due to the department. If the license holder does not make the payment to renew the license of a retail food establishment to the department before the license expiration date, the late fee specified under Table ATCP 75.08 B shall be paid in addition to the license fee.

ATCP 75.06 Note Note: Contact the department at [phone] for questions regarding a retail food establishment license renewal or to determine which agent to contact.

ATCP 75.06(3)(c) (c) Refusal of license issuance or renewal. The department or its agent may refuse to issue or renew a license to operate a retail food establishment under any of the following circumstances:

ATCP 75.06(3)(c)1. 1. The department or its agent has not conducted a pre-licensing inspection of a new retail food establishment.

ATCP 75.06(3)(c)2. 2. The license holder has not corrected a violation for which the department or agent has issued a written health or safety related order at the retail food establishment.

ATCP 75.06(3)(c)3. 3. The license holder has not paid all applicable fees under s. ATCP 75.08, including the permit fee, pre-licensing fee, reinspection fee, or other applicable fees.

ATCP 75.06(3)(c)4. 4. The license holder or applicant has modified, repaired, or maintained the retail food establishment in a manner that does not comply with ch. ATCP 75 Appendix.

ATCP 75.06(3)(c)5. 5. The license holder or applicant has violated ch. 97, Stats., ch. ATCP 75, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the retail food establishment.

ATCP 75.06(4) (4) Action on license application. Within 30 business days after the department or its agent receives a complete license application, the department or its agent shall do one of the following:

ATCP 75.06(4)(a) (a) Grant the application.

ATCP 75.06(4)(b) (b) Deny the application. If the department or its agent denies the application it shall give the applicant written notice specifying the reasons for the denial.

ATCP 75.06(5) (5) Pre-licensing inspection.

ATCP 75.06(5)(ag) (ag) Except as specified in par. (am), (b), or (c), the department or its agent may not issue a license for a new retail food establishment until it conducts a pre-licensing inspection of the new retail food establishment for compliance with this chapter and all fees in Table ATCP 75.08 B have been paid, including any applicable pre-licensing fee.

ATCP 75.06(5)(am) (am) A pre-licensing inspection may not be conducted for a transient retail food establishment, vending machine, or vending machine operator.

ATCP 75.06(5)(b) (b) A pre-licensing inspection may not be conducted and a pre-licensing fee may not be charged under any of the following conditions:

ATCP 75.06(5)(b)1. 1. An individual license holder transfers ownership of the retail food establishment to an immediate family member, as defined in s. 97.605 (4) (a) 2., Stats.

ATCP 75.06(5)(b)2. 2. A retail food establishment remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued retains an ownership interest in the newly formed sole proprietorship or business entity that will be the license holder.

ATCP 75.06(5)(b)3. 3. A mobile retail food establishment license holder transfers from an agent issued license to a State-issued license.

ATCP 75.06(5)(c) (c) Initial inspection of micro-market. The department or its agent may issue a license for a new retail food establishment that is a micro-market before it inspects the new retail food establishment that is a micro-market for compliance with this chapter. Before one year after the date that the department or its agent issues a license for a new retail food establishment that is a micro-market, it shall inspect the new retail food establishment for compliance with this chapter.

ATCP 75.06(6) (6) Conditional license. Except as provided in s. 93.135, Stats., the department may condition the initial issuance, renewal, or continued validity of a license issued under this section upon the requirement that the license holder correct a violation of this chapter and ch. ATCP 75 Appendix, s. 97.605, Stats., or ordinances adopted under s. 97.615 (2) (g), Stats., within a period of time specified by the department or its agent. If the condition is not met within the specified time or after an extension of time as approved by the department or its agent, the license is void. No person may operate a retail food establishment after a license has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. A license holder, whose license is voided under this paragraph, may appeal the decision under s. ATCP 75.14 or 75.16. The license holder may reapply for a new license when they have met requirements under this chapter.