reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.06 - Terms of the contract

Current through June 24, 2024
(1) If the department accepts the proposed
				program plan from the local health department, the department shall prepare a
				contract to be signed by both parties, whereby the agent agrees to comply with
				this chapter and chs.
				ATCP 72, 73, 75, 76, 78, and 79
				and ch. ATCP 75 Appendix, and has met all the conditions in the accepted
				program plan, including enactment of local ordinances that adopt the
				department's rules, by reference, or are at least as stringent and do not
				conflict with the department's rules.
(2) The contract shall be in effect for three
				fiscal years unless otherwise specified, and shall remain in effect during the
				three fiscal years unless specifically terminated, revoked, or suspended, as
				provided in the contract. The department shall issue contracts for future
				contract periods to the agent by January 1 of the last fiscal year of the
				current contract. The agent shall commit to continue as the department's agent
				for the future contract period, by signing and returning the contract by March
				1 of the last fiscal year of the current contract.
(3) Either party may terminate the contract
				by providing written notice of termination to the other party at least 90 days
				before the termination is to take effect.
(4) When the contract is signed by both
				parties, the local health department shall assume authority and the
				responsibility to enforce the provisions of ss.
				97.30,
				97.617,
				and
				97.67,
				Stats., and chs.
				ATCP 72, 73, 74, 75, 76, 78, and
				79 and ch. ATCP 75 Appendix. The agent program shall issue licenses and perform
				all inspections necessary to enforce these statutes and rules.
(5) Upon execution of the contract, the
				department shall discontinue all licensing and enforcement activities in the
				agent's jurisdiction, for the period of time the contract is in effect,
				pursuant to ss.
				97.30
				and
				97.65,
				Stats.
(6) Notwithstanding subs.
				(4) and (5), the department may act, pursuant to ss. 97.41(8) and
				97.615(2)
				(h), Stats., to take appropriate inspection
				or enforcement action or both if the department has determined that the agent
				program has not acted expeditiously or appropriately to take such
				action.
(7) Whenever feasible, the
				department shall provide notice to an agent program at least one fiscal year
				before making any changes to department policies and procedures not specified
				in the contract that would adversely affect the budget of an agent
				program.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.08 - Staffing

Current through June 24, 2024
(1) The agent program shall have sufficient
				employees to implement the program according to the terms of the agent
				program's contract with the department.
(2) Sanitarians employed by agent programs
				shall meet one of the following requirements:
(a) Is RS-eligible, which means having met
				one of the following criteria:
1. Holding a
				baccalaureate or higher degree in environmental health from an accredited
				college or university and completing at least 30 semester or 45-quarter hour
				academic credits in environmental, physical, biological, chemical, or
				environmental health courses.
2.
				Holding a baccalaureate or higher degree in physical or biological sciences
				from an accredited college or university and completing at least 30 semester or
				45 quarter hour academic credits in environmental, physical, biological,
				chemical, or environmental health courses.
3. Holding a baccalaureate or higher degree
				from an accredited college or university.
4. Holding an associate degree from an
				accredited college, community college. or technical institute in environmental,
				physical, biological, or chemical sciences.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.10 - Inspections

Current through June 24, 2024
(1) Agent program sanitarians shall inspect
				all establishments covered in the contract for compliance with s.
				97.30,
				Stats., subchs. III and IV of ch. 97, Stats., and chs.
				ATCP 72, 73, 75, 76, 78, and 79
				and ch. ATCP 75 Appendix.
(2) The
				agent program shall follow standard inspection methods and procedures
				prescribed by the department.
(3)
				Each fiscal year the agent shall conduct one routine inspection of each
				licensed establishment under its jurisdiction, except for vending machines and
				temporary retail food establishments. The agent may propose a different
				inspection frequency to the department which may only be implemented if
				approved by the department in writing.
(4) The agent program shall collect food and
				water samples as necessary or as requested by the department.
(5) The agent program shall perform a
				pre-licensing inspection of a license applicant's establishment for compliance
				with all applicable ordinances, rules, and statutes. The pre-licensing
				inspection shall be conducted before the applicant is issued a license and
				conducts business.
(6) The
				department may conduct inspections at an establishment in an agent program's
				jurisdiction for all of the following purposes:
(a) Training or standardization of department
				staff or agent program staff.
(b)
				In response to an emergency.
(c)
				For monitoring and evaluating the agent program's licensing, inspection, and
				enforcement program.
(d) At the
				request of the agent program.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.12 - Complaint investigations

Current through June 24, 2024
(1) An agent
				program shall investigate every complaint that it receives against any licensee
				under its jurisdiction. The agent shall prioritize and investigate complaints
				according to the procedures in this section and procedures adopted by the agent
				program under the contract with the department. The complaints shall be
				addressed in decreasing order of priority as follows:
(a) An allegation indicating a serious or
				imminent public health hazard is associated with a licensee or establishment
				under the agent program's jurisdiction.
(b) An allegation indicating a potential
				public health problem, that is neither a serious or imminent public health
				hazard, is associated with a licensee or establishment under the agent
				program's jurisdiction.
(c) An
				allegation of a violation, not indicating a public health hazard, associated
				with a licensee or establishment under the agent program's
				jurisdiction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.14 - Evaluation and training

Current through June 24, 2024
(1) At least once each year, the agent
				program shall submit a self-assessment in a format determined by the
				department. The department shall evaluate the agent program based on the
				following required information in the self-assessment:
(a) The agent program's compliance with the
				contract terms.
(b) The agent
				program's progress in meeting program standards adopted by the
				department.
(c) The agent program's
				records and reports required pursuant to s. ATCP 74.20.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.16 - Enforcement and sampling

Current through June 24, 2024
(1) The agent
				program shall take necessary actions to enforce the provisions of s.
				97.30,
				Stats., and subchs. III and IV of ch. 97, Stats., and related administrative
				rules in chs.
				ATCP
				70, 72, 73, 75, 76, 78, and 79 and ch. ATCP 75
				Appendix, and any local ordinances or regulations, adopted pursuant to ss.
				97.41(7) and
				97.615(2)
				(g), Stats., for establishments over which
				the agent program has been delegated authority under the contract between the
				department and the agent program.
(2) Enforcement actions may include license
				revocation; license suspension; fines or civil forfeitures; orders to close;
				temporary or final hold orders on equipment, food, processes, or
				establishments; and the placement of conditions on licenses.
(3) The agent program shall maintain a
				written enforcement policy that is distributed to its inspection staff and
				shall make it available to the department during evaluations, whenever it is
				substantively changed, or upon request.
(4) The agent program shall notify the
				department, in writing within 10 days, after taking any enforcement action
				against an establishment involving license suspension, license revocation, or
				court or administrative actions.
(5) The agent program shall be responsible
				for costs incurred in enforcement actions taken in the agent program's
				jurisdiction.
(6) The agent program
				shall take samples requested by the department.
(7) The agent program may conduct any
				requested sample analyses in a laboratory certified by the department, pursuant
				to ch. ATCP 77 for those analyses. All costs associated with collecting and
				testing these samples shall be assumed by the agent program.
(8) The agent program shall share laboratory
				results with the department.
(9)
				Agent programs that do not have the laboratory capability to perform required
				analyses, or choose not to perform those analyses, shall submit samples to the
				department's bureau of laboratory services for analysis. The agent program
				shall assume the cost of collecting samples and shipping them to the
				department's laboratory. The department shall assume the cost of the laboratory
				analysis of those samples.
(10) If
				the department has notified an agent program of deficiencies by any licensee,
				in complying with the enforcement provisions of this chapter or any other rules
				or statutes applicable under the contract, and that agent program does not act
				expeditiously or take effective action with the licensee, the department may
				act, pursuant to ss.
				97.12, and
				97.65,
				Stats., to enforce compliance with this chapter.
(11) The agent, if requested by the
				department, shall conduct effectiveness checks after product recalls or other
				situations in which a license holder is required to remove food from sale or
				service.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.18 - Reimbursement and other payments for services

Current through June 24, 2024
(1) DEPARTMENT
				REIMBURSEMENT TO AGENTS.
(a) By September 30
				of each fiscal year, the department shall reimburse agent programs for
				inspecting vending machines during the previous fiscal year under terms and
				conditions specified in the contract. The department shall, upon written
				request, provide any agent with information on how to request reimbursement.
(am) Fee reimbursements for the
				inspection of vending machines that have moved from one agent program's
				jurisdiction to another shall be credited to the agent program making the first
				inspection during the fiscal year.
(b) The reimbursement rate may not exceed 20%
				of the state license fees the department sets by administrative rule for the
				types of establishments that the agent issues licenses. The calculation of the
				state fees is based on state license fees only, not pre-inspection and
				reinspection fees. The current reimbursement rate is set within these limits by
				the contract.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.20 - Reports and records

Current through June 24, 2024
(1) An agent program shall retain complete
				and accurate records including, but not limited to, copies of all reports and
				inspections, follow-up inspections, sampling, and all orders, for a minimum of
				three years after completion, and longer if required by applicable statutes,
				rules, or local ordinances. The records shall include accurate records of all
				licenses and license holders, license fee revenues, inspection charges,
				complaints, complaint investigations, and all program costs.
(2) The agent program shall accurately and
				completely document the cost of the agent's program that is administered under
				the contract with the department. The cost may include direct costs for
				licensing, inspection, complaint handling and investigation, enforcement,
				information management, reporting, and any other activities carried out within
				the limits of the contract with the department. The costs may also include
				documented indirect costs normally associated with the program. These costs may
				include staff, equipment, facilities, contract service, and other documented
				costs allocated to the program.
(3)
				The agent program shall provide upon the department's written request all
				information necessary to monitor the agent program's detailed costs and
				revenues as specified in s. ATCP 74.20(2), agent program performance and
				activities, and the status of regulated facilities.
(4) The agent program shall submit to the
				department by the 10th of each month the following specific information:
(a) All new licensees under the contract
				within the preceding month.
(b) All
				changes in the license status of existing establishments during the previous
				month.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.22 - Licensing and standards

Current through June 24, 2024
(1) The agent program shall issue licenses in
				its jurisdiction, in accordance with s.
				97.30,
				Stats., and subchs. III and IV of ch. 97, Stats., and shall ensure that no
				person in its jurisdiction, subject to regulation under those statutes,
				operates an establishment without a valid license except:
(a) Mobile retail food establishments,
				operating in more than one jurisdiction, shall be licensed by the department,
				pursuant to s.
				97.30(2)
				(a), Stats.
1. If the mobile retail food establishment
				has a service base, as defined in ch. ATCP 75 Appendix Part 1-201.10 (B),
				located within an agent's jurisdictional boundary, the agent shall issue the
				service base license.
2. The agent
				may charge an inspection fee for any inspection of a department-licensed mobile
				retail food establishment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.26 - Contract termination, revocation, refusal to renew, or suspension

Current through June 24, 2024
(1) An
				agent program may terminate the contract upon 90 days written notice to the
				department. The notice shall specify the reason or reasons for the termination
				and the last day, not to exceed the term of the current contract, that the
				agent program will maintain its agent status.
(2) If the department finds that the agent
				program has failed to comply with this chapter, with the conditions in ss.
				97.30,
				97.41, Stats., or subch. III or IV of ch. 97, Stats., or with the terms and
				conditions of the contract, the department may revoke the agent program's agent
				status as provided in s. 97.41(2), Stats., upon 90 days written notice to the
				agent program, or refuse to renew a contract for the next contract period. The
				notice shall specify the reason or reasons the agent program has had its agent
				status revoked or refused to renew, and shall specify the last day in which the
				local health department may operate an agent program.
(3) If the department determines that it is
				necessary to suspend an agent program's contract to protect public health or
				safety, the department may immediately suspend the contract upon written notice
				to the agent program.
(4) The agent
				program, following a revocation, refusal to renew, or suspension, may request a
				hearing if it is requested in writing by the agent program within 10 days of
				the department's written notice. A final decision, after hearing, on a
				revocation or refusal to renew shall be issued by the department before the
				last day of the contract, specified in the department's written notice. If a
				hearing on a suspension is requested, the department shall hold it within 15
				days after the department receives that request, unless the parties agree to an
				extension. Any suspension shall continue until such time as the department has
				issued a final decision.
Note:
Chapter
				  ATCP
				  74 is repealed and recreated effective 5-27-18. Prior
				  to 5-27-18 it reads:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter I - Definitions and General Provisions › Section ATCP 75.01 - Authority and purpose

Current through June 24, 2024
(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.
(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.
(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:
(a) Compliance with food-contact surface
				  requirements in ch. ATCP 75 Appendix part 4-101.
(b) Compliance with requirements for cooling,
				  heating, and holding temperature capability in equipment, under ch. ATCP 75
				  Appendix part 4-301.11.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter I - Definitions and General Provisions › Section ATCP 75.02 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter, including
				  ch. ATCP 75 Appendix, apply to any retail food establishment as defined in this
				  chapter.
(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).
Subchapter II of ch. ATCP 74 was repealed. This provision
						will be treated in future rulemaking.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter I - Definitions and General Provisions › Section ATCP 75.03 - Adoption of Wisconsin food code

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.06 - Retail food establishments; licensing

Current through June 24, 2024
(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:
(a)
				  Each retail food establishment shall have a separate license.
(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.
(c) A retail food
				  establishment license is not transferable between persons or establishments.
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.063 - Retail food establishments; license exemptions

Current through June 24, 2024
A retail food establishment license is not required under
					 s.
					 97.30(2)
					 (b), Stats., or this section for any of the
					 following:
(1) A retail food
				  establishment that sells only packaged foods or fresh fruits and vegetables,
				  provided the establishment does not sell "time/temperature control for safety
				  food" and does not engage in food processing.
(2) A retail food establishment operated by a
				  person holding a food processing plant license under s.
				  97.29,
				  Stats., if all the following apply:
(a) The
				  person operates the retail food establishment at the same location as the
				  licensed food processing plant.
(b)
				  Sales from the retail food establishment are included in the computation of the
				  food processing plant license fee under s.
				  ATCP
				  70.06.
(c)
				  Retail food sales from that location comprise no more than 25% by dollar volume
				  of all food sales from that location.
(d) The operator of the food processing plant
				  is not engaged in the activity of a retail food establishment - serving
				  meals.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.065 - Retail food establishments; license exemption for food processing

Current through June 24, 2024
(1) A license
				  holder may wholesale up to 25% of the gross annual sales of food that is
				  manufactured and used in the retail food establishment without obtaining an
				  additional food processing plant license under ch. ATCP 70. This exemption does
				  not allow the manufacturing for wholesale or distribution of any of the
				  following:
(a) Food that must be processed,
				  in compliance with 21 CFR 108, 113, 114, in hermetically sealed
				  containers.
(b) Dairy products or
				  amenable meat and poultry products, except as allowed in ch. ATCP 55.
(c) Food processed at a mobile or transient
				  retail food establishment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.067 - License holder responsibilities

Current through June 24, 2024
Upon acceptance of the license issued by the department or
					 its agent, the license holder shall do all of the following in order to retain
					 the license:
(1) Comply with the
				  provisions of this chapter and ch. ATCP 75 Appendix, including the conditions
				  of a variance granted as specified in ch. ATCP 75 Appendix part
				  1-106.14.
(2) If a license holder
				  is required to operate with a HACCP plan, under ch. ATCP 75 Appendix part
				  1-106.11, it shall comply with the plan as specified in ch. ATCP 75 Appendix
				  part 1-106.14.
(3) Immediately
				  contact the department or its agent to report an illness of a food employee or
				  conditional employee as specified in ch. ATCP 75 Appendix part
				  2-201.11(B).
(4) Immediately
				  discontinue operations and notify the department or its agent if an imminent
				  health hazard may exist.
(5)
				  Replace existing facilities and equipment that no longer comply with the
				  criteria set forth in ch. ATCP 75 Appendix.
(6) Comply with directives of the department
				  or its agent including deadlines for taking corrective actions specified in
				  inspection reports, notices, orders, warnings, and other directives issued by
				  the department or its agent for the license holder's retail food establishment
				  or in response to community emergencies.
(7) Accept notices issued and served by the
				  department or its agent according to law.
(8) Be subject to the administrative, civil,
				  injunctive, and criminal remedies authorized in law for failure to comply with
				  ch. ATCP 75 Appendix, and any other directive of the department or its agent,
				  including deadlines for corrective actions specified in inspection reports,
				  notices, orders, warnings, and other directives.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.07 - Mobile retail food establishment base; licensing

Current through June 24, 2024
(1) Except for a
				  mobile retail food establishment that operates only as a transient retail food
				  establishment, each mobile retail food establishment shall have a base with its
				  own license. The license holder shall submit a copy of the base license to the
				  department or its agent upon application for a mobile retail food establishment
				  license.
(2) The base shall be
				  appropriate to support all the activities that will occur at the mobile retail
				  food establishment, such as food preparation activities, cleaning and
				  sanitization, storage, water and waste water handling and disposal.
(3) The license holder shall post a copy of
				  the base license in a visible location in the mobile retail food
				  establishment.
(4) The license
				  holder shall provide a regulatory authority inspection report from the last 12
				  months for the base location upon request by the department or its
				  agent.
(5) The license holder shall
				  provide a copy of the schedule for the use of the base to the department or its
				  agent upon request.
(6) The license
				  holder, upon the department or its agent's request, shall provide details
				  showing how the license holder will store, prepare, and hold for service, food
				  in the mobile retail food establishment.
(7) The department and its agent shall honor
				  a current base license from another state, if the license holder meets the
				  relevant conditions under this section.
(8) The department may grant a variance, as
				  specified in ch. ATCP 75 Appendix part 1-104.11, for a mobile food
				  establishment to operate without a licensed base.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.075 - Plan review

Current through June 24, 2024
(1) APPROVAL REQUIRED. An applicant or
				  license holder of a new or extensively remodeled retail food establishment
				  shall submit a retail food establishment plan to the department or its agent.
				  The department or its agent may require an applicant or license holder to
				  submit this documentation when a change of ownership has occurred. An applicant
				  or license holder shall obtain plan approval from the department or its agent
				  before any of the following occurs:
(a) The
				  applicant or license holder begins construction of a retail food
				  establishment.
(b) The license
				  holder modifies or extensively remodels a retail food
				  establishment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter II - Licensing and Fees › Section ATCP 75.08 - Retail food establishment fees

Current through June 24, 2024
(1) LICENSE
				  CATEGORY ASSIGNMENT.
(a)
Criteria.
1. Except for a
				  retail food establishment serving only prepackaged foods or meals, a transient
				  retail food establishment, a vending machine, a micro market, or a mobile
				  retail food establishment base with no food preparation, the department or its
				  agent shall assign a retail food establishment to a license category by
				  evaluating the complexity of the retail food establishment based on the
				  criteria specified in Table A in this section.
2. The department or its agent shall assign a
				  retail food establishment, whose point value is not greater than 2.5, to the
				  simple license category.
3. The
				  department or its agent shall assign a retail food establishment, whose point
				  value is more than 2.5, but not greater than 4.5, to the moderate license
				  category.
4. The department or its
				  agent shall assign a retail food establishment, whose point value is 4.5 or
				  more, to the complex license category.
5. If the department or its agent orders a
				  retail food establishment closed, or it has caused a foodborne illness
				  outbreak, the department or its agent shall immediately assign the retail food
				  establishment to the complex category for the current and following licensing
				  year. If no further outbreaks or closures occur, the department or its agent
				  may reduce the license to the appropriate license category assignment.
Note:
The cause of a foodborne illness
					 outbreak is determined using standard epidemiological
					 practices.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter III - Enforcement and Appeals › Section ATCP 75.10 - Enforcement

Current through June 24, 2024
(1) INSPECTIONS AND ACCESS TO THE PREMISES.
(a)
Inspections.
Under s.
				  97.12(1)
				  Stats., for the purpose of enforcing this chapter, the department and its
				  agents may, at reasonable hours, enter and inspect any premises for which a
				  license is required under this chapter or any farm, factory, warehouse,
				  building, room, establishment or place at or in which foods are manufactured,
				  processed, packed, packaged, stored or held for sale, and may enter any
				  vehicle, including a vehicle used to transport or hold foods in commerce. The
				  department and its agents may also secure samples or specimens, including
				  samples or specimens of food and any product or substance that may affect food,
				  examine and copy relevant documents and records, and obtain photographic and
				  other evidence needed to enforce this chapter or a rule promulgated under this
				  chapter. The department shall examine any samples secured and shall conduct
				  other inspections and examinations needed to determine whether there is a
				  violation of this chapter. The department shall pay or offer to pay the market
				  value of samples taken.
(b)
Reinspections.
The department or its agent may reinspect a
				  retail food establishment whenever an inspection or the investigation of a
				  complaint reveals the existence of a violation that is potentially hazardous to
				  the health and welfare of patrons or employees of the retail food
				  establishment. The time between an inspection, investigation, and a
				  reinspection shall be sufficient to allow the license holder time to correct
				  the deficiencies. The department shall charge a reinspection fee, according to
				  s.
				  ATCP 75.08 Table B or
				  the applicable charges as determined by an agent. If an additional reinspection
				  is required because the license holder has not corrected a violation, the
				  department shall assess the license holder an additional reinspection fee
				  according to s.
				  ATCP 75.08 Table B,
				  or the applicable charges as determined by an agent. The department may order
				  the license holder to show just cause why the license should not be suspended
				  or revoked under s.
				  ATCP
				  75.12.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter III - Enforcement and Appeals › Section ATCP 75.12 - Suspension or revocation of license

Current through June 24, 2024
The department may, by summary order and without prior
					 notice or hearing, suspend a license issued under this chapter if the
					 department finds that there has been a substantial failure to comply with the
					 applicable requirements of this chapter and the rules promulgated under this
					 chapter and that the continuation of the violations constitutes a serious
					 danger to public health. The order shall be in writing, have the force and
					 effect of an order issued under s.
					 93.18,
					 Stats., and is subject to right of hearing before the department, if requested
					 within 10 days after date of service.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter III - Enforcement and Appeals › Section ATCP 75.14 - Appeals of actions by the department; right of hearing

Current through June 24, 2024
If requested in writing within 10-days after date of the
					 service of an order, a hearing shall be conducted within 10 days after receipt
					 of a request for a hearing. Enforcement of the order shall not be stayed
					 pending action on the hearing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter III - Enforcement and Appeals › Section ATCP 75.16 - Appeals of actions by agent health departments

Current through June 24, 2024
If an agent issues a license under this chapter, the agent
					 shall create and follow enforcement and appeal procedures under s.
					 66.0417
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter IV - Standards for Retail Food Establishments › Section ATCP 75.18 - Qualifications of an authorized representative conducting inspections

Current through June 24, 2024
An authorized representative of the department or its agent
					 who inspects a retail food establishment or conducts a plan review for
					 compliance with ch. ATCP 75 and its Appendix shall meet the staffing
					 qualification requirements set forth in s.
					 ATCP
					 74.08.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter IV - Standards for Retail Food Establishments › Section ATCP 75.20 - Inspections

Current through June 24, 2024
(1) REFUSED INSPECTION; PROCESS. If a person
				  denies access to the department or its agent, the department or its agent shall
				  inform the person of all the following:
(a)
				  The license holder is required to allow access to the department or its agent
				  as specified under s.
				  ATCP
				  75.10(1).
(b) Access is a condition of the acceptance
				  and retention of a retail food establishment license to operate as specified
				  under s.
				  ATCP 75.06(3)
				  (c).
(c) If the license holder denies access to a
				  retail food establishment to an authorized representative of the department or
				  its agent, the department or its agent may apply for an inspection warrant to
				  allow access as provided in law under s.
				  66.0119,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.30 - Applicability

Current through June 24, 2024
(1) In addition to the specific requirements
				  of ch. ATCP 75, vending machines shall meet applicable requirements in chapters
				  1 to 7 in ch. ATCP 75 Appendix.
(2)
				  The provisions of this chapter apply to any vending machine offered for public
				  use, except a vending machine which dispenses only pastry items, which have a
				  pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under
				  standard conditions or are otherwise not time/temperature control for safety
				  foods, or prepackaged Grade A pasteurized milk or milk products.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.32 - Approval of vending machines and related equipment

Current through June 24, 2024
(1) APPROVAL
				  AUTHORITY. All vending machines and related equipment used at a vending machine
				  location shall be approved by the department, using construction criteria
				  developed by the National Sanitation Foundation (NSF) or the National Automatic
				  Merchandising Association (NAMA).
(2) INSPECTION FOR EVIDENCE OF APPROVAL.
				  Whenever an authorized representative or agent of the department inspects a
				  vending machine and finds that the vending machine does not contain an
				  identifiable license as required under s.
				  ATCP
				  75.06, the authorized representative or agent of the
				  department shall place the vending machine in a non-vend position by sealing
				  the money or credit card insert slot, as applicable. Failure of the operator to
				  maintain a non-vend condition until an authorized representative or agent of
				  the department is satisfied that the vending machine is properly licensed and
				  identified shall be cause for an action under ss.
				  97.65,
				  97.72, and
				  97.73,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.34 - Vending machine records

Current through June 24, 2024
(1) A vending machine location record shall
				  be maintained on file at the license holder's place of business within the
				  State. That record shall include all of the following location information for
				  each machine:
(a) Complete street address of
				  the building.
(b) The floor level
				  in the building.
(c) The room or
				  area on the floor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.36 - Maintenance and service connections

Current through June 24, 2024
(1) REPLACEMENT
				  PARTS. All replacement parts and tubing shall be equal to or exceed original
				  equipment specifications. Any clear tubing used shall be replaced with clear
				  tubing only. No part built in as a function of the vending machine may be
				  removed or bypassed.
(2) SERVICE
				  Connections.
(a)
Utility
				  openings.
All service connections through an exterior wall of the
				  machine, including water, gas, electrical and refrigeration connections, shall
				  be grommeted or closed to prevent the entry of insects and rodents.
(b)
Miscellaneous openings.
Miscellaneous openings into the cabinet and through the cabinet wall, other
				  than coin entrance, money or credit card slots, coin returns, and crown
				  pullers, but including openings for optional service connections or alternate
				  installations, shall be provided with effective closures by the manufacturer.
				  The closures shall be provided for these not-in-use openings, and shall be
				  easily identifiable, properly marked or adequately described in the instruction
				  manual for their intended use.
(c)
Disconnection safeguards.
All service connections to utilities
				  shall be of a type that will discourage their unauthorized or unintentional
				  disconnection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.38 - Sanitization

Current through June 24, 2024
(1) CLEANING AND SANITIZING FACILITIES.
				  Approved facilities for cleaning and sanitizing equipment shall be available
				  for each vending machine location or at a central location. At a central
				  location, product contact surfaces shall be protected from contamination during
				  storage, transportation, and installation. Facilities for cleaning and
				  sanitizing shall include either a permanently fixed three-compartment sink
				  large enough to accommodate the immersion of the largest equipment and utensil
				  or portable washing facilities such as a service wagon, metal or plastic pails,
				  or another mobile device which can be moved from one location to
				  another.
(2) Cleaned in place. In
				  machines designed so that food-contact surfaces are not readily removable, all
				  surfaces intended for in-place cleaning shall be designed and fabricated so
				  that all of the following conditions are met:
(a) Cleaning and sanitizing solutions can be
				  circulated throughout a fixed system using an effective cleaning and sanitizing
				  regimen.
(b) Cleaning and
				  sanitizing solutions will contact all food-contact surfaces.
(c) The system is self-draining or capable of
				  being completely evacuated.
(d) The
				  procedures used result in thorough cleaning and sanitizing of the
				  equipment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.40 - Waste disposal

Current through June 24, 2024
(1) REMOVAL. All trash and other food product
				  waste material shall be removed from the vending machine location as frequently
				  as may be necessary to prevent attracting vermin, or creating a nuisance and
				  unsightliness, and shall be disposed of in a manner that will not attract
				  insects or rodents.
(2) CONTAINERS.
				  Self-closing, leak-proof and easily cleanable refuse containers shall be
				  provided in the vicinity of each machine or machines to receive cartons,
				  wrappers, and other items of refuse.
(3) WASTE COLLECTION.
(a) Containers shall be provided within all
				  machines dispensing liquid products in bulk for the collection of drip,
				  spillage, overflow, and other internal wastes.
(b) An automatic shutoff device shall be
				  provided, which will place the vending machine out of operation before a
				  container overflows. The cutoff mechanism shall be set at a point to permit
				  removal of the waste container from the machine without spillage.
(c) Containers and surfaces on which wastes
				  may accumulate shall be readily removable for cleaning, easily cleanable, and
				  corrosion resistant.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter V - Vending Machines › Section ATCP 75.42 - Delivery of foods

Current through June 24, 2024
Foods, including beverages and ingredients, in transit to
					 vending machine locations shall be protected from contamination with dirt,
					 dust, insects, rodents, and other foreign material. Similar protection shall be
					 provided for single-service containers, as defined in ch. ATCP 75 Appendix part
					 1-201.10, and for the product contact surfaces of equipment, containers, and
					 devices in transit to machine locations.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter VI - Micro Markets › Section ATCP 75.44 - Applicability of rules

Current through June 24, 2024
This chapter and chapters 1 to 7 in ch. ATCP 75 Appendix,
					 except for Part 2-1, apply to a micro market, as defined in s.
					 ATCP
					 75.04(22).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter VI - Micro Markets › Section ATCP 75.46 - Location

Current through June 24, 2024
A micro market shall be located in the interior of a
					 building that is not accessible to the general public. Access to the micro
					 market shall be limited to a defined population of employees, guests, or
					 occupants of the building where the establishment is located.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter VI - Micro Markets › Section ATCP 75.48 - License holder responsibilities

Current through June 24, 2024
(1) REQUIREMENTS.
				  The license holder shall assure that all of the following conditions are met:
(a) Food is from sources that comply with
				  law.
(b) Packaged food is provided
				  in tamper-evident packaging.
(c)
				  Food is protected from potential sources of cross contamination.
(d) Food is maintained at safe temperatures
				  during storage, transport and display.