Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Appendix - Wisconsin Food Code › Chapter 1 - Purpose and Definitions › Part 1-2 - DEFINITIONS › Subpart 1-201 - Applicability and Terms Defined › Section 1-201.10 - Statement of Application and Listing of Terms

Current through June 24, 2024
(A) The
						  following definitions shall apply in the interpretation and application of this
						  Code.
(B) Terms Defined. As used in
						  this Code, each of the terms listed in ¶ 1-201.10 (B) shall have the
						  meaning stated below.
Accredited Program.
(1)
"Accredited program"
means a
						  FOOD protection manager certification program that has been evaluated and
						  listed by an accrediting agency as conforming to national standards for
						  organizations that certify individuals.
(2)
"Accredited program"
refers
						  to the certification process and is a designation based upon an independent
						  evaluation of factors such as the sponsor's mission; organizational structure;
						  staff resources; revenue sources; policies; public information regarding
						  program scope, eligibility requirements, re-certification, discipline and
						  grievance procedures; and test development and administration.
(3)
"Accredited program"
does
						  not refer to training functions or educational programs.
Additive.
(1)
"Food additive"
has the
						  meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (s) and
						  21
						  CFR 170.3(e) (1).
(2)
"Color additive"
has the
						  meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (t) and
						  21
						  CFR 70.3(f).
"Adulterated"
has the meaning stated in
							 s.
							 97.02,
							 Stats.
"Approved"
means acceptable to the
							 REGULATORY AUTHORITY based on a determination of conformity with principles,
							 practices, and generally recognized standards that protect public
							 health.
Asymptomatic.
(1)
"Asymptomatic"
means without
						  obvious symptoms; not showing or producing indications of a disease or other
						  medical condition, such as an individual infected with a pathogen but not
						  exhibiting or producing any signs or symptoms of vomiting, diarrhea, or
						  jaundice.
(2)
"Asymptomatic"
includes not showing symptoms because symptoms have
						  resolved or subsided, or because symptoms never manifested.
"aw"
means water
							 activity which is a measure of the free moisture in a FOOD, is the quotient of
							 the water vapor pressure of the substance divided by the vapor pressure of pure
							 water at the same temperature, and is indicated by the symbol
							 aw.
"Balut"
means an embryo inside a fertile
							 EGG that has been incubated for a period sufficient for the embryo to reach a
							 specific stage of development after which it is removed from incubation before
							 hatching.
"Beverage"
means a liquid for drinking,
							 including water.
"Bottled drinking water"
means water
							 that is SEALED in bottles, packages, or other containers and offered for sale
							 for human consumption, including bottled mineral water.
"Casing"
means a tubular container for
							 sausage products made of either natural or artificial (synthetic)
							 material.
"Certification number"
means a unique
							 combination of letters and numbers assigned by a SHELLFISH CONTROL AUTHORITY to
							 a MOLLUSCAN SHELLFISH DEALER according to the provisions of the National
							 Shellfish Sanitation Program.
"CFR"
means Code of Federal Regulations.
							 Citations in this Code to the CFR refer sequentially to the Title, Part, and
							 Section numbers, such as 40 CFR 180.194 refers to Title 40, Part 180, Section
							 194.
CIP.
(1)
"CIP"
means cleaned in place
						  by the circulation or flowing by mechanical means through a piping system of a
						  detergent solution, water rinse, and SANITIZING solution onto or over EQUIPMENT
						  surfaces that require cleaning, such as the method used, in part, to clean and
						  SANITIZE a frozen dessert machine.
(2)
"CIP"
does not
						  include the cleaning of EQUIPMENT such as band saws, slicers, or mixers that
						  are subjected to in-place manual cleaning without the use of a CIP
						  system.
"Commingle"
means:
(1) To combine SHELLSTOCK harvested on
						  different days or from different growing areas as identified on the tag or
						  label; or
(2) To combine SHUCKED
						  SHELLFISH from containers with different container codes or different shucking
						  dates.
Comminuted.
(1)
"Comminuted"
means reduced
						  in size by methods including chopping, flaking, grinding, or mincing.
(2)
"Comminuted"
includes FISH
						  or MEAT products that are reduced in size and restructured or reformulated such
						  as gefilte FISH, gyros, ground beef, and sausage; and a mixture of 2 or more
						  types of MEAT that have been reduced in size and combined, such as sausages
						  made from 2 or more MEATS.
"Conditional employee"
means a potential
							 FOOD EMPLOYEE to whom a job offer is made, conditional on responses to
							 subsequent medical questions or examinations designed to identify potential
							 FOOD EMPLOYEES who may be suffering from a disease that can be transmitted
							 through FOOD and done in compliance with Title 1 of the Americans with
							 Disabilities Act of 1990.
"Confirmed disease outbreak"
means a
							 FOODBORNE DISEASE OUTBREAK in which laboratory analysis of appropriate
							 specimens identifies a causative agent and epidemiological analysis implicates
							 the FOOD as the source of the illness.
"Consumer"
means a person who is a
							 member of the public, takes possession of FOOD, is not functioning in the
							 capacity of an OPERATOR of a FOOD ESTABLISHMENT or FOOD PROCESSING PLANT, and
							 does not offer the FOOD for resale.
Core Item.
(1)
"Core item"
means a
						  provision in this Code that is not designated as a PRIORITY ITEM or a PRIORITY
						  FOUNDATION ITEM.
(2)
"Core
						  item" i
ncludes an item that usually relates to general sanitation,
						  operational controls, sanitation standard operating procedures (SSOPs),
						  facilities or structures, equipment design, or general maintenance.
"Corrosion-resistant material"
means a
							 material that maintains acceptable surface cleanability characteristics under
							 prolonged influence of the FOOD to be contacted, the normal use of cleaning
							 compounds and SANITIZING solutions, and other conditions of the use
							 environment.
"Counter-mounted equipment"
means
							 EQUIPMENT that is not portable and is designed to be mounted off the floor on a
							 table, counter, or shelf.
"Critical control point"
means a point
							 or procedure in a specific FOOD system where loss of control may result in an
							 unacceptable health RISK.
"Critical limit"
means the maximum or
							 minimum value to which a physical, biological, or chemical parameter must be
							 controlled at a CRITICAL CONTROL POINT to minimize the RISK that the identified
							 FOOD safety HAZARD may occur.
"Cut leafy greens"
means fresh leafy
							 greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term
							 "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter
							 lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole,
							 endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy
							 greens" does not include herbs such as cilantro or parsley.
"Dealer"
means a PERSON who is
							 authorized by a SHELLFISH CONTROL AUTHORITY for the activities of SHELLSTOCK
							 shipper, shucker-packer, repacker, reshipper, or depuration processor of
							 MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish
							 Sanitation Program.
"Department"
means the department of
							 agriculture, trade and consumer protection as applicable.
"Disclosure"
means a written statement
							 that clearly identifies the animal-derived FOODS which are, or can be ordered,
							 raw, undercooked, or without otherwise being PROCESSED to eliminate pathogens,
							 or items that contain an ingredient that is raw, undercooked, or without
							 otherwise being PROCESSED to eliminate pathogens.
Drinking Water.
(1) "
Drinking water
" means water
						  that meets the requirements of ch. NR 809, Safe Drinking Water.
(2)
"Drinking water"
is
						  traditionally known as "potable water."
(3)
"Drinking water"
includes
						  the term "water"
except where the term used connotes that the water is
						  not potable, such as "boiler water," "mop water," "rainwater," "wastewater,"
						  and "nondrinking" water.
"Dry storage area"
means a room or area
							 designated for the storage of PACKAGED or containerized bulk FOOD that is not
							 TIME/TEMPERATURE CONTROLLED FOR SAFETY FOOD and dry goods such as
							 SINGLE-SERVICE items
Easily Cleanable.
(1)
"Easily cleanable"
means a
						  characteristic of a surface that:
(a) Allows
						  effective removal of soil by normal cleaning methods;
(b) Is dependent on the material, design,
						  construction, and installation of the surface; and
(c) Varies with the likelihood of the
						  surface's role in introducing pathogenic or toxigenic agents, allergens, or
						  other contaminants into FOOD based on the surface's APPROVED placement,
						  purpose, and use.
(2)
"Easily cleanable"
includes a tiered application of the criteria
						  that qualify the surface as EASILY CLEANABLE as specified in Subparagraph (1)
						  of this definition to different situations in which varying degrees of
						  cleanability are required such as:
(a) The
						  appropriateness of stainless steel for a FOOD preparation surface as opposed to
						  the lack of need for stainless steel to be used for floors or for tables used
						  for CONSUMER dining; or
(b) The
						  need for a different degree of cleanability for a utilitarian attachment or
						  accessory in the kitchen as opposed to a decorative attachment or accessory in
						  the CONSUMER dining area.
"Easily movable"
means:
(1) Portable; mounted on casters, gliders, or
						  rollers; or provided with a mechanical means to safely tilt a unit of EQUIPMENT
						  for cleaning; and
(2) Having no
						  utility connection, a utility connection that disconnects quickly, or a
						  flexible utility connection line of sufficient length to allow the EQUIPMENT to
						  be moved for cleaning of the EQUIPMENT and adjacent area.
Egg.
(1)
"Egg"
means the shell EGG of
						  avian species such as chicken, duck, goose, guinea, quail, RATITE, or
						  turkey.
(2)
"Egg"
does
						  not include:
(a) A BALUT;
(b) The EGG of reptile species such as
						  alligator; or
(c) An EGG
						  PRODUCT.
Egg Product.
(1)
"Egg Product"
means all, or
						  a portion of, the contents found inside EGGS separated from the shell and
						  pasteurized in a FOOD PROCESSING PLANT, with or without added ingredients,
						  intended for human consumption, such as dried, frozen or liquid EGGS.
(2)
"Egg Product"
does
						  not include FOOD which contains EGGS only in a relatively small proportion such
						  as cake mixes.
"Employee"
means the LICENSE HOLDER,
							 PERSON IN CHARGE, FOOD EMPLOYEE, PERSON having supervisory or management
							 duties, PERSON on the payroll, family member, volunteer, PERSON performing work
							 under contractual agreement, or other PERSON working in the FOOD
							 ESTABLISHMENT.
"EPA"
means the U.S. Environmental
							 Protection Agency.
Equipment.
(1)
"Equipment"
means an article
						  that is used in the operation of a FOOD ESTABLISHMENT such as a freezer,
						  grinder, hood, ice maker, MEAT block, mixer, oven, reach-in refrigerator,
						  scale, sink, slicer, stove, table, TEMPERATURE MEASURING DEVICE for ambient
						  air, VENDING MACHINE, or WARE-WASHING machine.
(2)
"Equipment"
does not
						  include apparatuses used for handling or storing large quantities of PACKAGED
						  FOODS that are received from a supplier in a cased or overwrapped lot, such as
						  hand trucks, forklifts, dollies, pallets, racks, and skids.
"Exclude"
means to prevent a PERSON from
							 working as an EMPLOYEE in a FOOD ESTABLISHMENT or entering a FOOD ESTABLISHMENT
							 as an EMPLOYEE.
"Existing"
in reference to a FOOD
							 ESTABLISHMENT, means a FOOD ESTABLISHMENT operating under a LICENSE issued by
							 the REGULATORY AUTHORITY before [the effective date of this code]
"FDA"
means the U.S. Food and Drug
							 Administration.
Fish.
(1)
"Fish"
means fresh or
						  saltwater finfish, crustaceans and other forms of aquatic life (including
						  alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and
						  the roe of such animals) other than birds or mammals, and all mollusks, if such
						  animal life is intended for human consumption.
(2)
"Fish"
includes an edible
						  human FOOD product derived in whole or in part from FISH, including FISH that
						  have been PROCESSED in any manner.
"Food"
means a raw, cooked, or PROCESSED
							 edible substance, ice, BEVERAGE, or ingredient used or intended for use or for
							 sale in whole or in part for human consumption, or chewing gum.
"Foodborne disease outbreak"
means the
							 occurrence of two or more cases of a similar illness resulting from the
							 ingestion of a common FOOD.
"Food-contact surface"
means:
(1) A surface of EQUIPMENT or a UTENSIL with
						  which FOOD normally comes into contact; or
(2) A surface of EQUIPMENT or a UTENSIL from
						  which FOOD may drain, drip, or splash:
(a)
						  Into a FOOD, or
(b) Onto a surface
						  normally in contact with FOOD.
"Food employee"
means an individual
							 working with unPACKAGED FOOD, FOOD EQUIPMENT or UTENSILS, or FOOD-CONTACT
							 SURFACES.
"Food Establishment"
(1)
"Food establishment"
means
						  an operation that:
(a) Stores, prepares,
						  PACKAGES, serves, vends food directly to the CONSUMER, or otherwise provides
						  FOOD for human consumption such as a restaurant as defined in s.
						  97.01(14g),
						  Stats.; satellite or catered feeding location; catering operation if the
						  operation provides FOOD directly to a CONSUMER or to a conveyance used to
						  transport people; market; vending location; institution; or FOOD bank;
						  and
(b) Relinquishes possession of
						  FOOD to a CONSUMER directly, or indirectly through a delivery service such as
						  home delivery of grocery orders or restaurant takeout orders, or delivery
						  service that is provided by common carriers.
(2)
"Food establishment"
includes:
An operation that is conducted in a mobile,
							 stationary, temporary, or permanent facility or location; where consumption is
							 on or off the PREMISES; and regardless of whether there is a charge for the
							 FOOD.
(3)
"Food
						  establishment"
does not include:
(a)
An establishment that offers only
						  prePACKAGED FOODS that are not TIME/TEMPERATURE CONTROL FOR SAFETY
						  FOODS;
(b)
A
						  produce stand that only offers whole, uncut fresh fruits and
						  vegetables;
(c)
A
						  FOOD PROCESSING PLANT; including those that are located on the PREMISES of a
						  FOOD ESTABLISHMENT;
(d)
A kitchen in a private home if only FOOD that is not TIME/TEMPERATURE
						  CONTROL FOR SAFETY FOOD, is prepared for sale or service at a function such as
						  a religious or charitable organization's bake sale if allowed by LAW and if the
						  CONSUMER is informed by a clearly visible placard at the sales or service
						  location that the FOOD is prepared in a kitchen that is not subject to
						  regulation and inspection by the REGULATORY AUTHORITY;
(e)
An area where FOOD that is
						  prepared as specified in Subparagraph (3)(d) of this definition is sold or
						  offered for human consumption;
(f)
A kitchen in a private home, such
						  as a small family day-care provider; or a bed-and-breakfast operation that
						  prepares and offers FOOD to guests if the home is owner occupied, the number of
						  available guest bedrooms does not exceed 8, breakfast is the only meal offered,
						  the number of guests served does not exceed 20; or
(g)
A private home that receives
						  catered or home-delivered FOOD.
Food Processing Plant.
(1) "Food processing plant" means a
						  commercial operation that manufactures, PACKAGES, labels, or stores FOOD for
						  human consumption, and provides FOOD for sale or distribution to other business
						  entities such as FOOD PROCESSING PLANTS or FOOD ESTABLISHMENTS.
(2) "Food processing plant"
does not
						  include a FOOD ESTABLISHMENT.
Game Animal.
(1)
"Game animal"
means an
						  animal, the products of which are FOOD, that is not classified as cattle,
						  sheep, swine, goat, horse, mule, or other equine in
						  9 CFR
						  301.2 - Definitions, or as POULTRY, or as
						  FISH.
(2)
"Game
						  animal"
includes mammals such as reindeer, elk, deer, antelope, water
						  buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat; and
						  nonaquatic reptiles such as land snakes.
(3)
"Game animal"
does
						  not include RATITES.
"General use pesticide"
means a
							 pesticide that is not classified by EPA for restricted use as specified in
							 40 CFR
							 152.175 - Pesticides classified for
							 restricted use.
"Grade A standards"
means the
							 requirements of the United States Public Health Service/FDA "Grade A
							 Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk
							 products comply.
Note:
A copy of the "Grade A Pasteurized
							 Milk Ordinance" may be secured from the Department of Health and Human
							 Services, Public Health Service, Food and Drug Administration, Division of
							 Plant and Dairy Food Safety (HFS316), 5100 Paint Branch Parkway, College Park,
							 MD 20740-3835 or you can contact the Wisconsin department of agriculture, trade
							 and consumer protection.
"HACCP plan"
means a written document
							 that delineates the formal procedures for following the HAZARD Analysis and
							 CRITICAL CONTROL POINT principles developed by The National Advisory Committee
							 on Microbiological Criteria for Foods.
Handwashing Sink.
(1) "Handwashing sink" means a lavatory, a
						  basin or vessel for washing, a wash basin, or a PLUMBING FIXTURE especially
						  placed for use in personal hygiene and designed for the washing of the
						  hands.
(2) "Handwashing sink"
						  includes an automatic handwashing facility.
"Hazard"
means a biological, chemical,
							 or physical property that may cause an unacceptable CONSUMER health
							 RISK.
"Health practitioner"
means a physician
							 licensed to practice medicine, or if allowed by LAW, a nurse practitioner,
							 physician assistant, or similar medical professional.
"Hermetically sealed container"
means a
							 container that is designed and intended to be secure against the entry of
							 microorganisms and, in the case of low acid canned FOODS, to maintain the
							 commercial sterility of its contents after PROCESSING.
"Highly susceptible population"
means
							 PERSONS who are more likely than other people in the general population to
							 experience foodborne disease because they are:
(1) Immunocompromised; preschool age
						  children, or older adults; and
(2)
						  Obtaining FOOD at a facility that provides services such as custodial care,
						  health care, or assisted living, such as a child or adult day care center,
						  kidney dialysis center, hospital or nursing home, or nutritional or
						  socialization services such as a senior center.
"Imminent health hazard"
means a
							 significant threat or danger to health that is considered to exist when there
							 is evidence sufficient to show that a product, practice, circumstance, or event
							 creates a situation that requires immediate correction or cessation of
							 operation to prevent injury based on:
(1) The number of potential injuries;
						  and
(2) The nature, severity, and
						  duration of the anticipated injury.
"Injected"
means manipulating MEAT to
							 which a solution has been introduced into its interior by processes that are
							 referred to as "injecting," "pump marinating," or "stitch pumping."
Juice.
(1)
"Juice"
means the aqueous
						  liquid expressed or extracted from one or more fruits or vegetables,
						  purées of the edible portions of one or more fruits or vegetables, or
						  any concentrates of such liquid or purée.
(2)
"Juice"
does not
						  include, for purposes of HACCP, liquids, purées, or concentrates that
						  are not used as BEVERAGES or ingredients of BEVERAGES.
"Kitchenware"
means FOOD preparation and
							 storage UTENSILS.
"Law"
means applicable local, state, and
							 federal statutes, regulations, and ordinances.
"License"
means the document issued by
							 the REGULATORY AUTHORITY that authorizes a PERSON to operate a FOOD
							 ESTABLISHMENT.
"License holder"
means the entity
							 that:
(1) Is legally responsible for
						  the operation of the FOOD ESTABLISHMENT such as the owner, the owner's agent,
						  or other PERSON; and
(2) Possesses
						  a valid LICENSE, as applicable, to operate a FOOD ESTABLISHMENT.
"Linens"
means fabric items such as
							 cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments
							 including cloth gloves.
Major Food Allergen.
(1)
"Major food allergen"
means:
(a) Milk, EGG, FISH (such as bass, flounder,
						  cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree
						  nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans;
						  or
(b) A FOOD ingredient that
						  contains protein derived from a FOOD, as specified in Subparagraph (1) (a) of
						  this definition.
(2)
"Major food allergen"
does not include:
(a)
Any highly refined oil derived
						  from a FOOD specified in Subparagraph (1) (a) of this definition and any
						  ingredient derived from such highly refined oil; or
(b)
Any ingredient that is exempt
						  under the petition or notification process specified in the Food Allergen
						  Labeling and Consumer Protection Act of 2004 (
						  Public
						  Law 108-282 ).
"Meat"
means the flesh of animals used
							 as FOOD including the dressed flesh of cattle, swine, sheep, or goats and other
							 edible animals,
except FISH, POULTRY, and wild GAME ANIMALS as
							 specified under Subparagraphs 3-201.17 (A) (3) and (4).
Mechanically Tenderized.
(1)
"Mechanically tenderized"
means manipulating MEAT with deep penetration by processes which may be
						  referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or
						  using blades, pins, needles, or any mechanical device.
(2)
"Mechanically tenderized"
does not include processes by which solutions are INJECTED into MEAT.
"mg/L"
means milligrams per liter, which
							 is the metric equivalent of parts per million (ppm).
"Milk and milk products"
means grade A
							 milk and grade A milk products.
Mobile Food Establishment.
(1)
"Mobile food establishment"
means a restaurant or retail FOOD ESTABLISHMENT where FOOD is served or sold
						  from a movable vehicle, intrastate railway car, push cart, trailer, or boat
						  which periodically or continuously changes location and requires a SERVICE BASE
						  to accommodate the unit for servicing, cleaning, inspection and maintenance or
						  except as specified in ¶ 9-103.11 (D).
(2)
"Mobile food establishment"
does not include a vehicle which is used solely to transport or deliver
						  FOOD or a common carrier regulated by the state or federal government, or a
						  movable concession stand designed to operate as a TEMPORARY FOOD ESTABLISHMENT
						  or a traveling retail FOOD ESTABLISHMENT.
"Molluscan shellfish"
means any edible
							 species of fresh or frozen oysters, clams, mussels, and scallops or edible
							 portions thereof,
except when the scallop product consists only of the
							 shucked adductor muscle.
"New"
in reference to a FOOD
							 ESTABLISHMENT, means operating with a LICENSE from the DEPARTMENT or its agent
							 for the first time on or after [the effective date of this code].
Non-Continuous Cooking.
(1)
"Non-continuous cooking"
means the cooking of FOOD in a FOOD ESTABLISHMENT using a process in which the
						  initial heating of the FOOD is intentionally halted so that it may be cooled
						  and held for complete cooking at a later time prior to sale or
						  service.
(2)
"Non-continuous
						  cooking"
does not include cooking procedures that only involve
						  temporarily interrupting or slowing an otherwise continuous cooking process.
"Operator"
means the LICENSE HOLDER or
							 PERSON responsible to the LICENSE HOLDER for the operation of the FOOD
							 ESTABLISHMENT.
Packaged.
(1)
"Packaged"
means bottled,
						  canned, cartoned, securely bagged, or securely wrapped, whether PACKAGED in a
						  FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT as defined in s.
						  97.01(12),
						  Stats.
(2)
"Packaged"
does not include wrapped or placed in a carry-out container to protect
						  the FOOD during service or delivery to the CONSUMER, by a FOOD EMPLOYEE, upon
						  CONSUMER request.
"Person"
means an association,
							 corporation, individual, partnership, other legal entity, government, or
							 governmental subdivision or agency.
"Person in charge"
means the individual
							 present at a FOOD ESTABLISHMENT who is responsible for the operation at the
							 time of inspection.
Personal Care Items.
(1)
"Personal care items"
means
						  items or substances that may be poisonous, toxic, or a source of contamination
						  and are used to maintain or enhance a PERSON'S health, hygiene, or
						  appearance.
(2)
"Personal
						  care items"
include items such as medicines; first aid supplies; and
						  other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
"pH"
means the symbol for the negative
							 logarithm of the hydrogen ion concentration, which is a measure of the degree
							 of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values
							 between 7 and 14 indicate alkalinity. The value for pure distilled water is 7,
							 which is considered neutral.
"Physical facilities"
means the
							 structure and interior surfaces of a FOOD ESTABLISHMENT including accessories
							 such as soap and towel dispensers and attachments such as light fixtures and
							 heating or air conditioning system vents.
"Plumbing fixture"
means a receptacle or
							 device that:
(1) Is permanently or
						  temporarily connected to the water distribution system of the PREMISES and
						  demands a supply of water from the system;
(2) Discharges used water, waste materials,
						  or SEWAGE directly or indirectly to the drainage system of the PREMISES.
"Plumbing system"
means the water supply
							 and distribution pipes; PLUMBING FIXTURES and traps; soil, waste, and vent
							 pipes; sanitary and storm sewers and building drains, including their
							 respective connections, devices, and appurtenances within the PREMISES; and
							 water-treating EQUIPMENT.
"Poisonous or toxic materials"
means
							 substances that are not intended for ingestion and are included in 4
							 categories:
(1) Cleaners and
						  SANITIZERS, which include cleaning and SANITIZING agents and agents such as
						  caustics, acids, drying agents, polishes, and other chemicals;
(2) Pesticides,
except cleaners and
						  SANITIZERS
, which include substances such as insecticides and
						  rodenticides;
(3) Substances
						  necessary for the operation and maintenance of the establishment such as
						  nonfood grade lubricants and PERSONAL CARE ITEMS that may be deleterious to
						  health; and
(4) Substances that are
						  not necessary for the operation and maintenance of the establishment and are on
						  the PREMISES for retail sale, such as petroleum products and paints.
"Poultry"
means:
(1) Any domesticated bird (chickens, turkeys,
						  ducks, geese, guineas, RATITES, or squabs), whether live or dead, as defined in
						  9 CFR
						  381.1 - Poultry Products Inspection
						  Regulations Definitions, Poultry; and
(2) Any migratory waterfowl or game bird,
						  pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined
						  in 9
						  CFR 362.1 - Voluntary Poultry Inspection
						  Regulations, Definitions.
"Premises"
means:
(1) The PHYSICAL FACILITY, its contents, and
						  the contiguous land or property under the control of the LICENSE HOLDER;
						  or
(2) of this definition, if its
						  facilities and contents are under the control of the LICENSE HOLDER and may
						  impact FOOD ESTABLISHMENT personnel, facilities, or operations, and a FOOD
						  ESTABLISHMENT is only one component of a larger operation such as a health care
						  facility, hotel, motel, school, recreational camp, or prison.
"Primal cut"
means a basic major cut
							 into which carcasses and sides of MEAT are separated, such as a beef round,
							 pork loin, lamb flank, or veal breast.
Priority Item.
(1)
"Priority item"
means a
						  provision in this Code whose application contributes directly to the
						  elimination, prevention, or reduction to an acceptable level, HAZARDS
						  associated with foodborne illness or injury and there is no other provision
						  that more directly controls the HAZARD.
(2)
"Priority item"
includes
						  items with a quantifiable measure to show control of HAZARDS such as cooking,
						  reheating, cooling, handwashing; and
(3)
"Priority item"
is an item
						  that is denoted in this Code with a superscript
						  P-P.
Priority foundation Item.
(1)
"Priority foundation item"
means a provision in this Code whose application supports, facilitates, or
						  enables one or more PRIORITY ITEMS.
(2)
"Priority foundation item"
includes an item that requires the purposeful incorporation of specific
						  actions, EQUIPMENT or procedures by industry management to attain control of
						  RISK FACTORS that contribute to foodborne illness or injury such as personnel
						  training, infrastructure or necessary EQUIPMENT, HACCP PLAN, documentation or
						  record keeping, and labeling; and
(3)
"Priority foundation item"
is an item that is denoted in this Code with a superscript
						  Pf-Pf.
"Processed" means:
(1) The preparation of FOOD for sale or
						  service through the process of, extracting, fermentation, distilling, pickling,
						  freezing, baking, assembling, drying, smoking, grinding, cutting, mixing,
						  coating, stuffing, packing, bottling or packaging, or through any other
						  treatment or preservation process.
(2) PROCESSED does not mean the canning of
						  FOOD or the smoking of FISH in a FOOD ESTABLISHMENTS.
"Public water system"
means a system for
							 the provision to the public of piped water for human consumption, if such
							 system has at least 15 service connections or regularly serves an average of at
							 least 25 individuals daily at least 60 days out of the year, as defined in s.
							 281.61(1)
							 (c), Stats. A PUBLIC WATER SYSTEM is either a
							 "community water system" as defined in s.
							 281.62(1)
							 (a), Stats., or a "non-community water
							 system" as defined in s.
							 281.62(1)
							 (b), Stats. Such system includes:
(1) Any collection, treatment, storage, and
						  distribution facilities under control of the OPERATOR of such system and used
						  primarily in connection with such system; and
(2) Any collection or pretreatment storage
						  facilities not under such control which are used primarily in connection with
						  such system.
"Pushcart"
means a MOBILE FOOD
							 ESTABLISHMENT solely moved by the efforts of the operator and not designed to
							 be towed.
"Ratite"
means a flightless bird such as
							 an emu, ostrich, or rhea.
Ready-to-Eat Food.
(1)
"Ready-to-eat"
means FOOD
						  that:
(a) Is in a form that is edible without
						  additional preparation to achieve FOOD safety, as specified under one of the
						  following: ¶ 3-401.11 (A) or (B), § 3-401.12, or § 3-402.11, or
						  as specified in ¶ 3-401.11 (C); or
(b) Is a raw or partially cooked animal FOOD
						  and the CONSUMER is advised as specified in Subparagraphs 3-401.11 (D) (1) and
						  (3); or
(c) Is prepared in
						  accordance with a VARIANCE that is granted as specified under Subparagraph
						  3-401.11 (D) (4); and
(d) May
						  receive additional preparation for palatability or aesthetic, epicurean,
						  gastronomic, or culinary purposes.
(2)
"Ready-to-eat food"
includes:
(a) Raw animal FOOD that is cooked
						  as specified under § 3-401.11 or 3-401.12, or frozen as specified under
						  § 3-402.11;
(b) Raw fruits and
						  vegetables that are washed as specified under § 3-302.15;
(c) Fruits and vegetables that are cooked for
						  hot holding, as specified under § 3-401.13;
(d) All TIME/TEMPERATURE CONTROL FOR SAFETY
						  FOOD that is cooked to the temperature and time required for the specified FOOD
						  under Subpart 3-401 and cooled as specified in § 3-501.14;
(e) Plant FOOD for which further washing,
						  cooking, or other processing is not required for FOOD safety, and from which
						  rinds, peels, husks, or shells, if naturally present are removed;
(f) Substances derived from plants such as
						  spices, seasonings, and sugar;
(g)
						  A bakery item such as bread, cakes, pies, fillings, or icing for which further
						  cooking is not required for FOOD safety;
(h) The following products that are produced
						  in accordance with USDA guidelines and that have received a lethality treatment
						  for pathogens: dry, fermented sausages, such as dry salami or pepperoni;
						  salt-cured MEAT and POULTRY products, such as prosciutto ham, country cured
						  ham, and Parma ham; and dried MEAT and POULTRY products, such as jerky or beef
						  sticks; and
(e) FOODS manufactured
						  as specified in 21 CFR Part 113- Thermally Processed Low-Acid Foods Packaged in
						  Hermetically Sealed Containers.
Reduced Oxygen Packaging.
(1)
"Reduced oxygen packaging"
means:
(a) The reduction of the amount of
						  oxygen in a PACKAGE by removing oxygen; displacing oxygen and replacing it with
						  another gas or combination of gases; or otherwise controlling the oxygen
						  content to a level below that normally found in the atmosphere (approximately
						  21% at sea level); and
(b) A
						  process as specified in Subparagraph (1) (a) of this definition that involves a
						  FOOD for which the HAZARDS
Clostridium botulinum
or
Listeria
						  monocytogenes
require control in the final PACKAGED form.
(2)
"Reduced oxygen
						  packaging"
includes:
(a) Vacuum
						  PACKAGING, in which air is removed from a PACKAGE of FOOD and the PACKAGE is
						  HERMETICALLY SEALED so that a vacuum remains inside the PACKAGE;
(b) Modified atmosphere PACKAGING, in which
						  the atmosphere of a PACKAGE of FOOD is modified so that its composition is
						  different from air but the atmosphere may change over time due to the
						  permeability of the PACKAGING material or the respiration of the FOOD. Modified
						  atmosphere PACKAGING includes: reduction in the proportion of oxygen, total
						  replacement of oxygen, or an increase in the proportion of other gases such as
						  carbon dioxide or nitrogen; and
(c)
						  Controlled atmosphere PACKAGING, in which the atmosphere of a PACKAGE of FOOD
						  is modified so that until the PACKAGE is opened, its composition is different
						  from air, and continuous control of that atmosphere is maintained, such as by
						  using oxygen scavengers or a combination of total replacement of oxygen,
						  nonrespiring FOOD, and impermeable PACKAGING material.
(d) Cook chill PACKAGING, in which cooked
						  FOOD is hot filled into impermeable bags which have the air expelled and are
						  then sealed or crimped closed. The bagged FOOD is rapidly chilled and
						  refrigerated at temperatures that inhibit the growth of psychotropic pathogens;
						  or
(e) Sous vide PACKAGING, in
						  which raw or partially cooked FOOD is vacuum packaged in an impermeable bag,
						  cooked in the bag, rapidly chilled, and refrigerated at temperatures that
						  inhibit the growth of psychotropic pathogens.
"Refuse"
means solid waste not carried
							 by water through the SEWAGE system.
"Regulatory authority"
means the local,
							 state, or federal enforcement body or authorized representative having
							 jurisdiction over the FOOD ESTABLISHMENT.
"Reminder"
means a written statement
							 concerning the health RISK of consuming animal FOODS raw, undercooked, or
							 without otherwise being processed to eliminate pathogens.
"Re-service"
means the transfer of FOOD
							 that is unused and returned by a CONSUMER after being served or sold and in the
							 possession of the CONSUMER, to another PERSON.
"Restrict"
means to limit the activities
							 of a FOOD EMPLOYEE so that there is no RISK of transmitting a disease that is
							 transmissible through FOOD and the FOOD
EMPLOYEE does not work with exposed FOOD, clean
							 EQUIPMENT, UTENSILS, LINENS; or unwrapped SINGLE-SERVICE or SINGLE-USE
							 ARTICLES.
"Restricted egg"
means any check, dirty
							 EGG, incubator reject, inedible, leaker, or loss as defined in 9 CFR
							 590.
"Restricted use pesticide"
means a
							 pesticide product that contains the active ingredients specified in
							 40 CFR
							 152.175 Pesticides classified for restricted
							 use, or ATCP 29, and that is limited to use by or under the direct supervision
							 of a certified applicator.
"Risk"
means the likelihood that an
							 adverse health effect will occur within a population as a result of a HAZARD in
							 a FOOD.
"Risk control plan (RCP)"
means a
							 written plan developed by the FOOD ESTABLISHMENT OPERATOR in conjunction with
							 the REGULATORY AUTHORITY that describes a system for controlling specific
							 out-of-control foodborne illness RISK FACTORS.
"Risk Factor"
means the improper
							 practices or procedures that have been identified by the Centers for Disease
							 Control and Prevention (CDC) through epidemio-logical data, as the most
							 prevalent contributing factors of foodborne illness or injury. RISK FACTORS
							 include:
(1) Poor personal
						  hygiene;
(2) FOOD from unsafe
						  source;
(3) Inadequate
						  cooking;
(4) Improper holding
						  temperatures; and
(5) Contaminated
						  EQUIPMENT.
"Safe material"
means:
(1) An article manufactured from or composed
						  of materials that may not reasonably be expected to result, directly or
						  indirectly, in their becoming a component or otherwise affecting the
						  characteristics of any FOOD;
(2) An
						  ADDITIVE that is used as specified in § 409 of the Federal Food, Drug, and
						  Cosmetic Act; or
(3) Other
						  materials that are not ADDITIVES and that are used in conformity with
						  applicable regulations of the Food and Drug Administration.
"Sanitization"
means the application of
							 cumulative heat or chemicals on cleaned FOOD-CONTACT SURFACES that, when
							 evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is
							 equal to a 99.999% reduction, of representative disease microorganisms of
							 public health importance.
"Sealed"
means free of cracks or other
							 openings that allow the entry or passage of moisture.
"Service animal"
means an animal such as
							 a guide dog, signal dog, or other animal individually trained to provide
							 assistance to an individual with a disability.
"Service Base"
means an operating base
							 location to which a MOBILE FOOD ESTABLISHMENT or transportation vehicle returns
							 regularly for such things as vehicle and EQUIPMENT cleaning, discharging liquid
							 or solid wastes, refilling water tanks and ice bins, and boarding FOOD.
"Sewage"
means liquid waste containing
							 animal or vegetable matter in suspension or solution and may include liquids
							 containing chemicals in solution.
"Shellfish control authority"
means a
							 state, federal, foreign, tribal, or other government entity legally responsible
							 for administering a program that includes certification of MOLLUSCAN SHELLFISH
							 harvesters and DEALERS for interstate commerce.
"Shellstock"
means raw, in-shell
							 MOLLUSCAN SHELLFISH.
"Shiga toxin-producing Escherichia coli"
(STEC) means any E. coli capable of producing Shiga toxins (also called
							 verocytotoxins.) STEC infections can be asymptomatic or may result in a
							 spectrum of illness ranging from mild, nonbloody diarrhea, to hemorrhagic
							 colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS- a type of
							 kidney failure). Examples of serotypes of STEC include: E. coli O157:H7; E.
							 coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; and E. coli
							 O111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or
							 as EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC which can cause
							 hemorrhagic colitis or HUS.
"Shucked shellfish"
means MOLLUSCAN
							 SHELLFISH that have one or both shells removed.
"Single-service articles"
means
							 TABLEWARE, carry-out UTENSILS, and other items such as bags, containers,
							 placemats, stirrers, straws, toothpicks, and wrappers that are designed and
							 constructed for one time, one PERSON use after which they are intended for
							 discard.
Single-Use Articles.
(1)
"Single-use articles"
means
						  UTENSILS and bulk FOOD containers designed and constructed to be used once and
						  discarded.
(2)
"Single-use
						  articles"
includes items such as wax paper, butcher paper, plastic wrap,
						  formed aluminum FOOD containers, jars, plastic tubs or buckets, bread wrappers,
						  pickle barrels, ketchup bottles, and number 10 cans which do not meet the
						  materials, durability, strength, and cleanability specifications under
						  §§ 4-101.11, 4-201.11, and 4-202.11 for multiuse UTENSILS.
"Slacking"
means the process of
							 moderating the temperature of a FOOD such as allowing a FOOD to gradually
							 increase from a temperature of-23°C (-10° F) to-4°C (25°F) in
							 preparation for deep-fat frying or to facilitate even heat penetration during
							 the cooking of previously block-frozen FOOD such as shrimp.
"Smooth"
means:
(1) A FOOD-CONTACT SURFACE having a surface
						  free of pits and inclusions with a cleanability equal to or exceeding that of
						  (100 grit) number 3 stainless steel;
(2) A nonFOOD-CONTACT SURFACE of EQUIPMENT
						  having a surface equal to that of commercial grade hot-rolled steel free of
						  visible scale; and
(3) A floor,
						  wall, or ceiling having an even or level surface with no roughness or
						  projections that render it difficult to clean.
"Tableware"
means eating, drinking, and
							 serving UTENSILS for table use such as flatware including forks, knives, and
							 spoons; hollowware including bowls, cups, serving dishes, and tumblers; and
							 plates.
"Temperature measuring device"
means a
							 thermometer, thermocouple, thermistor, or other device that indicates the
							 temperature of FOOD, air, or water.
"Temporary food establishment"
means a
							 FOOD ESTABLISHMENT that operates at a fixed location for a period of no more
							 than 14 consecutive days in conjunction with a single event or celebration such
							 as a fair, carnival, circus, public exhibition, anniversary sale, or occasional
							 sales promotion.
Time/Temperature Control for Safety Food
(formerly "potentially hazardous food" (PHF).
(1)
"Time/temperature control for
						  safety food"
means a FOOD that requires time/temperature control for
						  safety (TCS) to limit pathogenic microorganism growth or toxin
						  formation.
(2)
"Time/temperature control for safety food"
includes:
(a) An animal FOOD that is raw or
						  heat-treated; a plant FOOD that is heat-treated or consists of raw seed
						  sprouts, cut melons, CUT LEAFY GREENS, cut tomatoes or mixtures of cut tomatoes
						  that are not modified in a way so that they are unable to support pathogenic
						  microorganism growth or toxin formation, or garlic-in-oil mixtures that are not
						  modified in a way so that they are unable to support pathogenic microorganism
						  growth or toxin formation; and
(b)
						  Except as specified in Subparagraph (3) (d) of this definition, a FOOD that
						  because of the interaction of its AW and pH values is
						  designated as Product Assessment Required (PA) in Table A or B of this
						  definition:
Table A. Interaction of pH and
										AW for control of spores in FOOD heat-treated to destroy
										vegetative cells and subsequently PACKAGED
AW
										VALUES
pH: 4.6 or less
pH: > 4.6- 5.6
pH: > 5.6
< 0.92
non-TCS FOOD*
non-TCS FOOD
non-TCS FOOD
> 0.92- .95
non-TCS FOOD
non-TCS FOOD
PA**
> 0.95
non-TCS FOOD
PA
PA
*TCS FOOD means TIME/TEMPERATURE CONTROL FOR
										SAFETY FOOD
** PA means Product Assessment
										required
Table B. Interaction of pH and
										AW for control of vegetative cells and spores in FOOD
										not heat-treated or heat-treated but not PACKAGED
AW
										VALUES
pH: < 4.2
pH: 4.2- 4.6
pH: > 4.6-5.0
pH: > 5.0
< 0.88
non-TCS FOOD *
non-TCS
FOOD
non-TCS
FOOD
non-TCS
FOOD
0.88- 0.90
non-TCS
FOOD
non-TCS
FOOD
non-TCS
FOOD
PA**
> 0.90- 0.92
non-TCS
FOOD
non-TCS
FOOD
PA
PA
> 0.92
non-TCS
FOOD
PA
PA
PA
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR
										SAFETY FOOD
** PA means Product Assessment
										required
(3)
"Time/temperature control for
						  safety food"
does not include:
(a) An air-cooled hard-boiled EGG with shell
						  intact, or an EGG
with shell intact that is not hard-boiled, but has
							 been pasteurized to destroy all viable Salmonellae;
(b)
A FOOD in an unopened
						  HERMETICALLY SEALED CONTAINER that is commercially processed to achieve and
						  maintain commercial sterility under conditions of non-refrigerated storage and
						  distribution;
(c)
A FOOD that because of its pH or AW value, or
						  interaction of AW pH values, is designated as a non-TCS
						  FOOD in Table A or B of this definition;
(d)
A FOOD that is designated as
						  Product Assessment Required (PA) in Table A or B of this definition and has
						  undergone a Product Assessment showing that the growth or toxin formation of
						  pathogenic microorganisms that are reasonably likely to occur in that FOOD Is
						  precluded due to:
(i)
Intrinsic factors including added or natural characteristics of the
						  FOOD such as preservatives, antimicrobials, humectants, acidulants, or
						  nutrients,
(ii)
Extrinsic factors including environmental or operational factors that
						  affect the FOOD such as PACKAGING, modified atmosphere such as REDUCED OXYGEN
						  PACKAGING, shelf life and use, or temperature range of storage and use,
						  or
(iii)
A
						  combination of intrinsic and extrinsic factors; or
(e)
A FOOD that does not
						  support the growth or toxin formation of pathogenic microorganisms in
						  accordance with one of the Subparagraphs (3)(a)-(3)(d) of this definition even
						  though the FOOD may contain a pathogenic microorganism or chemical or physical
						  contaminant at a level sufficient to cause illness or injury.
"USDA"
means the U.S. Department of
							 Agriculture.
"Utensil"
means a FOOD-contact implement
							 or container used in the storage, preparation, transportation, dispensing,
							 sale, or service of FOOD, such as KITCHENWARE or TABLEWARE that is multiuse,
							 SINGLE-SERVICE, or SINGLE-USE; gloves used in contact with FOOD; temperature
							 sensing probes of FOOD TEMPERATURE MEASURING DEVICES; and probe-type price or
							 identification tags used in contact with FOOD.
"Variance"
means a written document
							 issued by the DEPARTMENT that authorizes a modification or waiver of one or
							 more requirements of this Code if, in the opinion of the DEPARTMENT, a health
							 HAZARD or nuisance will not result from the modification or waiver.