Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 196 - Restaurants › 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 ¶ (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.
(2)
"Color additive"
has the meaning
							 stated in the Federal Food, Drug, and Cosmetic Act, § 201 (t) and 21 CFR
							 70.
"Adulterated"
has the meaning stated in
							 s.
							 97.02,
							 Stats.
"Agent"
means the city, county, or
							 village designated by the DEPARTMENT to issue PERMITS to and make
							 investigations and inspections of FOOD ESTABLISHMENTS.
"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, slic-ers, 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 EMPLOYEESS to whom a job offer is made, conditional on responses to
							 subsequent medical questions or examinations designed to identify potential
							 FOOD EMPLOYEESS 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 an individual 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"
includes 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
							 health services or 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
							 in their entirety, 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
							 POTENTIALLY HAZARDOUS (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 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 under 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 PERMIT HOLDER,
							 PERSON IN CHARGE, FOOD EMPLOYEES, individual having supervisory or management
							 duties, individual on the payroll, family member, volunteer, individual
							 performing work under contractual agreement, or other individual working in a
							 FOOD ESTABLISHMENT.
"Enterohemorrhagic
Escherichia coli"
(EHEC) means
E. coli
which cause hemorrhagic
							 colitis, meaning bleeding enterically or bleeding from the intestine. The term
							 is typically used in association with
E. coli
that have the
							 capacity to produce Shiga toxins and to cause attaching and effacing lesions in
							 the intestine. EHEC is a subset of shiga toxin-producing
E. coli.
(STEC), whose members produce additional virulence factors. Infections
							 with EHEC may be asymptomatic but are classically associated with bloody
							 diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or
							 thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC
							 include:
E. coli
O157:H7;
E. coli
O157:NM;
E. coli
O26:H11;
E. coli
O145:NM;
E.
							 coli
O103:H2; or
E. coli
O111:NM.
Also see
shiga toxin-producing
E. coli.
"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
							 WAREWASHING 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 PERMIT/LICENSE
							 issued by the REGULATORY AUTHORITY before September 1, 2013.
"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"
means an operation
							 that stores, prepares, serves, vends, sells or otherwise provides FOOD for
							 human consumption. The term "FOOD ESTABLISHMENT" includes a "restaurant" as
							 defined in s.
							 254.61(5),
							 Stats.; "retail FOOD ESTABLISHMENTS" as defined in s.
							 97.30,
							 Stats.; and a "temporary restaurant" as defined in s.
							 254.61(5m),
							 Stats.
Food Processing Plant.
(1)
"Food processing plant"
means a
							 commercial operation that manufactures, PACKAGES, labels, or stores FOOD for
							 human consumption and does not provide FOOD directly to a CONSUMER.
(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 - Definitions, as POULTRY in 9
							 CFR 381 - Poultry Products Inspection Regulations, or as FISH.
(2)
"Game animal,"
except as provided in
							 ¶ (3), includes:
(a) "Fur-bearing animals," "Game," "GAME ANIMALS,"
							 "Game birds," "Wild animals," and "Game fish" as defined in s.
							 29.001(30), (33), (36), (39), and
							 (41), stats.; and
(b) Animals such as reindeer, elk, deer, antelope,
							 water buffalo, bison, rabbit, squirrel, bear, and muskrat; aquatic and
							 nonaquatic birds such as wild ducks and geese, quail, and pheasant; nonaquatic
							 reptiles such as rattlesnakes; aquatic reptiles such as alligators and turtles;
							 and aquatic mammals.
(3)
"Game animal"
does not
							 include:
(a) Captively raised GAME ANIMALS and birds obtained
							 from inspected sources APPROVED by the department of agriculture, trade and
							 consumer protection or other REGULATORY AUTHORITY having jurisdiction;
							 or
(b) Ratites such as ostrich, emu, and rhea.
"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 health services or
							 the DEPARTMENT of agriculture, trade and consumer protection (see §
							 1-103.10).
"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"
(HSP)
							 means a group of individuals who are more likely than other populations to
							 experience foodborne disease because they are:
(1) Immunocompromised;
(2) Older adults; or
(3) Preschool age children.
"Hot Water"
means water at a temperature
							 of 110°F (43°C) or higher as required by this Code.
"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, purees of the
							 edible portions of one or more fruits or vegetables, or any concentrates of
							 such liquid or puree.
(2)
"Juice"
does
							 not include, for purposes of HACCP, liquids, purees, 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, administrative rules, regulations, and ordinances.
"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
(C) and
							 (D).
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).
Mobile food establishment.
(1)
"Mobile food establishment"
means a
							 restaurant or retail FOOD ESTABLISHMENT where FOOD is served or sold from a
							 movable vehicle, 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 PERMIT/LICENSE from the DEPARTMENT or its
							 agent for first time on or after September 1, 2013.
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 owner or PERSON
							 responsible to the owner 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 a wrapper, carry-out box, or other
							 nondurable container used to containerize FOOD with the purpose of facilitating
							 FOOD protection during service and receipt of the FOOD by the
							 CONSUMER.
"Permit/License"
means the document
							 issued by the REGULATORY AUTHORITY that authorizes a PERSON to operate a FOOD
							 ESTABLISHMENT.
"Permit/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 permit/license, as applicable,
							 to operate a food establishment.
"Person"
means an individual,
							 partnership, association, firm, company, corporation, organization,
							 municipality, county, town, or state 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 mouth-wash.
"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; or
(3) Requires both a water supply connection and a
							 discharge to the drain system of the PREMISES.
"Plumbing system"
means the water supply
							 system, the drain system, the vent system, PLUMBING FIXTURES, plumbing
							 appliances and plumbing appurtenances which serve a building, structure or
							 PREMISES, and as defined in s.
							 145.01(10),
							 Stats.
"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.
Potentially Hazardous Food (Time/Temperature
							 Control for Safety Food).
(1)
"Potentially hazardous food
							 (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)
"Potentially hazardous food
							 (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 seeds or 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 values
4.6 or less
> 4.6 - 5.6
> 5.6
< 0.92
non-PHF*/ non-TCS
FOOD
**
non-PHF/ non-TCS
FOOD
non-PHF/ non-TCS
FOOD
> 0.92 - .95
non-PHF/ non-TCS
FOOD
non-PHF/ non-TCS
FOOD
PA***
> 0.95
non-PHF/ non-TCS
FOOD
PA
PA
* PHF means POTENTIALLY HAZARDOUS
										FOOD.
** 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 values
< 4.2
4.2 - 4.6
> 4.6 - 5.0
> 5.0
< 0.88
non-PHF*/ non-TCS
non-PHF/ non-TCS
non-PHF/ non-TCS
non-PHF/ non-TCS
FOOD
**
FOOD
FOOD
FOOD
0.88 - 0.90
non-PHF/ non-TCS
non-PHF/ non-TCS
non-PHF/ non-TCS
PA***
FOOD
FOOD
FOOD
> 0.90 - 0.92
non-PHF/ non-TCS
FOOD
non-PHF/ non-TCS
FOOD
PA
PA
> 0.92
non-PHF/ non-TCS
FOOD
PA
PA
PA
* PHF means potentially HAZARDOUS
										FOOD.
** TCS FOOD means TIME/TEMPERATURE CONTROL
										FOR SAFETY FOOD.
*** PA means Product Assessment
										required.
(3)
"Potentially hazardous food
							 (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
							 and pH values, is designated as a non-PHF/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,
(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) to (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.
"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 PERMIT/LICENSE HOLDER;
							 or
(2) The PHYSICAL FACILITY, its contents, and the land
							 or property not described under Subparagraph (1) if its facilities and contents
							 are under the control of the PERMIT/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 PLANS, 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.
"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.
"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 ¶ 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 under 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, washed, cut fruits, 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 POTENTIALLY HAZARDOUS FOOD (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
(i) FOODS manufactured according to 21 CFR 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 surrounding, 21% oxygen atmosphere; 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, such as sous vide;
(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 placed in a hermetically sealed, 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; and 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 which, with respect to certain or all of its uses, is classified
							 under the federal act or ch. ATCP 29, as a restricted use pesticide for use
							 only by certified applicators.
"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
							 concisely written management plan developed by the FOOD ESTABLISHMENT OPERATOR
							 with input from inspectors that describes a management system for controlling
							 specific out-of-control foodborne illness RISK FACTORS. A RCP is intended to be
							 a voluntary strategy that inspectors and the PERSON in CHARGE jointly develop
							 to promote long-term compliance for
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 epidemiological 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.
"School Lunchroom"
means the room or
							 rooms where MEALS are served to students, faculty or staff of a school and
							 their guests. In the subsection, "school" means any of the following:
(1) A public school as described in s.
							 115.01(1),
							 Stats.;
(2) A private school as described in s.
							 115.001(3r),
							 Stats.;
(3) A vocational, technical or adult education
							 school; or
(4) A college or university.
"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
							 or "Shiga-like" toxins). Examples of serotypes of STEC include both O157:H7 and
							 non-O157
E. coli.
Also see
							 ENTEROHEMORRHAGIC
ESCHERICHIA COLI.
"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 individual 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.
"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.
"Vending machine"
has the meaning given
							 in s.
							 254.61(7),
							 stats.
Note:
Section
							 254.61(7),
							 Stats., defines VENDING MACHINES as any self-service device offered for public
							 use which, upon insertion of a coin or token, or by other means, dispenses unit
							 servings of FOOD or BEVERAGE either in bulk or in PACKAGE, without the
							 necessity of replenishing the device between each vending operation. "VENDING
							 MACHINE" does not include a device which dispenses only bottled, PrePACKAGED or
							 canned soft drinks, a one cent vending device, a VENDING MACHINE dispensing
							 only candy, gum, nuts, nut meats, cookies or crackers, or a VENDING MACHINE
							 dispensing only PrePACKAGED grade A pasteurized milk or milk products
"Vending machine location"
means the
							 room, enclosure, space, or area where one or more VENDING MACHINES are
							 installed and operated and includes the storage areas and areas on the PREMISES
							 that are used to service and maintain the VENDING MACHINES.
"Warewashing"
means the cleaning and
							 SANITIZING of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT.
"Whole-muscle, intact beef"
means whole
							 muscle beef that is not INJECTED, MECHANICALLY TENDERIZED, reconstructed, or
							 scored and marinated, from which beef steaks may be cut.