Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 75 - Retail Food Establishments › Subchapter I - Definitions and General Provisions › Section ATCP 75.04 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Active managerial control" means the
				  purposeful incorporation of systems in a retail food establishment that
				  proactively reduce the risk of foodborne illness hazards through monitoring and
				  verification.
(2) "Additional area"
				  means a non-contiguous, separately located area that is on the same premises,
				  but that is not a part of the primary food processing or warewashing operation,
				  but contributes to the overall food operation. "Additional area" includes but
				  is not limited to a banquet staging area, bakery preparation area, produce
				  preparation area, or outdoor cooking area.
(3) "Adulterated" has the meaning specified
				  in
				  21 USC
				  342.
(4) "Agent" means the city, county, village,
				  or consortium health department designated by the department, in accordance
				  with s.
				  97.41
				  Stats., to issue licenses and make investigations and inspections of retail
				  food establishments under this chapter.
(5) "Amenable" means animal species or
				  products made from animal species subject to mandatory inspection under state
				  or federal meat and poultry inspection regulations.
(6) "Catering" means contracting for the
				  preparation and service of a defined amount of food at a specific location,
				  other than the licensed retail food establishment, to a defined set of guests
				  at a wedding or similar event, or to participants in an organized group or
				  activity. "Catering" does not include sale of individual meals directly to the
				  consumer.
(7) "Certified food
				  protection manager" means a person who holds a valid certificate of food
				  protection practices issued under s.
				  97.33,
				  Stats.
(8) "Cold holding" means
				  maintaining a time/temperature controlled for safety food (TCS) under
				  refrigeration at a temperature of 41°F or below.
(9) "Concession stand" means a food stand
				  that serves meals in connection with a youth sporting event, operated
				  exclusively for the benefit of a participating youth sports team or program, or
				  the governing youth sports organization.
(10) "Condiment" means a non-meal food item
				  added to food to enhance flavor or enjoyment.
Note:
Sauces, dressings, relishes and spices
					 are examples of condiments.
(11) "Contract cook" is a person who is under
				  contract to only prepare food onsite, with food provided by the contractor, for
				  a private occasion to the contractor or the contractor's guests.
(12) "Cooling" means the process of reducing
				  the temperature of a TCS food by refrigeration or alternate methods to a
				  temperature of 41°F or below within a defined time period. "Cooling" does
				  not include removing a TCS food from refrigeration during processing at ambient
				  air temperature and then immediately returning the food to
				  refrigeration.
(13) "Department"
				  means the Wisconsin department of agriculture, trade, and consumer
				  protection.
(14) "Division" means
				  the division of food and recreational safety.
(15) "Extensively remodeled" means the
				  condition of an existing retail food establishment that has undergone
				  reconstruction or repair that altered the design or operation of the food
				  service area, beyond redecorating, cosmetic refurbishing, replacing like
				  equipment, or altering seating design or capacity.
(16) "Food" has the meaning given in s.
				  97.01(6),
				  Stats.
(17) "General public" means
				  any person choosing to patronize a retail food establishment including, but not
				  limited to employees, members, guests, customers, or occupants of private
				  clubs, industrial plants, offices, or businesses. "General public" does not
				  include any of the following:
(a) Members of
				  a household or personal guests in a private home, who are served a meal
				  prepared by a member of the household.
(b) Persons who are served a free meal by a
				  religious or other nonprofit charitable organization, as defined under
				  26 USC
				  501(c), at a kitchen,
				  shelter or similar location where meals are served to the needy.
(c) Members and guests of a religious
				  organization, such as a church, synagogue, temple, or mosque, who are served a
				  meal in conjunction with a religious service or celebration when members of the
				  religious organization prepare the meal.
(d) Members and guests of a fraternal,
				  patriotic, or service organization who are served a meal prepared by the
				  organization's members or affiliates, when the meal is part of, or incidental
				  to, a meeting of the organization.
(e) Employees attending an occasional meal
				  prepared by their coworkers for the purpose of expressing appreciation or
				  building workplace morale.
(f)
				  Guests attending a meal served in connection with a birthday, anniversary, or
				  similar celebration, if persons participating in the celebration prepare the
				  food.
(g) Residents, patients,
				  employees, or visitors of patients or residents of a health care facility,
				  defined in s.
				  150.84(2),
				  Stats.
(h) Residents, clients,
				  employees, or visitors of residents or clients of a facility licensed under ch.
				  48, Stats.
(i) Inmates, residents,
				  employees, or guests of inmates or residents of a prison, defined in s.
				  302.01,
				  Stats., a county jail, defined in s.
				  302.30,
				  Stats., a juvenile correctional facility, defined in s.
				  938.02(10p),
				  Stats., or a juvenile detention facility, defined in s.
				  938.02(10r),
				  Stats.