reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter VI - Pool Construction and Design › Section ATCP 76.37 - Maintenance, repair, and modifications of water attractions

Current through June 24, 2024
(1) GENERAL.
(a)
Maintained safe.
Water
attractions shall be maintained, repaired, and modified
				  in accordance with recognized safe practice as defined in s. SPS 334.01 (15). 
				  P
(b)
Closure.
Improperly
				  maintained, repaired, or modified water attractions may not be opened to the
				  public. 
				  P
(c)
Maintenance.
1. Defective, improper, worn, or missing
				  parts shall be replaced or repaired.
2. Maintenance, repair, and replacement parts
				  shall be of a quality equal to or better than the original parts. 
				  P
3. All work shall be performed by a competent
				  qualified mechanic capable of understanding the function of the parts and the
				  proper installation. 
				  Pf
4. Non-graded bolts, nails, fasteners, and
				  wire shall be used only for their intended purposes. 
				  P
5. Rotted, split, or otherwise structurally
				  unsound material shall be replaced. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter VI - Pool Construction and Design › Section ATCP 76.38 - Virginia Graeme Baker Act

Current through June 24, 2024
The operator shall ensure all the following for compliance
					 with the Virginia Graeme Baker Act:
(1) GENERAL.
(a)
New pools.
For a newly
				  constructed pool, the operator shall have approved plans from the Wisconsin
				  department of safety and professional services and shall maintain the pool
				  plans onsite. 
				  P
(b)
Existing pools.
For a
				  pool constructed before the effective date of this rule, the operator shall
				  provide at a minimum, the pump curve and the drain cover specification. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Analyst" means an individual who
				  performs a test under s.
				  ATCP
				  77.02.
(2)
				  "Certified analyst" means an analyst that is certified by the department to
				  perform tests under s.
				  ATCP
				  77.02(1) or (2).
(3) "Certified laboratory" means a laboratory
				  at which an operator is certified to perform tests under s.
				  ATCP
				  77.02.
(4)
				  "Department" means the state of Wisconsin department of agriculture, trade and
				  consumer protection.
(4m) "Drug
				  residue screening test" means any test under s.
				  ATCP
				  77.02(1) (k) to (1) (zc) or (1) (zq),
				  other than a confirmatory test, that a person uses to comply with drug residue
				  testing requirements under s.
				  ATCP
				  65.72.
(5)
				  "FDA" means the United States department of health and human services, public
				  health service, food and drug administration.
(6) "Food" has the meaning given in s.
				  97.01(6),
				  Stats.
(7) "Food and recreational
				  safety administrator" means the administrator of the department's division of
				  food and recreational safety.
(8)
				  "Individual" means a natural person.
(9) "Laboratory" means a facility at which an
				  operator performs tests.
(10)
				  "Laboratory administrator" means an individual who supervises a laboratory
				  under s.
				  ATCP
				  77.12.
(11) "Milk" means the lacteal secretion of
				  cows, sheep, goats, water buffalo, or camelids and includes dairy products made
				  from milk.
(12) "Operator" means a
				  person who owns or controls a laboratory.
(13) "Person" means an individual,
				  corporation, partnership, cooperative association, limited liability company,
				  trust, or other organization or entity. "Person" includes counties,
				  municipalities, the state of Wisconsin and agencies of the state.
(14) "Public health standard" means a
				  federal, state or local statute, rule or ordinance which specifies a standard
				  for the safety or wholesomeness of milk, water or food for human
				  consumption.
(15) "Public water
				  system laboratory" means a laboratory that tests water for a public water
				  system as defined in s.
				  NR
				  108.02(12).
(16) "Test" means a laboratory examination of
				  milk, water or food.
(17) "Visual
				  read test" means a drug residue screening test performed by an individual who
				  interprets the result without the aid of a mechanical reader.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.02 - Laboratory tests to protect public health

Current through June 24, 2024
For purposes of s.
					 93.12,
					 Stats., the department declares that the following milk, food, water,
					 wastewater and recreational water tests are necessary to protect public
					 health:
(1) MILK. Any of the following
				  tests related to milk and dairy products:
(a)
				  Standard plate count.
(b) Plate
				  loop count (raw milk only).
(c)
				  Spiral Plate Count (raw milk only).
(d) Petrifilm Aerobic Count.
(e) Petrifilm Rapid Aerobic Count.
(f) TEMPO Aerobic Count.
(g) Peel Plate Aerobic Count.
(h) BactoScan FC.
(i) BactoCount IBC.
(j) BacSomatic Bacteria Count.
(k) Charm BSDA.
(l) Charm II Competitive.
(m) Charm II Sequential.
(n) Charm II Quantitative.
(o) Charm II Sulfa.
(p) Charm II Chloramphenicol.
(q) Charm II Tetracycline.
(r) Charm SL (Safe Level).
(s) Charm 3 SL-3.
(t) Charm FLUSLBL.
(u) Charm ROSA SULF.
(v) Charm ROSA Tetracycline SL.
(w) Charm ROSA TRIO.
(x) Delvotest P.
(y) Delvotest P 5 Pack.
(z) New SNAP Beta Lactam.
(za) SNAP Tetracycline.
(zb) BetaStar Advanced Test for Beta
				  Lactams.
(zc) BetaStar Advanced
				  Test for Tetracyclines.
(zd) Direct
				  Microscopic Somatic Cell Count.
(ze) Electronic Somatic Cell Count.
(zf) Petrifilm Coliform Count/High
				  Sensitivity Coliform Count.
(zg)
				  Coliform Plate Count.
(zh) TEMPO
				  Coliform Count.
(zi) Peel Plate
				  Coliform Count.
(zj) Pasteurized
				  Milk Containers.
(zk)
				  Disintegration Test.
(zl) Flat Lid
				  or Pour Contact Tests.
(zm)
				  Phosphatase Test-Fluorophos.
(zn)
				  Phosphatase Test-Charm PasLite.
(zo) Phosphatase Test - Charm FAP.
(zp) Accupoint Advanced Alkaline
				  Phosphatase.
(zq) Tests performed
				  to comply with ch. ATCP 65, other than milk component tests which are not
				  related to public health.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.03 - Laboratory certification; general

Current through June 24, 2024
(1) ANNUAL
				  CERTIFICATION REQUIRED.
(a) Except as
				  provided in par. (b), no person may perform any laboratory test listed under s.
				  ATCP
				  77.02 to determine whether milk, food or water
				  complies with public health standards required under federal or state law
				  unless the department annually certifies the laboratory operator to perform
				  that test at the laboratory where the test is performed. An annual certificate
				  expires on December 31 of each year.
Note:
A laboratory operator certified under
					 sub. (1) (a) to perform a specified drug residue test may perform both the
					 confirmatory drug residue test for which that operator is certified, as well as
					 the corresponding drug residue screening test.
(b) An operator may perform a drug residue
				  test as a screening test under s.
				  ATCP
				  77.23 at the operator's laboratory, even though the
				  operator is not certified under par. (a) to perform that drug residue test as a
				  confirmatory test, if the department annually approves the operator to perform
				  that drug residue screening test at that laboratory. An annual certificate of
				  approval expires on December 31 of each year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.04 - Applying for certification

Current through June 24, 2024
(1) INITIAL
				  APPLICATION. An operator shall apply for initial certification under s.
				  ATCP
				  77.03 on a form provided by the department. The
				  operator shall submit a separate application for each laboratory. An
				  application shall include all of the following:
(a) The operator's correct legal name and
				  address, and any trade names used by the operator. The application shall
				  indicate whether the operator is an individual, corporation, partnership,
				  cooperative association, limited liability company, trust, or other
				  organization or entity.
(b) The
				  name, address, telephone number, and e-mail address of the
				  laboratory.
(c) The name of the
				  laboratory administrator under s.
				  ATCP
				  77.12.
(d)
				  The tests under s.
				  ATCP
				  77.02 for which the operator seeks
				  certification.
(e) Documentation
				  that the laboratory is qualified to perform each test which the operator
				  identifies under par. (d). Documentation shall include all of the following:
1. Proof that the laboratory has all of the
				  equipment needed to perform each test.
2. Written test procedures used for each
				  test, or an identification of the standard test methods used for each
				  test.
3. Proof of analytical
				  proficiency in each test. Proof may consist of quality assurance test results
				  from comparison studies, split samples or proficiency tests which meet the
				  proficiency evaluation requirements under s.
				  ATCP
				  77.24 or 77.34. The operator of a water laboratory
				  shall also provide documentation required under s.
				  ATCP
				  77.32.
Note:
An operator may obtain application forms
					 and submit applications to the department at the following address:
Wisconsin department of agriculture, trade and consumer
					 protection
Division of food and recreational safety, bureau of food
					 and recreational businesses
Laboratory Certification Program
P.O. Box 8911
Madison, WI 53708-8911
(608) 224-4712
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.06 - Certification fees

Current through June 24, 2024
(1) FEE AMOUNTS. Except as provided under
				  sub. (2) or (3), an operator shall pay the following certification fees:
(a)
Milk or food tests.
An
				  annual certification fee of $492 for each test under s.
				  ATCP
				  77.02(1) or (2)  at each laboratory
				  for which the operator is certified. This fee does not apply to a laboratory
				  that is approved under s.
				  ATCP
				  77.23 only to conduct drug residue screening tests on
				  milk samples.
(b)
Certified
				  analysts; milk or food tests.
An annual certification fee of $36 for
				  each analyst who performs one or more tests under s.
				  ATCP
				  77.02(1) or (2). This fee does not
				  apply to an individual approved under s.
				  ATCP
				  77.23 only to conduct drug residue screening tests on
				  milk samples.
(c)
Discretionary inspection or additional analyst certification; milk or
				  food tests.
A supplemental fee of $180 for each discretionary
				  inspection or requested certification of one or more analysts to conduct any
				  test under s.
				  ATCP
				  77.02(1) or (2), if the certification
				  occurs at any time other than during a mandatory inspection under s.
				  ATCP
				  77.14(1). This fee does not apply to
				  an individual approved under s.
				  ATCP
				  77.23 only to conduct drug residue screening tests on
				  milk samples.
(d)
Water
				  tests.
An annual certification fee of $408 for each test under s.
				  ATCP
				  77.02(3) for which the operator is
				  certified.
(e)
Drug
				  residues in milk; screening tests.
The fees provided in s.
				  ATCP
				  77.23(3) if the laboratory performs
				  drug residue screening tests on milk samples.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.08 - Granting and withdrawing certification

Current through June 24, 2024
(1) GRANTING
				  CERTIFICATION. The department shall certify an operator under s.
				  ATCP
				  77.03 if the operator and laboratory comply with this
				  chapter. The department may conditionally certify an operator pending action by
				  the operator to correct deficiencies which the department has identified. The
				  department may summarily suspend a conditional certification, without prior
				  hearing, if the operator fails to correct the deficiencies within the time
				  specified by the department.
(2)
				  DEADLINE FOR ACTION ON CERTIFICATION REQUEST. Within 40 calendar days after the
				  department receives a complete application under s.
				  ATCP
				  77.04, the department shall do all the following:
(a) Inspect the laboratory if an inspection
				  is required under s.
				  ATCP
				  77.14(1).
(b) Grant the application, grant the
				  application subject to conditions, or deny the application.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.10 - Laboratory facilities

Current through June 24, 2024
(1) ADEQUATE FACILITIES. A certified
				  laboratory shall have all of the following:
(a) Adequate facilities, equipment and
				  supplies to perform the tests which the operator is certified to perform at
				  that laboratory.
(b) At least 5
				  linear feet of level bench top working space per analyst.
(c) At least 50 foot candles of light on each
				  bench top.
(d) Effective climate
				  controls to maintain proper temperature and humidity for testing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.12 - Laboratory administrator

Current through June 24, 2024
The laboratory administrator or a designated agent of the
					 administrator shall be present at every certified laboratory during daytime
					 business hours. The laboratory administrator shall do all of the following on
					 behalf of the laboratory operator:
(1)
				  Supervise the laboratory and its compliance with this chapter.
(2) Review and approve, for submission to the
				  department, every certification application which the operator submits for that
				  laboratory under s.
				  ATCP
				  77.04.
(3)
				  Supervise the procurement and maintenance of laboratory facilities, equipment
				  and supplies, and notify the department of material changes under s.
				  ATCP
				  77.10(3).
(4) Facilitate department inspections of the
				  laboratory. At the request of the department, the administrator shall grant the
				  department access to laboratory facilities, equipment and records, and shall
				  arrange for analysts to demonstrate their testing proficiency.
(5) Notify the department of changes in
				  laboratory analysts under s.
				  ATCP
				  77.22(10).
(6) Notify all laboratory customers if the
				  department suspends or revokes all or part of the laboratory's
				  certification.
(7) Report test
				  results to the appropriate regulatory agency, if required by law.
(8) Supervise laboratory recordkeeping under
				  s.
				  ATCP
				  77.16.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.14 - Inspecting a laboratory

Current through June 24, 2024
(1) MANDATORY INSPECTIONS. The department
				  shall inspect a laboratory at all of the following times:
(a) Before certifying the operator under s.
				  ATCP
				  77.03, for the first time, to perform tests at that
				  laboratory.
(b) At least once every
				  2 years after the department first certifies the operator under s.
				  ATCP
				  77.03 to perform tests under s.
				  ATCP
				  77.02(1) at that laboratory and at
				  least once every 3 years after the department first certifies the operator
				  under s.
				  ATCP
				  77.03 to perform any tests under s.
				  ATCP
				  77.02(2) or (3).
(c) Before the department certifies the
				  operator to perform a test under s.
				  ATCP
				  77.02 which the department has not previously
				  certified that operator to perform at that laboratory unless the laboratory is
				  currently certified for a test that utilizes the same or very similar
				  methodology.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter I - General Requirements › Section ATCP 77.16 - Laboratory records

Current through June 24, 2024
(1) RECORDS REQUIRED. An operator shall make
				  complete records related to all of the following:
(a) The training, experience and proficiency
				  testing of every analyst who performs tests for which the laboratory is
				  certified.
(b) Laboratory
				  evaluations required under this chapter.
(c) Laboratory policies and
				  procedures.
(d) Laboratory
				  facilities, equipment and supplies, including records related to procurement,
				  calibration, testing and maintenance.
(e) Quality control procedures and
				  monitoring.
(f) Tests performed at
				  the laboratory, including records related to the nature of the test, the person
				  for whom the test is performed, the assigned analysts, the test methods used,
				  the date and time of testing, and the test results obtained.
(g) Test reports filed with the department
				  and other government agencies.
Note:
For example, see reporting requirements
					 under chs.
					 ATCP
					 65 and
					 70 and chs.
					 NR
					 809 and 812.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter II - Milk and Food Laboratories › Section ATCP 77.20 - Milk and food laboratories; procedures

Current through June 24, 2024
(1) TEST METHODS.
				  An operator who performs any test listed under s.
				  ATCP
				  77.02(1) and (2) shall perform that
				  test according to methods specified in applicable reference materials under
				  sub. (2), or according to methods which the department approves in
				  writing.
(2) REFERENCE MATERIALS.
(a)
General
. An operator who
				  performs any test listed under s.
				  ATCP
				  77.02(1) or (2) shall keep, at the
				  certified laboratory, the manufacturer's complete operating and maintenance
				  instructions for equipment used to perform that test.
(b)
Milk tests.
An operator
				  who performs any test listed under s.
				  ATCP
				  77.02(1) shall keep the following
				  reference materials at the certified laboratory:
1. The FDA 2400 series laboratory evaluation
				  forms for that test.
2. The
				  "Standard Methods for the Examination of Dairy Products," 17th edition,
				  published by the American Public Health Association.
(c)
Food tests.
An operator
				  who performs any test listed under s.
				  ATCP
				  77.02(2) shall keep or have online
				  access to all of the following reference materials at the certified laboratory:
1. The authoritative reference manual, if
				  any, that applies to each type of food testing for which the laboratory is
				  certified.
2. The "Compendium of
				  Methods for the Microbiological Examination of Foods," 4th edition, published
				  by the American Public Health Association.
3. The FDA "Bacteriological Analytical
				  Manual," current on-line edition, if the operator performs a microbiological
				  test on food.
Note:
Copies of "Standard Methods for the
					 Examination of Dairy Products" and "Compendium of Methods for the
					 Microbiological Examination of Foods" are on file with the department and the
					 legislative reference bureau and may be obtained from the "APHA Bookstore" at
http://secure.apha.org/iMIS/APHA/Store
.
Copies of the "Bacteriological Analytical Manual" are on
					 file with the department and the legislative reference bureau and may be viewed
					 online at
http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter II - Milk and Food Laboratories › Section ATCP 77.22 - Milk and food laboratories; certified analysts

Current through June 24, 2024
(1) CERTIFICATION
				  REQUIRED.
(a) Except as provided in par. (b),
				  no analyst may perform a test listed under s.
				  ATCP
				  77.02(1) or (2) unless the department
				  certifies that analyst under this section to perform that test.
(b) Paragraph (a) does not apply to an
				  individual who is solely engaged in performing a drug residue screening test,
				  provided that the department has approved that individual under s.
				  ATCP
				  77.23(2) to perform that
				  test.
(c) The department shall
				  certify the analysts employed at a laboratory when it conducts a mandatory
				  inspection of that laboratory under s.
				  ATCP
				  77.14(1). The department may certify
				  new analysts, or certify analysts to perform other tests, at other
				  times.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter II - Milk and Food Laboratories › Section ATCP 77.23 - Drug residues in milk; screening tests

Current through June 24, 2024
(1) LABORATORY
				  APPROVED.
(a) The department may approve a
				  laboratory to perform a drug residue test as a screening test, even though the
				  laboratory is not certified under s.
				  ATCP
				  77.03 to perform the test as a confirmatory test. An
				  approval expires on December 31 of each year. An approved laboratory shall
				  comply with s.
				  ATCP 65.76(2)
				  (b).
(b) The department may not approve a
				  laboratory under par. (a) unless all of the following apply:
1. The department has approved at least one
				  individual under sub. (2) to perform the drug residue screening test at the
				  approved laboratory.
2. The
				  laboratory has written agreements with one or more certified laboratories to
				  provide the confirmatory testing required under s.
				  ATCP 65.76(2) (b)
				  3.
(c) The department shall inspect a laboratory
				  under par. (a) before approving the laboratory to perform a visual read drug
				  residue screening test, and before approving any individual under sub. (2) to
				  perform a visual read drug residue screening test at that
				  laboratory.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter II - Milk and Food Laboratories › Section ATCP 77.24 - Milk and food analysts; proficiency evaluation

Current through June 24, 2024
(1) ANNUAL
				  PROFICIENCY EVALUATION REQUIRED. Except as provided in sub. (4), the department
				  may not renew an analyst's certification to perform any test listed under s.
				  ATCP
				  77.02(1) or (2) unless, within the
				  year immediately preceding that renewal, the analyst passes a proficiency
				  evaluation for that test. The proficiency evaluation shall comply with this
				  section.
(2) FORM OF EVALUATION. In
				  a proficiency evaluation under sub. (1), an analyst shall examine samples
				  prepared by an approved evaluator under sub. (3). The contents of the samples
				  shall be known only to the evaluator. The evaluator shall rate the analyst's
				  proficiency by comparing the analyst's results to the known contents of the
				  samples, and shall report those results and ratings to the department. The
				  reported results and ratings are rebuttably presumed to be valid for purposes
				  of s.
				  ATCP
				  77.22 and this section.
(3) APPROVED EVALUATOR. The department, or
				  another evaluator approved by the department in writing, shall serve as a
				  proficiency evaluator under sub. (2).
Note:
The department will approve an evaluator
					 under sub. (3) if FDA approves that evaluator for the same
					 purpose.
(4) EVALUATION
				  PROCEDURE; GENERAL. A proficiency evaluation under sub. (1) shall be conducted
				  according to a standard evaluation procedure which the department approves in
				  writing. An analyst is not required to complete a proficiency evaluation for
				  any test unless the department has approved a standard evaluation procedure for
				  that test. A standard evaluation procedure shall comply with applicable
				  requirements under sub. (5), and shall include standards for all of the
				  following:
(a) The evaluator's preparation of
				  proficiency evaluation samples.
(b)
				  The analyst's examination of proficiency evaluation samples.
(c) Deadlines for examining proficiency
				  evaluation samples and reporting test results.
(d) The evaluator's review and rating of the
				  analyst's proficiency.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter III - Water Laboratories › Section ATCP 77.30 - Water laboratories; procedures

Current through June 24, 2024
(1) TEST METHODS.
				  An operator who performs any test listed under s.
				  ATCP
				  77.02(3) shall perform that test
				  according to methods specified in applicable reference materials under sub.
				  (2), or according to methods which the department approves in
				  writing.
(2) REFERENCE MATERIALS.
				  An operator who performs any test listed under s.
				  ATCP
				  77.02(3) shall keep all of the
				  following reference materials at the certified laboratory:
(a) The manufacturer's complete operating and
				  maintenance instructions for equipment used to perform that test.
(b) The U.S. environmental protection agency
				  Manual for the Certification of Laboratories Analyzing Drinking Water," 5th
				  edition.
(c) Standard Methods for
				  the "Examination of Water" and "Wastewater," 18th, 19th, 20th or 21st edition,
				  published by the American Public Health Association, the American Water Works
				  Association and the Water Environment Federation.
Note:
Copies of Standard Methods for the
					 "Examination of Water" and Waste Water" are on file with the department and the
					 legislative reference bureau and may be obtained from the APHA Bookstore" at
http://secure.apha.org/iMIS/APHA/Store
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter III - Water Laboratories › Section ATCP 77.32 - Water laboratory analysts

Current through June 24, 2024
(1) OPERATOR TO
				  DOCUMENT COMPETENCY. In every initial or renewal application for water
				  laboratory certification, a laboratory operator shall document that the
				  analysts who perform each test under s.
				  ATCP
				  77.02(3) for which the laboratory
				  seeks certification are properly trained to perform that test, and can
				  accurately test positive and negative blind samples. Analysts are not required
				  to be certified by the department.
(2) DEPARTMENT TO AUDIT COMPETENCY. Whenever
				  the department performs a mandatory inspection of a water laboratory under s.
				  ATCP
				  77.14(1), the department shall
				  observe and evaluate the competency of at least one analyst who performs tests
				  under s.
				  ATCP
				  77.02(3) for which the department is
				  certifying the water laboratory. The department shall use the United States
				  environmental protection agency Manual for the Certification of Laboratories
				  Analyzing Drinking Water," 5th edition, to evaluate the analyst's
				  competency.
Copies of the Manual for the Certification of
						Laboratories Analyzing Drinking Water" are on file with the department and the
						legislative reference bureau and may be obtained from the U.S. Environmental
						Protection Agency at
						https://www.epa.gov/dwlabcert/laboratory-certification-manual-drinking-water.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 77 - Laboratory Certification › Subchapter III - Water Laboratories › Section ATCP 77.34 - Water laboratories; proficiency evaluation

Current through June 24, 2024
(1) EVALUATION
				  REQUIRED. Except as provided in sub. (4), the department may not issue or renew
				  an operator's certification to perform any test listed under s.
				  ATCP
				  77.02(3) unless, within the year
				  immediately preceding that certification or renewal, the laboratory passes a
				  proficiency evaluation for that test.
(2) FORM OF EVALUATION. In a laboratory
				  proficiency evaluation under sub. (1), an operator shall assign an analyst to
				  examine samples prepared by an approved evaluator under sub. (3). The contents
				  of the samples shall be known only to the evaluator. The analyst who examines
				  the samples shall be an analyst who normally performs that test at the
				  certified laboratory. The evaluator shall rate the operator's proficiency by
				  comparing the analyst's results to the known contents of the samples, and shall
				  report those results and ratings to the department. The reported results and
				  ratings are rebuttably presumed to be valid for purposes of this section.
(3) APPROVED EVALUATOR. The state
				  of Wisconsin laboratory of hygiene, or another evaluator approved by the
				  department in writing, shall be the evaluator in a proficiency evaluation under
				  sub. (1).
(4) EVALUATION PROCEDURE;
				  GENERAL. A proficiency evaluation under sub. (1) shall be conducted according
				  to a standard evaluation procedure which the department approves in writing. An
				  operator is not required to complete a proficiency evaluation for any test
				  unless the department has approved a standard evaluation procedure for that
				  test. A standard evaluation procedure shall include standards for all the
				  following:
(a) The evaluator's preparation of
				  proficiency evaluation samples.
(b)
				  The operator's examination of proficiency evaluation samples.
(c) Deadlines for examining proficiency
				  evaluation samples and reporting test results.
(d) The evaluator's review and rating of the
				  operator's proficiency.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter I - Definitions, Authority and Purpose › Section ATCP 78.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 93.07(1),
					 97.67(1) and
					 (4),
					 97.30(2) (a),
					 97.625, and
					 227.11(2) (a),
					 Stats., to prescribe rules for recreational and educational camps and
					 hospitality activities for enforcement by the department and agent local health
					 departments to protect public health and safety.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter I - Definitions, Authority and Purpose › Section ATCP 78.02 - Scope

Current through June 24, 2024
(1) APPLICABILITY.
				  This chapter applies to the operators of recreational and educational camps and
				  to the department and its agents.
(2) VARIANCES. When it appears to the
				  department that strict adherence to a provision of this chapter is impractical
				  for a particular camp, the department may approve a variance from that
				  provision requested by that camp's operator if the operator provides the
				  department with satisfactory proof that the approval of the variance will not
				  jeopardize the public's health, safety, or welfare.
(3) PROCEDURE FOR VARIANCE REQUEST.
(a)
Application.
Request for
				  modification or waiver of a requirement of this chapter shall be submitted in
				  writing to the department or its agent having jurisdiction along with
				  documentation specified in par. (d).
(b)
Local review.
A local
				  inspector shall review the request and forward it to the department with
				  recommendations for approval or disapproval.
(c)
Department action on a
				  variance.
On receipt of a complete variance request as specified in
				  this section, the department shall review the request and grant or deny the
				  request in writing within 30 working days. A variance approved by the
				  department shall be made conditional for a defined period of time, or shall
				  expire 5 years from the date of issuance. The department or its agent shall
				  maintain a copy of the variance in the establishment's inspection history
				  file.
(d)
Application
				  contents.
Documentation justifying a proposed variance from the
				  requirements of this chapter shall include all of the following:
1. A statement of the proposed variance from
				  this chapter requirement citing relevant chapter location numbers.
2. The rationale for how the potential public
				  health hazards and nuisances addressed by the relevant chapter section will be
				  alternatively addressed by the proposed variance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter II - Licensing and Fees › Section ATCP 78.04 - License holder qualifications

Current through June 24, 2024
To qualify for holding a license, an applicant shall do
					 all of the following:
(1) Be an owner
				  of the camp or an officer of the legal entity owning the camp or an entity
				  under a duly created and approved agreement in effect for the duration of the
				  license period for use of lands as a camp.
(2) Comply with the requirements of this
				  chapter.
(3) Allow authorized
				  representatives of the department or its agent access to the camp and provide
				  required information to those authorized representatives.
(4) Pay the applicable license fees at the
				  time the application is submitted.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter II - Licensing and Fees › Section ATCP 78.05 - License holder responsibilities

Current through June 24, 2024
Upon acceptance of the license issued by the department or
					 its agent, the license holder shall do all of the following in order to retain
					 the license:
(1) Comply with the
				  provisions of this chapter and any other applicable chapters.
(2) Immediately contact the department or its
				  agent to report an illness of a food employee or conditional employee pursuant
				  to ch. ATCP 75 Appendix 2-201.11 (B).
(3) Immediately discontinue operations
				  directly related to an imminent health hazard and immediately notify the
				  department or its agent.
(4)
				  Replace existing facilities and equipment that no longer comply with the
				  criteria set forth in this chapter according to time period pursuant to s. ATCP
				  78.09 (2).
(5) Comply with
				  directives of the department or its agent including meeting deadlines for
				  taking corrective actions specified in inspection reports, notices, orders,
				  warnings, and other directives issued by the department or its agent for the
				  license holder's camp or in response to community emergencies.
(6) Accept notices issued and served by the
				  department or its agent according to law.
(7) Be subject to the administrative, civil,
				  injunctive, and criminal remedies authorized in law for failure to comply with
				  this chapter.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter II - Licensing and Fees › Section ATCP 78.06 - Plan review

Current through June 24, 2024
(1) APPROVAL
				  REQUIRED. An operator shall obtain plan approval from the department or its
				  agent before any of the following occurs:
(a)
New construction.
The operator begins construction of a
				  camp.
(b)
Modifications.
The operator modifies a camp by adding or
				  moving a structure that was subject to a previous plan review by the department
				  or its agent.
Note:
In addition to meeting the department's
					 plan review requirements, a person should consult with other agencies that may
					 also require prior plan or construction approval, such as the Wisconsin
					 department of safety and professional services, the Wisconsin department of
					 natural resources, or the local building and zoning agency before commencing
					 construction or modification of a camp.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter II - Licensing and Fees › Section ATCP 78.08 - Department fees

Current through June 24, 2024
(1) CAMP LICENSE
				  CATEGORY ASSIGNMENT.
(a)
Criteria.
1. The department
				  or its agent shall assign a camp to a license category by evaluating the
				  complexity of the camp based on the criteria specified in Table A.
2. A camp whose point value is 5 or less,
				  shall be assigned to the simple license category.
3. A camp whose point value is 6 to 10 shall
				  be assigned to the moderate license category.
4. A camp whose point value is 11 or more
				  shall be assigned to the complex license category.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter III - Enforcement and Appeals › Section ATCP 78.09 - Enforcement

Current through June 24, 2024
(1) INSPECTIONS AND
				  ACCESS TO THE PREMISES.
(a)
Inspections.
Pursuant to ss.
				  93.07(24) (e)
				  and 97.65(1),
				  Stats., an authorized employee or agent of the department, upon presenting
				  proper identification, may enter any camp at any reasonable time, for any of
				  the following purposes:
1. To inspect the
				  camp.
2. To determine if there has
				  been a violation of this chapter or s.
				  97.67, Stats.
3. To determine compliance with previously
				  written orders to correct violations.
4. To secure samples or specimens.
5. To examine and copy relevant documents and
				  records related to the operation of the camp.
6. To obtain photographic or other evidence
				  needed to enforce this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter III - Enforcement and Appeals › Section ATCP 78.10 - Suspension or revocation of license

Current through June 24, 2024
Pursuant to s.
					 97.12(3) (b),
					 Stats., the department may, by summary order and without prior notice or
					 hearing, suspend a license issued under this chapter if the department finds
					 that there has been a substantial failure to comply with the applicable
					 requirements of this chapter and that the continuation of the violations
					 constitutes a serious danger to public health. The order shall be in writing,
					 have the force and effect of an order issued pursuant to s.
					 93.18, Stats., and is subject to
					 right of hearing before the department, if requested within 10 days after date
					 of service.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter III - Enforcement and Appeals › Section ATCP 78.11 - Appeals of actions by the department

Current through June 24, 2024
If requested in writing within 10 days after date of the
					 service of an order, a hearing shall be conducted as specified in ch. ATCP 1.
					 Enforcement of the order shall not be stayed pending action on the hearing. A
					 request for hearing does not automatically stay or modify a summary special
					 order.
Note:
A request for hearing shall be
					 submitted to the department's secretary via email at
					 datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911,
					 Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive,
					 Madison, Wisconsin 53718. The hearing may be conducted by the department
					 secretary or designee.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter III - Enforcement and Appeals › Section ATCP 78.12 - Appeals of actions by agent health departments

Current through June 24, 2024
If an agent issues a license under this chapter, the
					 operator shall appeal an enforcement action to the agent health
					 department.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter IV - Standards for Recreational and Educational Camps › Section ATCP 78.13 - Qualifications of an authorized representative conducting inspections

Current through June 24, 2024
An authorized representative of the department or its
					 agent who inspects a camp or conducts a plan review for compliance with this
					 chapter, shall meet the staffing qualification requirements set forth in s.
					 ATCP 74.08.
This section is created eff. 9-24-23 by CR
						21-109.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter IV - Standards for Recreational and Educational Camps › Section ATCP 78.14 - Inspections

Current through June 24, 2024
(1) REFUSED
				  INSPECTION; PROCESS. If a person denies access to the department or its agent,
				  the department or its agent shall inform the person of all the following:
(a)
Access.
The license
				  holder is required to allow access to the department or its agent as specified
				  pursuant to s. 97.12, Stats.
(b)
License conditions.
Access is a condition of the acceptance and retention of a license to operate a
				  camp as specified pursuant to s. ATCP 78.04 (3).
(c)
Inspection warrant.
If
				  the camp license holder denies access to an authorized representative of the
				  department or its agent, the department or its agent may apply for an
				  inspection warrant to allow access as provided in law pursuant to s.
				  66.0119, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 78 - Recreational And Educational Camps › Subchapter IV - Standards for Recreational and Educational Camps › Section ATCP 78.15 - Active managerial control

Current through June 24, 2024
(1) INSPECTION
				  FREQUENCY. An annual inspection may be waived for not more than 2 out of every
				  3 license years, if the camp has exhibited active managerial control of public
				  health hazards.
(2) CRITERIA. The
				  operator shall meet all the following criteria to demonstrate active managerial
				  control that may qualify for a reduced inspection frequency by the department
				  or its agent:
(a)
Reinspection
				  history.
No reinspections have occurred after the last 3 routine
				  inspections related to this chapter, or any other license issued by the
				  department or its agent pursuant to ss.
				  97.30,
				  97.605, and
				  97.67, Stats.
(b)
Standard operation
				  procedures.
The camp has written standard operating procedures for all
				  of the following, if applicable:
1. Rental
				  group agreements pursuant to s. ATCP 78.16.
2. Food service operation procedures
				  including: temperature monitoring, employee handwashing, employee illness
				  restrictions and exclusions, cleaning and sanitizing utensils, surfaces and
				  equipment; vomiting and diarrhea clean up, date marking, receiving delivery of
				  food, no bare hand contact with ready-to-eat foods, and washing fruits and
				  vegetables.
3. Supervision, safety
				  and staff coverage pursuant to s. ATCP 78.26, including specific procedures for
				  specialized and non-specialized program activities.
4. Health staffing and medication
				  administration as required pursuant to s. ATCP 78.27.
5. Primitive camping and backcountry trips as
				  specified pursuant to s. ATCP 78.32.
(c)
Monitoring and corrective
				  action.
The camp has implemented monitoring, corrective action and
				  documentation procedures for standard operating procedures.
(d)
Verification.
The camp
				  has implemented a verification and documentation process for the standard
				  operating procedures.
Note:
Camps with a written strategic plan and
					 involvement within professional organizations are indicators that a camp is
					 focused on the continuous process of effective control over public health
					 hazards.