ATCP 75.10(3)(b)1.
1. If the department upon completed analysis or examination determines that the food described in such holding order is not adulterated or misbranded, then the owner or custodian thereof shall be promptly notified in writing, and such holding order shall terminate upon notification.
ATCP 75.10(3)(b)2.
2. Where the analysis or examination shows that the food is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the owner or custodian of the food shall be notified in writing within the effective time of the holding order. Such notice has the effect of a special order issued under s.
93.18, Stats. Upon receipt of a notice, the food subject to the holding order may not be sold, moved, disposed of or brought into compliance with applicable standards without the approval of the department. If such food is not brought into compliance, sold, moved, or disposed of within 30 days, or other agreed upon period of time, from the date the owner or custodian received notice that the food was adulterated or misbranded, the department may issue an order directing the disposition of the food. Such an order has the effect of a special order issued under s.
93.18, Stats.
ATCP 75.10(3)(c)
(c) Any person violating an order issued under this subsection may be fined not more than the maximum amount or imprisoned not more than one year in the county jail or both. The maximum fine under this paragraph equals $10,000 plus the retail value of the product moved, sold, or disposed of in violation of the order issued under this subsection.
ATCP 75.10(4)
(4)
Special orders and orders to abate a danger to public health. As specified under s.
97.12 (3), Stats.:
ATCP 75.10(4)(a)
(a) The department may issue a special order as provided under s.
93.18 Stats., to any person engaged in the production, processing, sale, or distribution of food if the department finds a violation of this chapter or the rules promulgated under this chapter. An order shall state the violations found and shall specify a deadline for correction.
ATCP 75.10(4)(b)
(b) If the department finds that a piece of equipment, a facility, or a practice used is a danger to public health, it may order that the situation be abated or eliminated immediately and that the equipment, facility or practice not be used until the violation is corrected and the correction is confirmed by the department. The department may, instead of issuing an order, accept written agreements of voluntary compliance, which have the effect of an order.
ATCP 75.10 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (1) (b), (2) (a), (3) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.12
ATCP 75.12 Suspension or revocation of license. The department may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department finds that there has been a substantial failure to comply with the applicable requirements of this chapter and the rules promulgated under this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued under s.
93.18, Stats., and is subject to right of hearing before the department, if requested within 10 days after date of service.
ATCP 75.12 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.14
ATCP 75.14 Appeals of actions by the department; right of hearing. If requested in writing within 10-days after date of the service of an order, a hearing shall be conducted within 10 days after receipt of a request for a hearing. Enforcement of the order shall not be stayed pending action on the hearing.
ATCP 75.14 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.16
ATCP 75.16 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create and follow enforcement and appeal procedures under s.
66.0417 Stats.
ATCP 75.16 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.18
ATCP 75.18
Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a retail food establishment or conducts a plan review for compliance with ch.
ATCP 75 and its Appendix shall meet the staffing qualification requirements set forth in s.
ATCP 74.08.
ATCP 75.18 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.20(1)(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:
ATCP 75.20(1)(c)
(c) If the license holder denies access to a retail food establishment to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law under s.
66.0119, Stats.
ATCP 75.20(2)
(2)
Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub.
(1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.
ATCP 75.20(3)(a)
(a) The department or its agent shall inspect a retail food establishment at least once during the licensing period.
ATCP 75.20(3)(b)
(b) The department may approve, upon request, an increase in the interval between inspections beyond 12 months if any of the following conditions exist:
ATCP 75.20(3)(b)2.
2. The agent submits a plan to the department, requesting an inspection frequency based on the risk of food establishment operations using criteria under s.
ATCP 75.08 (1) (a) and
(b). The total number of inspections performed shall equal the number of licenses issued.
ATCP 75.20 Note
Note: The intent of this provision is to allow greater inspection frequency for high-risk retail food establishments by decreasing inspection frequency for low-risk retail food establishments.
ATCP 75.20(4)
(4)
Inspection documentation. The department or its agent shall document all of the following on an inspection report form:
ATCP 75.20(4)(a)
(a) Administrative information about the retail food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the retail food establishment.
ATCP 75.20(4)(b)
(b) The conditions or other violations from this chapter and ch.
ATCP 75 Appendix, that require corrective action by the license holder. An accompanying narrative shall contain all of the following:
ATCP 75.20(4)(b)1.
1. A factual description of the violation observed, including location of the observed violation.
ATCP 75.20(4)(b)2.
2. Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation.
ATCP 75.20(4)(b)3.
3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.
ATCP 75.20(4)(b)4.
4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:
ATCP 75.20(4)(b)4.a.
a. The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item.
ATCP 75.20(4)(b)4.b.
b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item or HACCP Plan deviation as defined in ch.
ATCP 75 Appendix.
ATCP 75.20(4)(b)4.c.
c. The license holder shall correct core items, as defined in ch.
ATCP 75 Appendix, by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days, if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.
ATCP 75.20(5)
(5)
Issuing a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department shall sign the completed inspection report. The department or its agent shall then perform an exit interview and obtain a signature on the inspection report from the license holder's designated person in charge, as that term is used in ch.
ATCP 75 Appendix part 2-101.11(A). A copy of the inspection report shall be left with the person in charge at the completion of the inspection or emailed or otherwise presented within 2 business days after completion of the inspection.
ATCP 75.20(6)
(6)
Refusal to sign inspection report. If the license holder's designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following:
ATCP 75.20(6)(a)
(a) Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.
ATCP 75.20(6)(b)
(b) Inform the person that refusal to sign the inspection report will not affect the license holder's obligation to correct the violations noted in the inspection report by the deadlines specified.
ATCP 75.20(7)
(7)
Posting of inspection reports. The department and its agents shall make inspection reports available to the public on the internet.
ATCP 75.20 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (2), (4) (b) 2. made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.30(2)
(2)
The provisions of this chapter apply to any vending machine offered for public use, except a vending machine which dispenses only pastry items, which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions or are otherwise not time/temperature control for safety foods, or prepackaged Grade A pasteurized milk or milk products.
ATCP 75.30 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.32
ATCP 75.32 Approval of vending machines and related equipment. ATCP 75.32(1)(1)
Approval authority. All vending machines and related equipment used at a vending machine location shall be approved by the department, using construction criteria developed by the National Sanitation Foundation (NSF) or the National Automatic Merchandising Association (NAMA).
ATCP 75.32(2)
(2)
Inspection for evidence of approval. Whenever an authorized representative or agent of the department inspects a vending machine and finds that the vending machine does not contain an identifiable license as required under s.
ATCP 75.06, the authorized representative or agent of the department shall place the vending machine in a non-vend position by sealing the money or credit card insert slot, as applicable. Failure of the operator to maintain a non-vend condition until an authorized representative or agent of the department is satisfied that the vending machine is properly licensed and identified shall be cause for an action under ss.
97.65,
97.72, and
97.73, Stats.
ATCP 75.32 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.34(1)(1)
A vending machine location record shall be maintained on file at the license holder's place of business within the State. That record shall include all of the following location information for each machine:
ATCP 75.34(2)
(2)
The entry under each machine in the vending machine location record shall include the machine serial number and model number, the department's license number, and a designation of the machine by primary vending purpose. Primary vending purposes are:
ATCP 75.34 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.36
ATCP 75.36 Maintenance and service connections. ATCP 75.36(1)(1)
Replacement parts. All replacement parts and tubing shall be equal to or exceed original equipment specifications. Any clear tubing used shall be replaced with clear tubing only. No part built in as a function of the vending machine may be removed or bypassed.
ATCP 75.36(2)(a)(a)
Utility openings. All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or closed to prevent the entry of insects and rodents.
ATCP 75.36(2)(b)
(b)
Miscellaneous openings. Miscellaneous openings into the cabinet and through the cabinet wall, other than coin entrance, money or credit card slots, coin returns, and crown pullers, but including openings for optional service connections or alternate installations, shall be provided with effective closures by the manufacturer. The closures shall be provided for these not-in-use openings, and shall be easily identifiable, properly marked or adequately described in the instruction manual for their intended use.
ATCP 75.36(2)(c)
(c)
Disconnection safeguards. All service connections to utilities shall be of a type that will discourage their unauthorized or unintentional disconnection.
ATCP 75.36 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.38(1)(1)
Cleaning and sanitizing facilities. Approved facilities for cleaning and sanitizing equipment shall be available for each vending machine location or at a central location. At a central location, product contact surfaces shall be protected from contamination during storage, transportation, and installation. Facilities for cleaning and sanitizing shall include either a permanently fixed three-compartment sink large enough to accommodate the immersion of the largest equipment and utensil or portable washing facilities such as a service wagon, metal or plastic pails, or another mobile device which can be moved from one location to another.
ATCP 75.38(2)
(2)
Cleaned in place. In machines designed so that food-contact surfaces are not readily removable, all surfaces intended for in-place cleaning shall be designed and fabricated so that all of the following conditions are met:
ATCP 75.38(2)(a)
(a) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen.
ATCP 75.38(2)(b)
(b) Cleaning and sanitizing solutions will contact all food-contact surfaces.
ATCP 75.38(2)(c)
(c) The system is self-draining or capable of being completely evacuated.
ATCP 75.38(2)(d)
(d) The procedures used result in thorough cleaning and sanitizing of the equipment.
ATCP 75.38 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.40(1)(1)
Removal. All trash and other food product waste material shall be removed from the vending machine location as frequently as may be necessary to prevent attracting vermin, or creating a nuisance and unsightliness, and shall be disposed of in a manner that will not attract insects or rodents.
ATCP 75.40(2)
(2)
Containers. Self-closing, leak-proof and easily cleanable refuse containers shall be provided in the vicinity of each machine or machines to receive cartons, wrappers, and other items of refuse.
ATCP 75.40(3)(a)(a) Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow, and other internal wastes.
ATCP 75.40(3)(b)
(b) An automatic shutoff device shall be provided, which will place the vending machine out of operation before a container overflows. The cutoff mechanism shall be set at a point to permit removal of the waste container from the machine without spillage.
ATCP 75.40(3)(c)
(c) Containers and surfaces on which wastes may accumulate shall be readily removable for cleaning, easily cleanable, and corrosion resistant.
ATCP 75.40 History
History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.
