(1) “Food establishment" means an operation that:
(a) Stores, prepares, PACKAGES, serves, vends food directly to the CONSUMER, or otherwise provides FOOD for human consumption such as a restaurant as defined in s.
97.01 (14g), Stats.; satellite or catered feeding location; catering operation if the operation provides FOOD directly to a CONSUMER or to a conveyance used to transport people; market; vending location; institution; or FOOD bank; and
(b) Relinquishes possession of FOOD to a CONSUMER directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) “Food establishment" includes:
An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the PREMISES; and regardless of whether there is a charge for the FOOD.
(3) “Food establishment" does not include:
(a) An establishment that offers only prePACKAGED FOODS that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOODS;
(b) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(c) A FOOD PROCESSING PLANT; including those that are located on the PREMISES of a FOOD ESTABLISHMENT;
(d) A kitchen in a private home if only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by LAW and if the CONSUMER is informed by a clearly visible placard at the sales or service location that the FOOD is prepared in a kitchen that is not subject to regulation and inspection by the REGULATORY AUTHORITY;
(e) An area where FOOD that is prepared as specified in Subparagraph (3)(d) of this definition is sold or offered for human consumption;
(f) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers FOOD to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 8, breakfast is the only meal offered, the number of guests served does not exceed 20; or
(g) A private home that receives catered or home-delivered FOOD.
Food Processing Plant.
(1) “Food processing plant” means a commercial operation that manufactures, PACKAGES, labels, or stores FOOD for human consumption, and provides FOOD for sale or distribution to other business entities such as FOOD PROCESSING PLANTS or FOOD ESTABLISHMENTS.
(2) “Food processing plant” does not include a FOOD ESTABLISHMENT.
Game Animal.
(1)
“Game animal” means an animal, the products of which are FOOD, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in
9 CFR 301.2 - Definitions, or as POULTRY, or as FISH.
(2) “Game animal” includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat; and nonaquatic reptiles such as land snakes.
(3) “Game animal” does not include RATITES.
“General use pesticide” means a pesticide that is not classified by EPA for restricted use as specified in
40 CFR 152.175 — Pesticides classified for restricted use.
“Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry milk and milk products comply.
Note: A copy of the “Grade A Pasteurized Milk Ordinance” may be secured from the Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food Safety (HFS316), 5100 Paint Branch Parkway, College Park, MD 20740-3835 or you can contact the Wisconsin department of agriculture, trade and consumer protection.
“HACCP plan” means a written document that delineates the formal procedures for following the HAZARD Analysis and CRITICAL CONTROL POINT principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
Handwashing Sink.
(1) “Handwashing sink” means a lavatory, a basin or vessel for washing, a wash basin, or a PLUMBING FIXTURE especially placed for use in personal hygiene and designed for the washing of the hands.
(2) “Handwashing sink” includes an automatic handwashing facility.
“Hazard” means a biological, chemical, or physical property that may cause an unacceptable CONSUMER health RISK.
“Health practitioner” means a physician licensed to practice medicine, or if allowed by LAW, a nurse practitioner, physician assistant, or similar medical professional.
“Hermetically sealed container” means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned FOODS, to maintain the commercial sterility of its contents after PROCESSING.
“Highly susceptible population” means PERSONS who are more likely than other people in the general population to experience foodborne disease because they are:
(1) Immunocompromised; preschool age children, or older adults; and
(2) Obtaining FOOD at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.
“Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:
(1) The number of potential injuries; and
(2) The nature, severity, and duration of the anticipated injury.
“Injected” means manipulating MEAT to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “
pump marinating,” or “stitch pumping.”
Juice.
(1) “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée.
(2) “Juice” does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as BEVERAGES or ingredients of BEVERAGES.
“Kitchenware” means FOOD preparation and storage UTENSILS.
“Law” means applicable local, state, and federal statutes, regulations, and ordinances.
“License” means the document issued by the REGULATORY AUTHORITY that authorizes a PERSON to operate a FOOD ESTABLISHMENT.
“License holder” means the entity that:
(1) Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the owner, the owner's agent, or other PERSON; and
(2) Possesses a valid LICENSE, as applicable, to operate a FOOD ESTABLISHMENT.
“Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
Major Food Allergen.
(1) “Major food allergen” means:
(a) Milk, EGG, FISH (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or
(b) A FOOD ingredient that contains protein derived from a FOOD, as specified in Subparagraph (1) (a) of this definition.
(2) “Major food allergen” does not include:
(a) Any highly refined oil derived from a FOOD specified in Subparagraph (1) (a) of this definition and any ingredient derived from such highly refined oil; or
(b) Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
“Meat” means the flesh of animals used as FOOD including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except FISH, POULTRY, and wild GAME ANIMALS as specified under Subparagraphs 3-201.17 (A) (3) and (4).
Mechanically Tenderized.
(1) “Mechanically tenderized” means manipulating MEAT with deep penetration by processes which may be referred to as “blade tenderizing,” “
jaccarding,” “pinning,” “needling,” or using blades, pins, needles, or any mechanical device.
(2) “Mechanically tenderized” does not include processes by which solutions are INJECTED into MEAT.
“mg/L” means milligrams per liter, which is the metric equivalent of parts per million (ppm).
“Milk and milk products" means grade A milk and grade A milk products.
Mobile Food Establishment.
(1) “Mobile food establishment” means a restaurant or retail FOOD ESTABLISHMENT where FOOD is served or sold from a movable vehicle, intrastate railway car, push cart, trailer, or boat which periodically or continuously changes location and requires a SERVICE BASE to accommodate the unit for servicing, cleaning, inspection and maintenance or except as specified in ¶ 9-103.11 (D).
(2) “Mobile food establishment”
does not include a vehicle which is used solely to transport or deliver FOOD or a common carrier regulated by the state or federal government, or a movable concession stand designed to operate as a TEMPORARY FOOD ESTABLISHMENT or a traveling retail FOOD ESTABLISHMENT.
“Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
“New” in reference to a FOOD ESTABLISHMENT, means operating with a LICENSE from the DEPARTMENT or its agent for the first time on or after [the effective date of this code].
Non-Continuous Cooking.
(1) “Non-continuous cooking” means the cooking of FOOD in a FOOD ESTABLISHMENT using a process in which the initial heating of the FOOD is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service.
(2) “Non-continuous cooking” does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.
“Operator” means the LICENSE HOLDER or PERSON responsible to the LICENSE HOLDER for the operation of the FOOD ESTABLISHMENT.
Packaged.
(1)
“Packaged” means bottled, canned, cartoned, securely bagged, or securely wrapped, whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT as defined in s.
97.01 (12), Stats.
(2) “Packaged” does not include wrapped or placed in a carry-out container to protect the FOOD during service or delivery to the CONSUMER, by a FOOD EMPLOYEE, upon CONSUMER request.
“Person” means an association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
“Person in charge” means the individual present at a FOOD ESTABLISHMENT who is responsible for the operation at the time of inspection.
Personal Care Items.
(1) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a PERSON'S health, hygiene, or appearance.
(2) “Personal care items” include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
“pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
“Physical facilities” means the structure and interior surfaces of a FOOD ESTABLISHMENT including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
“Plumbing fixture” means a receptacle or device that:
(1) Is permanently or temporarily connected to the water distribution system of the PREMISES and demands a supply of water from the system;
(2) Discharges used water, waste materials, or SEWAGE directly or indirectly to the drainage system of the PREMISES.
“Plumbing system” means the water supply and distribution pipes; PLUMBING FIXTURES and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the PREMISES; and water-treating EQUIPMENT.
“Poisonous or toxic materials” means substances that are not intended for ingestion and are included in 4 categories:
(1) Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(2) Pesticides, except cleaners and SANITIZERS, which include substances such as insecticides and rodenticides;
(3) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and PERSONAL CARE ITEMS that may be deleterious to health; and
(4) Substances that are not necessary for the operation and maintenance of the establishment and are on the PREMISES for retail sale, such as petroleum products and paints.
