Wisconsin Legislature: Chapter ATCP 75 Appendix

(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.

“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 LICENSE HOLDER; or

(2) of this definition, if its facilities and contents are under the control of the 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 PLAN, 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.

“Processed” means:

(1) The preparation of FOOD for sale or service through the process of, extracting, fermentation, distilling, pickling, freezing, baking, assembling, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process.

(2) PROCESSED does not mean the canning of FOOD or the smoking of FISH in a FOOD ESTABLISHMENTS.

“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.

“Pushcart” means a MOBILE FOOD ESTABLISHMENT solely moved by the efforts of the operator and not designed to be towed.

“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 one of the following: ¶ 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 in Subparagraphs 3-401.11 (D) (1) and (3); or

(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 fruits and vegetables that are washed as specified under § 3-302.15;

(d) All 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

(e) FOODS manufactured as specified in 21 CFR Part 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 atmosphere (approximately 21% at sea level); 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;

(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 vacuum packaged in an 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; or 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 product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, or ATCP 29, and that is limited to use by or under the direct supervision of a certified applicator.

“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 written plan developed by the FOOD ESTABLISHMENT OPERATOR in conjunction with the REGULATORY AUTHORITY that describes a system for controlling 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;