Wisconsin Legislature: Chapter ATCP 75 Appendix

“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;

(4) Improper holding temperatures; and

(5) Contaminated EQUIPMENT.

“Safe material” means:

(1) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any FOOD;

(2) An ADDITIVE that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic Act; or

(3) Other materials that are not ADDITIVES and that are used in conformity with applicable regulations of the Food and Drug Administration.

“Sanitization” means the application of cumulative heat or chemicals on cleaned FOOD-CONTACT SURFACES that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

“Sealed” means free of cracks or other openings that allow the entry or passage of moisture.

“Service animal” means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

“Service Base” means an operating base location to which a MOBILE FOOD ESTABLISHMENT or transportation vehicle returns regularly for such things as vehicle and EQUIPMENT cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding FOOD.

“Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

“Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of MOLLUSCAN SHELLFISH harvesters and DEALERS for interstate commerce.

“Shellstock” means raw, in-shell MOLLUSCAN SHELLFISH.

“Shiga toxin-producing Escherichia coli” (STEC) means any E. coli capable of producing Shiga toxins (also called verocytotoxins.) STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild, nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS – a type of kidney failure). Examples of serotypes of STEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; and E. coli O111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or as EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC which can cause hemorrhagic colitis or HUS.

“Shucked shellfish” means MOLLUSCAN SHELLFISH that have one or both shells removed.

“Single-service articles” means TABLEWARE, carry-out UTENSILS, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one PERSON use after which they are intended for discard.

Single-Use Articles.

(1) “Single-use articles” means UTENSILS and bulk FOOD containers designed and constructed to be used once and discarded.

(2) “Single-use articles” includes items such as wax paper, butcher paper, plastic wrap, formed aluminum FOOD containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under §§ 4-101.11, 4-201.11, and 4-202.11 for multiuse UTENSILS.

“Slacking” means the process of moderating the temperature of a FOOD such as allowing a FOOD to gradually increase from a temperature of -23°C (-10°F) to -4°C (25°F) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen FOOD such as shrimp.

“Smooth” means:

(1) A FOOD-CONTACT SURFACE having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;

(2) A nonFOOD-CONTACT SURFACE of EQUIPMENT having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

(3) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

“Tableware” means eating, drinking, and serving UTENSILS for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

“Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of FOOD, air, or water.

“Temporary food establishment” means a FOOD ESTABLISHMENT that operates at a fixed location for a period of no more than 14 consecutive days in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, anniversary sale, or occasional sales promotion.

Time/Temperature Control for Safety Food (formerly “potentially hazardous food” (PHF).

(1) “Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(2) “Time/temperature control for safety food" includes:

(a) An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-treated or consists of raw seed sprouts, cut melons, CUT LEAFY GREENS, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and

(b) Except as specified in Subparagraph (3) (d) of this definition, a FOOD that because of the interaction of its AW and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition: - See PDF for table

- See PDF for table

(3) “Time/temperature control for safety food" does not include:

(a) An air-cooled hard-boiled EGG with shell intact, or an EGG
with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable Salmonellae;

(b) A FOOD in an unopened HERMETICALLY SEALED CONTAINER that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(c) A FOOD that because of its pH or AW value, or interaction of AW pH values, is designated as a non-TCS FOOD in Table A or B of this definition;

(d) A FOOD that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that FOOD Is precluded due to:

(i) Intrinsic factors including added or natural characteristics of the FOOD such as preservatives, antimicrobials, humectants, acidulants, or nutrients,

(ii) Extrinsic factors including environmental or operational factors that affect the FOOD such as PACKAGING, modified atmosphere such as REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range of storage and use, or

(iii) A combination of intrinsic and extrinsic factors; or

(e) A FOOD that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (3)(a) -(3)(d) of this definition even though the FOOD may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

“USDA” means the U.S. Department of Agriculture.