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(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.
“Utensil” means a FOOD-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of FOOD, such as KITCHENWARE or TABLEWARE that is multiuse, SINGLE-SERVICE, or SINGLE-USE; gloves used in contact with FOOD; temperature sensing probes of FOOD TEMPERATURE MEASURING DEVICES; and probe-type price or identification tags used in contact with FOOD.
“Variance” means a written document issued by the DEPARTMENT that authorizes a modification or waiver of one or more requirements of this Code if, in the opinion of the DEPARTMENT, a health HAZARD or nuisance will not result from the modification or waiver.
“Vending machine” has the meaning given in s. 97.01 (15p), Stats.
Note: Section 97.01 (15p), Stats., defines VENDING MACHINES as any self–service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of FOOD or BEVERAGE either in bulk or in PACKAGE, without the necessity of replenishing the device between each vending operation. “VENDING MACHINE” does not include a device which dispenses only bottled, prePACKAGED or canned soft drinks, a one cent vending device, a VENDING MACHINE dispensing only candy, gum, nuts, nut meats, cookies or crackers, or a VENDING MACHINE dispensing only prePACKAGED grade A pasteurized milk or milk products.
Vending machine commissary" means any building, room or place in the state at which FOODS, containers, transport equipment, or supplies for VENDING MACHINES or micro markets are kept, handled, prepared, or stored by a VENDING MACHINE OPERATOR or micro market operator, except a place at which the OPERATOR is licensed to manufacture, distribute, or sell FOOD products under ch. 97, Stats.
“Vending machine location” means the room, enclosure, space, or area where one or more VENDING MACHINES are installed and operated and includes the storage areas and areas on the PREMISES that are used to service and maintain the VENDING MACHINES.
“Vending machine operator" has the meaning prescribed in s. 97.01 (15y), Stats., namely, the person maintaining a place of business in the state and responsible for the operation of one or more vending machines.
“Warewashing” means the cleaning and SANITIZING of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT.
“Whole-muscle, intact beef” means whole muscle beef that is not INJECTED, MECHANICALLY TENDERIZED, reconstructed, or scored and marinated, from which beef steaks may be cut. - See PDF for table PDF - See PDF for table PDF
(C) Responding correctly to the inspector's questions as they relate to the specific FOOD operation. The areas of knowledge include:
(1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a FOOD EMPLOYEE; Pf
(2) Explaining the responsibility of the PERSON IN CHARGE for preventing the transmission of foodborne disease by a FOOD EMPLOYEE who has a disease or medical condition that may cause foodborne disease; Pf
(3) Describing the symptoms associated with the diseases that are transmissible through FOOD; Pf
(4) Explaining the significance of the relationship between maintaining the time and temperature of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and the prevention of foodborne illness; Pf
(5) Explaining the HAZARDS involved in the consumption of raw or undercooked MEAT, POULTRY, EGGS, and FISH; Pf
(6) Stating the required FOOD temperatures and times for safe cooking of
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD including MEAT, POULTRY, EGGS, and FISH; Pf
(7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; Pf
(8) Describing the relationship between the prevention of foodborne illness and the management and control of the following:
(a) Cross-contamination, Pf
(b) Hand contact with READY-TO-EAT FOODS, Pf
(c) Handwashing, Pf and
(d) Maintaining the FOOD ESTABLISHMENT in a clean condition and in good repair; Pf
(9) Describing FOODS identified as MAJOR FOOD ALLERGENS and the symptoms that a MAJOR FOOD ALLERGEN could cause in a sensitive individual who has an allergic reaction. Pf
(10) Explaining the relationship between FOOD safety and providing EQUIPMENT that is:
(a) Sufficient in number and capacity, Pf and
(b) Properly designed, constructed, located, installed, operated, maintained, and cleaned; Pf
(11) Explaining correct procedures for cleaning and SANITIZING UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT; Pf
(12) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; Pf
(13) Identifying POISONOUS OR TOXIC MATERIALS in the FOOD ESTABLISHMENT and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to LAW; Pf
(14) Identifying CRITICAL CONTROL POINTS in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code; Pf
(15) Explaining the details of how the PERSON IN CHARGE and FOOD EMPLOYEES comply with the HACCP PLAN if a plan is required by the LAW, this Code, an approved procedure, or a RISK CONTROL PLAN developed by the REGULATORY AUTHORITY and the establishment; Pf
(16) Explaining the responsibilities, rights, and authorities assigned by this Code to the:
(a) FOOD EMPLOYEE, Pf
(b) CONDITIONAL EMPLOYEE, Pf
(c) PERSON IN CHARGE, Pf
(d) REGULATORY AUTHORITY; Pf and
(17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES. Pf - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
(A) FOOD ESTABLISHMENT operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under § 6-202.111; Pf
(B) PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and tours may be authorized by the PERSON IN CHARGE if steps are taken to ensure that exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES are protected from contamination; Pf
(C) EMPLOYEES and other PERSONS such as delivery and maintenance PERSONS and pesticide applicators entering the FOOD preparation, FOOD storage, and WAREWASHING areas comply with this Code; Pf
(D) EMPLOYEES are effectively cleaning their hands, by routinely monitoring the EMPLOYEES' handwashing; Pf
(E) EMPLOYEES are visibly observing FOODS as they are received to determine that they are from APPROVED sources, delivered at the required temperatures, protected from contamination, free of visible unADULTERATED, and accurately presented, by routinely monitoring the EMPLOYEES' observations and periodically evaluating FOODS upon their receipt; Pf
(F) EMPLOYEES are verifying that FOODS delivered to the FOOD ESTABLISHMENT during non-operating hours are from APPROVED sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unADULTERATED, and accurately presented; Pf
(G) EMPLOYEES are properly cooking TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, being particularly careful in cooking those FOODS known to cause severe foodborne illness and death, such as EGGS and COMMINUTED MEATS, through daily oversight of the EMPLOYEES' routine monitoring of the cooking temperatures using appropriate TEMPERATURE MEASURING DEVICES properly scaled and calibrated as specified under § 4-203.11 and ¶ 4-502.11 (B); Pf
(H) EMPLOYEES are using proper methods to rapidly cool TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that are not held hot or are not for consumption within 4 hours, through daily oversight of the EMPLOYEES' routine monitoring of FOOD temperatures during cooling; Pf
(I) EMPLOYEES are properly maintaining the temperatures of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS during hot and cold holding through daily oversight of the EMPLOYEES' routine monitoring for FOOD temperatures; Pf
(J) CONSUMERS who order raw or partially cooked READY-TO-EAT FOODS of animal origin are informed as specified under § 3-603.11 that the FOOD is not cooked sufficiently to ensure its safety; Pf
(K) EMPLOYEES are properly SANITIZING cleaned multiuse EQUIPMENT and UTENSILS before they are reused, through routine monitoring of solution temperature and exposure time for hot water SANITIZING, and chemical concentration, pH, temperature, and exposure time for chemical SANITIZING; Pf
(L) CONSUMERS are notified that clean TABLEWARE is to be used when they return to self-service areas such as salad bars and buffets as specified under § 3-304.16; Pf
(M) Except when APPROVAL is obtained from the REGULATORY AUTHORITY as specified in ¶ 3-301.11 (E), EMPLOYEES are preventing cross-contamination of READY-TO-EAT FOOD with bare hands by properly using suitable UTENSILS such as deli tissue, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT; Pf
(N) EMPLOYEES are properly trained in FOOD safety, including FOOD allergy awareness, as it relates to their assigned duties; Pf
(O) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed in a verifiable manner of their responsibility to report in accordance with LAW, to the PERSON IN CHARGE, information about their health and activities as they relate to diseases that are transmissible through FOOD, as specified under ¶ 2-201.11 (A); Pf and
(P) Written procedures and plans, where specified by this Code and as developed by the FOOD ESTABLISHMENT, are maintained and implemented as required. Pf - See PDF for table PDF
(a) Vomiting, P
(b) Diarrhea, P
(c) Jaundice, P
(d) Sore throat with fever, P or
(e) A lesion containing pus such as a boil or infected wound that is open or draining and is:
(i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a SINGLE-USE glove is worn over the impermeable cover, P
(ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, P or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; P - See PDF for table PDF
(a) Norovirus, P
(b) Hepatitis A virus, P
(c) Shigella spp., P
(d) SHIGA TOXIN-PRODUCING ESCHERICHIA COLI, P
(e) Typhoid fever (caused by Salmonella Typhi); P or
(f) Salmonella (nontyphoidal); P
Note: A complete listing of communicable diseases that can be transmitted through FOOD can be obtained from any local health department. - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
(1) EXCLUDED as specified under ¶¶ 2-201.12 (A) - (C), and Subparagraphs (D)(1), (E)(1), (F)(1), (G) or (H)(1) and in compliance with the provisions specified under ¶¶ 2-201.13(A) - (H); P or
(2) RESTRICTED as specified under Subparagraphs 2-201.12 (D)(2), (E)(2), (F)(2), (H)(2), or ¶¶ 2-201.12(I) or (J) and in compliance with the provisions specified under ¶¶ 2-201.13(D) - (J). P - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
(1) EXCLUDE the FOOD EMPLOYEE for who works in a FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION; P or
(2) RESTRICT the FOOD EMPLOYEE who works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION. P - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
(b) Provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER that states the symptom is from a noninfectious condition. P - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of a Shigella spp. infection based on test results showing 2 consecutive negative stool specimen cultures that are taken:
(a) Not earlier than 48 hours after discontinuance of antibiotics, P and
(b) At least 24 hours apart; P
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.