Paragraph (¶) 9-101.11 (A)
Subparagraph 9-101.11 (A) (1)
Code provisions are either appropriate for citing and debiting on an inspection report or they are not. Those not intended for citing/debiting are identified by the digits following the decimal point in the numbering system. These “nondebitable” provisions fall into two categories, those that end with two digits after the decimal point and the last digit is a zero, e.g., § 1-201.10; and those that end with three digits after the decimal point and the last 2 digits are zeros, e.g., § 8-805.100.
Two types of internal cross referencing are widely used throughout the Code to eliminate the need for restating provisions.
A. The first type of cross reference uses phrases that contain the word “under,” e.g., “as specified under... (followed by the relevant portion of the Code).”
The purpose of this type of cross reference is to:
1) Alert the reader to relevant information, and
2) Provide a system by which each violation is recorded under the one most appropriate provision. This type of cross reference signals to the reader the provision of the Code under which a certain violation is properly cited/debited.
B. The second type of cross reference uses phrases that contain the word “in,” e.g., “as specified in...(followed by the relevant portion of the Code).”
The purpose of this type of cross reference is to:
1) Indicate the specific provisions of a separate document such as a federal regulation that are being incorporated by reference in the requirement of the Code, e.g., ¶ 3-201.11 (C); or
2) Refer the reader to a nondebitable provision of the Code providing further information for consideration, such as provision for an exception or for an allowance to comply via an alternative method.
For example, ¶ 3-201.16 (A) begins with “Except as specified in ¶ (B)...” and ¶ (B) states the relevant exceptions to ¶ (A). Paragraph 3-201.11 (E) states in part, “... as specified in ¶ 3-401.11 (C)” and ¶ 3-401.11 (C) provides for an allowance to serve or sell raw or undercooked, whole-meat, intact beef steaks in a ready-to-eat form.
If you review the exception in ¶ 3-201.16 (B) and the allowance in ¶ 3-401.11 (C), you will see that exceptions and allowances often contain conditions of compliance, i.e., conditions that must be met in order for the exception or allowance to apply.
Based on the violation being cited, the substance of the text being referred to and the context in which the reference is made, users of the Code must infer the intent of the cross reference. That is, the user must determine if the cross reference simply alerts the user to additional information about the requirement or if the cross reference:
• sends (via the word “under”) the citing/debiting to another Code provision; or
• incorporates (via the word “in”) the referenced requirements into the Code provision.
The Wisconsin Food Code presents requirements by principle rather than by subject. For example, equipment requirements are presented under headings such as Materials, Design and Construction, Numbers and Capacities, Location and Installation, and Maintenance and Operation rather than by refrigerators, sinks, and thermometers. In this way, provisions need be stated only once rather than repeated for each piece or category of equipment. Where there are special requirements for specific equipment, the requirement is delineated under the appropriate principle (e.g., Design and Construction) and listed separately in the index.
Categories of Importance:
Priority Items, Priority Foundation Items, and Core Items
Requirements contained in the Food Code are identified as being in one of 3 categories of importance:
PRIORITY ITEM (i.e., 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);
PRIORITY FOUNDATION ITEM (i.e., a provision in this Code whose application supports, facilitates, or enables one or more PRIORITY ITEMS); and
CORE ITEM (i.e., a provision in this Code that is not designated as a PRIORITY ITEM or a PRIORITY FOUNDATION ITEM and that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance).
A “P” or “Pf” designation after a paragraph or subparagraph indicates that the provision within that section is a PRIORITY ITEM or PRIORITY FOUNDATION ITEM. Any unmarked provisions within a section are CORE ITEMS.
Font Style
Italics Text Portions of some sections are written in italics. These provisions are not requirements, but are provided to convey relevant information about specific exceptions and alternative means for compliance. Italics are often pursuant to a preceding provision that states a requirement, to which the italics offer an exception or another possibility. Italicized sections usually involve the words “except for,” “may,” “need not,” or “does not apply.” See, e.g., ¶ 3-202.18 (D).
TEXT IN “caps”
Defined words and terms are in “caps” in the text to indicate that they are defined under ¶ 1-201.10 (B) or § 12-101.12, and that the meaning of a provision is to be interpreted in the defined context. A concerted effort was also made to capitalize all forms and combinations of those defined words and terms that are related to the definition.
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(A) General information such as the name of the license applicant or LICENSE HOLDER, the FOOD ESTABLISHMENT address, and contact information;
(B) A categorization of the types of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that are to be controlled under the HACCP PLAN; Pf
(C) A flow diagram or chart for each specific FOOD or category type that identifies:
(1) Each step in the process; Pf
(2) The HAZARDS and controls for each step in the flow diagram or chart; Pf
(3) The steps that are CRITICAL CONTROL POINTS; Pf
(4) Ingredients, materials, and EQUIPMENT used in the preparation of that FOOD; Pf and
(5) Formulations or recipes that delineate methods and procedural control measures that address the FOOD safety concerns involved; Pf
(D) A CRITICAL CONTROL POINTS summary for each specific FOOD or category type that clearly identifies:
(1) Each CRITICAL CONTROL POINT, Pf
(2) The CRITICAL LIMITS for each CRITICAL CONTROL POINT, Pf
(3) The method and frequency for monitoring and controlling each CRITICAL CONTROL POINT by the designated FOOD EMPLOYEE or the PERSON IN CHARGE, Pf
(4) The method and frequency for the PERSON IN CHARGE to routinely verify that the FOOD EMPLOYEE is following standard operating procedures and monitoring CRITICAL CONTROL POINTS, Pf
(5) Action to be taken by the designated food employee or the PERSON IN CHARGE if the CRITICAL LIMITS for each CRITICAL CONTROL POINT are not met, Pf and
(6) Records to be maintained by the PERSON IN CHARGE to demonstrate that the HACCP PLAN is properly operated and managed; Pf and
(E) Supporting documents such as:
(1) FOOD EMPLOYEE and supervisory training plan that addresses the FOOD safety issues of concern; Pf
(2) Copies of blank records forms that are necessary to implement the HACCP PLAN; Pf
(3) Additional scientific data or other information, as required by the DEPARTMENT, supporting the determination that FOOD safety is not compromised by the proposal. Pf
Accredited Program.
(1) “Accredited program” means a FOOD protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
(2) “Accredited program” refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.
(3) “Accredited program” does not refer to training functions or educational programs.
Additive.
(1)
“Food additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (s) and
21 CFR 170.3 (e) (1).
(2)
“Color additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201 (t) and
21 CFR 70.3 (f).
“Adulterated” has the meaning stated in s.
97.02, Stats.
“Approved” means acceptable to the REGULATORY AUTHORITY based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
Asymptomatic.
(1) “Asymptomatic” means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.
(2) “Asymptomatic” includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
“aw” means water activity which is a measure of the free moisture in a FOOD, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.
“Balut” means an embryo inside a fertile EGG that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.
“Beverage” means a liquid for drinking, including water.
“Bottled drinking water” means water that is SEALED in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
“Casing” means a tubular container for sausage products made of either natural or artificial (synthetic) material.
“Certification number” means a unique combination of letters and numbers assigned by a SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH DEALER according to the provisions of the National Shellfish Sanitation Program.
“CFR” means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as
40 CFR 180.194 refers to Title 40, Part 180, Section 194.
CIP.
(1) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and SANITIZING solution onto or over EQUIPMENT surfaces that require cleaning, such as the method used, in part, to clean and SANITIZE a frozen dessert machine.
(2) “CIP” does not include the cleaning of EQUIPMENT such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.
“Commingle” means:
(1) To combine SHELLSTOCK harvested on different days or from different growing areas as identified on the tag or label; or
(2) To combine SHUCKED SHELLFISH from containers with different container codes or different shucking dates.
Comminuted.
(1) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.
(2) “Comminuted” includes FISH or MEAT products that are reduced in size and restructured or reformulated such as gefilte FISH, gyros, ground beef, and sausage; and a mixture of 2 or more types of MEAT that have been reduced in size and combined, such as sausages made from 2 or more MEATS.
“Conditional employee” means a potential FOOD EMPLOYEE to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential FOOD EMPLOYEES who may be suffering from a disease that can be transmitted through FOOD and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.
“Confirmed disease outbreak” means a FOODBORNE DISEASE OUTBREAK in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the FOOD as the source of the illness.
“Consumer” means a person who is a member of the public, takes possession of FOOD, is not functioning in the capacity of an OPERATOR of a FOOD ESTABLISHMENT or FOOD PROCESSING PLANT, and does not offer the FOOD for resale.
Core Item.
(1) “Core item” means a provision in this Code that is not designated as a PRIORITY ITEM or a PRIORITY FOUNDATION ITEM.
(2) “Core item” includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
“Corrosion-resistant material” means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the FOOD to be contacted, the normal use of cleaning compounds and SANITIZING solutions, and other conditions of the use environment.
“Counter-mounted equipment” means EQUIPMENT that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
“Critical control point” means a point or procedure in a specific FOOD system where loss of control may result in an unacceptable health RISK.
“Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a CRITICAL CONTROL POINT to minimize the RISK that the identified FOOD safety HAZARD may occur.
“Cut leafy greens” means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term “leafy greens” does not include herbs such as cilantro or parsley.
“Dealer” means a PERSON who is authorized by a SHELLFISH CONTROL AUTHORITY for the activities of SHELLSTOCK shipper, shucker-packer, repacker, reshipper, or depuration processor of MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish Sanitation Program.
