Wisconsin Legislature: Chapter ATCP 75 Appendix

(D) Items that are kept in closed PACKAGES may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks, and skids that are designed as specified under § 4-204.122. - See PDF for table

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(B) Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by EMPLOYEES and by CONSUMERS if CONSUMER self-service is provided.

(C) Except as specified under ¶ (B) of this section, SINGLE-SERVICE ARTICLES that are intended for FOOD-or lip-contact shall be furnished for CONSUMER self-service with the original individual wrapper intact or from an APPROVED dispenser. - See PDF for table

(A) A supply of containers of commercially BOTTLED DRINKING WATER; Pf

(B) One or more closed portable water containers; Pf

(D) An on-PREMISES water storage tank; Pf or

(E) Piping, tubing, or hoses connected to an adjacent APPROVED source. Pf - See PDF for table

- See PDF for table

- See PDF for table

- See PDF for table

(B) A steam mixing valve may not be used at a HANDWASHING SINK.

(1) At a newly constructed FOOD ESTABLISHMENT when a HANDWASHING SINK, or sink faucet is replaced or installed it shall have a faucet of the type which is not hand operated.

(2) That is equipped with a self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

(D) An automatic handwashing facility shall be installed in accordance with manufacturer's instructions. - See PDF for table

(B) The piping of a nonDRINKING WATER system shall be durably identified so that it is readily distinguishable from piping that carries DRINKING WATER . Pf - See PDF for table

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Note: Contact the Safety and Building Division at the department of safety and professional services, P.O. Box 2509, Madison, WI 53701, telephone 608-266-3151 and 711 (TTY) or https://dsps.wi.gov/pages/home.aspx.

Note: You can contact the department of natural resources at bureau of watershed management, P.O. Box 7921, Madison, WI, 53707, or dnr.wi.gov/topic/watersheds/. - See PDF for table

(B) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and SEALED to provide a SMOOTH, nonabsorbent, EASILY CLEANABLE surface. - See PDF for table

(B) Insect control devices shall be installed so that:

(1) The devices are not located over a FOOD preparation area; and

(2) Dead insects and insect fragments are prevented from being impelled onto or falling on exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES. - See PDF for table

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(B) Paragraph (A) of this section, does not apply if a FOOD ESTABLISHMENT opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

(1) Solid and tight-fitting;

(2) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the FOOD ESTABLISHMENT; and

(3) Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

(D) Except as specified in ¶¶ (B) and (E) of this section, if the windows or doors of a FOOD ESTABLISHMENT, or of a larger structure within which a FOOD ESTABLISHMENT is located, are kept open for ventilation or other purposes or a TEMPORARY FOOD ESTABLISHMENT is not provided with windows and doors as specified under ¶ (A) of this section, the openings shall be protected against the entry of insects and rodents by:

(1) 16 mesh to 25.4mm (16 mesh to 1 inch) screens;

(2) Properly designed and installed air curtains to control flying insects; or

(3) Other effective means.

(E) Paragraph (D) does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition. - See PDF for table

(B) At least 215 lux (20 foot candles):

(1) At a surface where FOOD is provided for CONSUMER self-service such as buffets and salad bars or where fresh produce or PACKAGED FOODS are sold or offered for consumption,

(2) Inside EQUIPMENT such as reach-in and under-counter refrigerators; and

(3) At a distance of 75 cm (30 inches) above the floor in areas used for handwashing, WAREWASHING, and EQUIPMENT and UTENSIL storage, in toilet rooms; and

(C) At least 540 lux (50 foot candles) at a surface where a FOOD EMPLOYEE is working with FOOD or working with UTENSILS or EQUIPMENT such as knives, slicers, grinders, or saws where EMPLOYEE safety is a factor. - See PDF for table

(B) Live animals may be allowed in the following situations if the contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result:

(1) Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(3) In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or person, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;

(4) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

(a) Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas,

(b) Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present, and

(c) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and

(5) In areas that are not used for FOOD preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.

(C) Live or dead FISH bait may be stored if contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result.

(D) Only dogs may be allowed in the outside seating areas of a FOOD ESTABLISHMENT if the following requirements are strictly followed:

(1) Applies to the exterior areas of outdoor dining of a FOOD ESTABLISHMENT only. Live animals are not allowed in the interior portions of the FOOD ESTABLISHMENT.

(2) A separate entrance is provided to reach the outdoor dining area so that dogs never enter the FOOD ESTABLISHMENT.

(3) The OPERATOR shall provide signage alerting customers that dogs are allowed in outdoor seating areas. Signage shall be approved by REGULATORY AUTHORITY.

(4) No food or BEVERAGE preparation shall be allowed in the outdoor dining area.

(5) Customer multi-use or reusable UTENSILS such as plates, silverware, glasses and bowls shall not be stored, displayed or pre-set in the outdoor dining area.

(6) FOOD shall not be served to pets in the outdoor dining areas of a FOOD ESTABLISHMENT. However, water may be provided by the FOOD ESTABLISHMENT for consumption by the dog in SINGLE-USE disposable containers.

(7) EMPLOYEES shall be prohibited from having direct contact with dogs while on duty.

(8) Dogs shall not be allowed on chairs, seats, benches, and tables.

(9) The outdoor dining areas of a FOOD ESTABLISHMENT shall be maintained clean at all times

(10) In cases where excrement or other bodily fluids (urine, saliva, and vomit) are deposited, an EMPLOYEE shall immediately clean the affected area. - See PDF for table

- See PDF for table

(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES. This paragraph does not apply to EQUIPMENT and UTENSIL cleaners and SANITIZERS that are stored in WAREWASHING areas for availability and convenience if the materials are stored to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES. P - See PDF for table

- See PDF for table

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(A) Meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (FOODCONTACT SURFACE SANITIZING solutions)P, or

(B) Meet the requirements as specified in 40 CFR 180.2020 Pesticide Chemicals Not Requiring a Tolerance or Exemption from Tolerance-Non-food determinations. P - See PDF for table

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(1) Generally recognized as safe for use in FOOD as specified in 21 CFR 182 - Substances Generally Recognized as Safe, or 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, P

(2) Generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe, P

(3) Generally recognized as safe for the intended use as determined by experts qualified in scientific training and experience to evaluate the safety of substances added, directly or indirectly, to FOOD as described in 21 CFR 170.30 Eligibility for classification as generally recognized as safe (GRAS), P

(4) Subject of an effective Food Contact Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA) Section 409(h), P

(5) APPROVED for use as a drying agent under a prior sanction as described in the Federal Food Drug and Cosmetic Act (FFDCA) § 201(s) (4); P

(6) Specifically regulated as an indirect FOOD ADDITIVE for use as a drying agent as specified in 21 CFR Parts 174-178, P or

(7) APPROVED for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39 Threshold of regulation for substances used in food-contact articles; P and

(B) When SANITIZATION is with chemicals, the approval required under Subparagraph (A)(5) or (A)(7) of this section, or the regulation as an indirect FOOD ADDITIVE required under Subparagraph (A)(6) of this section, shall be specifically for use with chemical SANITIZING solutions. P - See PDF for table

(B) Stored in a kit or a container that is located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, and LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES. P - See PDF for table

- See PDF for table

- See PDF for table

(D) If APPROVED by the DEPARTMENT, an enclosed building as specified in ¶ (A) of this section, may not be required as a SERVICE BASE if it can be demonstrated that the lack of such a building will not interfere with the sanitary operation or servicing, cleaning, inspection and maintenance of the MOBILE FOOD ESTABLISHMENT. - See PDF for table

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(B) The water storage tank shall be sized as specified in § 5-103.11, but no smaller than the following:

(1) A MOBILE FOOD ESTABLISHMENT that only serves BEVERAGES or prepared FOOD or reheats prepared FOODS shall have a water storage tank with a capacity of at least 38 liters (10 gallons) for FOOD EMPLOYEE handwashing;

(2) A FOOD PUSHCART shall have a water storage tank with a minimum capacity of 19 liters (5 gallons) for handwashing; or

(3) A MOBILE FOOD ESTABLISHMENT that prepares FOOD or BEVERAGES on the unit shall have a water storage tank with a capacity of at least 151 liters (40 gallons) for handwashing, UTENSIL washing and SANITIZING purposes.

(C) The water storage tank shall be constructed and maintained as specified in Part 5-3, and shall be provided with a gauge graduated to read water volume in gallons or liters. - See PDF for table

(B) The PUSHCART shall provide adequate shielding to protect FOOD from contamination.

(C) Every PUSHCART shall have a SERVICE BASE of operations consisting of an enclosed building of sufficient size to accommodate PUSHCARTS for servicing, cleaning, inspection, maintenance and storage. - See PDF for table

(B) When a TEMPORARY FOOD ESTABLISHMENT cannot connect to an APPROVED SEWAGE disposal system, a container for liquid waste storage shall be provided and shall be emptied when necessary to a public sewer or other location APPROVED by the DEPARTMENT or its agent. - See PDF for table

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(A) The DEPARTMENT, on the basis of construction criteria developed by the national sanitation foundation (NSF) or the national automatic merchandising association (NAMA); or

(B) A testing laboratory APPROVED by the DEPARTMENT. Testing laboratories APPROVED by the DEPARTMENT are the national sanitation foundation (NSF) and laboratories participating in the national automatic merchandising association (NAMA) VENDING MACHINE evaluation program.

Note: DEPARTMENT approval is based upon the NSF or NAMA construction criteria. Copies of the criteria can be obtained by writing the National Sanitation Foundation, P.O. Box 130140, 789 N Dixboro Rd., Ann Arbor, Michigan 48105 or the National Automatic Merchandising Association, 20 N. Wacker Drive, suite 3500, Chicago, Illinois 60606. - See PDF for table

(B) Dispensing. All SINGLE-SERVICE ARTICLES with which FOOD normally comes in contact, including straws, spoons, forks, and containers, shall be furnished to the customer in the original individual wrapper, unopened, or in a sanitary SINGLESERVICE dispenser APPROVED by the DEPARTMENT. - See PDF for table

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