The rule does not have an effect on all retail food establishments.
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Those already licensed as mobile restaurants will not be affected since their bases have the requisite license under the rules of DHS. ·
Mobile retail food establishments that operate at special events or temporary events will not need this license. ·
Mobile restaurants operating at temporary events such as farmers’ markets currently do not need it.For those operators of bases serving mobile retail food establishments that only sell non-perishable, packaged foods, the effect will also be minimal. The only operators who may find the regulations more involved, and the expense to meet them greater, are those operators who are also doing complex processing and preparation of food destined for other sales channels besides mobile retail food establishments. In this situation, the base must hold the appropriate license for the additional activity or activities performed, and may already do so, instead of the mobile retail food establishment base license. Possible licenses include a food processing plant license under ATCP 70, a dairy plant license under ATCP 65, and a food warehouse license under ATCP 71. Some activities performed in those settings must also be done under the Hazard Analysis Critical Control Point (HACCP) system, such as fish processing that would require Seafood HACCP (21 CFR part 123, as cited in s. ATCP 70.18), Juice Processing that would require Juice HACCP (21 CFR part 120, as cited in s. ATCP 70.23), or the processing and/or repacking of Molluscan Shellfish that would require compliance with the HAACP-based Molluscan Shellfish Program found in s. ATCP 70.21. Reporting, Bookkeeping and other Procedures
The proposed rule may necessitate the purchase of new license. That should not create any new reporting, bookkeeping or other procedures for small businesses. The tracking of licenses issued, needing renewals, and the associated notifications and billing are done by DATCP.
Professional Skills Required
The proposed rule does not require any new professional skills by small businesses.
Accommodation for Small Business
Many of the businesses affected by this rule are “small businesses.” For the most part, this rule does not make special exceptions for “small businesses”. The license required under this emergency rule is a flat-fee regardless of type needed or size of business.
Conclusion
This rule will not have a significant adverse effect on “small business,” and is not subject to the delayed “small business” effective date provided in s. 227.22(2)(e), Stats. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Dated this ______ day of _________________, 2016.
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
By __________________________________
Steve Ingham, Administrator,
Division of Food and Recreational Safety
Department of Agriculture, Trade, and
Consumer Protection.
