Michigan allows local jurisdictions to perform only restaurant inspection. All other retail food establishment inspection is done by the state. Michigan does not require restaurant inspectors to hold an RS or an REHS credential, but does have state accreditation standards that are roughly similar, and require twenty Continuing Education Units (CEUs) of on-going education per year as well as the successful completion of an audit. The agent programs are allowed to issue licenses and set fees.
Illinois does not perform any retail food inspection on a state level. Local programs perform all the retail and restaurant inspection. They do not issue licenses locally, but are funded by a state grant, the Local Health Program Grant. The state requires a Licensed Health Professional certification, which is Illinois’ version of Wisconsin’s RS or the national REHS. This certification requires five CEUs per year. The state evaluates the local programs at the same rate Wisconsin does, and their program depends on passing an evaluation.
Data and Analytical Methodologies
This rule was developed using chs. DHS 192 and ATCP 75 and the department’s new contract with agent programs. Enquiries were also made to surrounding states in an effort to ascertain their requirements and practices for similar programs. Effect on Small Business
This rule change is anticipated to have no impact on small business, as local agents were already handling licensing, investigations, and inspection for many of these businesses, when the programs were in two agencies, this department and the Department of Health Services.
DATCP Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Peter Haase, Director
Bureau of Food and Recreational Businesses
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this rule is approved by the Board of Agriculture, Trade and Consumer Protection.
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Section 1. ATCP 74 is repealed and recreated to read:
LOCAL AGENTS AND REGULATION
ATCP 74.01 Definitions.
ATCP 74.02 Scope.
ATCP 74.04 Agent status.
ATCP 74.06 Terms of the contract.
ATCP 74.08 Staffing.
ATCP 74.10 Inspections.
ATCP 74.12 Complaint investigations.
ATCP 74.14 Evaluation and training.
ATCP 74.16 Enforcement and sampling.
ATCP 74.18 Reimbursements and other payments for services.
ATCP 74.20 Reports and records.
ATCP 74.22 Licensing and standards.
ATCP 74.24 License denial, suspension or revocation.
ATCP 74.26 Contract denial, termination, revocation or suspension.
Note: Chapter ATCP 74 was created from applicable portions of ch. ATCP 75 and ch. DHS 192, to facilitate the oversight of agent programs, formerly under the Department of Health Services, by the Department of Agriculture, Trade and Consumer Protection. ATCP 74.01 Definitions. As used in this chapter:
(1) “Agent” means a local health department of a village, city, county, or portions of counties, or consortium of counties that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging and recreational safety program, under s. 97.41 and 97.615 (2) (b), Stats., in the health department’s area of jurisdiction. (2) “Agent program” means the retail food establishment, lodging, and recreational safety regulatory program operated by an agent.
(3) “Department” means the Wisconsin department of agriculture, trade, and consumer protection.
(4) “Contract” means a signed, written agreement between a local health department seeking agent status and the department setting forth the obligations of each party in the operation of an agent program.
(5) “Establishment” means a retail food establishment under s. 97.30, Stats., a hotel or motel, tourist rooming house, bed and breakfast establishment, food vending operation, camping resort or other campground, recreational camp, educational camp, public pool, or water attraction under s. 97.615 (2), Stats. (6) “Fiscal Year” means the July 1 of one year through June 30 of the next year.
(7) “Food” has the meaning defined in s. 97.01 (6), Stats. (8) “Inspection fee” means a fee charged by the agent program, the amount of which is reasonably related to the cost of performing an assessment of an establishment’s compliance with the statutes and rules, under which a license is granted.
(9) “Inspector” means any employee inspecting retail food establishments or other facilities for the department or the agent under the jurisdiction of an agent program.
(10) “Licensee” means the person or entity licensed to operate an establishment.
(11) “New agent” means an agent that has entered into its first contract with the department or an agent that has applied to re-enter into a contract with the department after termination of a previous contract.
(12) “Registered sanitarian or RS” means an individual, who is a Wisconsin-registered sanitarian under s. 440.98, Stats., chs. DHS 174 – 177, or is recognized as a registered environmental health specialist/registered sanitarian (REHS / RS) by the National Environmental Health Association (NEHA). (13) “Restaurant” means a retail food establishment as defined in s. 97.01 (14g), Stats. (14) “Retail food establishment” has the meaning defined in s. 97.30 (1) (c), Stats. (15) “Sanitarian” means an environmental health inspector who is qualified to conduct inspections as an agent of the department by meeting one of the following requirements:
(a) RS-eligible, which means having met one of the following criteria:
1. Holding a baccalaureate or higher degree in environmental health from an accredited college or university and completing at least 30 semester or 45-quarter hour academic credits in environmental, physical, biological, chemical or environmental health courses.
2. Holding a baccalaureate or higher degree in physical or biological sciences from an accredited college or university and completing at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, or environmental health courses.
3. Holding a baccalaureate or higher degree from an accredited college or university.
4. Holding an associate degree from an accredited college, community college or technical institute in environmental, physical, biological or chemical sciences.
(b) Being an RS in training, or
(c) Holding a Wisconsin registered sanitarian or NEHA REHS/RS credential.
(16) “Standard” means a department or agent employee who is certified as correctly interpreting and enforcing chs. ATCP 72, 73, 75, 75 Appendix, 76, 78, and 79. (17) “Standardization Exercise” means an evaluation conducted by a standard to determine if a sanitarian is correctly interpreting and enforcing chs. ATCP 72, 73, 75, 75 Appendix, 76, 78, and 79. ATCP 74.02 Scope. (1) This chapter applies to agent program inspection and regulatory oversight of licensees and establishments, as defined in this chapter.
(2) An agent program shall ensure that licensees operating retail food establishments, under its jurisdiction, comply with ch. ATCP 75 Appendix. NOTE: Pursuant to s. 227.14 (1s), Stats., the department has published ch. ATCP 75 Appendix in the format of the model food code published by the United States food and drug administration. (3) An agent program shall enforce applicable provisions in ch. ATCP 70 at retail food establishments conducting food processing operations but exempt from the requirement to hold a food processing plant license, pursuant to s. ATCP 70.07 (a) (2). ATCP 74.04 Agent Status. (1) AGENT PROPOSED PROGRAM PLAN. The local health department wishing to become a new agent shall submit a written proposal to the department, in a form specified by the department, describing the proposed agent program. The proposal shall describe all of the following:
(a) Employee positions that will issue licenses or conduct investigations and inspections.
(b) A description of the staffing and budget for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules, and local ordinances.
(c) A list of the licenses that may be issued by the agent. A local ordinance may combine and expand license categories, so long as those categories include all of the types of retail food establishments that shall be licensed under s. ATCP 75.03 and the agent contract. (d) A list of the fees to be charged by the agent to licensees under the contract. A local ordinance may establish local license fees that differ from fees charged under s. ATCP 75.03 (3), for licenses issued by the department. However, license fees must be based on the agent’s reasonable program costs, pursuant to sub. (4) (c) and s. 97.41 (4), Stats. (e) A description of the inspection and enforcement program to be implemented by the agent, with a copy of any applicable city or county ordinance or regulation.
(f) Procedures to ensure cooperation between the agent and appropriate federal, state, local, and tribal agencies, in the event of a natural disaster or other emergency.
(g) Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.
(h) Procedures for notifying the department when the agent receives information or a complaint concerning an establishment that may need to be licensed or inspected, within the agent’s geographical area but under the department’s jurisdiction.
(i) Procedures for investigating reports of suspected foodborne illness, including cooperation with the department.
(j) Procedures to ensure the time period, within which the agent will make a determination on an application for a license, does not exceed 30 days following receipt of a complete application.
(k) Any other information that the department requires for its review of agent’s program plan.
(2) DEPARTMENT ACTION ON PROPOSED PLAN. The department shall review the proposed agent program plan and accept or deny the application, under sub. (1), within 60 days after the department receives it.
