Chapter ATCP 74

Register November 2011 No. 671

Chapter ATCP 74

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   Reimbursement 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 termination, revocation, refusal to renew, or suspension.

Ch. ATCP 74 Note Note: Chapter ATCP 74 as it existed on May 26, 2018 was repealed and a new ch. ATCP 74 created by CR 16-082, effective May 27, 2018, publisshed Register February 2018 No. 746. 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.

Ch. ATCP 74 Note Note: Chapter HSS 192 was renumbered to Chapter HFS 192 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., stats., Register, August, 1998, No. 512. Chapter HFS 192 was renumbered chapter DHS 192 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 192 was renumbered subchapter I of chapter ATCP 74 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

Ch. ATCP 74 Note Note: Subchapter II of chapter ATCP 74 was renumbered from subchapter III of chapter ATCP 75 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

ATCP 74.01 ATCP 74.01 Definitions. As used in this chapter:

ATCP 74.01(1) (1) “Agent” means a local health department as defined in s. 250.01 (4), Stats., 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 regulatory program, pursuant to s. 97.41 and 97.615 (2), Stats., in the health department’s area of jurisdiction.

ATCP 74.01(2) (2) “Agent program” means the retail food establishment, lodging, and recreational safety regulatory program operated by an agent.

ATCP 74.01(3) (3) “Contract” means a signed, written agreement between a local health department and the department setting forth the obligations of each party in the operation of an agent program.

ATCP 74.01(4) (4) “Department” means the Wisconsin department of agriculture, trade, and consumer protection.

ATCP 74.01(5) (5) “Establishment” means a retail food establishment, hotel or motel, tourist rooming house, bed and breakfast establishment, vending machine, vending machine commissary, camping resort or other campground, recreational camp, educational camp, public pool, or water attraction licensed pursuant to ch. 97, Stats.

ATCP 74.01(6) (6) “Fiscal year” means July 1 of one year through June 30 of the next year.

ATCP 74.01(7) (7) “Food” has the meaning given in s. 97.01 (6), Stats.

ATCP 74.01(8) (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.

ATCP 74.01(9) (9) “Inspector” means any employee inspecting establishments for the department or the agent under the jurisdiction of an agent program.

ATCP 74.01(10) (10) “License” means the legal authority granted by the department or its agent to operate an establishment.

ATCP 74.01(11) (11) “Licensee” means the person or entity licensed to operate an establishment as defined in sub. (5).

ATCP 74.01(12) (12) “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.

ATCP 74.01(13) (13) “Registered environmental health specialist/registered sanitarian” or “REHS/RS” means a person who holds a REHS/RS credential awarded by the National Environmental Health Association.

ATCP 74.01(14) (14) “Registered sanitarian” or “RS” means an individual who is a Wisconsin-registered sanitarian, pursuant to s. 440.98, Stats., and chs. SPS 174 to 177, or is recognized as a registered environmental health specialist/registered sanitarian.

ATCP 74.01(15) (15) “Restaurant” means a retail food establishment as defined in s. 97.01 (14g), Stats.

ATCP 74.01(16) (16) “Retail food establishment” has the meaning defined in s. 97.30 (1) (c), Stats.

ATCP 74.01(17) (17) “Sanitarian” means a person who is qualified to conduct inspections as an agent of the department and meets the requirements under s. ATCP 74.08 (2).

ATCP 74.01(18) (18) “Standard” means a department or agent employee who is certified as correctly interpreting and enforcing chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix.

ATCP 74.01(19) (19) “Standardization exercise” means an evaluation conducted by a standard to determine if a sanitarian is correctly interpreting and enforcing chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix.

ATCP 74.01 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (14) made under s. 13.92 (4) (b) 7., Stats., and correction in (14), (19) made under s. 35.17, Stats., Register February 2018 No. 746.

ATCP 74.02 ATCP 74.02 Scope.

ATCP 74.02(1) (1) This chapter applies to agent program inspection and regulatory oversight of licensees and establishments, as defined in this chapter.

ATCP 74.02(2) (2) An agent program shall ensure that licensees operating retail food establishments under its jurisdiction comply with ch. ATCP 75 Appendix.

ATCP 74.02 Note 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.

ATCP 74.02(3) (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 70.03 (7) (a).

ATCP 74.02 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (3) made under s. 35.17, Stats., Register February 2018 No. 746.

ATCP 74.04 ATCP 74.04 Agent status.

ATCP 74.04(1) (1) Agent proposed program plan. To become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe all of the following:

ATCP 74.04(1)(a) (a) Employee positions that will issue licenses or conduct investigations and inspections.

ATCP 74.04(1)(b) (b) Staffing and budget plans for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules and local ordinances.

ATCP 74.04(1)(c) (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 establishments that shall be licensed under the agent contract.

ATCP 74.04(1)(d) (d) A list of the fees to be charged by the agent to licensees. A local ordinance may establish local license fees that differ from fees charged under chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, for licenses issued by the department. All license fees shall be based on the agent’s reasonable program costs, pursuant to s. 97.41 (4), Stats.

ATCP 74.04(1)(e) (e) A description of the inspection and enforcement program to be implemented by the agent including a copy of applicable village, city, or county ordinances or regulations.

ATCP 74.04(1)(f) (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.

ATCP 74.04(1)(g) (g) Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.

ATCP 74.04(1)(h) (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.