Chapter ATCP 75

ATCP 75.04(40) (40) “Vending machine” means any self-service device offered for public use that, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. “Vending machine” does not include a micro-market or a device which dispenses only bottled, prepackaged or canned soft drinks, a one-cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies, or crackers, or a vending machine dispensing only prepackaged grade A pasteurized milk or milk products.

ATCP 75.04(41) (41) “Vending machine location” has the meaning in s. 97.01 (15w), Stats.

ATCP 75.04(42) (42) “Vending machine operator” has the meaning prescribed in s. 97.01 (15y), Stats.

ATCP 75.04(43) (43) “Wholesale” means the sale of any food to a person or commercial entity who will either re-sell it, distribute it for re-sale, or use it as an ingredient in a product that will be offered for sale. “Wholesale” includes activities in which the processor relinquishes control of the food. “Wholesale” does not include the movement of food between two food processing plants or retail food establishments licensed to the same licensee, except for the movement of dairy products as specified in s. ATCP 65.04.

ATCP 75.04 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (17m), (37) (a) made under s. 13.92 (4) (b) 1., Stats., and correction in (6), (12), (18), (21), (22), (37) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775.

subch. II of ch. ATCP 75 Subchapter II — Licensing and Fees

ATCP 75.06 ATCP 75.06 Retail food establishments; licensing.

ATCP 75.06(1) (1) License required. Except as provided under s. ATCP 75.063, no person may operate a retail food establishment without a valid license issued by the department or its agent. Issuance of a retail food establishment license shall be done in accordance with all of the following:

ATCP 75.06(1)(a) (a) Each retail food establishment shall have a separate license.

ATCP 75.06(1)(b) (b) The current retail food establishment license issued by the department or its agent shall be posted in a place visible to the general public. A license may not be altered or defaced.

ATCP 75.06(1)(c) (c) A retail food establishment license is not transferable between persons or establishments.

ATCP 75.06 Note Note: An agent, as defined in s. ATCP 75.04(4), has authority under s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the agent. The operator of a retail food establishment licensed by an agent should contact the agent for its license fee schedule.

ATCP 75.06(2) (2) License duration and renewal.

ATCP 75.06(2)(a) (a) Each license issued under this subchapter expires on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year, except when any of the following conditions exist:

ATCP 75.06(2)(a)1. 1. The agent of a city of the 1st class may issue to a retail food establishment the license required under sub. (1) at any time during the year. A license issued under this subdivision shall expire one year from the date of its issuance.

ATCP 75.06(2)(a)2. 2. The license holder may request an extension to the term of a license, issued under par. (a) by the agent of a city of the 1st class, for the purpose of aligning the annual term of any other license or permit issued to that retail food establishment with the annual term of a license to be issued to that retail food establishment under subd. 1. The agent may require the license holder that receives an extension under this subdivision to pay a prorated fee in an amount determined by dividing the license fee imposed under s. 97.41 (4), Stats., by 12 and multiplying the quotient by the number of months by which the license issued under par. (a) is extended under this subdivision.

ATCP 75.06(2)(b) (b) Each license shall be renewed annually as provided in sub. (3).

ATCP 75.06(2)(c) (c) Transient retail food establishment licenses shall be valid for a period not to exceed 14 days in conjunction with a specific special event.

ATCP 75.06(3) (3) License application and renewal.

ATCP 75.06(3)(a) (a) Initial license. A person applying for a retail food establishment license shall apply on a form provided by the department or its agent. The applicant shall fully complete the application form and send it with all applicable fees required under this section and any previous fees due to the department.

ATCP 75.06 Note Note: To obtain a copy of the retail food establishment license application form, or to determine which agent to contact for an application form, call [phone] or send an email to [e-mail].

ATCP 75.06(3)(b) (b) License renewal. To renew the license of a retail food establishment, the license holder shall pay the fee, specified under Table ATCP 75.08 B, to the department before the license expires, along with any previous fees due to the department. If the license holder does not make the payment to renew the license of a retail food establishment to the department before the license expiration date, the late fee specified under Table ATCP 75.08 B shall be paid in addition to the license fee.

ATCP 75.06 Note Note: Contact the department at [phone] for questions regarding a retail food establishment license renewal or to determine which agent to contact.

ATCP 75.06(3)(c) (c) Refusal of license issuance or renewal. The department or its agent may refuse to issue or renew a license to operate a retail food establishment under any of the following circumstances:

ATCP 75.06(3)(c)1. 1. The department or its agent has not conducted a pre-licensing inspection of a new retail food establishment.

ATCP 75.06(3)(c)2. 2. The license holder has not corrected a violation for which the department or agent has issued a written health or safety related order at the retail food establishment.

ATCP 75.06(3)(c)3. 3. The license holder has not paid all applicable fees under s. ATCP 75.08, including the permit fee, pre-licensing fee, reinspection fee, or other applicable fees.

ATCP 75.06(3)(c)4. 4. The license holder or applicant has modified, repaired, or maintained the retail food establishment in a manner that does not comply with ch. ATCP 75 Appendix.

ATCP 75.06(3)(c)5. 5. The license holder or applicant has violated ch. 97, Stats., ch. ATCP 75, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the retail food establishment.

ATCP 75.06(4) (4) Action on license application. Within 30 business days after the department or its agent receives a complete license application, the department or its agent shall do one of the following:

ATCP 75.06(4)(a) (a) Grant the application.

ATCP 75.06(4)(b) (b) Deny the application. If the department or its agent denies the application it shall give the applicant written notice specifying the reasons for the denial.

ATCP 75.06(5) (5) Pre-licensing inspection.

ATCP 75.06(5)(ag) (ag) Except as specified in par. (am), (b), or (c), the department or its agent may not issue a license for a new retail food establishment until it conducts a pre-licensing inspection of the new retail food establishment for compliance with this chapter and all fees in Table ATCP 75.08 B have been paid, including any applicable pre-licensing fee.

ATCP 75.06(5)(am) (am) A pre-licensing inspection may not be conducted for a transient retail food establishment, vending machine, or vending machine operator.

ATCP 75.06(5)(b) (b) A pre-licensing inspection may not be conducted and a pre-licensing fee may not be charged under any of the following conditions:

ATCP 75.06(5)(b)1. 1. An individual license holder transfers ownership of the retail food establishment to an immediate family member, as defined in s. 97.605 (4) (a) 2., Stats.

ATCP 75.06(5)(b)2. 2. A retail food establishment remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued retains an ownership interest in the newly formed sole proprietorship or business entity that will be the license holder.

ATCP 75.06(5)(b)3. 3. A mobile retail food establishment license holder transfers from an agent issued license to a State-issued license.

ATCP 75.06(5)(c) (c) Initial inspection of micro-market. The department or its agent may issue a license for a new retail food establishment that is a micro-market before it inspects the new retail food establishment that is a micro-market for compliance with this chapter. Before one year after the date that the department or its agent issues a license for a new retail food establishment that is a micro-market, it shall inspect the new retail food establishment for compliance with this chapter.

ATCP 75.06(6) (6) Conditional license. Except as provided in s. 93.135, Stats., the department may condition the initial issuance, renewal, or continued validity of a license issued under this section upon the requirement that the license holder correct a violation of this chapter and ch. ATCP 75 Appendix, s. 97.605, Stats., or ordinances adopted under s. 97.615 (2) (g), Stats., within a period of time specified by the department or its agent. If the condition is not met within the specified time or after an extension of time as approved by the department or its agent, the license is void. No person may operate a retail food establishment after a license has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. A license holder, whose license is voided under this paragraph, may appeal the decision under s. ATCP 75.14 or 75.16. The license holder may reapply for a new license when they have met requirements under this chapter.

ATCP 75.06(7) (7) Voided license for failure to pay fees. If an applicant or license holder fails to pay all applicable fees, late fees, and processing charges under s. ATCP 75.08 (3) within 15 days after the applicant or owner receives notice of an insufficiency or within 45 days after the expiration of the license, whichever occurs first, the license is void. A license holder, whose license is voided under this subsection, may appeal the decision under s. ATCP 75.14 or 75.16. In an appeal concerning a voided license under this subsection, the burden of proof is on the license applicant or holder to show that all applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the retail food establishment is deemed to be operation without a license and is subject to the fees under s. ATCP 75.08 (3) (e) in addition to the fees otherwise due, unless the applicant or license holder meets its burden of proof under this subsection.

ATCP 75.06(8) (8) License holder qualifications. To qualify for a license, an applicant shall do all of the following:

ATCP 75.06(8)(a) (a) Be an owner of the retail food establishment or an officer of the legal entity owning the retail food establishment.

ATCP 75.06(8)(b) (b) Comply with the requirements of this chapter.

ATCP 75.06(8)(c) (c) Allow authorized representatives of the department or its agent access to the retail food establishment and provide required information to those authorized representatives.

ATCP 75.06(8)(d) (d) Pay the applicable license fees at the time the application is submitted.

ATCP 75.06 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (5) (ag), (am) made under s. 13.92 (4) (b) 1., Stats., correction in (5) (ag) made under s. 13.92 (4) (b) 7. and 35.17, Stats., and correction in (6), (7) made under s. 35.17, Stats., Register July 2020 No. 775.

ATCP 75.063 ATCP 75.063 Retail food establishments; license exemptions. A retail food establishment license is not required under s. 97.30 (2) (b), Stats., or this section for any of the following:

ATCP 75.063(1) (1) A retail food establishment that sells only packaged foods or fresh fruits and vegetables, provided the establishment does not sell “time/temperature control for safety food” and does not engage in food processing.

ATCP 75.063(2) (2) A retail food establishment operated by a person holding a food processing plant license under s. 97.29, Stats., if all the following apply:

ATCP 75.063(2)(a) (a) The person operates the retail food establishment at the same location as the licensed food processing plant.

ATCP 75.063(2)(b) (b) Sales from the retail food establishment are included in the computation of the food processing plant license fee under s. ATCP 70.06.

ATCP 75.063(2)(c) (c) Retail food sales from that location comprise no more than 25% by dollar volume of all food sales from that location.

ATCP 75.063(2)(d) (d) The operator of the food processing plant is not engaged in the activity of a retail food establishment – serving meals.

ATCP 75.063(3) (3) A retail food establishment operated by a person holding a dairy plant license under s. 97.20, Stats., if all the following apply:

ATCP 75.063(3)(a) (a) The person operates the retail food establishment at the same location as the licensed dairy plant.

ATCP 75.063(3)(b) (b) Food sales from that location, other than sales of dairy products produced at that location, comprise no more than 25% by dollar volume of all dairy and nondairy food sales from that location.

ATCP 75.063(3)(c) (c) The operator of the dairy plant is not engaged in the activity of a retail food establishment – serving meals.

ATCP 75.063(4) (4) A vending machine commissary, including one that supports operations of a micro market, or a warehouse supporting operations of vending machines or a micro market.

ATCP 75.063(5) (5) A retail food establishment primarily engaged in selling honey, cider, sorghum, or maple syrup produced by the operator of the retail food establishment, if the operator conducts no other food processing activities at that retail food establishment.

ATCP 75.063(6) (6) A retail food establishment – not serving meals, operated occasionally by a religious, charitable or nonprofit organization as defined under 26 USC 501 (c).

ATCP 75.063(7) (7) A retail food establishment – serving meals, operated by a church; religious, fraternal, youth, or patriotic organization; service club; or civic organization, as defined under 26 USC 501 (c), that occasionally prepares, serves, or sells meals to transients or the general public.

ATCP 75.063(8) (8) A contract cook who does all of the following:

ATCP 75.063(8)(a) (a) Is paid for his or her service, culinary skills, technique, or expertise.

ATCP 75.063(8)(b) (b) Uses the food provided by the contractor employing the cook’s services.

ATCP 75.063(8)(c) (c) Does not prepare or store food in quantities sufficient for use at multiple sites or for meals served to the general public. If a contract cook prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the contract cook shall obtain a retail food establishment license.

ATCP 75.063(8)(d) (d) Does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a retail food establishment license.

ATCP 75.063(9) (9) A personal chef who does all of the following:

ATCP 75.063(9)(a) (a) Is paid for his or her service, culinary skills, technique, or expertise.

ATCP 75.063(9)(b) (b) Either uses food provided by the contractor employing the chef’s services or the chef shops for food from a list provided by the contractor.

ATCP 75.063(9)(c) (c) Uses only the home kitchen of the contractor to prepare food for the contractor, contractor’s family, or contractor’s non-paying guests.

ATCP 75.063(9)(d) (d) Does not prepare or store food in quantities sufficient for use at multiple sites or for meals served to the general public. If a personal chef prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the personal chef shall obtain a retail food establishment license.

ATCP 75.063(9)(e) (e) Does not transport any portion of a meal prepared by the personal chef from one location to another location. If a personal chef transports any portion of a meal prepared by the personal chef from one location to another location, the personal chef shall obtain a retail food establishment license.

ATCP 75.063(10) (10) The location where a caterer is serving food that was prepared at the caterer’s licensed retail food establishment.

ATCP 75.063(11) (11) At a business location to which a licensed retail food establishment transports prepared food and conducts sales of individual meals directly to a work place’s employees or the guests of the employees for no more than 2 days in any 7 day period at the same location, if all of the following requirements are met:

ATCP 75.063(11)(a) (a) The license holder shall conduct all food preparation activities at the licensed retail food establishment, except for final assembly at the service location.

ATCP 75.063(11)(b) (b) The license holder shall transport all food to the service location.

ATCP 75.063(11)(c) (c) The license holder shall conduct all food service and sales.

ATCP 75.063(11)(d) (d) The license holder shall provide food service utensils in sufficient quantity to adequately facilitate the meal service.

ATCP 75.063(11)(e) (e) The license holder shall clean and sanitize onsite food equipment before and after use.

ATCP 75.063(11)(f) (f) The license holder shall return all food, utensils, and service ware to the licensed retail food establishment for disposal or cleaning and sanitizing.

ATCP 75.063(11)(g) (g) The license holder and business shall have a written agreement requiring adequate access and use of conveniently located restrooms by the license holder staff at the service location. The license holder shall furnish the written agreement to the division or its agent upon request.

ATCP 75.063(11)(h) (h) In the absence of adequate hand washing facilities, the license holder shall provide portable handwash facilities (i.e. foot pump, electrical, or battery operated) at the service location during food service.

ATCP 75.063(11)(i) (i) The license holder shall employ a certified food protection manager, as defined in s. ATCP 75.04 (7), who shall be present at the service location during food service.

ATCP 75.063(11)(j) (j) The license holder shall transport and hold food at temperatures, according to either the requirements in ch. ATCP 75 Appendix or an approved time-as-a-public-health-control-plan.

ATCP 75.063 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (8) (c), (d), (9) (d), (e) made under s. 35.17, Stats., Register July 2020 No. 775.

ATCP 75.065 ATCP 75.065 Retail food establishments; license exemption for food processing.

ATCP 75.065(1) (1) A license holder may wholesale up to 25% of the gross annual sales of food that is manufactured and used in the retail food establishment without obtaining an additional food processing plant license under ch. ATCP 70. This exemption does not allow the manufacturing for wholesale or distribution of any of the following: