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)(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)(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)(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 HistoryHistory: 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 75.065ATCP 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: ATCP 75.065(1)(c)(c) Food processed at a mobile or transient retail food establishment. ATCP 75.065(2)(2) The following items may be processed in a retail food establishment under the 25% wholesale exemption in sub. (1): ATCP 75.065(3)(3) The license holder is responsible for notifying, as deemed appropriate by the license holder, wholesale customers of any adulterated or misbranded products as necessary to protect public health. No written recall plan is required. Examples of customer notification could include website language, email, mail system, face-to-face, or other effective methods. ATCP 75.065 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (2) (a), (b) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.067ATCP 75.067 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license: ATCP 75.067(3)(3) Immediately contact the department or its agent to report an illness of a food employee or conditional employee as specified in ch. ATCP 75 Appendix part 2-201.11(B). ATCP 75.067(4)(4) Immediately discontinue operations and notify the department or its agent if an imminent health hazard may exist. ATCP 75.067(6)(6) Comply with directives of the department or its agent including deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s retail food establishment or in response to community emergencies. ATCP 75.067(7)(7) Accept notices issued and served by the department or its agent according to law. ATCP 75.067(8)(8) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with ch. ATCP 75 Appendix, and any other directive of the department or its agent, including deadlines for corrective actions specified in inspection reports, notices, orders, warnings, and other directives. ATCP 75.067 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (1) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.07ATCP 75.07 Mobile retail food establishment base; licensing. ATCP 75.07(1)(1) Except for a mobile retail food establishment that operates only as a transient retail food establishment, each mobile retail food establishment shall have a base with its own license. The license holder shall submit a copy of the base license to the department or its agent upon application for a mobile retail food establishment license. ATCP 75.07(2)(2) The base shall be appropriate to support all the activities that will occur at the mobile retail food establishment, such as food preparation activities, cleaning and sanitization, storage, water and waste water handling and disposal. ATCP 75.07(3)(3) The license holder shall post a copy of the base license in a visible location in the mobile retail food establishment. ATCP 75.07(4)(4) The license holder shall provide a regulatory authority inspection report from the last 12 months for the base location upon request by the department or its agent. ATCP 75.07(5)(5) The license holder shall provide a copy of the schedule for the use of the base to the department or its agent upon request. ATCP 75.07(6)(6) The license holder, upon the department or its agent’s request, shall provide details showing how the license holder will store, prepare, and hold for service, food in the mobile retail food establishment. ATCP 75.07(7)(7) The department and its agent shall honor a current base license from another state, if the license holder meets the relevant conditions under this section. ATCP 75.07(8)(8) The department may grant a variance, as specified in ch. ATCP 75 Appendix part 1-104.11, for a mobile food establishment to operate without a licensed base. ATCP 75.07 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20. ATCP 75.075(1)(1) Approval required. An applicant or license holder of a new or extensively remodeled retail food establishment shall submit a retail food establishment plan to the department or its agent. The department or its agent may require an applicant or license holder to submit this documentation when a change of ownership has occurred. An applicant or license holder shall obtain plan approval from the department or its agent before any of the following occurs: ATCP 75.075(1)(a)(a) The applicant or license holder begins construction of a retail food establishment. ATCP 75.075(1)(b)(b) The license holder modifies or extensively remodels a retail food establishment. ATCP 75.075(2)(a)(a) An applicant for plan approval shall submit all of the following to the department or its agent: ATCP 75.075(2)(a)1.1. A fully and accurately completed, signed, and dated application for plan approval on a form provided by the department or its agent. ATCP 75.075(2)(a)6.6. Copies of other state, county, or municipal approvals relating to the operation of the retail food establishment. ATCP 75.075(2)(a)7.7. A copy of the plans and specifications drawn to scale or a drawing indicating distance of separation measured in feet in accordance with the applicable requirements of this chapter. ATCP 75.075(2)(a)8.8. Any other information required by the department or its agent regarding the operation of the retail food establishment as it relates to the health, safety, and welfare of the public. ATCP 75.075 NoteNote: To obtain a copy of the plan approval application form, send an email to datcpdfslicensing@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224-4700 or PO Box 8911, Madison, Wisconsin 53708-8911. ATCP 75.075(2)(b)(b) If the department or its agent receives a plan or application that is not completed as specified in par. (a), the department shall contact the plan applicant to seek additional information. ATCP 75.075(2)(c)(c) Within 30 days after receipt of complete information under par. (a), or any additional information requested under par. (b), the department or its agent shall approve or deny the plan. If the department or its agent approves the plan, the department or its agent shall issue a plan approval letter to the plan applicant. If the department or its agent denies a plan, it shall give the plan applicant the reason for the denial, in writing. The plan applicant may appeal the decision made by the department or its agent under ss. ATCP 75.14 and 75.16. ATCP 75.075 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (1) made under s. 13.92 (4) (b) 1., Stats., Register July 2020 No 775. ATCP 75.08ATCP 75.08 Retail food establishment fees. ATCP 75.08(1)(a)1.1. Except for a retail food establishment serving only prepackaged foods or meals, a transient retail food establishment, a vending machine, a micro market, or a mobile retail food establishment base with no food preparation, the department or its agent shall assign a retail food establishment to a license category by evaluating the complexity of the retail food establishment based on the criteria specified in Table A in this section. ATCP 75.08(1)(a)2.2. The department or its agent shall assign a retail food establishment, whose point value is not greater than 2.5, to the simple license category. ATCP 75.08(1)(a)3.3. The department or its agent shall assign a retail food establishment, whose point value is more than 2.5, but not greater than 4.5, to the moderate license category. ATCP 75.08(1)(a)4.4. The department or its agent shall assign a retail food establishment, whose point value is 4.5 or more, to the complex license category. ATCP 75.08(1)(a)5.5. If the department or its agent orders a retail food establishment closed, or it has caused a foodborne illness outbreak, the department or its agent shall immediately assign the retail food establishment to the complex category for the current and following licensing year. If no further outbreaks or closures occur, the department or its agent may reduce the license to the appropriate license category assignment. ATCP 75.08 NoteNote: The cause of a foodborne illness outbreak is determined using standard epidemiological practices.
ATCP 75.08(1)(b)(b) Point values for determining factors for assigning a retail food establishment’s license category. Table A
ATCP 75.08 Note* If only “condiments” or other non-meal, ready-to-eat, non-TCS foods are offered or displayed for customer self-service, that display does not qualify as a salad or food bar, such as, but not limited to, pickles, onions, non-TCS dessert topping, relishes, garnishes, and bakery items.
ATCP 75.08 Note** Smoking, curing, using food additives or components for preservation rather than flavor, reduced oxygen packaging, operating a molluscan shellfish life-support system, custom processing, sprouting seeds or beans, or any other method as determined by the department to require a variance.
ATCP 75.08(1)(c)(c) Request for different license category assignment. The license holder may ask the department or its agent to reconsider the retail food establishment’s license category assignment within 30 days of the category assignment. ATCP 75.08 NoteNote: To request reconsideration of license category assignment, contact the Bureau of Food and Recreational Businesses at 608-224-4700 or send your written request to the Bureau of Food and Recreational businesses at P.O. Box 8911 Madison, WI 53708-8911. For an agent reconsideration, please contact the agent health department.
ATCP 75.08(2)(2) Fee schedule. An applicant to the department for a retail food establishment license shall pay an annual license fee as indicated in Table B:
