Chapter ATCP 75

ATCP 75.30 ATCP 75.30 Applicability.

ATCP 75.30(1) (1) In addition to the specific requirements of ch. ATCP 75, vending machines shall meet applicable requirements in chapters 1 to 7 in ch. ATCP 75 Appendix.

ATCP 75.30(2) (2) The provisions of this chapter apply to any vending machine offered for public use, except a vending machine which dispenses only pastry items, which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions or are otherwise not time/temperature control for safety foods, or prepackaged Grade A pasteurized milk or milk products.

ATCP 75.30 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.32 ATCP 75.32 Approval of vending machines and related equipment.

ATCP 75.32(1) (1) Approval authority. All vending machines and related equipment used at a vending machine location shall be approved by the department, using construction criteria developed by the National Sanitation Foundation (NSF) or the National Automatic Merchandising Association (NAMA).

ATCP 75.32(2) (2) Inspection for evidence of approval. Whenever an authorized representative or agent of the department inspects a vending machine and finds that the vending machine does not contain an identifiable license as required under s. ATCP 75.06, the authorized representative or agent of the department shall place the vending machine in a non-vend position by sealing the money or credit card insert slot, as applicable. Failure of the operator to maintain a non-vend condition until an authorized representative or agent of the department is satisfied that the vending machine is properly licensed and identified shall be cause for an action under ss. 97.65, 97.72, and 97.73, Stats.

ATCP 75.32 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.34 ATCP 75.34 Vending machine records.

ATCP 75.34(1) (1) A vending machine location record shall be maintained on file at the license holder’s place of business within the State. That record shall include all of the following location information for each machine:

ATCP 75.34(1)(a) (a) Complete street address of the building.

ATCP 75.34(1)(b) (b) The floor level in the building.

ATCP 75.34(1)(c) (c) The room or area on the floor.

ATCP 75.34(2) (2) The entry under each machine in the vending machine location record shall include the machine serial number and model number, the department’s license number, and a designation of the machine by primary vending purpose. Primary vending purposes are:

ATCP 75.34(2)(a) (a) Heated.

ATCP 75.34(2)(b) (b) Refrigerated.

ATCP 75.34(2)(c) (c) Beverages.

ATCP 75.34(2)(d) (d) Food other than beverages.

ATCP 75.34(2)(e) (e) A combination of any 2 of pars. (a) to (d).

ATCP 75.34 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.36 ATCP 75.36 Maintenance and service connections.

ATCP 75.36(1) (1) Replacement parts. All replacement parts and tubing shall be equal to or exceed original equipment specifications. Any clear tubing used shall be replaced with clear tubing only. No part built in as a function of the vending machine may be removed or bypassed.

ATCP 75.36(2) (2) Service connections.

ATCP 75.36(2)(a) (a) Utility openings. All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or closed to prevent the entry of insects and rodents.

ATCP 75.36(2)(b) (b) Miscellaneous openings. Miscellaneous openings into the cabinet and through the cabinet wall, other than coin entrance, money or credit card slots, coin returns, and crown pullers, but including openings for optional service connections or alternate installations, shall be provided with effective closures by the manufacturer. The closures shall be provided for these not-in-use openings, and shall be easily identifiable, properly marked or adequately described in the instruction manual for their intended use.

ATCP 75.36(2)(c) (c) Disconnection safeguards. All service connections to utilities shall be of a type that will discourage their unauthorized or unintentional disconnection.

ATCP 75.36 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.38 ATCP 75.38 Sanitization.

ATCP 75.38(1) (1) Cleaning and sanitizing facilities. Approved facilities for cleaning and sanitizing equipment shall be available for each vending machine location or at a central location. At a central location, product contact surfaces shall be protected from contamination during storage, transportation, and installation. Facilities for cleaning and sanitizing shall include either a permanently fixed three-compartment sink large enough to accommodate the immersion of the largest equipment and utensil or portable washing facilities such as a service wagon, metal or plastic pails, or another mobile device which can be moved from one location to another.

ATCP 75.38(2) (2) Cleaned in place. In machines designed so that food-contact surfaces are not readily removable, all surfaces intended for in-place cleaning shall be designed and fabricated so that all of the following conditions are met:

ATCP 75.38(2)(a) (a) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen.

ATCP 75.38(2)(b) (b) Cleaning and sanitizing solutions will contact all food-contact surfaces.

ATCP 75.38(2)(c) (c) The system is self-draining or capable of being completely evacuated.

ATCP 75.38(2)(d) (d) The procedures used result in thorough cleaning and sanitizing of the equipment.

ATCP 75.38 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.40 ATCP 75.40 Waste disposal.

ATCP 75.40(1) (1) Removal. All trash and other food product waste material shall be removed from the vending machine location as frequently as may be necessary to prevent attracting vermin, or creating a nuisance and unsightliness, and shall be disposed of in a manner that will not attract insects or rodents.

ATCP 75.40(2) (2) Containers. Self-closing, leak-proof and easily cleanable refuse containers shall be provided in the vicinity of each machine or machines to receive cartons, wrappers, and other items of refuse.

ATCP 75.40(3) (3) Waste collection.

ATCP 75.40(3)(a) (a) Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow, and other internal wastes.

ATCP 75.40(3)(b) (b) An automatic shutoff device shall be provided, which will place the vending machine out of operation before a container overflows. The cutoff mechanism shall be set at a point to permit removal of the waste container from the machine without spillage.

ATCP 75.40(3)(c) (c) Containers and surfaces on which wastes may accumulate shall be readily removable for cleaning, easily cleanable, and corrosion resistant.

ATCP 75.40 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.42 ATCP 75.42 Delivery of foods. Foods, including beverages and ingredients, in transit to vending machine locations shall be protected from contamination with dirt, dust, insects, rodents, and other foreign material. Similar protection shall be provided for single-service containers, as defined in ch. ATCP 75 Appendix part 1-201.10, and for the product contact surfaces of equipment, containers, and devices in transit to machine locations.

ATCP 75.42 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

subch. VI of ch. ATCP 75 Subchapter VI — Micro Markets

ATCP 75.44 ATCP 75.44 Applicability of rules. This chapter and chapters 1 to 7 in ch. ATCP 75 Appendix, except for Part 2-1, apply to a micro market, as defined in s. ATCP 75.04 (22).

ATCP 75.44 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.46 ATCP 75.46 Location. A micro market shall be located in the interior of a building that is not accessible to the general public. Access to the micro market shall be limited to a defined population of employees, guests, or occupants of the building where the establishment is located.

ATCP 75.46 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.48 ATCP 75.48 License holder responsibilities.

ATCP 75.48(1) (1) Requirements. The license holder shall assure that all of the following conditions are met:

ATCP 75.48(1)(a) (a) Food is from sources that comply with law.

ATCP 75.48(1)(b) (b) Packaged food is provided in tamper-evident packaging.

ATCP 75.48(1)(c) (c) Food is protected from potential sources of cross contamination.

ATCP 75.48(1)(d) (d) Food is maintained at safe temperatures during storage, transport and display.

ATCP 75.48(2) (2) Micro market oversight. Each micro market shall have a sign readily visible at the automated payment station stating all of the following:

ATCP 75.48(2)(a) (a) The name and mailing address of the license holder responsible for the establishment and to whom complaints and comments should be addressed.

ATCP 75.48(2)(b) (b) The telephone, email, or web information for the responsible license holder, when applicable.

ATCP 75.48 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.50 ATCP 75.50 Nature and source of food and beverages offered for sale. All of the following requirements apply to a micro market:

ATCP 75.50(1) (1) A license holder shall offer only commercially packaged foods properly labeled for individual retail sale.

ATCP 75.50(2) (2) Food preparation by consumers is limited to heating or reheating food in a microwave oven.

ATCP 75.50(3) (3) Dispensing of bulk food is prohibited.

ATCP 75.50 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.52 ATCP 75.52 Equipment.

ATCP 75.52(1) (1) Refrigerated display equipment features. A micro market offering refrigerated or frozen foods shall be equipped with refrigeration or freezer units that have all of the following features:

ATCP 75.52(1)(a) (a) Self-closing doors that allow food to be viewed without opening the door to the refrigerated cooler or freezer.

ATCP 75.52(1)(b) (b) An automatic self-locking mechanism that prevents the consumer from accessing the unit upon failure of the refrigeration unit to maintain the appropriate temperature.

ATCP 75.52(2) (2) Refrigerated display equipment maintenance. Automatic self-locking mechanisms that have been activated shall require an onsite visit by the license holder or designee to evaluate and restore access to the refrigeration equipment.

ATCP 75.52(3) (3) Food service equipment limitations. Beverages shall be dispensed in amounts intended for a single serving size. Beverage dispensers connected to the building water supply shall be equipped with backflow prevention.

ATCP 75.52 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.54 ATCP 75.54 Security. A micro market license holder shall provide and maintain continuous video surveillance of areas where consumers view, select, handle, and purchase products. The surveillance shall provide sufficient resolution to identify situations that may compromise food safety or result in food tampering. Video surveillance recordings shall meet all of the following requirements:

ATCP 75.54(1) (1) The license holder shall retain video surveillance recordings for at least 14 days after the date of the surveillance.

ATCP 75.54(2) (2) The license holder shall make retained video surveillance recordings available for inspection upon request by the department or its agent within 24 hours of a request.

ATCP 75.54 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.

ATCP 75.56 ATCP 75.56 Routine maintenance at a micro market. The license holder shall maintain the micro market, food, equipment and utensils in a clean, sanitary and unadulterated condition. This includes the following activities:

ATCP 75.56(1) (1) Checking food supplies and equipment for signs of product damage or tampering, and discarding damaged or tampered-with food.

ATCP 75.56(2) (2) Verifying refrigeration equipment is operating properly including any temperature display and self-locking mechanism.

ATCP 75.56(3) (3) Cleaning food service dispensing and merchandising equipment and food display areas.

ATCP 75.56(4) (4) Stocking food and disposable single-use and single-service supplies.

ATCP 75.56(5) (5) Checking inventory for recalled foods.

ATCP 75.56(6) (6) Performing any other reasonable actions to maintain a clean, sanitary and unadulterated condition in the micro market.

ATCP 75.56 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.