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)(a) (a) Food that must be processed, in compliance with 21 CFR 108, 113, 114, in hermetically sealed containers.

ATCP 75.065(1)(b) (b) Dairy products or amenable meat and poultry products, except as allowed in ch. ATCP 55.

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(2)(a) (a) Juice processed in compliance with 21 CFR part 120.

ATCP 75.065(2)(b) (b) Fish and fishery products processed in compliance with 21 CFR part 123.

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 History History: 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 75.067 ATCP 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(1) (1) Comply with the provisions of this chapter and ch. ATCP 75 Appendix, including the conditions of a variance granted as specified in ch. ATCP 75 Appendix part 1-106.14.

ATCP 75.067(2) (2) If a license holder is required to operate with a HACCP plan, under ch. ATCP 75 Appendix part 1-106.11, it shall comply with the plan as specified in ch. ATCP 75 Appendix part 1-106.14.

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(5) (5) Replace existing facilities and equipment that no longer comply with the criteria set forth in ch. ATCP 75 Appendix.

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 History History: 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 75.07 ATCP 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 History History: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20.