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 75.075(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.