Wisconsin Administrative Code

ATCP 73.04 Licenses. (1) LICENSE REQUIRED. (a) No bed and breakfast establishment may be opened to the public until the operator of the bed and breakfast establishment has obtained a license from the department or its agent by submitting an application under sub. (4) and paying t…

ATCP 73.05 Department fees. (1) FEE SCHEDULES. The fees listed in Table ATCP 73.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 73.05 B shall apply to licenses issued on or after April 1, 2011. Note: Local health depart…

ATCP 73.06 Enforcement. (1) INSPECTIONS AND AC(a) Inspections. Under ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any bed and breakfast establishment at any reasonable time, for any of th…

ATCP 73.07 Suspension or revocation of license. The department may, after a hearing under s. ATCP 73.08, suspend or revoke a license for violation of ss. 97.603 to 97.65, 4 Stats., this chapter or an order issued by the department. The suspension or revocation order shall take ef…

ATCP 73.08 Appeals of actions by the department. (1) (a) Except as provided in sub. (2) or (3), a request for a hearing for denial of a license, a voided license, suspension, revocation, forfeiture, or an order given under s. ATCP 73.06 (1) (b) 4. or (2) shall be submitted in wri…

ATCP 73.09 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create enforcement and appeal procedures under ss. 66.0417 and 97.615 (2) (g), Stats. No. 769, eff. 2-1-20.

ATCP 73.10 Water supply and waste disposal. (1) SERVICE AVAILABILITY. The requirements covering water supply and sewage disposal facilities for all bed and breakfast establishments are based on the availability of public utilities as well as the practicability of connection to pu…

ATCP 73.11 Toilet, handwashing and bathing facilities. (1) GENERAL. Bed and breakfast establishments shall be provided with clean and sanitary toilet, handwashing, and bathing facilities. These facilities, and laundry facilities used in conjunction with bed and breakfast establis…

ATCP 73.12 Furnishings, equipment and utensils. (1) DESIGN. All equipment, utensils and furnishings shall be designed, made of a kind of material and constructed to be easily cleanable and to be durable. Surfaces with which food or drink comes into contact shall be easily accessi…

ATCP 73.13 Food. (1) STORAGE. All food storage facilities shall be kept clean and free of vermin. Residential kitchen cabinets are acceptable storage facilities. (2) FOOD SUPPLIES. Food, including milk and milk products, the chapter was last published. ATCP 73.13 WISCONSIN ADMINI…

ATCP 73.14 Building safety. (1) VENTILATION WITH (a) Any room where a gas space heater is located shall have a constant supply of fresh air through a permanent opening which shall not be closed. The size of the opening shall be at least one square inch for each 1,000 BTU per hour…

ATCP 73.145 Carbon monoxide detectors. (1) PURThe purpose of this section is to implement the requirements of s. 97.625 (1) (am) and (1g), Stats., with respect to bed and breakfast establishments in a manner consistent with the standards in s. 101.149, Stats., and ss. SPS 321.097…

ATCP 73.15 Maintenance. (1) GENERAL. Every bed and breakfast establishment shall be maintained and equipped in a manner conducive to the health, comfort, and safety of its guests. (2) ROOMS. The floors, walls and ceilings of all rooms shall be maintained in a clean and sanitary c…

ATCP 74.01 Definitions. As used in this chapter: (1) XAgentY means a local health department as defined in s. 250.01 (4), Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lod…

ATCP 74.02 Scope. (1) This chapter applies to agent program inspection and regulatory oversight of licensees and establishments, as defined in this chapter. (2) An agent program shall ensure that licensees operating retail food establishments under its jurisdiction comply with ch…

ATCP 74.04 Agent status. (1) AGENT PROPOSED PROTo become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe a…

ATCP 74.06 Terms of the contract. (1) If the department accepts the proposed program plan from the local health department, the department shall prepare a contract to be signed by both parties, whereby the agent agrees to comply with this chapter and chs. ATCP 72, 73, 75, 76, 78,…

ATCP 74.08 Staffing. (1) The agent program shall have sufficient employees to implement the program according to the terms of the agent program[s contract with the department. (2) Sanitarians employed by agent programs shall meet one of the following requirements: (a) Is RS-eligi…

ATCP 74.10 Inspections. (1) Agent program sanitarians shall inspect all establishments covered in the contract for compliance with s. 97.30, Stats., subchs. III and IV of ch. 97, Stats., and chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix. (2) The agent program shal…

ATCP 74.12 Complaint investigations. (1) An agent program shall investigate every complaint that it receives against any licensee under its jurisdiction. The agent shall prioritize and investigate complaints according to the procedures in this section and procedures adopted by th…

ATCP 74.14 Evaluation and training. (1) At least once each year, the agent program shall submit a self-assessment in a format determined by the department. The department shall evaluate the agent program based on the following required information in the self-assessment: (a) The …

ATCP 74.16 Enforcement and sampling. (1) The agent program shall take necessary actions to enforce the provisions of s. 97.30, Stats., and subchs. III and IV of ch. 97, Stats., and related administrative rules in chs. ATCP 70, 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, …

ATCP 74.18 Reimbursement and other payments for services. (1) DEPARTMENT REIMBURSEMENT TO AGENTS. (a) By September 30 of each fiscal year, the department shall reimburse agent programs for inspecting vending machines during the previous fiscal year under terms and conditions spec…

ATCP 74.20 Reports and records. (1) An agent program shall retain complete and accurate records including, but not limited to, copies of all reports and inspections, follow-up inspections, sampling, and all orders, for a minimum of three years the chapter was last published. 5 AG…

ATCP 74.22 Licensing and standards. (1) The agent program shall issue licenses in its jurisdiction, in accordance with s. 97.30, Stats., and subchs. III and IV of ch. 97, Stats., and shall ensure that no person in its jurisdiction, subject to regulation under those statutes, oper…

ATCP 74.24 License denial, suspension, or revocation. The agent program may deny, suspend, or revoke a license or impose conditions on a license, as provided in s. 93.06 (7) and (8), Stats. Except as otherwise provided by statute, rule, or local ordinance, the suspension or revoc…

ATCP 74.26 Contract termination, revocation, refusal to renew, or suspension. (1) An agent program may terminate the contract upon 90 days written notice to the department. The notice shall specify the reason or reasons for the termination and the last day, not to exceed the term…

ATCP 75.01 Authority and purpose. (1) The department licenses and regulates retail food establishments as defined in this chapter under s. 97.30, Stats. Under s. 97.41 (1m), Stats., the department may also authorize local health departments as local agents of the department to li…

ATCP 75.02 Applicability. (1) The provisions of this chapter, including ch. ATCP 75 Appendix, apply to any retail food establishment as defined in this chapter. (2) A business or an organization operating as a retail food establishment that is exempt from licensing as a retail fo…

ATCP 75.03 Adoption of Wisconsin food code. As permitted by s. 227.14 (1s), Stats., an amended version of the 2013 U.S. food and drug administration (FDA) model food code, adopted as ch. ATCP 75 Appendix, is adopted and retitled the Wisconsin food code and is in the format of the…

ATCP 75.04 Definitions. In this chapter: (1) XActive managerial controlY means the purposeful incorporation of systems in a retail food establishment that proactively reduce the risk of foodborne illness hazards through monitoring and verification. (2) XAdditional areaY means a n…

ATCP 75.06 Retail food establishments; licensing. (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 …

ATCP 75.063 Retail food establishments; license exemptions.

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

ATCP 75.067 License holder responsibilities. ATCP 75.07 Mobile retail food establishment base; licensing.

ATCP 75.07 Mobile retail food establishment base; licensing. (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 submi…

ATCP 75.075 Plan review. ATCP 75.08 Retail food establishment fees. Subchapter III — Enforcement and Appeals ATCP 75.10 Enforcement. ATCP 75.12 Suspension or revocation of license. ATCP 75.14 Appeals of actions by the department; right of hearing. ATCP 75.16 Appeals of actions by…

ATCP 75.08 Retail food establishment fees. (1) LICENSE CATEGORY ASSIGNMENT. (a) Criteria. 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 establish…

ATCP 75.10 Enforcement. (1) INSPECTIONS AND AC(a) Inspections. Under s. 97.12 (1) Stats., for the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any premises for which a license is required under this chapter or any fa…

ATCP 75.12 Suspension or revocation of license. The department may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department finds that there has been a substantial failure to comply with the applicable requirements of th…

ATCP 75.14 Appeals of actions by the department; right of hearing. If requested in writing within 10-days after date of the service of an order, a hearing shall be conducted within 10 days after receipt of a request for a hearing. Enforcement of the order shall not be stayed pend…

ATCP 75.16 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create and follow enforcement and appeal procedures under s. 66.0417 Stats. Subchapter IV — Standards for Retail Food Establishments

ATCP 75.18 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a retail food establishment or conducts a plan review for compliance with ch. ATCP 75 and its Appendix shall meet the staffin…

ATCP 75.20 Inspections. (1) REFUSED INSPECTION; PROCESS. If a person denies access to the department or its agent, ATCP 75.20 the department or its agent shall inform the person of all the following: (a) The license holder is required to allow access to the department or its agen…

ATCP 75.30 Applicability. (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. (2) The provisions of this chapter apply to any vending machine offered for public use, except a …

ATCP 75.32 Approval of vending machines and related equipment. (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 (N…

ATCP 75.34 Vending machine records. (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: (a) Complete street address of t…

ATCP 75.36 Maintenance and service connections. (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 mac…

ATCP 75.38 Sanitization. (1) CLEANING AND SANITIZApproved 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 s…

ATCP 75.40 Waste disposal. (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 manne…