Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 73 - Bed And Breakfast Establishments
Section ATCP 73.13 - Food

Current through February 26, 2024

(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, shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. Milk of only pasteurized Grade A quality may be used. Use of home-canned food is prohibited except for jams and jellies.


(a) Foods shall be protected from contamination while being stored, prepared and served, and during transportation. Perishable foods shall be stored at temperatures that will protect them against spoilage. Potentially hazardous food shall be maintained at safe temperatures of 40°F. (4°C.) or below, or 150°F. (66°C.) or above, as appropriate, except during necessary periods of preparation and serving. Frozen food shall be kept at temperatures that will keep them frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at refrigerator temperatures of 40°F. (4°C.) or below, quick-thawed as part of the cooking process, or thawed by another method approved by the department. An indicating thermometer shall be located in each refrigerator. Raw fruits and vegetables shall be washed thoroughly before use. Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be cooked to heat all parts of the food to at least 165°F. (74°C.) before being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food, shall be prepared from chilled products, with a minimum of manual contact. Portions of food once served to an individual may not be served again.

(b) Refrigeration facilities, hot food storage facilities and effective insulated facilities shall be provided as needed to ensure that all food is maintained at safe temperatures of 40°F. (4°C.) or below, or 150°F (66°C.) or above, as appropriate, during storage, preparation and serving.

(c) Containers of food shall be stored above the floor, on clean racks, shelves, or other clean surfaces, in such a manner as to be protected from splash and other contamination.


(a) No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a bed and breakfast establishment.

(b) If the bed and breakfast operator suspects that any employee, family member, or the operator himself or herself has a communicable disease that may be transmitted by food handling, that person shall be immediately excluded from working in the bed and breakfast establishment and, in the case of a reportable communicable disease under s. DHS 145.03(2), the operator shall notify the local health authority immediately.

(c) Persons while preparing or serving food or washing equipment or utensils shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices. They shall wash their hands thoroughly before starting work and as often as necessary while working, in order to remove soil and contamination. After visiting a toilet room, these persons shall wash their hands thoroughly in a lavatory but never in the kitchen sink. No one while preparing or serving food may use tobacco in any form.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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