Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 75 - Retail Food Establishments
Subchapter I - Definitions and General Provisions
Section ATCP 75.04 - Definitions

Universal Citation: WI Admin Code ยง ATCP 75.04

Current through August 26, 2024

In this chapter:

(1) "Active managerial control" 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) "Additional area" means a non-contiguous, separately located area that is on the same premises, but that is not a part of the primary food processing or warewashing operation, but contributes to the overall food operation. "Additional area" includes but is not limited to a banquet staging area, bakery preparation area, produce preparation area, or outdoor cooking area.

(3) "Adulterated" has the meaning specified in 21 USC 342.

(4) "Agent" means the city, county, village, or consortium health department designated by the department, in accordance with s. 97.41 Stats., to issue licenses and make investigations and inspections of retail food establishments under this chapter.

(5) "Amenable" means animal species or products made from animal species subject to mandatory inspection under state or federal meat and poultry inspection regulations.

(6) "Catering" means contracting for the preparation and service of a defined amount of food at a specific location, other than the licensed retail food establishment, to a defined set of guests at a wedding or similar event, or to participants in an organized group or activity. "Catering" does not include sale of individual meals directly to the consumer.

(7) "Certified food protection manager" means a person who holds a valid certificate of food protection practices issued under s. 97.33, Stats.

(8) "Cold holding" means maintaining a time/temperature controlled for safety food (TCS) under refrigeration at a temperature of 41°F or below.

(9) "Concession stand" means a food stand that serves meals in connection with a youth sporting event, operated exclusively for the benefit of a participating youth sports team or program, or the governing youth sports organization.

(10) "Condiment" means a non-meal food item added to food to enhance flavor or enjoyment.

Note: Sauces, dressings, relishes and spices are examples of condiments.

(11) "Contract cook" is a person who is under contract to only prepare food onsite, with food provided by the contractor, for a private occasion to the contractor or the contractor's guests.

(12) "Cooling" means the process of reducing the temperature of a TCS food by refrigeration or alternate methods to a temperature of 41°F or below within a defined time period. "Cooling" does not include removing a TCS food from refrigeration during processing at ambient air temperature and then immediately returning the food to refrigeration.

(13) "Department" means the Wisconsin department of agriculture, trade, and consumer protection.

(14) "Division" means the division of food and recreational safety.

(15) "Extensively remodeled" means the condition of an existing retail food establishment that has undergone reconstruction or repair that altered the design or operation of the food service area, beyond redecorating, cosmetic refurbishing, replacing like equipment, or altering seating design or capacity.

(16) "Food" has the meaning given in s. 97.01(6), Stats.

(17) "General public" means any person choosing to patronize a retail food establishment including, but not limited to employees, members, guests, customers, or occupants of private clubs, industrial plants, offices, or businesses. "General public" does not include any of the following:

(a) Members of a household or personal guests in a private home, who are served a meal prepared by a member of the household.

(b) Persons who are served a free meal by a religious or other nonprofit charitable organization, as defined under 26 USC 501(c), at a kitchen, shelter or similar location where meals are served to the needy.

(c) Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when members of the religious organization prepare the meal.

(d) Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.

(e) Employees attending an occasional meal prepared by their coworkers for the purpose of expressing appreciation or building workplace morale.

(f) Guests attending a meal served in connection with a birthday, anniversary, or similar celebration, if persons participating in the celebration prepare the food.

(g) Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s. 150.84(2), Stats.

(h) Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch. 48, Stats.

(i) Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s. 302.01, Stats., a county jail, defined in s. 302.30, Stats., a juvenile correctional facility, defined in s. 938.02(10p), Stats., or a juvenile detention facility, defined in s. 938.02(10r), Stats.

(17m) "Health department" has the meaning given it in s. 250.01(4), Stats.

(18) "Hot holding" means maintaining a TCS food at a temperature of 135°F or above after cooking or reheating.

(19) "Imminent health hazard" means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.

(20) "Locally sponsored sporting event" means a competitive game, taking place inside or outside, specifically for youth, that is organized or sponsored by one or more local business, governmental, or other civic organization, or by parents of the youth, including a school-sponsored interscholastic sports competition.

(21) "Meal" means food that is ordered by, prepared for, or served to a customer with or without a beverage and is obtained from the retail food establishment in a ready-to-eat form with the expectation of immediate consumption, although consumption may occur at another location. "Meal" does not include single-bite sized free food samples or an equivalent portion given away to demonstrate the characteristics of the food.

(22) "Micro market" means any indoor, unstaffed, self-service area that is accessible only to persons authorized by the person in control of the premises and not accessible to the general public, where a customer may obtain unit servings of food or beverage, either in bulk or in package before payment at an automated kiosk or by other automated method, without the necessity of replenishing the area between each transaction. "Micro market" does not include a vending machine and does not include a device which dispenses only bottled, prepackaged, or canned soft drinks, a one-cent vending device, a device only dispensing candy, gum, nuts, nut meats, cookies, or crackers, or a device dispensing only prepackaged Grade A pasteurized milk products.

(23) "Micro market operator" means the person maintaining a place of business in the state and responsible for the operation of one or more micro markets.

(24) "Mobile retail food establishment" has the meaning of "mobile food establishment" given in ch. ATCP 75 Appendix part 1-201.10 (B).

(25) "Mobile or transient retail food establishment-not serving meals" means any of the following:

(a) A mobile retail food establishment, as defined in sub. (24), or a transient retail food establishment, as defined in sub. (39), where food processing is conducted primarily for direct retail sale of "time/temperature control for safety food" to consumers at the mobile or transient facility, and does not prepare, serve, or sell any meals.

(b) A mobile retail food establishment, as defined in sub. (24), or a transient retail food establishment, as defined in sub. (39), from which food is sold to consumers at retail, whether or not that mobile or transient facility sells "time/temperature control for safety food" or processes food, and does not prepare, serve, or sell any meals.

(26) "Mobile or transient retail food establishment-serving meals" means a mobile retail food establishment, as defined in sub. (24), or a transient retail food establishment, as defined in sub. (39), that prepares, serves, or sells any meals.

(27) "New retail food establishment" means a retail food establishment not previously operated by the current license applicant.

(28) "Occasional" or "occasionally" means not more than 12 days for non-meal food sales and not more than 3 days for meal food sales during any licensing year.

(29) "Person" has the meaning in ch. ATCP 75 Appendix part 1-201.10.

(30) "Personal Chef" means an individual hired to prepare meals in a person's private home for that individual, their family, or non-paying guests.

(31) "Potluck" means an event to which all of the following conditions apply:

(a) Attendees of the event provide food and beverages to be shared with other attendees and consumed at the event.

(b) No compensation is provided to any person who conducts or assists in providing the event or who provides food and beverages to be shared at the event, and no compensation is paid by any person for consumption of food or beverages at the event.

(c) The event is sponsored by any of the following:
1. A church.

2. A religious, fraternal, youth, or patriotic organization or service club.

3. A civic organization.

4. A parent-teacher organization.

5. A senior citizen center or organization.

6. An adult day care center.

(32) "Retail" means selling food or food products directly to any consumer only for consumption by the consumer or the consumer's immediate family or non-paying guests.

(33) "Retail food establishment" includes all of the following:

(a) Retail food establishment-not serving meals as defined in sub. (34).

(b) Retail food establishment-serving meals as defined in sub. (35).

(c) Vending machine as defined in sub. (40).

(d) Micro market as defined in sub. (22).

(e) Mobile or transient retail food establishment - not serving meals as defined in sub. (25).

(f) Mobile or transient retail food establishment - serving meals as defined in sub. (26).

(g) Retail food establishment serving prepackaged meals as defined in sub. (36).

(34) "Retail food establishment- not serving meals" means any of the following:

(a) A permanent retail food establishment where food processing is conducted primarily for direct retail sale of "time/temperature controlled for safety food" to consumers at the facility, and the total non-meal sales exceed 50% of all retail food sales.

(b) A permanent retail food establishment from which food is sold to consumers at retail, whether or not that facility sells "time/temperature controlled for safety food" or processes food, and the total non-meal sales exceed 50% of all retail food sales.

(35) "Retail food establishment- serving meals" means a permanent retail food establishment operating as a restaurant where the total meal sales exceed 50% of all retail food sales. A retail food establishment- serving meals includes any building, room, or place where meals are prepared, served, or sold to the general public and all places used in connection with the building, room, or place; and any public or private school lunchroom for which food service is provided by contract. A retail food establishment- serving meals does not include any of the following:

(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.

(b) Non-profit organizations, under 26 USC 501(c), including churches, religious, fraternal, youth, or patriotic organizations; service clubs; and civic organizations that occasionally prepare, serve, or sell meals to transients or the general public.

(c) Any public or private school lunchroom for which food service is directly provided by the school.

(d) Bed and breakfast establishments.

(e) A licensed vending machine that serves food or beverages.

(f) Any college campus as defined in s. 36.05(6m), Stats., institution as defined in s. 36.51(1) (b), Stats., or technical college that serves meals only to the students enrolled in the college campus, institution, or school or to authorized elderly persons under s. 36.51 or 38.36, Stats.

(g) A concession stand at a locally sponsored sporting event, such as a little league game.

(h) A potluck event.

(36) "Retail food establishment serving prepackaged meals" means a retail food establishment-serving meals that only serves individually wrapped single food servings that are prepared and packaged off-premises by a food processing plant or retail food establishment, licensed under s. ATCP 75.06(1), with preparation at the retail food establishment limited to heating and serving by establishment personnel.

(37)

(a) "Special event" means a department-recognized event that is sponsored, planned, organized, and publicly advertised by organizations that include the following:
1. Neighborhood associations.

2. Religious groups.

3. Cultural groups.

4. Political parties.

5. Churches.

6. Schools.

7. Sports teams.

8. Fraternal organizations.

9. Non-profit organizations.

10. City, county, state or federal governments.

(b) Special events are limited to gatherings of people for concerts; sporting events; trade shows; flea markets or farmers markets; public exhibitions by artists, craftsman, or vehicle enthusiasts; a fair, carnival, circus, or governmentally recognized celebration based on a specific calendar date such as a holiday or anniversary; or any other event approved by the regulatory agency. A "potluck" is not a "special event".

(38) "Time/temperature control for safety food" or "TCS food" has the meaning given in ch. ATCP 75 Appendix part 1-201.10 (B).

(39) "Transient retail food establishment" means a temporary retail food establishment that operates at a fixed location in conjunction with a special event and sells or serves food for a period of no more than 14 consecutive days or in conjunction with an occasional sales promotion.

(40) "Vending machine" means any self-service device offered for public use that, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. "Vending machine" does not include a micro-market or a device which dispenses only bottled, prepackaged or canned soft drinks, a one-cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies, or crackers, or a vending machine dispensing only prepackaged grade A pasteurized milk or milk products.

(41) "Vending machine location" has the meaning in s. 97.01(15w), Stats.

(42) "Vending machine operator" has the meaning prescribed in s. 97.01(15y), Stats.

(43) "Wholesale" means the sale of any food to a person or commercial entity who will either re-sell it, distribute it for re-sale, or use it as an ingredient in a product that will be offered for sale. "Wholesale" includes activities in which the processor relinquishes control of the food. "Wholesale" does not include the movement of food between two food processing plants or retail food establishments licensed to the same licensee, except for the movement of dairy products as specified in s. ATCP 65.04.

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