Current through February 24, 2025
A retail food establishment license is not required under
s.
97.30(2) (b), Stats., or this section for any of the
following:
(1) A retail food
establishment that sells only packaged foods or fresh fruits and vegetables,
provided the establishment does not sell "time/temperature control for safety
food" and does not engage in food processing.
(2) A retail food establishment operated by a
person holding a food processing plant license under s.
97.29,
Stats., if all the following apply:
(a) The
person operates the retail food establishment at the same location as the
licensed food processing plant.
(b)
Sales from the retail food establishment are included in the computation of the
food processing plant license fee under s.
ATCP 70.06.
(c)
Retail food sales from that location comprise no more than 25% by dollar volume
of all food sales from that location.
(d) The operator of the food processing plant
is not engaged in the activity of a retail food establishment - serving
meals.
(3) A retail food
establishment operated by a person holding a dairy plant license under s.
97.20, Stats., if
all the following apply:
(a) The person
operates the retail food establishment at the same location as the licensed
dairy plant.
(b) Food sales from
that location, other than sales of dairy products produced at that location,
comprise no more than 25% by dollar volume of all dairy and nondairy food sales
from that location.
(c) The
operator of the dairy plant is not engaged in the activity of a retail food
establishment - serving meals.
(4) A vending machine commissary, including
one that supports operations of a micro market, or a warehouse supporting
operations of vending machines or a micro market.
(5) A retail food establishment primarily
engaged in selling honey, cider, sorghum, or maple syrup produced by the
operator of the retail food establishment, if the operator conducts no other
food processing activities at that retail food establishment.
(6) A retail food establishment - not serving
meals, operated occasionally by a religious, charitable or nonprofit
organization as defined under
26 USC
501(c).
(7) A retail food establishment - serving
meals, operated by a church; religious, fraternal, youth, or patriotic
organization; service club; or civic organization, as defined under
26 USC
501(c), that occasionally
prepares, serves, or sells meals to transients or the general public.
(8) A contract cook who does all of the
following:
(a) Is paid for his or her
service, culinary skills, technique, or expertise.
(b) Uses the food provided by the contractor
employing the cook's services.
(c)
Does not prepare or store food in quantities sufficient for use at multiple
sites or for meals served to the general public. If a contract cook prepares or
stores food in bulk quantities for use at multiple sites or for meals served to
the general public, the contract cook shall obtain a retail food establishment
license.
(d) Does not transport any
portion of a meal prepared by the contract cook from one location to another
location. If a contract cook transports any portion of a meal prepared by the
contract cook from one location to another location, the contract cook shall
obtain a retail food establishment license.
(9) A personal chef who does all of the
following:
(a) Is paid for his or her
service, culinary skills, technique, or expertise.
(b) Either uses food provided by the
contractor employing the chef's services or the chef shops for food from a list
provided by the contractor.
(c)
Uses only the home kitchen of the contractor to prepare food for the
contractor, contractor's family, or contractor's non-paying guests.
(d) Does not prepare or store food in
quantities sufficient for use at multiple sites or for meals served to the
general public. If a personal chef prepares or stores food in bulk quantities
for use at multiple sites or for meals served to the general public, the
personal chef shall obtain a retail food establishment license.
(e) Does not transport any portion of a meal
prepared by the personal chef from one location to another location. If a
personal chef transports any portion of a meal prepared by the personal chef
from one location to another location, the personal chef shall obtain a retail
food establishment license.
(10) The location where a caterer is serving
food that was prepared at the caterer's licensed retail food
establishment.
(11) At a business
location to which a licensed retail food establishment transports prepared food
and conducts sales of individual meals directly to a work place's employees or
the guests of the employees for no more than 2 days in any 7 day period at the
same location, if all of the following requirements are met:
(a) The license holder shall conduct all food
preparation activities at the licensed retail food establishment, except for
final assembly at the service location.
(b) The license holder shall transport all
food to the service location.
(c)
The license holder shall conduct all food service and sales.
(d) The license holder shall provide food
service utensils in sufficient quantity to adequately facilitate the meal
service.
(e) The license holder
shall clean and sanitize onsite food equipment before and after use.
(f) The license holder shall return all food,
utensils, and service ware to the licensed retail food establishment for
disposal or cleaning and sanitizing.
(g) The license holder and business shall
have a written agreement requiring adequate access and use of conveniently
located restrooms by the license holder staff at the service location. The
license holder shall furnish the written agreement to the division or its agent
upon request.
(h) In the absence of
adequate hand washing facilities, the license holder shall provide portable
handwash facilities (i.e. foot pump, electrical, or battery operated) at the
service location during food service.
(i) The license holder shall employ a
certified food protection manager, as defined in s.
ATCP 75.04(7), who shall be present at the
service location during food service.
(j) The license holder shall transport and
hold food at temperatures, according to either the requirements in ch. ATCP 75
Appendix or an approved time-as-a-public-health-control-plan.
