Current through August 26, 2024
(1) REFUSED INSPECTION; PROCESS. If a person
denies access to the department or its agent, 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 agent
as specified under s.
ATCP 75.10(1).
(b) Access is a condition of the acceptance
and retention of a retail food establishment license to operate as specified
under s.
ATCP 75.06(3)
(c).
(c) If the license holder denies access to a
retail food establishment to an authorized representative of the department or
its agent, the department or its agent may apply for an inspection warrant to
allow access as provided in law under s.
66.0119,
Stats.
(2) REPORTING OF
REFUSED ACCESS. If the person in charge continues to refuse access after the
department or its agent presents credentials, provides the explanation in sub.
(1), and makes a final request for access, the department or its agent shall
document details of the denial of access on an inspection report
form.
(3) FREQUENCY OF INSPECTION.
(a) The department or its agent shall inspect
a retail food establishment at least once during the licensing
period.
(b) The department may
approve, upon request, an increase in the interval between inspections beyond
12 months if any of the following conditions exist:
1. The retail food establishment is fully
complying with a department-approved HACCP plan as specified in ch. ATCP 75
Appendix part 1-106.14.
2. The
agent submits a plan to the department, requesting an inspection frequency
based on the risk of food establishment operations using criteria under s.
ATCP 75.08(1) (a) and
(b). The total number of inspections
performed shall equal the number of licenses issued.
Note: The intent of this provision is to allow
greater inspection frequency for high-risk retail food establishments by
decreasing inspection frequency for low-risk retail food
establishments.
(4) INSPECTION DOCUMENTATION. The department
or its agent shall document all of the following on an inspection report form:
(a) Administrative information about the
retail food establishment's legal identity, street and mailing addresses, type
of establishment and operation, inspection date, and other information such as
type of water supply and sewage disposal, status of the license, and personnel
certificates that may be required at the retail food establishment.
(b) The conditions or other violations from
this chapter and ch. ATCP 75 Appendix, that require corrective action by the
license holder. An accompanying narrative shall contain all of the following:
1. A factual description of the violation
observed, including location of the observed violation.
2. Citation and a brief description of the
statute, administrative rule, or local ordinance for the observed
violation.
3. A statement
indicating what corrective action the license holder has taken, or shall take,
to regain compliance with the administrative rule, statute, or local
ordinance.
4. Unless otherwise
indicated on the inspection report, each violation shall have a corrective
action deadline. The corrective action deadline shall be based on the following
criteria:
a. The nature of the potential
hazard involved and the complexity of the corrective action needed. The
department or its agent may agree to or specify additional time, not to exceed
72 hours after the inspection, for the license holder to correct violations of
a priority item.
b. The license
holder has a maximum time of 10 calendar days after the inspection for the
license holder to correct violations of a priority foundation item or HACCP
Plan deviation as defined in ch. ATCP 75 Appendix.
c. The license holder shall correct core
items, as defined in ch. ATCP 75 Appendix, by a deadline agreed to or specified
by the department or its agent, but no later than 90 calendar days after the
inspection. The department or its agent may approve a written compliance
schedule that extends beyond 90 calendar days, if the license holder submits a
written schedule of compliance and no health hazard exists, or will result,
from allowing an extended schedule for compliance.
(5) ISSUING a report and
obtaining acknowledgment of receipt. At the conclusion of the inspection, an
authorized representative of the department shall sign the completed inspection
report. The department or its agent shall then perform an exit interview and
obtain a signature on the inspection report from the license holder's
designated person in charge, as that term is used in ch. ATCP 75 Appendix part
2-101.11(A). A copy of the inspection report shall be left with the person in
charge at the completion of the inspection or emailed or otherwise presented
within 2 business days after completion of the inspection.
(6) REFUSAL TO SIGN INSPECTION REPORT. If the
license holder's designated person in charge refuses to sign the inspection
report, the department or its agent shall do all of the following:
(a) Inform the person who declines to sign
the inspection report that a written acknowledgment of receipt is not an
agreement with findings.
(b) Inform
the person that refusal to sign the inspection report will not affect the
license holder's obligation to correct the violations noted in the inspection
report by the deadlines specified.
(c) Document the refusal to sign in the
inspection report.
(7)
POSTING OF INSPECTION REPORTS. The department and its agents shall make
inspection reports available to the public on the internet.
