Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 75 - Retail Food Establishments
Appendix - Wisconsin Food Code

Current through August 26, 2024

PREFACE

Information to Assist the User

The following information explains the organizational format and the meaning of explanatory conventions used in the Wisconsin Food Code, intended to make the Code easier to use.

Structural Nomenclature

Each chapter of the Food Code is divided into the following subunits. The system of numbering for a chapter and any of its subunits uses the following format:

Chapter 9

Part 9-1

Subpart 9-101

Section (§) 9-101.11

Paragraph (¶) 9-101.11 (A)

Subparagraph 9-101.11 (A) (1)

Code provisions are either appropriate for citing and debiting on an inspection report or they are not. Those not intended for citing/debiting are identified by the digits following the decimal point in the numbering system. These "nondebitable" provisions fall into two categories, those that end with two digits after the decimal point and the last digit is a zero, e.g., § 1-201.10; and those that end with three digits after the decimal point and the last 2 digits are zeros, e.g., § 8-805.100.

Two types of internal cross referencing are widely used throughout the Code to eliminate the need for restating provisions.

A. The first type of cross reference uses phrases that contain the word "under," e.g., "as specified under... (followed by the relevant portion of the Code)."

The purpose of this type of cross reference is to:

1) Alert the reader to relevant information, and

2) Provide a system by which each violation is recorded under the one most appropriate provision. This type of cross reference signals to the reader the provision of the Code under which a certain violation is properly cited/debited.

B. The second type of cross reference uses phrases that contain the word "in," e.g., "as specified in...(followed by the relevant portion of the Code)."

The purpose of this type of cross reference is to:

1) Indicate the specific provisions of a separate document such as a federal regulation that are being incorporated by reference in the requirement of the Code, e.g., ¶ 3-201.11 (C); or

2) Refer the reader to a nondebitable provision of the Code providing further information for consideration, such as provision for an exception or for an allowance to comply via an alternative method.

For example, ¶ 3-201.16 (A) begins with "Except as specified in ¶ (B)..." and ¶ (B) states the relevant exceptions to ¶ (A). Paragraph 3-201.11 (E) states in part, "... as specified in ¶ 3-401.11 (C)" and ¶ 3-401.11 (C) provides for an allowance to serve or sell raw or undercooked, whole-meat, intact beef steaks in a ready-to-eat form.

If you review the exception in ¶ 3-201.16 (B) and the allowance in ¶ 3-401.11 (C), you will see that exceptions and allowances often contain conditions of compliance, i.e., conditions that must be met in order for the exception or allowance to apply.

Based on the violation being cited, the substance of the text being referred to and the context in which the reference is made, users of the Code must infer the intent of the cross reference. That is, the user must determine if the cross reference simply alerts the user to additional information about the requirement or if the cross reference:

* sends (via the word "under") the citing/debiting to another Code provision; or

* incorporates (via the word "in") the referenced requirements into the Code provision.

The Wisconsin Food Code presents requirements by principle rather than by subject. For example, equipment requirements are presented under headings such as Materials, Design and Construction, Numbers and Capacities, Location and Installation, and Maintenance and Operation rather than by refrigerators, sinks, and thermometers. In this way, provisions need be stated only once rather than repeated for each piece or category of equipment. Where there are special requirements for specific equipment, the requirement is delineated under the appropriate principle (e.g., Design and Construction) and listed separately in the index.

Categories of Importance:

Priority Items, Priority Foundation Items, and Core Items

Requirements contained in the Food Code are identified as being in one of 3 categories of importance:

PRIORITY ITEM (i.e., a provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard);

PRIORITY FOUNDATION ITEM (i.e., a provision in this Code whose application supports, facilitates, or enables one or more PRIORITY ITEMS); and

CORE ITEM (i.e., a provision in this Code that is not designated as a PRIORITY ITEM or a PRIORITY FOUNDATION ITEM and that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance).

A "P" or "Pf" designation after a paragraph or subparagraph indicates that the provision within that section is a PRIORITY ITEM or PRIORITY FOUNDATION ITEM. Any unmarked provisions within a section are CORE ITEMS.

Font Style

Italics Text Portions of some sections are written in italics. These provisions are not requirements, but are provided to convey relevant information about specific exceptions and alternative means for compliance. Italics are often pursuant to a preceding provision that states a requirement, to which the italics offer an exception or another possibility. Italicized sections usually involve the words "except for," "may," "need not," or "does not apply." See, e.g., ¶ 3-202.18 (D).

TEXT IN "caps" Defined words and terms are in "caps" in the text to indicate that they are defined under ¶ 1-201.10 (B) or § 12-101.12, and that the meaning of a provision is to be interpreted in the defined context. A concerted effort was also made to capitalize all forms and combinations of those defined words and terms that are related to the definition.