Chapter M
RESTAURANT SINKS
Code References
1.)
GENERAL
a.
Drain, trap & vent size Table 82.30-1 and Table 82.30-2 and Table 82.31-3.
b.
Installation Appendix Comm A-82.34(5)(c) See following drawings in this chapter.
c.
Sink or compartment size See Chapter WFC-4-301.12(A) of the Wisconsin Food Code
(page M 2).
d.
Pre-wash sink See Chapter 4-301.12 of the Wisconsin Food Code (page M 2).
e.
Number of compartments See Chapter ATCP75 of the Wisconsin Food Code (Agriculture,
Trade & Consumer Protection Code) reprinted at the end of this chapter (after Q & A.
f.
Prep sinks See Chapter 4-301.16 of the Wisconsin Food Code (page M 2).
g.
Hand wash facilities See the following WFC Chapters:
Chapter WFC 5-202.12 Handsink, Water Temperatures & Flow, (A)(B)(C)(1 )(2) & (D)
Chapter WFC 5-203.11 Handsink. C, Numbers & Capacities (A)(B)(C)
Chapter WFC 5-205.11, Using a Handsink (A)(B)(C)
A reprint of a letter dated February 14, 2006 confirming types of acceptable hand sink faucet
controls is reprinted at the end of this chapter (after Q & A).
Also see page M8 for ADA installation measurements of an approved hand sink.
2.)
INTERIOR GREASE INTERCEPTOR SIZING FOR RESTAURANT SINKS/DISHWASHERS See
page M 6 of this chapter.
3.)
EXTERIOR GREASE INTERCEPTOR SIZING FOR RESTAU RANT KITCHENS See Interceptors
& Catch Basins, chapter H page H 14 & H 15, in this manual for installation & sizing.
M1
ChapterM
RESTAURANT SINKS
Code References
INTENTIONALLY LEFT BLANK
M2
Chapter M
RESTAURANT SINKS
Code References
WISCONSIN FOOD CODE
Food Preparation Sinks 4-301.16
(A)
Except as specified in (B), in NEW FOOD ESTABLISHMENTS and at the time of change in
OPERATOR of an existing FOOD ESTABLISHMENT that has FOOD items that require washing or
thawing a separate sink for FOOD PREPARATION that meets the requirements specified in §§4-205.11,
5-202.13 and 5-402.11 shall be provided.
(B)
EXISTING FOOD ESTABLISHMENT needing a sink to PREPARE, wash or thaw FOOD as
specified in 3-302.15 and 3-501.13(B), may use a SANITIZING compartment of a WAREWASH sink
provided the following conditions are met:
(1)
The installation of a separate FOOD PREPARATION sink would not be possible
because adequate space is not available;
(2)
The sanitizer sink compartment is discharged via air gap as specified in §5-402.11;
(3)
APPROVAL is obtained from the REGULATORY AUTHORITY to use the
SANITIZER sink compartment for FOOD PREPARATION; and
(4)
Cleaned and SANITIZED as specified in 4-501.16(B).
Note:
When a food preparation compartment is an integral part of a multi-compartment scullery
sink, a suitable insert or utensil shall be used in the food preparation sink compartment to
prevent cross contamination from adjacent compartments. A suitable insert or utensil is one
that terminates above the rim of the compartment preventing contamination caused by
overflow from adjacent sink compartments.
M3
Chapter M
RESTAURANT SINKS
Interior Grease Interceptors & Scullery Sinks
~
11/4"
1 1 t 4 " A - - - - L -r~-------,
'j
:
I
11/4""l
Pre-wash Wash Rinselsanitize
I
I
I
I
2"
G.l.
1--+-12" Max.
A maximum of 12" horizonal inlet pipe may be
submerged. See Comm. 82.34 (S)(d) 7.
Grease interceptor sized as per Comm. 82.34 (S)(d) 1. 2. 3. See criteria for sizing the grease interceptor
on page M6 of this chapter.
When a four (4) compartment sink is one unit, the pre-wash and wash compartment may be connected
with a continuous waste and the rinse and sanitize compartments may also be connected with a
continuous waste or with a double tee-wye as shown above.
Note: A scullery sink of one, two, three or four compartments has a DFU value of 3.
t-,r1 1/2"
Pre-wash with
overhead spray
1 1/4"
rl-----L-,~-----,
1:
I
I
1
I
Wash Rinsel Sanitize
I
"I
I
I
I
1 1/4"
G.l.
1--+-12" Max.
In lieu of the additional sink for pre-washing, a well-type garbage disposal with overhead spray wash
may be provided. However, an additional handwash sink must be provided in the food preparation area.
The sink compartment size shall be large enough to accomodate immersion of at least 50% of the
largest utensil or equipment being cleaned or sanitized. See 4-301.12 (B) in the food code.
Note: The rinse, sanitize and FWG compartments have the option of by passing a grease interceptor. If
they pass through the grease interceptor, then the grease interceptor should be sized accordingly.
M4
~
Chapter M
RESTAURANT SINKS
Interior Grease Interceptors & Scullery Sinks
11/4"-J------/.2.~-~--------.,
:
1
Wash Rinse Sanitize :
I
I
I
I
2"CO~
I
2"
1--1--12" Max.
Note: If sink strainer is 1-112'', then the waste pipe and trap may also be 1-1/2".
A maximum of 12" of horizontal inlet pipe may be submerged. See Com 82.34(5)(d)7 ..
Grease interceptor sized as per Com 82.34(5)(d)1.2.3. See criteria for sizing grease interceptors on
page M6 of this chapter.
When a three (3) compartment sink is one unit, the wash and rinse compartment may be connected
with a continuous waste. The rinse and sanitize compartments may also be connected with a
continuous waste or with a double tee-wye as shown below.
Note: A scullery sink of one, two, three or four compartments has a DFU value of 3.
1-
1 1/4"
11/4"-<i _ _ _ _ _
:
I
2"
/ _ r ~-----,
~
1 114..
Wash Rinse! Sanitize
I
1
2"COI-1
dry
I
2"
1--1--12" Max.
The outlet pipe is dry. The inlet pipe upstream of the 45° fitting is dry. The pipe downstream of the same
45° fitting is wet (or submerged). This portion of the pipe from the 45° fitting to the grease interceptor
shall not exceed 12".
The sink compartment size shall be large enough to accomodate immersion of at least 50% of the
largest utensil or equipment being cleaned or sanitized. See 4-301.12 (B) in the WI food code.
Note: The rinse, sanitize and FWG compartments have the option of by passing a grease interceptor. If
any one of the compartments pass through the grease interceptor, then the grease interceptor should
be sized accordingly.
MS
Chapter M
RESTAURANT SINKS
Interior Grease Interceptors & Scullery Sinks
If the food establishment demonstrates the inability to effectively clean equipment and utensils, the
Department or its agent municipality or county may require a 4-compartment sink or an additional
pre-wash sink for pre-cleaning as specified in Chapter 4-603.12 of the Wisconsin Food Code.
r--v.:.------...,
PF ~ !
~
')v
1 1/4"
11/4"-<i _ _ _ . f
___
!
1 1/4"
Wash Rinse Sanitize
1;-.1----..··-----
2"
2"
Flow control
-lr---1f-12" Max.
When a pre-wash and wash sink do not have a disposal connected to it, the sinks may be common
vented as shown above.
Note: The size of the drain for the food waste grinder is determined by the size of the disposal outlet.
The minimum size waste pipe for the pre-wash sink with a disposal would be sized as per the drain
opening for the sink or the disposal. (I.E. It could be 1-1/2" or 2".) It should also be noted that exterior
grease interceptors should be installed to serve the entire kitchen area when situations allow this to
occur.
Note! When flow controls are required for grease interceptors, they shall be installed as per com
82.34(5)(d)4.a.b.5
1 114,
1 114,
11/4"_/},---L----~-/-.-------,
"'' !/1 1/4"
2"
Pre-wash
r
II
I
I
1-""""'-----,
I
I
r
1
I
Wash Rinse Sanitize
11/4"
1/
I
I
I
2"
The wash compartment of a scullery sink shall discharge through a grease interceptor.
Note: The wash and the rinse compartment may discharge through a grease interceptor. If both
compartments pass through the grease interceptor, then the grease interceptor should be sized
accordingly. The FWG may discharge through the grease interceptor or it may by-pass it as shown in
the drawing above. See Com 81.34(5)(b)b.c.&d.
M6
""'-.
)
Chapter M
RESTAURANT SINKS
Interior Grease Interceptor sizing for restaurant sinks:
Step One:
Determine the length, width and depth of the compartment discharging through the grease interceptor.
(I.E. Example: 16" x 20" x 14" deep)= CU IN
16" x 20" X 14" = 4480 CU IN
Step Two:
Divide the cubic inches by 231 which will equal gallons.
I.E. 4480 CU IN+ 213 = 19.39 gallons (rounded to 20 gallons)
Step Three: Multiply the number of gallons created by Step Two by .75.
I.E. 20 gallons x .75 = 15 GPM flow
which meets the code derived requirements.
Step Four:
The minimum size of an interior grease interceptor for the above sink shall be capable of
accommodating a flow of 15 gallons per minute.
Note! A Schier No. PATG-1815 Trapper II will provide a grease trap with 15 GPM flow rate and a
grease capacity of 60 lbs. which will meet the code requirements.
Step Five:
If two (2) compartments of the three or four compartment sink flow through the grease interceptor,
multiply step four (15 gallons x 2) times 2 to equal a total discharge through the grease interceptor of
30 GPM. A Schier No. PATG-2420 Trapper II will accommodate a flow of 30 GPM which will meet the
code requirements.
Sizing of an Interior Grease Interceptor for a Dishwasher: (Size & Install Per Manufacturers Requirements)
If a dishwasher is discharging through a grease interceptor it is sized
as follows:
Gallons per rack x racks per hour x .5 = GPM
I.E. Example: 1.2 gallons per rack x 40 racks per hour x .5 = 24 GPM
A Schier No. PATG-2025 grease interceptor would provide grease removal for the dishwasher shown above. If you
were to install one grease interceptor for the sink and the dishwasher shown above it would be as follows:
Sink = 15 GPM + Dishwasher = 24 GPM
Total GPM = 39 GPM
Provide a Schier No. PATG-2824Trapper II grease interceptor which will provide an interceptor capable of a 40
GPM flow rate and a grease capacity of 180 lbs.
M7
Chapter M
RESTAURANT SINKS
Food Preparation Sinks
Comm. 82.33 (9)(g) 6.
Open culinary sink compartments for thawing or washing food shall discharge to the sanitary drain
system through an independent connection by means of an air gap. The fixture drain upstream of the air
gap shall not exceed a length of 30".
PREP SINK
TWO COMPARTMENT FOOD PREP SINK
1 1/2"
_L
Sized by opening on food
waste grinder
Air-gap
Air-gap
1:
I
T
36" Max.
Comm 82.32 (4)(b) a.
r
I 1 1/4"
II
I
I
r
3"
36" Max.
Comm 82.32 (4)(b) a.
:;11/4"
I
L=
PREP SINK
PREP SINK
I
T4"
I
I
I
_I\.
(-1 "1/2"
30" Max
Air-gap
f
36" Max.
Comm 82.32 (4)(b) a.
'
36" Max.
Comm 82.32 (4)(b) a.
I
M8
T
r
I
3" 2"
r
1/
1 1/4"
Chapter M
RESTAURANT SINKS
Hand Wash Sinks
Typical 20"x18" wall hung lavatory. Lavatory sizes vary but the rough-in measurements are consistant.
The 7-1/2" measurement is close to being exact for the centerline of the drain away from the wall. The
knee clearance needs to be complied with on all lavatories for ADA requirement.
1814"1
1---20"----1
f"==:=--r--r------,~
L--
,.n·
T--~~ ~---~----7/'2"
-.------H_oti--......_"11}4" waste
34" max.
ADA 30o/s"
II
27~~~ 1~
L---------~---~--~-~--M~in_._K_n_e_e_~~Rn~~dWall
25"
8
ADA
22"
10}4"
Clearance
\_Finished Floor
ADA WASH SINK INSTALLATION (WASTE AND WATER ROUGH-IN)
The following dimensions and those listed above may vary depending on the fixture being used.
Waste:
Water:
22" above floor
Hot Water: 25" above finish floor and 4" to the left of the fixture centerline
Cold Water: 25" above finish floor and 4" to the right of the fixture centerline
Exposed waste and water piping under the ADA lavatory shall be covered with an approved trap and
water covering of the PVC type.
ADA lavatory installation height = 34" from the finish floor to the rim of the lavatory.
M9
Chapter M
RESTAURANT SINKS
INTENTIONALLY LEFT BLANK
M 10
Chapter M
RESTAURANT SINKS
Questions & Answers
1.
2.
3.
4.
5.
6.
7.
Question:
What type faucet is acceptable to the health departments?
Answer:
A faucet which is able to be turned on and off with your wrists or elbows and is
classified as an ADA approved faucet. A sensor operated or foot or knee
operated faucet is also an approved method of faucet operation.
Questions:
What is the distance that an exterior grease interceptor shall be from the exterior
wall of the building that it is serving?
Answer:
The grease interceptor shall be a minimum of 5'-0" between the building and the
side of the grease interceptor closest to the building.
Question:
When is a hand sink required in a food establishment?
Answer:
A hand sink is a requirement of the Wisconsin Food Code. The sink shall be
located in all food preparation areas and utensil washing areas. (Example: bars,
kitchens, front counters and waitress stations.)
Question:
If the restaurant contains a liquor bar, what are the type of plumbing connections
needed for the bar fixtures?
Answer:
See Chapter B in this manual for pages relating to bar sink installations.
Question:
How far away from the property line is a grease interceptor required to be?
Answer:
It is required to be a minimum of 2' from the lot line. Also, the grease interceptor
must be a minimum of 10' from a water service.
Question:
What codes govern the plumbing requirements in a restaurant?
Answer:
The plumbing requirements for the installation of plumbing are governed by the
Department of Commerce Uniform Plumbing Code.
Question:
What code or codes govern restaurant or food establishment rules and
regulations?
Answer:
Restaurants and other food establishments are regulated by the Department of
Health Services (DHS), Department of Agriculture, Trade and Consumer
Protection (DATCP) and their agents (local health department). The Wisconsin
Food Code is an appendix of ATCP 75 & DHS 196
M 11
ChapterM
RESTAURANT SINKS
INTENTIONALLY LEFT BLANK
M 12
State of Wisconsin
State of Wisconsin
Department of Health & Family Services
Department of Agriculture, Trade &
Consumer Protection
DIVISION OF PUBLIC HEALTH
1 WEST WILSON STREET
P 0 BOX 2659
MADISON WI 53701-2659
(608) 266-1251
FAX: (608) 267-2832
Division of Food Safety
POBox8911
Madison WI 63708-8911
(608) 224-4718
www.dhfs.state.wi.us
FAX (608)224-4710
DATE:
February 14, 2006
TO:
All Local Agent Health Departments
Regional Directors
Attn: Food Safety and Recreational Licensing Sanitarians
SUBJEcr:
Clarification of "Hands-Free" Sink
Question
In a new or substantially remodeled facility, a non-hand-operated sink must be installed in food prep areas as well as in restrooms
potentially used by food handlers. Since there are a number of ways to make sink operations "hands-free", is there a way to
determine which option is or is not acceptable?
·
Discussion
The Wisconsin Food Code, in 5-202.12, states that "At a newly constructed Food Establishment when a handsink. or sink faucet is
replaced or installed it shall have a faucet of the tvpe which is not hand ooerated."
The major difference between the Wisconsin Food Code adopted in 2001, and the old food codes published separately by DHFS
and DATCP, is that the new code is performance driven. Rather than specifying exactly what equipment must be used, we tell the
operator what must happen, and they can choose among various methods that work for them.
If a sink is replaced or installed, it must have a non-hand operated faucet. If the faucet alone is replaced, it must be replaced with
one that is other than hand-operated. The sink faucet can be non-hand-operated in a variety of ways, including knee or foot
levers, elongated paddle-type handles, a single handle that doubles as a mixing valve, or even an electric eye that senses the
presence of hands and turns the water on and off accordingly. Of these, the electric eye or the foot/knee levers are the most likely
to prevent improper contact, simply because there are no handles. This is certainly good advice to give an operator, but it is not a
requirement. A single lever or paddles are equally acceptable, as long as it is demonstrably easy to turn the water on and off
without direct hand contact using either the wrists or elbows.
Decision
Field staff should not be requiring one type of sink operation over another. The objective is to keep the washed hands of food
handlers from being recontaminated by faucet controls, not to require overly-expensive plumbing fixtures if an operator chooses to
get by with less-expensive options that work as well. The decision on sink operation must be based solely on demonstrated
performance.
Sincerely,
Mike Barnett, Chief
Technical Service Section
Division of Food Safety
Wisconsin Dept. of Agriculture, Trade & Consumer Protection
Gregory A. Pallaske, M.S., R.S., R.E.H.S., Chief
Food Safety and Recreational Licensing
Bureau of Environmental & Occupational Health
Wisconsin Dept. of Health & Family Services
455
ATCP 75.03
AGRICULTURE, TRADE & CONSUMER PROTECTION
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Chapter ATCP 75
RETAIL FOOD ESTABLISHMENTS
Subchapter I - Definitions and General Provisions
ATCP 75.01
Definitions.
ATCP 75.02 Authority, scope and purpose.
Subchapter II - Retail Food Establishments; Licensing and Standards
ATCP 75.03
Retail food establishments; licensing.
ATCP 75.04 Denial, suspension or revocation of license; conditional license.
ATCP 75.05
Standards for retail food establishments.
Note: Chapter Ag 32 was renumbered ch. ATCP 75 under s. 13.93 (2m) (b) 1..
Stats., Register, April, 1993, No. 448. Chapter ATCP 75 as it existed on January 31,
200 I was repealed and a new chapter ATCP 75 was created effective February I ,
Subchapter III
ATCP 75.06
ATCP 75.07
ATCP 75.08
ATCP 75.09
ATCP 75.10
ATCP 75.11
ATCP 75.12
- Local Regulation of Retail Food Establishments
Retail food program; agent agreement.
Local agent staff.
Inspections.
Complaint investigations.
Records and reports.
Reimbursement of department costs.
Review and evaluation.
Subchapter II - Retail Food Establishments;
Licensing and Standards
2001.
ATCP 75.01 Authority and purpose. History: Cr. Register, January, 2001,
No. 541, eff. 2-1-01; CR 07-093: r. Register December 2008 No. 636, eff. 1-1-09.
Subchapter I - Definitions and General Provisions
ATCP 75.01 Definitions. In this chapter:
(1) "Agent agreement" means a written agreement between
the department and a local health department, under which the
department authorizes the local health department to administer
a retail food program as the department's local agent.
(2) "Department" means the Wisconsin department of agriculture, trade and consumer protection.
(3) "Food" has the meaning given ins. 97.01 (2), Stats.
(4) "Local agent" means a local health department that enters
into an agent agreement with the department to administer a retail
food program.
(5) "Local health department" has the meaning given in s.
250.01 (4), Stats.
Note: Sees. 97.41 (I) (b), Slats.
(6) "Registered public health sanitarian" means an individual
who is registered under s. 440.98, Stats., or is recognized as a "registered environmental health specialist/registered sanitarian" by
the national environmental health association.
(7) "Retail food establishment" has the meaning given in s.
97.30 (I) (c), Stats.
(8) "Retail food program" means a program administered by
a local agent pursuant to subchapter m.
History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.02 Authority, scope and purpose. (1) The
department licenses and regulates retail food establishments
under s. 97.30, Stats. Under s. 97.41, Stats., the department may
authorize local health departments to license and regulate retail
food establishments as local agents of the department.
(2) The department has adopted this chapter under authority
provided in ss. 93.07 (1), 97.30 (5), 97.41 (2) and (5), and 227.14
(Is), Stats.
(3) Subchapter II describes retail food establishment licensing
requirements and procedures, and establishes food safety standards for retail food establishments. A retail food establishment
must comply with the model food code appended to this chapter.
Pursuant to s. 227.14 (ls), Stats., the department has adopted the
model food code in the format published by the United States food
and drug administration.
(4) Subchapter ill describes the standards and procedures
under which the department may authorize a local health department to license and inspect retail food establishments as the
department's local agent.
History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.03 Retail food establishments; licensing.
(1) LICENSE REQUIRED. Except as provided under sub. (9), no person may operate a retail food establishment without a valid license
issued by the department or an agent municipality or county.
Licenses expire on June 30 annually. Each retail food establishment shall have a separate license, which shall be prominently displayed in the retail food establishment. A license is not transferable between persons or establishments.
(2) LICENSE APPLICATION. A person applying for a retail food
establishment license shall apply on a form provided by the
department, or by the agent municipality or county. The application shall include applicable fees required under this section.
(3) ANNUAL LICENSE FEE. An applicant for a retail food establishment license shall pay an annual license fee as follows:
(a) For a retail food establishment that has annual sales of at
least $25,000 but less than $1 ,000,000 and processes potentially
hazardous food, an annual license fee of $265.
(b) For a retail food establishment that has annual sales of at
least $1,000,000 and processes potentially hazardous food, an
annual license fee of $685.
(c) For a retail food establishment that has annual sales of at
least $25,000 and is engaged in food processing, but does not process potentially hazardous food, an annual license fee of $190.
(d) For a retail food establishment that has annual food sales
of less than $25 ,000, and is engaged in food processing, an annual
license fee of $60.
(e) For a retail food establishment that is not engaged in food
processing, an annual license fee of $45.
(4) REINSPECTIONFEE. (a) If the department reinspects a retail
food establishment because the department has found a violation
of ch. 97, Stats., or this chapter on a regularly scheduled inspection, the department shall charge the retail food establishment
operator the reinspection fee specified in par. (b). A reinspection
fee is payable when the reinspection is completed, and is due upon
written demand from the department. The department may issue
a demand for payment when it issues a license renewal application
form to the retail food establishment operator.
(b) The reinspection fee required under par. (a) is as follows:
I . For a retail food establishment that has annual food sales
of at least $25,000 but less than $1,000,000, and processes potentially hazardous food, the reinspection fee is $190.
2. For a retail food establishment that has annual food sales
of at least $1,000,000, and processes potentially hazardous food,
the reinspection fee is $450.
3. For a retail food establishment that has annual food sales
of at least $25,000, and is engaged in food processing but does not
process potentially hazardous food, the reinspection fee is $190.
Register, April, 2009, No. 640
456
WISCONSIN ADMINISTRATIVE CODE
ATCP75.03
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
~·
\
4. For a retail food establishment that has annual food sales
of Jess than $25,000, and is engaged in food processing, the reinspection fee is $90.
5. For a retail food establishment that is not engaged in food
processing, the reinspection fee is $90.
(5) ACTION ON LICENSE APPLICATION. Within 15 business days
after the department or its agent municipality or county receives
a complete license application, the department or its agent shall do
one of the following:
(a) Grant the application.
(b) Deny the application. If the department or its agent denies
the application it shall give the applicant written notice specifying
the reasons for the denial.
(c) Issue an interim license under sub. (6).
(6) INTERIM LICENSE. The department or its agent municipality
or county may issue an interim license, for a period not to exceed
40 business days, pending final action on an application for an
annual retail food establishment license. The department or its
agent shall grant or deny the annual license application before the
interim license expires. If the department or its agent denies a
license application before the applicant's interim license expires,
the interim license is automatically terminated when the applicant
receives written notice of the denial. The holder of an interim
license acquires no license rights beyond those conferred by the
interim license under this subsection. The department or its agent
may not issue an interim license in response to a renewal application by the holder of an existing license.
(7) PRE-LICENSE INSPECTION. The department or its agent
municipality or county may inspect a retail food establishment, as
the department or agent deems necessary, before issuing a license
to the retail food establishment. The department or its agent may
not issue a license or interim license for a new retail food establishment until it inspects the new retail food establishment for
compliance with this chapter. A previously licensed retail food
establishment is not considered a new retail food establishment
under this subsection solely because of a change of ownership, or
solely because of alterations in the retail food establishment.
(8) PLAN REVIEW. A person may ask the department or its
agent to review plans for the construction, reconstruction or alteration of a retail food establishment before the person constructs,
reconstructs or alters the retail food establishment, or converts an
existing structure for use as a retail food establishment.
(9) LICENSE EXEMPTIONS. A retail food establishment license
is not required under s. 97 .30, Stats., or this section for any of the
following:
(a) A retail food establishment that sells only packaged foods
or fresh fruits and vegetables, provided the establishment does not
sell potentially hazardous food and does not engage in food processing.
(b) A retail food establishment operated by a person holding
a food processing plant license under s. 97.29, Stats., if all the following apply:
1. The person operates the retail food establishment at the
same location as the licensed food processing plant.
2. Sales from the retail food establishment are included in the
computation of the food processing plant license fee under s.
97.29 (3), Stats.
(c) A retail food establishment operated by a person holding
a restaurant permit issued under s. 254.64, Stats., if all of the following apply:
1. The person operates the retail food establishment at the
same location as the restaurant for which the person holds a permit
under s. 254.64, Stats.
2. Non-meal food sales from that location comprise no more
than 50% by dollar volume of all meal and non-meal food sales
from that location. Sales of alcohol beverages and vitamin supple-
Register, April, 2009, No. 640
ments shall be excluded from the calculation of food sales under
this subdivision.
(d) A restaurant, vending machine, vending machine commissary or other establishment for which a permit is issued under s.
254.64, Stats., to the extent that the activities of the establishment
are covered by that permit.
(e) A retail food establishment operated by a person holding
a dairy plant license under s. 97 .20, Stats., if all the following
apply:
1. The person operates the retail food establishment at the
same location as the licensed dairy plant.
2. 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 non-dairy food sales from that location.
(f) A retail food establishment operated in conjunction with a
state licensed or federally inspected meat establishment if all the
following apply:
1. The meat establishment is licensed under s. 97 .42, Stats.,
or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.
2. The person operating the meat establishment operates the
retail food establishment at the same location.
3. Food sales from that location, other than sales of inspected
meat or meat products produced at that location, comprise no
more than 25% by dollar volume of all meat and non-meat food
sales from that location.
(g) A retail food establishment primarily engaged in selling
fresh fruits and vegetables, honey, cider, sorghum or maple syrup
produced by the operator of the retail food establishment if no
other food processing activities are conducted at that retail food
establishment.
(h) A temporary retail food establishment operated by a
religious, charitable or non-profit organization for no more than
12 days in any license year.
History: Cr. Register, January, 2001, No. 541, eff. 2-1--{)I; CR 04--{)96: am. (3)
(d) Register June 2005 No. 594,eff. 7-1--{)5; CR 05--{)44: am. (2),(3) and (4) (b) Register December 2005 No. 600, eff. 1-1--{)6; CR07--{)37: am. (3) (a) to (e) and (4) (b)
I. to 5. Register April2008 No. 628, eff. 5-1--{)8; CR 07--{)93: renum. from ATCP
75.02 Register December 2008 No. 636, eff. 1-1--{)9; CR 08--675: am. (1) and (9)
(f) 1. Register April 2009 No. 640, eff. S-1--69.
ATCP 75.04 Denial, suspension or revocation of
license; conditional license. The department or its agent may
deny, suspend or revoke a license, or impose conditions on a
license as provided under s. 93.06 (7) and (8), Stats. Except as
otherwise provided by statute, rule or local ordinance, the suspension or revocation of a license shall comply with the prior notice
requirements of s. 227.51, Stats.
History: Cr. Register, January, 2001, No. 541, eff. 2-1--{)1; CR 07--{)93: renum.
from ATCP 75.03 Register December 2008 No. 636, eff. 1-1--{)9.
ATCP 75.05 Standards for retail food establishments. A retail food establishment shall comply with the model
food code appended to this chapter.
History: Cr. Register, January, 2001, No. 541, eff. 2-1--{)1; CR 07--{)93: renum.
from ATCP 75.04 Register December 2008 No. 636, eff. 1-1--{)9.
Subchapter ill - Local Regulation of Retail Food
Establishments
ATCP 75.06
Retail food program; agent agreement.
(1) AUTHORITY. (a) The department may enter into an agent
agreement with a local health department, under which the department authorizes the local health department to administer a retail
food program as the department's local agent. An agent agreement may authorize the local agent to do any of the following as
part of the local agent's retail food program within the local jurisdiction:
1. License and inspect retail food establishments that are
required to be licensed under s. ATCP 75.03. A local agent shall
use license forms approved by the department. The local agent
456-1
AGRICULTURE, TRADE & CONSUMER PROTECTION
ATCP 75.07
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
may deny, suspend or revoke a license as provided in s. ATCP
75.04.
2. Inspect retail food establishments that are not required to
be licensed under s. ATCP 75.03.
3. Investigate food-related consumer complaints involving
retail food establishments.
4. Enforce subch. II and other state food safety laws identified
in the agent agreement.
5. Review retail food establishment construction and remodeling plans pursuant to s. ATCP 75.03 (8).
6. Exercise other authority delegated by the department under
s. 97.41, Stats., and the agent agreement.
Note: Paragraph (a) does not limit a local health department's authority to do any
of the following:
• Enforce additional local ordinance requirements related to retail food establishments.
• Regulate restaurants, hotels or vending machine commissaries pursuant to an
agreement with the Wisconsin department of health services under s. 254.69, Stats.
(b) An agent agreement takes effect on the date specified in the
agreement, and continues in effect until terminated by the local
agent or the department. During the term of the agreement, the
department may not perform in the local jurisdiction any of the
activities that the local agent agrees to perform under the agreement, except as provided ins. 97.41 (8), Stats., or the agent agreement.
(c) Upon request by a local agent, or as provided in the agent
agreement, the department may assist the local agent in an inspection, investigation, enforcement action, plan review or other activity under the agent agreement.
(2) LOCAL APPLICATION FOR AGREEMENT. A local health
department that wishes to enter into an agent agreement shall submit a written application to the department, in a form specified by
the department. The application shall include a complete plan for
the retail food program that the local health department proposes
to implement under the agreement. The plan shall include all of
the following:
(a) The proposed coverage of the program.
(b) The functions that the local health department proposes to
perform under the program.
(c) Projected local staffing and budget for the program, including staffing and budget for inspection and enforcement.
(d) The entities that the local health department proposes to
license under the program, and the approximate license fees that
the local health department proposes to charge.
Note: A local ordinance may combine and expand license categories, as long as
those categories include all of the retail food establishments that are required to be
licensed under s. ATCP 75.03 and the agent agreement. A local ordinance may establish local license fees that differ from the fees charged under s. ATCP 75.03 (3) for
licenses issued by the department. However, license fees must be based on the local
agent's reasonable program costs. See sub. (4) (c) and s. 97.41 (4), Stats.
(e) A description of the proposed licensing and recordkeeping
system that the local health department proposes to maintain
under the program.
(f) A description of the proposed inspection and enforcement
program that the local health department proposes to implement
under the program.
(g) Proposed procedures for coordinating with federal, state
and local agencies in the event of an emergency or disaster.
(h) The procedures that the local health department will use to
grant or deny retail food establishment license applications, and
the time periods within which the local health department will
grant or deny a complete application. Procedures and time periods shall be consistent with those provided ins. ATCP 75.03 (5)
to (7).
(i) Reasonable assurance that the local health department will
provide continuing adequate funding and other support for the
program.
U) Other information, required by the department, which is
reasonably necessary or relevant to the department's review of the
application.
(3) DEPARTMENT ACTION ON LOCAL APPLICATION. The department shall grant or deny an application under sub. (2) within 60
days after the department receives a complete application.
(4) AGREEMENT TERMS AND CONDITIONS. (a) An agent agreement shall do all of the following:
1. Clearly describe the retail food licensing program that the
local agent agrees to implement. The program shall comply with
applicable requirements under this chapter.
2. Provide for full and adequate enforcement of subch. II and
other laws identified in the agreement.
(b) An agent agreement may incorporate, by reference, information contained in the application under sub. (2).
(c) Retail food establishment license fees charged by a local
agent may exceed the amounts specified ins. ATCP 75.03 (3), but
the amount of license fees collected less the amount paid to the
department under s. ATCP 75.11 (2) may not exceed an amount
reasonably required to cover the local agent's program costs under
s. ATCP 75.10 (2).
Note: Sees. 97.41 (4), Stats.
(5) REVIEW AND EVALUATION. The department shall periodically review and evaluate a local agent's implementation of an
agent agreement, as provided ins. ATCP 75.12.
(6) AMENDMENTS. An agent agreement may be amended at
any time, by agreement of the parties.
(7) TERMINATION BY LOCAL AGENT. A local agent may terminate an agent agreement by giving 90 days prior written notice to
the department.
(8) TERMINATION BY DEPARTMENT. (a) Ifthe department finds
that a local agent has failed to comply with the terms of the agent
agreement, the department may by written notice terminate the
agreement. The termination notice shall specify the termination
date and reasons for termination.
(b) A notice under par. (a) may terminate an agent agreement
immediately, without prior notice, if the department finds that
immediate termination is necessary in an emergency to protect the
public health, safety or welfare.
(c) The department may issue a warning notice to a local agent,
stating that the department may terminate an agent agreement if
the local agent fails by a specified date to correct deficiencies
identified in the warning notice.
History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-l-09; correction to numbering in (I) (a) 4. to 6. made under s. 13.92 (4) (b) 1., Stats., Register
December 2008 No. 636.
ATCP 75.07 Local agent staff. (1) STAFF NUMBERS:
QUALIFICATIONS AND EQUIPMENT. A local agent shall employ adequate staff to implement the retail food program described in the
agent agreement. One or more registered public health sanitarians, employed by the local agent, shall perform or directly supervise all retail food establishment inspections under the program.
The local agent shall provide appropriate equipment to inspection
personnel, as provided in the agent agreement.
(2) TRAINING IN STANDARD PROCEDURES. The department shall
train one or more registered public health sanitarians employed by
each local agent, so that the sanitarians can apply standard inspection procedures prescribed by the department and if necessary
teach those procedures to other inspectors employed by the local
agent. The department shall evaluate its trainees, to ensure that
they understand and can apply and teach the standard inspection
procedures. The department may, from time to time, update standard inspection procedures.
(3) DEPARTMENT ASSUMES NO LIABILITY. The department
assumes no liability for the job safety or welfare of a local agent's
Register, April, 2009, No. 640
ATCP75.07
WISCONSIN ADMINISTRATIVE CODE
456-2
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
employees, or for the actions or omissions of the local agent's
employees, except as otherwise provided by law.
History: CR 07-{)93: cr. Register December 2008 No. 636, eff. 1-1-{)9.
ATCP 75.08 Inspections. (1) GENERAL. A local agent
shall inspect retail food establishments for compliance with
subch. IT and other laws identified in the agent agreement. A local
agent shall use standard inspection procedures that the department
may, from time to time, prescribe.
(2) LICENSED RETAIL FOOD ESTABLISHMENTS; INSPECTION FREQUENCY AND SCOPE. A local agent shall conduct at least one unannounced inspection per year at each licensed retail food establishment, unless the agent agreement specifies a different inspection
frequency. The inspection shall evaluate all of the following, subject to the terms of the agent agreement:
(a) License status and overall sanitation.
(b) Food sources, transportation and storage.
(c) Food preparation, holding and display, including temperature control if applicable.
(d) Equipment and utensils, including storage procedures.
(e) Cleaning and sanitizing procedures.
(f) Waste disposal.
(g) Insect and rodent control.
(h) Personal hygiene.
(i) Lighting, ventilation and water temperature.
(j) Other matters identified in the agent agreement.
(3) INSPECTION-RELATED TASKS. A local agent shall do all of
the following as part of an inspection under this section:
(a) Collect food and water samples as necessary.
(b) Prepare an inspection report that identifies law violations,
if any, and specifies correction deadlines. The inspector shall use
an inspection report form approved by the department. The
inspector shall provide a copy of the inspection report to the operator of the retail food establishment. If possible, the inspector
shall discuss the report with the operator and obtain a receipt
acknowledgment from the operator.
(c) Conduct timely re-inspections, as necessary, to determine
whether violations have been corrected.
History: CR 07-{)93: cr. Register December 2008 No. 636, eff. 1-1-{)9.
ATCP 75.09 Complaint investigations. (1) GENERAL.
Except as provided in sub. (2), a local agent shall investigate every
food-related complaint that it receives against a retail food establishment under its jurisdiction. The local agent shall prioritize and
investigate complaints according to established complaint handling and investigation procedures. The following types of complaints shall be treated in descending order of priority:
(a) If a complaint alleges facts that indicate a serious or imminent public health hazard, the local agent shall investigate immediately.
(b) If a complaint alleges facts that indicate a potential public
health problem, but not a serious or imminent public health hazard, the local agent shall investigate as soon as practicable.
(c) If a complaint has no public health significance, the local
agent may investigate the complaint when time permits.
(2) COORDINATION WITH OTHER AGENCIES. A local agent shall
notify and consult with the department and other affected agencies
having jurisdiction, as necessary, related to complaints that may
be of significant concern to those agencies. A local agent shall
coordinate complaint investigations, as necessary, with other
agencies having jurisdiction.
History: CR 07-{)93: cr. Register December 2008 No. 636, eff. 1-1-{)9.
ATCP 75.10 Records and reports. (1) GENERAL. (a)
A local agent shall keep complete and accurate records of its activities under an agent agreement, including complete and accurate
records of all licenses and license holders, license fee revenues,
Register, April, 2009, No. 640
inspections, complaints, investigations, enforcement actions and
program costs.
(b) A local agent shall retain a copy of each record, in electronic or hard copy form, for at least 3 years.
(c) Upon termination of an agent agreement, a local agent shall
file with the department copies of records that are relevant to the
local agent agreement or the regulation of retail food establishments.
(2) COST DOCUMENTATION. A local agent shall document the
cost of the retail food program that it administers under the agent
agreement. The cost may include direct costs for licensing,
inspection, complaint handling, investigation, enforcement,
information management, reporting and other activities under the
program, as well as indirect costs reasonably allocated to the program. Costs may include staff, equipment, facility, contract service and other costs reasonably allocated to the program.
(3) REPORTS TO THE DEPARTMENT. (a) A local agent shall report
information to the department upon request, and shall make information available to the department for inspection and copying
upon request.
(b) A local agent shall file a monthly report with the department, by the lOth day of each month. The report shall identify all
of the following:
1. All retail food establishments newly licensed during the
preceding month.
2. All changes in the license status of retail food establishments during the preceding month.
(c) A local agent shall promptly notify the department, in writing, whenever the local agent takes formal enforcement action
against a retail food establishment. A formal enforcement action
includes a court complaint, an enforceable administrative order,
or an action to suspend or revoke a license, but does not include
a warning notice. The local agent shall include, with its notice to
the department, a copy of the relevant court complaint, administrative order or license action.
History: CR 07-{)93: cr. Register December 2008 No. 636, eff. 1-1-{)9.
ATCP 75.11
Reimbursement of department costs.
(1) FiscAL YEAR. The fiscal year under an agent agreement
begins on July 1 and ends on June 30, except as otherwise provided in the agent agreement.
(2) PAYMENT TO DEPARTMENT. By September 30 of each year,
a local agent shall pay to the department, for each retail food establishment licensed by the local agent during the preceding fiscal
year, the following applicable fee:
(a) A fee equal to 10% of the license fee provided in s. ATCP
75.03 (3), regardless of the license fee actually charged by the
local agent, if the local agent prepares and submits to the department by September 30 of that year an annual self-assessment as
required by s. ATCP 75.12 (1).
(h) A fee equal to 20% of the license fee provided ins. ATCP
75.03 (3), regardless of the license fee actually charged by the
local agent, if the local agent fails to submit to the department by
September 30 of that year an annual self-assessment as required
by s. ATCP 75.12 (1). A fee payment under this paragraph does
not exempt the local agent from the duty to prepare and submit an
annual self-assessment.
History: CR 07-{)93: cr. Register December 2008 No. 636. eff. 1-1-{)9.
ATCP 75.12 Review and evaluation. (1) ANNUAL
EVALUATION. At least once each year, the department shall review
and evaluate a local agent's implementation of its agent agreement
with the department, and the local agent shall submit a self-assessment in a format determined by the department. The department's review and evaluation may be based, in part, upon the selfassessment and may include all of the following:
(a) The terms of the agent agreement, and a renegotiation of
terms if necessary.
456-3
AGRICULTURE, TRADE & CONSUMER PROTECTION
ATCP 75.12
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(b) Local agent compliance with the terms of the agreement.
(c) Local agent records and reports under s. ATCP 75.10.
(d) Local agent procedures, including licensing, inspection,
complaint handling, investigation and enforcement procedures.
(e) Local agent costs, license revenues, license fees and related
accounting and financial management.
Note: The evaluation under sub. (I) will normally be patterned, in part, after evaluation procedures outlined in the "Voluntary National Retail Food Regulatory Program Standards" issued by the United States food and drug administration.
(2) THREE-YEAR ON-51TE EVALUATION. At least once every 3
years, the department shall conduct an on-site evaluation of a
local agent's retail food program. The department shall evaluate
the program for compliance with this chapter and the agent agreement. The department may, as part of its evaluation, conduct survey inspections of retail food establishments licensed by the local
agent. In lieu of conducting its own evaluation, the department
may accept an equivalent evaluation conducted by the Wisconsin
department of health services pursuant to a cooperative agreement
with that department under s. 93.06 (11), Stats.
History: CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.
Register, April, 2009, No. 640