Wis. Admin. Code ATCP § 6-501.115

Current through March 24, 2024
Section 6-501.115 - Prohibiting Animals
(A) Except as specified in ¶¶ (B), (C), and (D) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT. Pf
(B)Live animals may be allowed in the following situations if the contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result:
(1)Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
(2)Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
(3)In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or person, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;
(4)Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:
(a)Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas,
(b)Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present, and
(c)Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and
(5)In areas that are not used for FOOD preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.
(C)Live or dead FISH bait may be stored if contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result.
(D)Only dogs may be allowed in the outside seating areas of a FOOD ESTABLISHMENT if the following requirements are strictly followed:
(1)Applies to the exterior areas of outdoor dining of a FOOD ESTABLISHMENT only. Live animals are not allowed in the interior portions of the FOOD ESTABLISHMENT.
(2)A separate entrance is provided to reach the outdoor dining area so that dogs never enter the FOOD ESTABLISHMENT.
(3)The OPERATOR shall provide signage alerting customers that dogs are allowed in outdoor seating areas. Signage shall be approved by REGULATORY AUTHORITY.
(4)No food or BEVERAGE preparation shall be allowed in the outdoor dining area.
(5)Customer multi-use or reusable UTENSILS such as plates, silverware, glasses and bowls shall not be stored, displayed or pre-set in the outdoor dining area.
(6)FOOD shall not be served to pets in the outdoor dining areas of a FOOD ESTABLISHMENT. However, water may be provided by the FOOD ESTABLISHMENT for consumption by the dog in SINGLE-USE disposable containers.
(7)EMPLOYEES shall be prohibited from having direct contact with dogs while on duty.
(8)Dogs shall not be allowed on chairs, seats, benches, and tables.
(9)The outdoor dining areas of a FOOD ESTABLISHMENT shall be maintained clean at all times
(10)In cases where excrement or other bodily fluids (urine, saliva, and vomit) are deposited, an EMPLOYEE shall immediately clean the affected area.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 6-501.115

Adopted by,Register April 2015 No. 712, eff.5/1/2015.
Amended by,Register August 2016 No. 728, eff. 9/1/2016.
Adopted by, Register July 2020 No. 775, eff. 8/1/2020