Wis. Admin. Code ATCP § 2-201.11

Current through May 28, 2024
Section 2-201.11 - Responsibilities of License Holder, Person in Charge, Food Employees, and Conditional Employees
(A) The LICENSE HOLDER shall require FOOD EMPLOYEES and CONDITIONAL EMPLOYEES to report to the PERSON IN CHARGE, information about their health and activities as they relate to diseases that are transmissible through FOOD. A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report the information in a manner that allows the PERSON IN CHARGE to reduce the RISK of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE:
(1) Has any of the following symptoms:
(a) Vomiting, P
(b) Diarrhea, P
(c) Jaundice, P
(d) Sore throat with fever, P or
(e) A lesion containing pus such as a boil or infected wound that is open or draining and is:
(i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a SINGLE-USE glove is worn over the impermeable cover, P
(ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, P or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; P
(2) Has an illness diagnosed by a HEALTH PRACTITIONER due to:
(a) Norovirus, P
(b) Hepatitis A virus, P
(c) Shigella spp., P
(d) SHIGA TOXIN-PRODUCING ESCHERICHIA COLI, P
(e) Typhoid fever (caused by Salmonella Typhi); P or
(f) Salmonella (nontyphoidal); P

Note: A complete listing of communicable diseases that can be transmitted through FOOD can be obtained from any local health department.

(3) Had Typhoid fever, diagnosed by a HEALTH PRACTITIONER, within the past 3 months without having received antibiotic therapy, as determined by a HEALTH PRACTITIONER; P
(4) Has been exposed to, or is the suspected source of, a CONFIRMED DISEASE OUTBREAK, because the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE consumed or prepared FOOD implicated in the outbreak, or consumed FOOD at an event prepared by an PERSON who is infected or ill with:
(a) Norovirus within the past 48 hours of the last exposure, P
(b) SHIGA TOXIN-PRODUCING ESCHERICHIA COLI or Shigella spp. within the past 3 days of the last exposure, P
(c) Typhoid fever within the past 14 days of the last exposure, or P
(d) Hepatitis A virus within the past 30 days of the last exposure; P or
(5) Has been exposed by attending or working in a setting where there is a CONFIRMED DISEASE OUTBREAK, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a CONFIRMED DISEASE OUTBREAK, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:
(a) Norovirus within the past 48 hours of the last exposure, P
(b) SHIGA TOXIN-PRODUCING ESCHERICHIA COLI, or Shigella spp. within the past 3 days of the last exposure, P
(c) Typhoid fever (caused by Salmonella Typhi) within the past 14 days of the last exposure, P or
(d) Hepatitis A virus within the past 30 days of the last exposure. P
(B) The PERSON IN CHARGE shall notify the REGULATORY AUTHORITY when a FOOD EMPLOYEE is:
(1) Jaundiced, Pf or
(2) Diagnosed with an illness due to a pathogen as specified under Subparagraphs (A)(2)(a)- (f) of this section. Pf
(C) The PERSON IN CHARGE shall ensure that a CONDITIONAL EMPLOYEE:
(1) Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under Subparagraphs (A)(1)- (3) of this section, is prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets the criteria for the specific symptoms or diagnosed illness as specified under § 2201.13; P and
(2) Who will work as a FOOD EMPLOYEE in a FOOD ESTABLISHMENT that serves as a HIGHLY SUSCEPTIBLE POPULATION and reports a history of exposure as specified under Subparagraphs (A)(4)- (5), is prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets the criteria as specified under ¶ 2-201.13(J). P
(D) The PERSON IN CHARGE shall ensure that a FOOD EMPLOYEE who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under Subparagraphs (A)(1)- (5) of this section is:
(1) EXCLUDED as specified under ¶¶ 2-201.12 (A)- (C), and Subparagraphs (D)(1), (E)(1), (F)(1), (G) or (H)(1) and in compliance with the provisions specified under ¶¶ 2-201.13(A)- (H); P or
(2) RESTRICTED as specified under Subparagraphs 2-201.12 (D)(2), (E)(2), (F)(2), (H)(2), or ¶¶ 2-201.12(I) or (J) and in compliance with the provisions specified under ¶¶ 2-201.13(D)- (J). P
(E) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to the PERSON IN CHARGE the information as specified under ¶ (A) of this section. Pf
(F) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to the PERSON IN CHARGE the information as specified under ¶ (A) of this section. Pf
(1) Comply with an EXCLUSION as specified under ¶¶ 2-201.12(A)- (C) and Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), (G), or (H)(1) and with the provisions specified under ¶¶ 2-201.13(A)- (H); P or
(2) Comply with a RESTRICTION as specified under Subparagraphs 2201.12(D)(2), (E)(2), (F)(2), (G), (H)(2), or ¶¶ 2-201.12 (H), (I), or (J) and comply with the provisions specified under ¶¶ 2-201.13(D)- (J). P

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 2-201.11

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