Wis. Admin. Code ATCP § 2-201.13

Current through May 28, 2024
Section 2-201.13 - Removal, Adjustment, or Retention of Exclusions and Restrictions

The PERSON IN CHARGE shall adhere to the following conditions when removing, adjusting, or retaining the EXCLUSION or RESTRICTION of a FOOD EMPLOYEE:

(A) Except when a FOOD EMPLOYEE is diagnosed with Typhoid fever or an infection from hepatitis A virus or Salmonella Typhi:
(1) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under Subparagraph 2-201.12 (A) (1) if the FOOD EMPLOYEE:
(a) Is ASYMPTOMATIC for at least 24 hours; P or
(b) Provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER that states the symptom is from a noninfectious condition. P
(2) If a FOOD EMPLOYEE was diagnosed with an infection from Norovirus and EXCLUDED as specified under Subparagraph 2-201.12 (A) (2):
(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (D) (1) or (2) of this section are met; P or
(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (D) (1) or (2) of this section are met. P
(3) If a FOOD EMPLOYEE was diagnosed with an infection from Shigella spp. and EXCLUDED as specified under Subparagraph 2-201.12 (A) (2):
(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (E) (1) or (2) of this section are met; P or
(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (E) (1) or (2), or (E) (1) and (3) (a) of this section are met. P
(4) If a FOOD EMPLOYEE was diagnosed with an infection from SHIGA TOXIN-PRODUCING ESCHERICHIA COLI and EXCLUDED as specified under Subparagraph 2-201.12 (A) (2):
(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (F) (1) or (2) of this section are met; P or
(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 24 hours and works in a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, until the conditions for reinstatement as specified under Subparagraphs (F) (1) or (2) are met. P
(5) If a FOOD EMPLOYEE was diagnosed with an infection from Salmonella (nontyphoidal) and EXCLUDED as specified under Subparagraph 2-201.12(A)(2):
(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at least 30 days until conditions for reinstatement as specified under Subparagraphs (G)(1) or (2) of this section are met; P or
(b) Retain the EXCLUSION for the FOOD EMPLOYEE who is SYMPTOMATIC, until conditions for reinstatement as specified under Paragraphs (G)(1) or (G)(2) of this section are met. P
(B) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under ¶ 2-201.12 (B) if the PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY and one of the following conditions is met:
(1) The FOOD EMPLOYEE has been jaundiced for more than 7 calendar days; P
(2) The anicteric FOOD EMPLOYEE has been symptomatic with symptoms other than jaundice for more than 14 calendar days; P or
(3) The FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of a hepatitis A virus infection. P
(C) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under ¶ 2-201.12 (C) if:
(1) The PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY; P and
(2) The FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER that states the FOOD EMPLOYEE is free from Typhoid fever. P
(D) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under Sub-paragraphs 2-201.12 (A) (2) or (D) (1) who was RESTRICTED under Subparagraph 2-201.12 (D) (2) if the PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY and one of the following conditions is met:
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of a Norovirus infection; P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the FOOD EMPLOYEE became ASYMPTOMATIC; P or
(3) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not develop symptoms and more than 48 hours have passed since the FOOD EMPLOYEE was diagnosed. P
(E) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under Sub-paragraphs 2-201.12 (A) (2) or (E) (1) or who was RESTRICTED under Subparagraph 2-201.12 (E) (2) if the PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY and one of the following conditions is met:
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of a Shigella spp. infection based on test results showing 2 consecutive negative stool specimen cultures that are taken:
(a) Not earlier than 48 hours after discontinuance of antibiotics, P and
(b) At least 24 hours apart; P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after symptoms of vomiting or diarrhea resolved, and more than 7 calendar days have passed since the FOOD EMPLOYEE became ASYMPTOMATIC; P or
(3) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not develop symptoms and more than 7 calendar days have passed since the FOOD EMPLOYEE was diagnosed. P
(F) Reinstate a FOOD EMPLOYEE who was EXCLUDED or RESTRICTED as specified under Subparagraphs 2-201.12 (A) (2) or (F) (1) or who was RESTRICTED under Subparagraph 2-201.12 (F) (2) if the PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY and one of the following conditions is met:
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of an infection from SHIGA TOXIN-PRODUCING ESCHERICHIA COLI based on test results that show 2 consecutive negative stool specimen cultures that are taken:
(a) Not earlier than 48 hours after discontinuance of antibiotics; P and
(b) At least 24 hours apart; P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after symptoms of vomiting or diarrhea resolved and more than 7 calendar days have passed since the FOOD EMPLOYEE became ASYMPTOMATIC; P or
(3) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not develop symptoms and more than 7 days have passed since the FOOD EMPLOYEE was diagnosed. P
(G) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under Sub-paragraph 2-201.12(A) (2) or who was RESTRICTED as specified under ¶ 2201.12(G) if the PERSON IN CHARGE obtains APPROVAL from the REGULATORY AUTHORITY P and one of the following conditions is met:
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of a Salmonella (nonty-phoidal) infection based on test results showing 2 consecutive negative stool specimen cultures that are taken;
(a) Not earlier than 48 hours after discontinuance of antibiotics, P and
(b) At least 24 hours apart; P
(2) The FOOD EMPLOYEE was RESTRICTED after symptoms of vomiting or diarrhea resolved, and more than 30 days have passed since the FOOD EMPLOYEE became ASYMPTOMATIC; P or
(3) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not develop symptoms and more than 30 days have passed since the FOOD EMPLOYEE was diagnosed. P
(H) Reinstate a FOOD EMPLOYEE who was EXCLUDED or RESTRICTED as specified under Subparagraphs 2-201.12 (H) (1) or (2) if the FOOD EMPLOYEE provides to the PERSON IN CHARGE written medical documentation from a HEALTH PRACTITIONER stating that the FOOD EMPLOYEE meets one of the following conditions:
(1) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours; P
(2) as at least one negative throat specimen culture for Streptococcus pyogenes infection; P or
(3) Is otherwise determined by a HEALTH PRACTITIONER to be free of a Streptococcus pyogenes infection. P
(I) Reinstate a FOOD EMPLOYEE who was RESTRICTED as specified under ¶ 2-201.12(I) if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:
(1) An impermeable cover such as a finger cot or stall and a SINGLE-USE glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist; P
(2) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; P or
(3) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body. P
(J) Reinstate a FOOD EMPLOYEE who was RESTRICTED as specified under ¶ 2201.12(J) and was exposed to one of the following pathogens as specified under Subparagraph 2-201.11(A)(4)(a-d) or 2-201.11(A)(5)(a-d):
(1) Norovirus and one of the following conditions is met:
(a) More than 48 hours have passed since the last day the FOOD EMPLOYEE was potentially exposed; P or
(b) More than 48 hours have passed since the FOOD EMPLOYEE'S household contact became ASYMPTOMATIC. P
(2) Shigella spp. or SHIGA TOXIN PRODUCING ESCHERICHIA COLI and one of the following conditions is met:
(a) More than 3 calendar days have passed since the last day the FOOD EMPLOYEE was potentially exposed; P or
(b) More than 3 calendar days have passed since the FOOD EMPLOYEE'S household contact became ASYMPTOMATIC. P
(3) Typhoid fever (caused by Salmonella. Typhi) and one of the following conditions is met:
(a) More than 14 calendar days have passed since the last day the FOOD EMPLOYEE was potentially exposed; P or
(b) More than 14 calendar days have passed since the FOOD EMPLOYEE'S household contact became ASYMPTOMATIC. P
(4) Hepatitis A virus and one of the following conditions is met:
(a) The FOOD EMPLOYEE is immune to hepatitis A virus infection because of a prior illness from hepatitis A; P
(b) The FOOD EMPLOYEE is immune to hepatitis A virus infection because of vaccination against hepatitis A; P
(c) The FOOD EMPLOYEE is immune to hepatitis A virus infection because of IgG administration; P
(d) More than 30 calendar days have passed since the last day the FOOD EMPLOYEE was potentially exposed; P
(e) More than 30 calendar days have passed since the FOOD EMPLOYEE'S household contact became jaundiced; P or
(f) The FOOD EMPLOYEE does not use an alternative procedure that allows bare hand contact with READY-TO-EAT FOOD until at least 30 days after the potential exposure, as specified in Subparagraphs (J) (4) (d) and (e) of this section, and the FOOD EMPLOYEE receives additional training about:
(i) Hepatitis A symptoms and preventing the transmission of infection, P
(ii) Proper handwashing procedures, P and
(iii) Protecting READY-TO-EAT FOOD from contamination introduced by bare hand contact. P

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 2-201.13

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

The Health Officer may also require negative stool cultures or laboratory testing if deemed necessary.