Wis. Admin. Code ATCP § 3-501.19

Current through May 28, 2024
Section 3-501.19 - Time as a Public Health Control
(A) Except as specified under ¶ (E) of this section, if time without temperature control is used as the public health control for a working supply of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD before cooking, or for READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is displayed or held for sale or service:
(1) Written procedures shall be prepared in advance, maintained in the FOOD ESTABLISHMENT and made available to the REGULATORY AUTHORITY upon request that specify: Pf
(a) Methods of compliance with Subparagraphs (B)(1)- (4), (C)(1)- (5), or (D)(1)- (6) of this section; Pf and
(b) Methods of compliance with § 3-501.14 for FOOD that is prepared, cooked, and refrigerated before time is used as a public health control. Pf
(B) If time without temperature control is used as the public health control up to a maximum of 4 hours:
(1) The FOOD shall have an initial temperature of 5°C (41 °F) or less when removed from cold holding temperature control, or 57°C (135°F) or greater when removed from hot holding temperature control;P
(2) The FOOD shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the FOOD is removed from temperature control; Pf
(3) The FOOD shall be cooked and served, served at any temperature if READY-TO-EAT or discarded, within 4 hours from the point in time when the FOOD is removed from temperature control; P and
(4) The FOOD in unmarked containers or PACKAGES, or marked to exceed a 4-hour limit shall be discarded. P
(C) If time without temperature control is used as the public health control up to a maximum of 6 hours:
(1) The FOOD shall have an initial temperature of 5°C (41 °F) or less when removed from temperature control and the FOOD temperature may not exceed 21 °C (70°F) within a maximum time period of 6 hours;P
(2) The FOOD shall be monitored to ensure the warmest portion of the FOOD does not exceed 21 °C (70°F) during the 6-hour period, unless an ambient air temperature is maintained that ensures the FOOD does not exceed 21° C (70° F) during the 6-hour holding period;Pf
(3) The FOOD shall be marked or otherwise identified to indicate: Pf
(a) The time when the FOOD is removed from 5°C (41 °F) or less cold holding temperature control, Pf and
(b) The time that is 6 hours past the point in time when the FOOD is removed from cold holding temperature control; Pf
(4) The FOOD shall be:
(a) Discarded if the temperature of the FOOD exceeds 21 °C (70°F),P or
(b) Cooked and served, served at any temperature if READY-TO-EAT, or discarded within a maximum of 6 hours from the point in time when the FOOD is removed from 5°C (41 °F) or less cold holding temperature control; P and
(5) The FOOD in unmarked containers or PACKAGES, or marked with a time that exceeds the 6-hour limit shall be discarded. P
(D) If time without temperature control used as the public health control to display cheese curds intended for the production of Cheddar cheese:
(1) The cheese curds shall not be held for more than 24 hours from the time of manufacturing; P
(2) The cheese curds must be manufactured according to LAW;P
(3) The cheese curds must be PACKAGED at a FOOD ESTABLISHMENT or FOOD PROCESSING PLANT; Pf
(4) The cheese curds must be labeled as specified in § 3-602.11 including the date or the date and time of manufacture; Pf and

Note: Cheese curds marked only with the date of manufacture must be discarded by 12:00 pm of that date if held at ambient temperature. Cheese curds marked with the date and time of manufacture may be held up to 24 hour from the date and time of manufacture prior to being discarded if held at ambient temperature.

(5) The establishment shall maintain records indicating the amount of product displayed and the amount of product discarded for each day that cheese curds are displayed at ambient temperature for sale. Pf
(6) Cheese curds in unmarked containers or PACKAGES that exceed the 24-hour limit, shall be discarded. P
(E) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not use time as specified under ¶¶ (A) to (D) of this section as the public health control for raw EGGS and cheese curds intended for the production of Cheddar cheese.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § 3-501.19

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