Section ATCP 75.01 - Authority and purpose(1) The department licenses and regulates retail food establishments as defined in this chapter under s. 97.30, Stats. Under s. 97.41(1m), Stats., the department may also authorize local health departments as local agents of the department to license and regulate retail food establishments.(2) The department has adopted this chapter under authority provided in ss. 93.07(1), 97.12, 97.30(5), 97.33, 97.613, 97.62, 97.625, 97.65 and 227.14(1s), Stats., which authorizes the department to prescribe rules for retail food establishments and to enforce those rules for the purpose of protecting public health and safety. This chapter, including ch. ATCP 75 Appendix, establishes definitions; sets standards for management and personnel and for safe food operations, equipment, and facilities; provides for retail food establishment plan review, license issuance, inspection, and enforcement actions; and requires food protection practices certification for retail food establishment operators.(3) During an inspection to evaluate compliance with this chapter and ch. ATCP 75 Appendix, the department or its agent shall assess existing facilities or equipment that were in use before October 25, 2020, based on all of the following considerations: (a) Compliance with food-contact surface requirements in ch. ATCP 75 Appendix part 4-101.(b) Compliance with requirements for cooling, heating, and holding temperature capability in equipment, under ch. ATCP 75 Appendix part 4-301.11.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 75.01
CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.Amended by, correction in (3) made under s. 13.92(4) (b) 7, Stats., and correction in (8) made under s. 35.17, Stats., Register June 2015 No. 714, eff.7/1/2015.Amended by, correction in (intro.), (8) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726 ; correction in (6) made under s. 13.92(4) (b) 6, Stats., Register June 2016 No. 726, eff. 7/1/2016Amended by, correction in (1) made under s. 13.92(4) (b) 7, Stats., Register October 2018 No. 754, eff. 11/1/2018Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (3) (intro.), (a) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020