Section ATCP 75.063 - Retail food establishments; license exemptionsA retail food establishment license is not required under s. 97.30(2) (b), Stats., or this section for any of the following:
(1) A retail food establishment that sells only packaged foods or fresh fruits and vegetables, provided the establishment does not sell "time/temperature control for safety food" and does not engage in food processing.(2) A retail food establishment operated by a person holding a food processing plant license under s. 97.29, Stats., if all the following apply: (a) The person operates the retail food establishment at the same location as the licensed food processing plant.(b) Sales from the retail food establishment are included in the computation of the food processing plant license fee under s. ATCP 70.06.(c) Retail food sales from that location comprise no more than 25% by dollar volume of all food sales from that location.(d) The operator of the food processing plant is not engaged in the activity of a retail food establishment - serving meals.(3) A retail food establishment operated by a person holding a dairy plant license under s. 97.20, Stats., if all the following apply: (a) The person operates the retail food establishment at the same location as the licensed dairy plant.(b) Food sales from that location, other than sales of dairy products produced at that location, comprise no more than 25% by dollar volume of all dairy and nondairy food sales from that location.(c) The operator of the dairy plant is not engaged in the activity of a retail food establishment - serving meals.(4) A vending machine commissary, including one that supports operations of a micro market, or a warehouse supporting operations of vending machines or a micro market.(5) A retail food establishment primarily engaged in selling honey, cider, sorghum, or maple syrup produced by the operator of the retail food establishment, if the operator conducts no other food processing activities at that retail food establishment.(6) A retail food establishment - not serving meals, operated occasionally by a religious, charitable or nonprofit organization as defined under 26 USC 501(c).(7) A retail food establishment - serving meals, operated by a church; religious, fraternal, youth, or patriotic organization; service club; or civic organization, as defined under 26 USC 501(c), that occasionally prepares, serves, or sells meals to transients or the general public.(8) A contract cook who does all of the following: (a) Is paid for his or her service, culinary skills, technique, or expertise.(b) Uses the food provided by the contractor employing the cook's services.(c) Does not prepare or store food in quantities sufficient for use at multiple sites or for meals served to the general public. If a contract cook prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the contract cook shall obtain a retail food establishment license.(d) Does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a retail food establishment license.(9) A personal chef who does all of the following: (a) Is paid for his or her service, culinary skills, technique, or expertise.(b) Either uses food provided by the contractor employing the chef's services or the chef shops for food from a list provided by the contractor.(c) Uses only the home kitchen of the contractor to prepare food for the contractor, contractor's family, or contractor's non-paying guests.(d) Does not prepare or store food in quantities sufficient for use at multiple sites or for meals served to the general public. If a personal chef prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the personal chef shall obtain a retail food establishment license.(e) Does not transport any portion of a meal prepared by the personal chef from one location to another location. If a personal chef transports any portion of a meal prepared by the personal chef from one location to another location, the personal chef shall obtain a retail food establishment license.(10) The location where a caterer is serving food that was prepared at the caterer's licensed retail food establishment.(11) At a business location to which a licensed retail food establishment transports prepared food and conducts sales of individual meals directly to a work place's employees or the guests of the employees for no more than 2 days in any 7 day period at the same location, if all of the following requirements are met: (a) The license holder shall conduct all food preparation activities at the licensed retail food establishment, except for final assembly at the service location.(b) The license holder shall transport all food to the service location.(c) The license holder shall conduct all food service and sales.(d) The license holder shall provide food service utensils in sufficient quantity to adequately facilitate the meal service.(e) The license holder shall clean and sanitize onsite food equipment before and after use.(f) The license holder shall return all food, utensils, and service ware to the licensed retail food establishment for disposal or cleaning and sanitizing.(g) The license holder and business shall have a written agreement requiring adequate access and use of conveniently located restrooms by the license holder staff at the service location. The license holder shall furnish the written agreement to the division or its agent upon request.(h) In the absence of adequate hand washing facilities, the license holder shall provide portable handwash facilities (i.e. foot pump, electrical, or battery operated) at the service location during food service.(i) The license holder shall employ a certified food protection manager, as defined in s. ATCP 75.04(7), who shall be present at the service location during food service.(j) The license holder shall transport and hold food at temperatures, according to either the requirements in ch. ATCP 75 Appendix or an approved time-as-a-public-health-control-plan.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 75.063
Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (8) (c), (d), (9) (d), (e) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020