Wis. Admin. Code ATCP § ATCP 75.08
Current through September 30, 2024
Note: The cause of a foodborne illness outbreak is determined using standard epidemiological practices.
| Determining Factors for Assigning License Categories | Point Value |
| A retail food establishment that only sells pre-packaged food or meal items, regardless if the food items are time/temperature controlled for safety food. | 0 |
| The retail food establishment does not serve meals and has annual gross food sale receipts less than $25,000. | 0.25 |
| The retail food establishment does not serve meals and has annual gross food sale receipts more than $25,000 but not more than $1,000,000. | 0.5 |
| The retail food establishment does not serve meals and has annual gross food sale receipts more than $1,000,000 but not more than $5,000,000. | 1 |
| The retail food establishment does not serve meals and has annual gross food sale receipts more than $5,000,000. | 2 |
| The retail food establishment contains a self-service salad or food bar.* | 1 |
| The retail food establishment handles raw poultry, meat, eggs, or seafood. | 1 |
| The retail food establishment has a variance under 3-502.11 (special processing methods**) or a required HACCP plan under 3-502.12 (reduced oxygen packaging) of ch. ATCP 75 Appendix, Wisconsin Food Code. | 1 |
| The retail food establishment has an approval under 3-301.11 (bare hand contact plan) or 3-501.19 (time as a public health control plan) of ch. ATCP 75 Appendix, Wisconsin Food Code. | 1 |
| The retail food establishment has a catering operation or processes, packages, or holds customer preordered meals or food items. | 1 |
| The retail food establishment does cold holding, hot holding, or reheating of time/temperature control for safety foods. | 1 |
| The retail food establishment does cooling of cooked or reheated time/temperature control for safety foods. | 1 |
| The retail food establishment prepares TCS food at their location and then transports it to be sold, under the wholesale exemption for retail food establishments. | 1 |
| The retail food establishment serves or sells food that requires food processing activities including chop-ping, dicing, mixing, slicing, blanching, boiling, cooking, packaging, and assembly in order for that product to be served or sold. | 1 |
| The retail food establishment has one or more additional areas where food preparation activities occur. | 1 |
| The retail food establishment specifically prepares or serves food to a population identified as highly sus-ceptible, such as a nursing home or day care. | 1 |
| The retail food establishment has a customer seating capacity greater than 75, or operates a motor vehicle drive-through service window for food purchase and service. | 1 |
* If only "condiments" or other non-meal, ready-to-eat, non-TCS foods are offered or displayed for customer self-service, that display does not qualify as a salad or food bar, such as, but not limited to, pickles, onions, non-TCS dessert topping, relishes, garnishes, and bakery items.
** Smoking, curing, using food additives or components for preservation rather than flavor, reduced oxygen packaging, operating a molluscan shellfish life-support system, custom processing, sprouting seeds or beans, or any other method as determined by the department to require a variance.
Note: To request reconsideration of license category assignment, contact the Bureau of Food and Recreational Businesses at 608-224-4700 or send your written request to the Bureau of Food and Recreational businesses at P.O. Box 8911 Madison, WI 53708-8911. For an agent reconsideration, please contact the agent health department.
| Table B | ||||||
| Type of Retail Food Establishment | License Fee | PreLicensing Inspection Fee | Reinspection Fee | Additional Reinspection Fees | Late Fee | Operating Without a License Fee |
| Retail Food Establishment - not serving meals (includes mobile retail food establishment - not serving meals) | ||||||
| Prepackaged TCS food | $45.00 | $90.00 | $90.00 | $9.00 | $90.00 | |
| Simple (final food product is Non-TCS) | $60.00 | $90.00 | $90.00 | $12.00 | $100.00 | |
| Simple (TCS) | $190.00 | $190.00 | $190.00 | $38.00 | $100.00 | |
| Moderate | $265.00 | $190.00 | $190.00 | $53.00 | $100.00 | |
| Complex | $685.00 | $450.00 | $450.00 | $137.00 | $100.00 | |
| Retail Food Establishment - serving meals (includes Retail food serving prepackaged mestablishmenteals and mobile retail food establishments -serving meals) | ||||||
| Prepackaged TCS | $105.00 | $130.00 | $98.00 | $130.00 | $21.00 | $749.00 |
| Simple | $230.00 | $320.00 | $240.00 | $320.00 | $46.00 | $749.00 |
| Moderate | $330.00 | $470.00 | $353.00 | $470.00 | $66.00 | $749.00 |
| Complex | $540.00 | $770.00 | $578.00 | $770.00 | $108.00 | $749.00 |
| Transient Retail Food Establishment | ||||||
| Non-TCS food | $75.00 | |||||
| TCS Food | $170.00 | |||||
| Prepackaged TCS food only | $45.00 | |||||
| Mobile Retail Food Establishment Base | ||||||
| No food preparation or processing activities | $45.00 | $45.00 | $45.00 | $9.00 | $90.00 | |
| All other base license fees are calculated on the risk category assignment in Table A in this section for the activity conducted at the base. | ||||||
| Vending | ||||||
| Vending machine operator | $125.00 | $25.00 | $749.00 | |||
| Vending machine license | $9.00 per machine | $27.00 per machine | ||||
| Micro Markets | ||||||
| Single location | $40.00 | $8.00 | $80.00 | |||
| Multiple locations (on the same premises). | $60.00 | $12.00 | $100.00 | |||
Note: A person applying for an annual retail food establishment license may be required to pay, in addition to the license fee listed in Table B, a weights and measures inspection fee under s. ATCP 92.12.
Note: Anyone operating a retail food establishment without a license is also subject to a fine of not less than $100 nor more than $1,000 under s. 97.72, Stats.
Note: Certified food manager requirements may be found in Chapter 12 of ch. ATCP 75 Appendix.
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 75.08