Section ATCP 75.10 - Enforcement(1) INSPECTIONS AND ACCESS TO THE PREMISES. (a)Inspections. Under s. 97.12(1) Stats., for the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any premises for which a license is required under this chapter or any farm, factory, warehouse, building, room, establishment or place at or in which foods are manufactured, processed, packed, packaged, stored or held for sale, and may enter any vehicle, including a vehicle used to transport or hold foods in commerce. The department and its agents may also secure samples or specimens, including samples or specimens of food and any product or substance that may affect food, examine and copy relevant documents and records, and obtain photographic and other evidence needed to enforce this chapter or a rule promulgated under this chapter. The department shall examine any samples secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this chapter. The department shall pay or offer to pay the market value of samples taken.(b)Reinspections. The department or its agent may reinspect a retail food establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the retail food establishment. The time between an inspection, investigation, and a reinspection shall be sufficient to allow the license holder time to correct the deficiencies. The department shall charge a reinspection fee, according to s. ATCP 75.08 Table B or the applicable charges as determined by an agent. If an additional reinspection is required because the license holder has not corrected a violation, the department shall assess the license holder an additional reinspection fee according to s. ATCP 75.08 Table B, or the applicable charges as determined by an agent. The department may order the license holder to show just cause why the license should not be suspended or revoked under s. ATCP 75.12.(2) GENERAL ORDERS TO CORRECT VIOLATIONS. (a) If upon inspection of a retail food establishment, the department or agent finds that the retail food establishment is not designed, constructed, equipped or operated as required under ch. 97 Stat., ch. ATCP 75 or ch. ATCP 75 Appendix, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the deadline by which the license holder shall make the correction. The department or agent, at its discretion, may extend the deadline specified in the order.(b) f the license holder does not make the corrections to the violations by the deadline stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under s. ATCP 75.12 to suspend or revoke the license to operate the retail food establishment.(c) Under s. 97.12(5), Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to the person. A person may appeal a forfeiture under s. ATCP 75.14.(3) HOLD ORDERS. As specified under s. 97.12(2), Stats.: (a) Whenever any duly authorized inspector of the department has reasonable cause to believe that any food examined by him or her is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the inspector shall issue and deliver to the owner or custodian of the food a holding order prohibiting the sale or movement of the food for any purpose until the analysis or examination of the sample obtained has been completed. A holding order may be effective for a period of no longer than 14 days from the time of its delivery and it may be reissued for one additional 14-day period if necessary to complete the analysis or examination of the food.(b) No food described in a holding order issued and delivered under par. (a) may be sold or moved for any purpose without the approval of the department until such analysis or examination has been completed within the time specified in par. (a). Upon completion of the analysis or examination either of the following may apply: 1. If the department upon completed analysis or examination determines that the food described in such holding order is not adulterated or misbranded, then the owner or custodian thereof shall be promptly notified in writing, and such holding order shall terminate upon notification.2. Where the analysis or examination shows that the food is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the owner or custodian of the food shall be notified in writing within the effective time of the holding order. Such notice has the effect of a special order issued under s. 93.18, Stats. Upon receipt of a notice, the food subject to the holding order may not be sold, moved, disposed of or brought into compliance with applicable standards without the approval of the department. If such food is not brought into compliance, sold, moved, or disposed of within 30 days, or other agreed upon period of time, from the date the owner or custodian received notice that the food was adulterated or misbranded, the department may issue an order directing the disposition of the food. Such an order has the effect of a special order issued under s. 93.18, Stats.(c) Any person violating an order issued under this subsection may be fined not more than the maximum amount or imprisoned not more than one year in the county jail or both. The maximum fine under this paragraph equals $10,000 plus the retail value of the product moved, sold, or disposed of in violation of the order issued under this subsection.(4) SPECIAL ORDERS AND ORDERS TO ABATE A DANGER TO PUBLIC HEALTH. As specified under s. 97.12(3), Stats.: (a) The department may issue a special order as provided under s. 93.18 Stats., to any person engaged in the production, processing, sale, or distribution of food if the department finds a violation of this chapter or the rules promulgated under this chapter. An order shall state the violations found and shall specify a deadline for correction.(b) If the department finds that a piece of equipment, a facility, or a practice used is a danger to public health, it may order that the situation be abated or eliminated immediately and that the equipment, facility or practice not be used until the violation is corrected and the correction is confirmed by the department. The department may, instead of issuing an order, accept written agreements of voluntary compliance, which have the effect of an order.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 75.10
CR 07-093: cr. Register December 2008 No. 636, eff. 1-1-09.Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (1) (b), (2) (a), (3) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020