Section ATCP 75.20 - Inspections(1) REFUSED INSPECTION; PROCESS. If a person denies access to the department or its agent, the department or its agent shall inform the person of all the following: (a) The license holder is required to allow access to the department or its agent as specified under s. ATCP 75.10(1).(b) Access is a condition of the acceptance and retention of a retail food establishment license to operate as specified under s. ATCP 75.06(3) (c).(c) If the license holder denies access to a retail food establishment to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law under s. 66.0119, Stats.(2) REPORTING OF REFUSED ACCESS. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.(3) FREQUENCY OF INSPECTION. (a) The department or its agent shall inspect a retail food establishment at least once during the licensing period.(b) The department may approve, upon request, an increase in the interval between inspections beyond 12 months if any of the following conditions exist: 1. The retail food establishment is fully complying with a department-approved HACCP plan as specified in ch. ATCP 75 Appendix part 1-106.14.2. The agent submits a plan to the department, requesting an inspection frequency based on the risk of food establishment operations using criteria under s. ATCP 75.08(1) (a) and (b). The total number of inspections performed shall equal the number of licenses issued. Note: The intent of this provision is to allow greater inspection frequency for high-risk retail food establishments by decreasing inspection frequency for low-risk retail food establishments.
(4) INSPECTION DOCUMENTATION. The department or its agent shall document all of the following on an inspection report form: (a) Administrative information about the retail food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the retail food establishment.(b) The conditions or other violations from this chapter and ch. ATCP 75 Appendix, that require corrective action by the license holder. An accompanying narrative shall contain all of the following: 1. A factual description of the violation observed, including location of the observed violation.2. Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation.3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria: a. The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item.b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item or HACCP Plan deviation as defined in ch. ATCP 75 Appendix.c. The license holder shall correct core items, as defined in ch. ATCP 75 Appendix, by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days, if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.(5) ISSUING a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department shall sign the completed inspection report. The department or its agent shall then perform an exit interview and obtain a signature on the inspection report from the license holder's designated person in charge, as that term is used in ch. ATCP 75 Appendix part 2-101.11(A). A copy of the inspection report shall be left with the person in charge at the completion of the inspection or emailed or otherwise presented within 2 business days after completion of the inspection.(6) REFUSAL TO SIGN INSPECTION REPORT. If the license holder's designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following: (a) Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.(b) Inform the person that refusal to sign the inspection report will not affect the license holder's obligation to correct the violations noted in the inspection report by the deadlines specified.(c) Document the refusal to sign in the inspection report.(7) POSTING OF INSPECTION REPORTS. The department and its agents shall make inspection reports available to the public on the internet.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 75.20
Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in (2), (4) (b) 2. made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020