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Register June 2013 No. 690
Chapter DHS 196
RESTAURANTS
DHS 196.01   Authority and purpose.
DHS 196.02   Applicability.
DHS 196.03   Definitions.
DHS 196.04   Permits.
DHS 196.05   Department fees.
DHS 196.06   Enforcement.
DHS 196.07   Suspension or revocation of permit.
DHS 196.08   Appeals of actions by the department.
DHS 196.09   Appeals of actions by agent health departments.
DHS 196.10   Special organizations serving meals.
DHS 196.11   Inspections.
DHS 196.12   Adoption of Wisconsin food code.
Ch. DHS 196 Note Note: Chapter H 96 was renumbered chapter HSS 196 effective August 1, 1982. Chapter HSS 196 as it existed on June 30, 1985 was repealed and a new chapter HSS 196 was created effective July 1, 1985. Chapter HSS 196 was renumbered chapter HFS 196 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 492. Chapter HFS 196 as it existed on January 31, 2001 was repealed and a new chapter HFS 196 was created effective February 1, 2001. Chapter HFS 196 was renumbered chapter DHS 196 effective February 1, 2009.
DHS 196.01 DHS 196.01 Authority and purpose. Sections 254.71 (6) and 254.74 (1), Stats., authorize the department to prescribe rules for restaurants and to enforce those rules for the purpose of protecting public health and safety. This chapter, including ch. DHS 196 Appendix, establishes definitions; sets standards for management and personnel and for safe food operations and equipment and facilities; provides for restaurant plan review, permit issuance, inspection and enforcement actions; and requires food protection practices certification for restaurant operators and managers. For purposes of ch. DHS 196 Appendix, a restaurant is a type of food service establishment.
DHS 196.01 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-073: renum. from HFS 196.01 Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.
DHS 196.02 DHS 196.02 Applicability. The provisions of this chapter, including ch. DHS 196 Appendix, apply to any restaurant, mobile restaurant, temporary restaurant or special organization serving meals, except that Chapter 9 of ch. DHS 196 Appendix applies only to mobile restaurants, Chapter 10 of ch. DHS 196 Appendix applies only to temporary restaurants. Chapter 12 of ch. DHS 196 Appendix, relating to food protection practices certification of operators and managers, does not apply to temporary restaurants or to special organizations serving meals.
DHS 196.02 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 04-093: am. Register June 2005 No. 594, eff. 7-1-05; CR 08-073: renum. from HFS 196.02 Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.
DHS 196.03 DHS 196.03 Definitions. In addition to the following definitions, the definitions in part 1-2 of ch. DHS 196 Appendix apply to this chapter:
DHS 196.03(1) (1) "Agent" means the city, county or village designated by the department to issue permits to and make investigations or inspections of restaurants, including temporary restaurants and mobile restaurants.
DHS 196.03(1g) (1g) "Catering" is the activity of providing food for a specific event at a location other than the licensed restaurant on a contractual, prearranged basis to a predefined subset of the general public, such as invited guests to a wedding or similar celebration, or to participants in an organized group or activity. Catering does not include the sale of individual meals directly to the consumer.
DHS 196.03(1r) (1r) "Contract cook" is a person who specializes in a home food service and prepares food in the home of an individual only for members of that household and houseguests for private parties.
DHS 196.03(2) (2) "Department" means the Wisconsin department of health services.
DHS 196.03(2g) (2g) "Extensive remodeling" means the construction or repair of an existing restaurant that significantly alters the design or operation of the food service area. Extensive remodeling does not include redecorating, cosmetic refurbishing, or altering seating design or capacity.
DHS 196.03(2r)(a)(a) "General public" means; any person who is served or sold a meal, except as provided under par. (c).
DHS 196.03(2r)(b) (b) "General public" includes, but is not limited to employees, members, guests, customers, or occupants of private clubs, industrial plants, offices, or businesses.
DHS 196.03(2r)(c) (c) "General public" does not include any of the following:
DHS 196.03(2r)(c)1. 1. Members of a household or personal guests in a private home, who are served a meal prepared by a member of the household.
DHS 196.03(2r)(c)2. 2. Persons who are served a free meal by a religious or other non-profit charitable organization, at a "soup kitchen," food pantry, or similar location where meals are served to the needy.
DHS 196.03(2r)(c)3. 3. Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when the meal is prepared by members of the religious organization.
DHS 196.03(2r)(c)4. 4. Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.
DHS 196.03(2r)(c)5. 5. Employees attending an occasional meal prepared by management or their co-workers for the purpose of expressing appreciation or building workplace morale.
DHS 196.03(2r)(c)6. 6. Guests attending a meal served in connection with a birthday, anniversary, or similar celebration if the food is prepared by persons participating in the celebration.
DHS 196.03(2r)(c)7. 7. Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s. 150.84 (2), Stats.
DHS 196.03(2r)(c)8. 8. Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch. 48, Stats.
DHS 196.03(2r)(c)9. 9. Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s. 302.01, Stats., a county jail, defined in s. 302.30, Stats., a juvenile correctional facility, defined in s. 938.02 (10p), Stats., or a juvenile detention facility, defined in s. 938.02 (10r), Stats.
DHS 196.03(3) (3) "Immediate family member" means any of the following:
DHS 196.03(3)(a) (a) A spouse.
DHS 196.03(3)(b) (b) A grandparent, parent, sibling, child, grandchild or stepchild.
DHS 196.03(3)(c) (c) The spouse of a person under par. (b).
DHS 196.03(3m)(a)(a) "Meal" means any ready-to-eat food served or sold to the general public in individual or prepackaged single portions or servings for immediate on-premises consumption, or transported off-premises in individual prepackaged carryout servings for immediate consumption, or specifically preordered individual or multiple serving portions which are transported to an off-premises location for immediate consumption.
DHS 196.03(3m)(b) (b) "Meal" includes but is not limited to sandwiches, individual portions of cured and pickled food sold from bulk containers, hard boiled eggs, hot ready-to-eat soup, or raw or cooked processed foods sold or served in individual portions.
DHS 196.03(3m)(c) (c) "Meal" does not include soft drinks, ice cream, milk, milk drinks, coffee, tea, ices, confections, pastry items, or food items sold by the weight, count, or piece in individual packages which require further preparation for consumption at another location.
DHS 196.03(4) (4) "Mobile restaurant" has the meaning of "mobile food establishment" in ch. DHS 196 Appendix.
DHS 196.03(4f) (4f) "Occasional" or "occasionally" means not more than 3 days during any 12-month period.
DHS 196.03(4i) (4i) "Premises" means each individual building, space, or stand where food is prepared, served, or sold.
DHS 196.03(4m) (4m) "Pre-packaged restaurant" means a restaurant that serves only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving.
DHS 196.03(5) (5) "Restaurant" means any building, room or place where meals are prepared, served or sold to transients or the general public, and all places used in connection with the building, room or place and includes any public or private school lunchroom for which food service is provided by contract. "Restaurant" does not include any of the following:
DHS 196.03(5)(a) (a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
DHS 196.03(5)(b) (b) Churches; religious, fraternal, youths' or patriotic organizations, service clubs and civic organizations that occasionally prepare, serve or sell meals to transients or the general public.
DHS 196.03(5)(c) (c) Any public or private school lunchroom for which food service is directly provided by the school.
DHS 196.03(5)(d) (d) Bed and breakfast establishments.
DHS 196.03(5)(e) (e) A private individual selling food from a movable or temporary stand at a public farm sale.
DHS 196.03(5)(f) (f) The serving of food or beverage through a licensed vending machine.
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