The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a joint hearing with the Wisconsin Department of Health and Family Services (DHFS). At the hearing, DATCP will propose to make minor changes to the rule regulating food safety in retail food establishments, such as grocery stores, and to update the Wisconsin Food Code. DHFS will propose separate but nearly identical rules for restaurants.
The public hearing will by held by videoconference on October 7, 2004, at the places shown below. DATCP invites the public to attend the hearing at these locations and comment on the proposed rule. Following the public hearing date, the hearing record will remain open until October 22, 2004, for additional written comments, which may be sent to the Division of Food Safety at the address (below) or by e-mail to
hearingcomments@datcp.state.wi.us.
Division of Food Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4700
Copies will also be available at the public hearing.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator, Keeley Moll (e-mail:
keeley.moll@datcp.state.wi.us), at the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; telephone (608) 224-5039.
Hearing-impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by Thursday, September 24, 2004, by contacting Debbie Mazanec (e-mail:
Debbie.mazanec@datcp.state.wi.us), P.O. Box 8911, Madison WI 53708-8911; telephone (608) 224-4712; or telephone message relay system (TTY) at (608) 266-4399 to forward your call to the department at (608) 224-5058. Handicap access is available at all locations for the hearing.
Hearing will be held on Thursday, October 7, 2004, from 9:30 a.m. through 12:30 p.m., via interactive videoconferencing at the following locations:
Madison - Main Broadcast Center
UW Pyle Center
Room 227
702 Langdon St.
Madison, WI 53706
Waukesha
Waukesha State Office Building
Department of Transportation Offices
Room 153
141 NW Barstow St.
Waukesha, WI 53188
Appleton
Fox Valley Technical College
Room G1131
1825 Bluemound Dr.
Appleton, WI 54913-2277
Wisconsin Rapids
Dept. of Transportation
Room 120
1681 2nd Ave. S
P.O. Box 8021
Wisconsin Rapids, WI 54495-8021
Eau Claire
Eau Claire State Office Building
Room 139
718 W. Clairemont Ave.
Eau Claire, WI 54702
Spooner
WI DNR Northern Region Office
Conference Room
810 West Maple St.
Spooner, WI 54801
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently licenses and inspects retail food establishments, such as grocery stores. DATCP has adopted food safety rules for retail food establishments. The current rules are based on the federal Model Food Code. This rule updates the Wisconsin Food Code, based on changes contained in the most current (2001) edition of the federal Model Food Code. This rule also makes other minor changes to clarify current rules.
The Wisconsin Department of Health and Family Services (“DHFS") is proposing nearly identical rules for restaurants. This is a joint effort by DATCP and DHFS to maintain consistent and up-to-date standards for all retail food operations. Some grocery stores include restaurants, and vice-versa. DATCP and DHFS coordinate their licensing and inspection activities so that there is no regulatory overlap.
Rulemaking Authority
Statute Interpreted: s.
97.30, Stats.
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules needed to implement laws under its jurisdiction. DATCP licenses retail food establishments under s.
97.30, Stats. DATCP may adopt rules for retail food establishments, pursuant to s.
97.30 (5), Stats. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling, display and storage; and food sources and food labeling.
The format of the Wisconsin Food Code is different from that of most state administrative rules. DATCP and DHFS are authorized, under s.
227.14 (1s), Stats., to use the drafting format of the federal model food code. This rule follows that authorized format.
Background
The United States Food and Drug Administration (“FDA") publishes a federal model food code. The model food code provides practical, science-based food safety standards for grocery stores, restaurants and other retail food establishments. Many states base their retail food regulations on the federal model food code.
Current DATCP and DHFS rules are based on the 1999 version of the model food code. DATCP has adopted the model food code as an Appendix to ch.
ATCP 75, Wis. Adm. Code (the Wisconsin Food Code). DHFS has adopted the model food code as an Appendix to ch.
HFS 196, Wis. Adm. Code.
FDA updated the model food code in 2001. This rule updates the Wisconsin food code based on the 2001 updates to the federal model food code. This rule also makes other minor changes and clarifications to current rules.
Rule Content
This rule makes a large number of updates and technical changes to current DATCP rules. The following are some of the more significant changes:
Food Temperatures
Under current rules, “potentially hazardous foods" must be kept sufficiently hot (or sufficiently cold) to prevent the rapid and progressive growth of infectious or toxigenic microorganisms. This rule changes the required minimum temperature of hot “potentially hazardous" foods from 140o F. to 135o F. This rule also allows cold “potentially hazardous" foods (which are normally refrigerated at 41o F. or lower) to remain unrefrigerated for up to 6 hours if certain procedures are followed.
Definitions
A restaurant is a place that prepares or serves “meals." This rule modifies the definition of “meal" so that it no longer includes individual pastry items served with a beverage. For example, a grocery store will no longer be subject to potential regulation as a “restaurant" merely because it serves doughnuts and coffee. This rule also makes a number of other technical changes to current definitions.
Food Employees
This rule clarifies current standards related to food employee health and sanitation. Among other things, this rule does the following:
-- Allows employees to contact ready-to-eat food with bare hands under certain limited conditions (special requirements apply).
-- Clarifies current provisions limiting food contact by employees affected with certain illnesses or symptoms.
-- Clarifies current requirements related to food employee hand-washing, and requires employees to wash hands before putting on gloves to work with food.
Food Safety and Labeling
This rule clarifies current standards related to the safety and labeling of food offered for sale in a retail food establishment. Among other things, this rule does the following:
-- Clarifies current requirements related to food sources.
-- Clarifies provisions related to the handling and sale of raw eggs and shellfish.
-- Requires hazard control (HACCP) procedures or warning labels for unpasteurized juice.
-- Clarifies date-marking requirements for ready-to-eat “potentially hazardous" foods.
-- Requires warning disclosures related to the sale of certain uncooked ready-to-eat foods, including uncooked meat, fish, eggs and shellfish.
Food Equipment and Utensils
This rule makes minor clarifications related to current standards for food equipment and utensils.
Water, Plumbing and Waste
This rule makes minor technical changes suggested by the Department of Commerce, Wisconsin's plumbing code agency. It also makes minor technical changes related to handwash sinks and temporary food establishments.
Buildings and Facilities
This rule does the following:
-- Prohibits facility configurations that cause the general public to enter or exit a retail food establishment through a food processing area.
