Statutes interpreted
Statutory authority
Explanation of agency authority
Section
254.74 (1) Stats, gives the department the broad authority to administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations.
DHS's authority to make rules relating to restaurants is found in s.
254.74 (1) (d), Stats., which provides that DHS may prescribe rules and fix standards, including rules covering the general sanitation and cleanliness of premises regulated under this subchapter, the proper handling and storing of food on such premises, the construction and sanitary condition of the premises and equipment to be used and the location and servicing of equipment.
The format of the Wisconsin Food Code is different than that of most state administrative rules. DHS is authorized under s.
227.14 (1s), Stats., to use the drafting format of the Federal Drug Administration (FDA) Model Food Code. This rule follows that authorized format.
Related rules or statutes
DATCP 75.
Plain language analysis
DHS currently licenses (issues permits to) and inspects restaurants under ch.
DHS 196 and its appendix, the Wisconsin Food Code. The proposed changes updates ch.
DHS 196, and the existing Wisconsin Food Code to the 2009 FDA Model Food Code. DHS last revised the Wisconsin Food Code in 2006 when it adopted the 2005 FDA Model Food Code in a joint effort with the Department Agriculture, Trade and Consumer Protection (DATCP) which administers the Wisconsin Food Code (appendix to ch.
ATCP 75) with respect to licensing and inspection of retail food establishments such as grocery stores. Since that time food safety practices have advanced and the new 2009 FDA Model Food Code reflects the current science regarding food safety practices, procedures, and policies. The FDA Model Food Code is a living breathing document that is updated every 4 years to reflect current thinking and science in the areas of food safety. DHS tries to adhere to that schedule to provide their operators the most updated rules that reflect current trends and science in food safety.
The proposed Wisconsin Food Code incorporates by reference, the U.S. Department of Health and Human Services, Public Health Service, FDA, publication Grade “A" Pasteurized Milk Ordinance, (2011 Revision) and the Interstate Shellfish Sanitation Conference and U.S. Department of Health and Human Services, FDA publication, National Shellfish Sanitation Program, Guide
for the Control of Molluscan Shellfish, (2009 Revision). DHS is currently seeking the consent of the Attorney General to incorporate these standards in the final proposed rules.
The following is a summary of the changes made to ch.
DHS 196 and its appendix, the Wisconsin Food Code:
DHS 196
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Clarifies language requiring plan review for new and extensively remodeled restaurants and additional areas.
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Updates references to the 2009 FDA Model Food Code.
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Adds a new definition for “extensively remodeled."
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Removes definitions from the Wisconsin Food Code relating to restaurant permitting and places them into ch.
DHS 196, where they were previously located. The terms include “General Public", “Meal", “Occasional", and “Temporary Restaurant". The definitions are updated to provide clarity.
DHS 196 Appendix (Wisconsin Food Code) -Broad-Based Changes to the Wisconsin Food Code
1. Errors in punctuation, spelling and use of defined terms were corrected throughout.
2. The term Potentially Hazardous Food was changed to Potentially Hazardous Food (Time/Temperature Control for Safety Food) throughout the Wisconsin Food Code.
3. The word “person" is replaced with the word “individual" throughout the Wisconsin Food Code.
4. “Of this section" follows ¶ (X) throughout the Wisconsin Code to be consistent with 2009 FDA Model Food Code language.
5. “Handwashing sink" replaces “handsink" throughout the Wisconsin Food Code.
6. The superscript (C), (N), and (S) are replaced with superscript (P) and (Pf) throughout the Wisconsin Food Code.
7. References to other federal and state codes as well as references referring to other food code sections have been updated throughout the Wisconsin Food Code.
8. Sections containing “exceptions" are now located in the first sentence to conform to 2009 FDA Model Food Code language.
9. The word “an exposure" is replaced with “a contact" throughout the Wisconsin Food Code.
10. The word “certified manager" is replaced with “certified food manager" throughout the Wisconsin Food Code.
-Specific Changes to DHS 196 Appendix (Wisconsin Food Code)
Preface
1. Structural Nomenclature section was rewritten to provide clarity.
2. Section Designations were changed to reflect new criticality terms. The terms “C", “N", and “S" are replaced with “P" Priority, “Pf" Priority foundation, and unmarked sections are referred to as “Core Items".
3. Font style section was reformatted into a table for easier reading.
Chapter
1 – Purpose and Definitions
1. In section 1-103.10, the “as defined in Subparagraph 210.10(B)(37) was removed.
2. In section 1-104.10, the “as defined in Subparagraph 210.10(B)(37) was removed.
3. In section 1-104.12, (D)(4) was removed as a duplicated statement.
4. In section 1-201.10, the number system was removed consistent with the 2009 FDA Model Food Code.
5. In section 1-201.10, the following new definitions have been added: “Asymptomatic", “Balut", “Conditional employee", “Core Item", “Count-mounted equipment", “Cut leafy greens", “Dealer", “Egg Product", “Enterohemorrhagic Escherichia coli", “Handwashing sink", “Health practitioner", “Major Food Allergen", “mechanically Tenderized", “Non-Continuous Cooking", “Priority item", “Priority foundation Item", “Ratite", “Re-service", and “Risk control plan".
6. In section 1-201.10, the following definitions have been deleted: “Critical Item", “General Public", “Incidental food service", “Meal", “Occasional", “Preparation", “Processing", and “Table mounted equipment".
7. In section 1-201.10, the term “Accredited Program", was updated to reflect the 2009 FDA Model Food Code.
8. In section 1-201.10, the term “Code of Federal Regulations" was replaced with “CFR"
9. In section 1-201.10, “Wis Admin Code" was added to the term “Drinking Water".
10. In section 1-201.10, the term “Egg" was updated to 2009 FDA Model Food Code language.
11. In section 1-201.10, the word “apparatuses" replaced the word “items".
12. In section 1-201.10, the term “Exclude" was updated to meet 2009 FDA Model Food Code language.
13. In section 1-201.10, “as defined under Subparagraph 1-201.10(B)(37)" was removed from the term “Food Processing Plant".
14. In section 1-201.10, “as defined in Subparagraph 1-201.10(B)(31)" was removed from the term “Game Animal".
15. In section 1-201.10, “Pesticides classified for restricted use" was added to the term “General use pesticide".
16. In section 1-201.10, “and Grade A Condensed and Dry Milk Ordinance" was removed from the term “Grade A standards".
17. In section 1-201.10, the term “Immediate danger" was changed to “Imminent health hazard".
18. In section 1-201.10, the term “Injected" was modified to meet 2009 FDA Model Food Code language.
19. In section 1-201.10, the term “Juice" was modified to reflect 2009 FDA Model Food Code language.
20. In section 1-201.10,“whether tenant, owner, lessee or licensee, or the agent, heir or assignee of any of these" was removed from the term “Person".
21. In section 1-201.10, “and as defined in s.
145.01(10) Stats" was added to the term “Plumbing system".
22. In section 1-201.10, the term “Potentially Hazardous Food" is changed to “Potentially hazardous food (time/temperature control for safety food)" and the term is updated to reflect 2009 FDA Model Food Code language.
23. In section 1-201.10, the term “Poultry" was modified to meet 2009 FDA Model Food Code language.
24. In section 1-201.10, “each individual building, space or stand where food is prepared, served or sold" is removed from the term “Premises".
25. In section 1-201.10, statutory references were added to the term “Public water system".
26. In section 1-201.10, the term “Ready-to-Eat Food" was modified to meet 2009 FDA Model Food Code language.
27. In section 1-201.10, the term “Reduced Oxygen Packaging" was modified to meet 2009 FDA Model Food Code language
28. In section 1-201.10, the term “Shiga toxin-producing Escherichia coli" was modified to meet 2009 FDA Model Food Code language.
29. In section 1-201.10, the word “spinach" is replaced by the word “shrimp" for the term “Slacking".
Chapter
2 – Management and Personal
1. In section 2-101.11, language was added to ensure that a person in charge is present during all hours of operation.
2. In section 2-102.11(A), the term “priority items" replaced the term “risk factor".
3. In section 2-102.11(C)(9), language was added referring to the person in charge requirements to demonstrate knowledge about major food allergens.
4. In section 2-102.11(C)(15), additional language was added to this section requiring the person in charge to understand and demonstrate knowledge on approved procedures and risk control plans.
5. In section 2-102.11(C)(16), “Conditional employee" was added.
6. In section 2-102.11(C)(17), language was added to the person in charge demonstration of knowledge responsibilities for understanding reporting requirements for ill employees and the actions taken by the person in charge.
7. In section 2-102.20, language was added to indicate a Wisconsin certified food manager satisfies the demonstration of knowledge requirements.
8. In section 2-103.11(L), allergy awareness was added to the training responsibilities of the person in charge.
9. In section 2-103.11(M), language was added for the person in charge to inform employees their reporting requirements regarding information about their health and activities as they relate to diseases that are transmissible through food.
10. In section 2-201.11, the format was substantially modified to reflect 2009 FDA Model Food Code language. Norovirus has been added as reportable illness to the person in charge.
11. In section 2-201.12, the format was substantially modified to reflect 2009 FDA Model Food Code language. Exclusions and restrictions concerning Norovirus were added.
12. In section 2-201.13, the format was substantially modified to reflect 2009 FDA Model Food Code language for removal, adjustment or retention of exclusions and restrictions for ill food employees. Additional language for Norovirus was added.
13. Section 2-201.14 was removed.
14. Section 2-201.15 was removed.
15. In section 2-301.12(A), Subpart 6-301 was added for clarity.
16. In section 2-301.12(B)-(D), language was reformatted to meet 2009 FDA Model Food Code language.
17. In section 2-301.15, the approval was removed for handwashing in pre-wash sinks in new food establishments and provisions established for existing food establishments.
18. In section 2-301.16, “hand sanitizer" was changed to “hand antiseptic" and language was reformatted to meet 2009 FDA Model Food Code language.
19. In section 2-403.11, the subparagraph reference was changed from 6-501.115(B)(2)-(4) to 6-501.115(B)(2)-(5).
1. In section 3-201.11, “all law relating to food and food labeling" was removed and replaced with “laws".
2. In section 3-201.11(D), removes the term molluscan shellfish and leaves the section only applying to fish and those fish specified in subparagraph 3-402.11(B) and adds “or undercooked form".
3. In section 3-201.11(G), removed the word “shell" when referring to eggs.
