[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural practices — See Ch. 130.
Animals — See Ch. 145.
Mass public assemblies — See Ch. 151.
Hazardous materials — See Ch. 221.
Sewers and sewage disposal — See Ch. 294.
Solid waste — See Ch. 306.
Tattoo and body piercing establishments — See Ch. 325.
Tobacco products and smoking — See Ch. 332.
[Adopted 9-20-2016 by Ord. No. 19-2016]
This article shall be applied to promote its underlying purpose
of protecting the public health.
A.
Applicability. The provisions of this article shall apply to any
facility or establishment used by the general public that requires
a permit or license under this regulation, a Wisconsin Administrative
Code, or a Wisconsin state statute adopted by reference in this regulation.
These provisions apply to any temporary food stand or traveling mobile
food service that sells or serves food to the public whether it is
exempt from licensing or is a licensed vendor.
B.
Wisconsin Administrative Code provisions. The provisions of Chapter
ATCP 75 and ATCP 75, Appendix A, Wisconsin Food Code, of the Wisconsin
Administrative Code, as hereby constituted or as hereafter amended,
are made a part of this article as if set forth here in detail.
As used in this article, the following terms shall have the
meanings indicated:
The Adams County Health and Human Services Department and
its employees.
A person working in a food establishment who transports food
or food containers, who engages in food preparation or service or
who comes in contact with any food or beverage, food utensils, containers
or equipment.
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
Any place where food is prepared and intended for individual
portion service, and includes the site at which individual portions
are provided. The term includes any such place regardless of whether
consumption is on or off the premises and regardless of whether there
is a charge for the food. The term includes restaurants, retail food
establishments, any place where food is stored or held for sale, or
any vehicle used to transport or hold foods in commerce, temporary
food establishments, mobile restaurants, mobile retail food establishments
and delicatessen-type operations that prepare sandwiches intended
for individual portion service and people doing catering work for
profit. The term does not include private homes when the food is prepared
or served for individual family consumption, food vending machine
locations and vending supply vehicles.
The Adams County Health and Human Services Board and its
authorized representatives.
A substance, activity or condition that is known to have
the potential to cause acute or chronic illness, to endanger life,
to generate or spread infectious diseases, or to cause a negative
impact on the health of the public.
The Health Officer of Adams County and his/her authorized
agents.
A County of Adams operator's permit, and shall include
permits issued to any facility or establishment used by the general
public that requires a permit or license under this regulation, a
Wisconsin Administrative Code, or a Wisconsin state statute adopted
by reference in this regulation. These include full-service restaurant
permits, prepackaged restaurant permits, mobile restaurant permits,
and mobile retail food establishment and temporary restaurant permits
and retail food establishments as defined by Ch. ATCP 75, Wis. Adm.
Code, and Chs. 93 and 97, Wis. Stats. The terms "permit" and "license"
are synonymous.
A food that is natural or synthetic and that requires time/temperature
control for safety (TCS) because it is in a form capable of supporting
the rapid and progressive growth of infectious or toxigenic microorganisms,
or the production of toxins, the growth and toxin production of Clostridium
botulinum, or in raw shell eggs the growth of Salmonella enteritidis.
Potentially hazardous foods include a food of animal origin that is
raw or heat-treated; a heat-treated food of plant origin or consisting
of raw seed sprouts; cut melons; cut tomatoes; cut leafy greens; garlic-in-oil
mixtures not modified to prevent toxigenic growth; and meringues,
cream or custard pies, whipped cream, etc. Potentially hazardous foods
do not include cakes, cookies, bars, candies, bread, or foods that
do not support the growth of microorganisms (aw value of 0.85 or less,
or pH of 4.6 or below).
A.
General.
(1)
No person shall operate a food establishment within Adams County
who does not have a valid license issued to him by the Department,
unless otherwise exempted in this article.
(2)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
(3)
Licenses are not transferable.
(4)
A valid license shall be posted in every food establishment.
(5)
The Department may deny a license to anyone who hinders the inspection
of a facility or fails to pay a license or inspection fee.
B.
Application.
(1)
Applications for a license shall be made upon such forms supplied
and prescribed by the Department.
(2)
Prior to approval of an application for a license, the Department
shall inspect the establishment to determine compliance with the requirements
of this article, and applicable license fees must be paid.
C.
Exceptions to license requirements.
(1)
Bake sales. Items which are not potentially hazardous such as candies,
cakes, and cookies sold by nonprofit organizations for fund-raising
projects may be sold without a license.
(2)
Food and beverages sold or served by nonprofit organizations, or
as otherwise authorized by law, to the general public are exempted
from this article, provided that such service does not exceed three
days per year. Coffee and doughnut hours at churches are exempt from
this article. All food service, whether licensed or exempt from licensing,
must comply with Chapter ATCP 75, Appendix A, Wisconsin Food Code,
Wisconsin Administrative Code.
(3)
Rabbits, eggs and poultry sold directly from a farm, fruits and vegetables,
honey and maple syrup (not sold wholesale) are exempt from licensing
under this article.
D.
Inspection.
(1)
All licensed restaurants and retail food establishments will be inspected
at least annually by an Adams County Health and Human Services Department
Environmental Health Specialist/Assistant. The inspection report will
list violations of the applicable Administrative Code, or Wisconsin Food
Code, code citation, and corrective action required. If a CDC risk
factor violation cannot be corrected on site or if there are repeat
violations during three consecutive inspections, a reinspection will
be scheduled. Food establishments with a reinspection will be required
to increase active managerial control by engaging in a long-term risk
control plan for the establishment. The operator will utilize standard
operating procedures, menu modifications, buyer specifications, or
suppliers utilizing a Hazard Analysis and Critical Control Points
(HACCP) plan in their processes to ensure the safety of their food
products.
(2)
Temporary restaurants, mobile restaurants, and mobile retail food
establishments are subject to inspection and licensing. If these establishments
are inspected but not licensed, an inspection fee may be charged per
§ 66.0628, Wis. Stats.
A.
Suspension.
(1)
The Health Officer may, without warning, notice or hearing, suspend
the license if the holder does not comply with the requirements of
this article or if the operation of the establishment otherwise constitutes
a health hazard. When a license is suspended, food service operations
shall immediately cease. Whenever a license is suspended, the holder
shall be afforded an opportunity for a hearing before the Health and
Human Services Board within 20 days of receipt, by the Health Officer,
of a written request for a hearing.
(2)
Whenever a license is suspended, the holder or his/her agent in charge
shall be notified in writing that the license is, upon service of
the notice, immediately suspended and that an opportunity for hearing
will be provided if a written request for hearing is filed with the
Department by the holder of the license within 10 days. If no written
request for hearing is filed within 10 days, the suspension is sustained.
The Department may end the suspension at any time if reasons for suspension
no longer exist.
B.
Revocation of license.
(1)
The Department may, after providing opportunity for hearing, revoke
a license for serious or repeated violations of any of the requirements
of this article or for interference with the Department in the performance
of its responsibilities.
(2)
Prior to revocation, the Department shall notify, in writing, the
holder of the license or his/her agent in charge of the specific reason(s)
for which the license is to be revoked and that the license shall
be revoked at the end of the 10 days following service of such notice
unless a written request for hearing is filed with the Department
by the holder of the license within such ten-day period. If no request
for hearing is filed within the ten-day period, the revocation of
the license becomes final.
C.
Services of notice. A notice provided for in this article is properly
served when it is delivered to the holder of the license, or his/her
agent in charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the holder
of the license. A copy of the notice shall be filed in the records
of the licensed establishment.
D.
Hearings. The hearings provided for in this article shall be conducted
by the Health and Human Services Board or its designee at a time and
place designated by it. The Health and Human Services Board shall
make a final finding based upon the complete hearing record and shall
sustain, modify or rescind any notice or order considered in the hearing.
A written report of the hearing decision shall be furnished to the
holder of the license by the Health Officer. A decision made by the
Health and Human Services Board may be appealed to Adams County Circuit
Court.
E.
Application after revocation. Whenever a revocation of a license
has become final, the holder of the revoked license may make written
application for a new license.
A.
Inspection procedures and enforcement policy. The Adams County Health
and Human Services Department Environmental Health staff shall follow
the Licensing and Inspection Policy and Procedure as adopted and amended.
This policy applies to restaurants and retail food establishments.
B.
Access. Representatives of the Department, after proper identification,
shall be permitted to enter any food establishment at any reasonable
time for the purpose of making inspections to determine compliance
with this regulation.
C.
Procedure when infectious or toxic substance is suspected. Food may
be collected for analysis, and food preparation premises may be inspected
by the Department as often as necessary for enforcement of this article.
The Department may, upon written notice to the owner or his/her agent
in charge, specify the reasons therefor and place a hold order on
any food which it reasonably believes is in violation of any section
of this regulation. The Department shall tag, label, or otherwise
identify any food subject to the hold order. No food subject to a
hold order shall be used, served, or moved from the establishment.
The Department shall permit storage of the food under conditions specified
in the hold order unless storage is not possible without risk to the
public health, in which case destruction shall be ordered and accomplished.
The hold order shall state that a request for hearing may be filed
within 10 days and that if no hearing is requested the food shall
be held for a period of 14 days from the date of delivery of the hold
order, pursuant to § 97.12(2)(a), Wis. Stats. The hold order
may be extended an additional 14 days if necessary to complete the
analysis or examination of the food. If a request for hearing is received,
the hearing shall be held within 20 days after receipt of the request.
On the basis of evidence produced at the hearing, the hold order may
be vacated, or the owner or person in charge of the food may be directed
by written order to denature or destroy such food or to bring it into
compliance with the provision of this article.
Any person who violates any provision of this article shall
forfeit not less than $100 nor more than $1,000. Each and every violation
of the provisions of this article shall constitute a separate offense.
Each day a violation exists shall constitute a separate offense.
[Adopted 10-25-2016 by Ord. No. 20-2016]
This article shall be referred to as the "Adams County Public
Health Ordinance."
This article shall be administered by the Health and Human Services
Board and its authorized representatives, in cooperation with the
appropriate state agencies.
The provisions of this article shall be held to be minimum requirements
and shall not be deemed a limitation or repeal of any power granted
by law.
This article is adopted pursuant to the authority granted by
law, including §§ 59.70, 59.54, 66.0119, 66.0417 and
101.935 and Chs. 93, 97, 250, 251, 252, 254, 463 and 823, Wis. Stats.,
and as further updated or modified by the Wisconsin State Legislature.
The purpose of this article is to protect the public health,
safety, environment and general welfare of the people of Adams County.
As used in this article, the following terms shall have the
meanings indicated:
Refers to Adams County, Wisconsin.
Refers to the Adams County Health and Human Services Department
and its employees.
Refers to the Adams County Health and Human Services Board
and its authorized representatives.
A substance, activity or condition that is known to have
the potential to cause acute or chronic illness, to endanger life,
to generate or spread infectious diseases, or to cause a negative
impact on the health of the public. Health hazards include the following:
All decayed or unwholesome food offered for sale to the public.
All diseased animals with the potential for transmission of
disease to humans.
Carcasses of dead animals not buried, properly composted, or
disposed of using an approved disposal method within 24 hours after
death.
Accumulations of manure, rubbish, garbage, refuse and human
and industrial or noxious or offensive waste, except the normal storage
on a farm of manure for agricultural purposes.
Privy vaults or garbage cans which are not flytight.
The pollution of any well, groundwater aquifer, or body of water
by sewage or industrial wastes, fertilizers and toxic pesticides,
or other substances harmful to human beings.
Dense smoke, noxious fumes or odors, gas and soot, or cinders
in unreasonable quantities, or the presence of any gas, vapor, fume,
smoke, dust, toxic pesticides by drift or overspray, or any other
toxic substance on, in or emitted from the equipment of any premises
in quantities sufficient to be toxic, harmful or injurious to the
health of any employee or to any premises, occupant, or to any other
person.
All infestations of vermin that may be involved in the transmission
of communicable disease and infestations of pests of significant public
health importance.
The keeping of animals or fowl in close proximity to residences,
schools, hospitals, public or semipublic buildings, playgrounds, parks,
and other public places, except pet cats and dogs, animals in public
or licensed zoos, farm animals on farms and any animals or fowl in
laboratories.
To rent, lease, or use quarters for human habitation which are
declared unfit for human habitation by the Department. For the purpose
of this article, "unfit for human habitation" includes, but is not
limited to, lacking potable water, a properly designed and functioning
wastewater disposal system, or an adequate and functioning heating
system.
All other acts, practices, conduct, businesses, occupations,
callings, trades, uses of property, and all other things detrimental
to the health of the inhabitants of Adams County, Wisconsin.
Are synonymous and used interchangeably. Both refer to a
document issued by the Environmental Health Section of the Adams County
Health and Human Services Department to allow the operation of a public
facility.
Any individual, firm, institution, corporation, society,
or other entity.
Any facility used by the public that requires a permit under
this article or a state code adopted by reference. "Public facility
or establishment" means any facility or establishment used by the
general public that requires a permit or license under this regulation,
a Wisconsin Administrative Code, or a Wisconsin state statute adopted
by reference in this article.
The Department shall have the following powers and duties:
A.
To ensure compliance with the purpose of this article and applicable
laws.
B.
To issue and deny licenses in compliance with this article.
C.
To maintain records of public facilities, inspections made, and other
official actions.
D.
To enforce the provisions of this article and applicable laws.
E.
To enter any structure or premises, during reasonable hours, to perform
inspections to determine compliance with this article. In the event
that an owner or occupant, or user, a person with authority, or mortgage
holder refuses entry, an inspection warrant under § 66.0119,
Wis. Stats., may be obtained.
F.
To order abatement or correction of any human health hazards. In
the event the person made an unsuccessful personal attempt to abate
the health hazard, the Department may order the person to hire a licensed
or certified professional to do so.
G.
To license any public facility as provided in this article.
H.
To prohibit the use of a public facility until it has been inspected
and a license issued.
I.
To revoke or suspend the license of a public facility which has been
determined to present a potential for a health hazard or is in noncompliance
with this article.
J.
Any action authorized under law to ensure compliance with the purpose
of this article.
K.
To deny a license to anyone who hinders the inspection of a facility
or fails to pay a license or inspection fee.
A.
Orders. When a violation of this article occurs, the Department may
issue a written order. The order shall specify the violation, the
steps to abate the violation, and a time period ranging from immediate
steps to protect the public to up to 30 days for abatement.
B.
Noncompliance with order. If a person does not comply with an order
of the Department or Health and Human Services Board, the person may
be subject to one or more of the following actions:
(1)
Initiation of legal action seeking a court-imposed forfeiture and/or
imprisonment.
(2)
Initiation of legal action seeking injunctive relief to abate the
violation and/or correct the damage created by the violation.
(3)
Suspension or revocation of a County-issued permit.
(4)
Any other action authorized by applicable laws as deemed necessary
by the Department or Health and Human Services Board.
C.
Initiation of legal action. Legal action, when requested by the Health
and Human Services Board, shall be initiated by the Adams County Corporation
Counsel or referred to the Adams County District Attorney.
Any person who maintains a health hazard as declared in this
article or who violates any of the provisions in this article, as
specifically set forth herein or as incorporated herein by reference,
shall forfeit not less than $100 and not more than $1,000 for each
violation. Each day that a violation exists shall constitute a separate
offense.
The Adams County Health and Human Services Board shall review
and set Department fees.
It is the intention of the Adams County Health and Human Services
Board and the Department that any changes to and renumbering of the
adopted provisions are similarly adopted by Adams County.
A.
Public swimming pools and water attractions.
(1)
Chapter SPS 390, Wis. Adm. Code, titled "Design and Construction
of Public Swimming Pools and Water Attractions," and Chapter ATCP
76, Wis. Adm. Code, titled "Safety, Maintenance and Operation of Public
Pools and Water Attractions," are hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.615,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
B.
Recreational and educational camps.
(1)
Chapter ATCP 78, Wis. Adm. Code, titled "Recreational and Educational
Camps," is hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.615,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
C.
Manufactured home communities.
(1)
Chapter SPS 326, Wis. Adm. Code, titled "Manufactured Home Communities,"
is hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 101.935,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
D.
Campgrounds.
(1)
Chapter ATCP 79, Wis. Adm. Code, titled "Campgrounds," is hereby
adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.615,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
E.
Hotels, motels, and tourist rooming houses.
(1)
Chapter ATCP 72, Wis. Adm. Code, titled "Hotels, Motels, and Tourist
Rooming Houses," is hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.615,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
F.
Bed-and-breakfast establishments.
(1)
Chapter ATCP 73, Wis. Adm. Code, titled "Bed-and-Breakfast Establishments,"
is hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.615,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
G.
Tattooing and body piercing.
(1)
Chapter SPS 221, Wis. Adm. Code, titled "Tattooing and Body Piercing,"
is hereby adopted by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
Any other activity, such as branding, scarification, microdermal
anchors, or implantation, that does not fall under the definition
of "tattooing" or "body piercing" is prohibited unless performed by
a licensed physician.
(4)
If any city or village becomes an agent under § 463.16,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(5)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
H.
Retail food establishments.
(1)
Chapter ATCP 75, Wis. Adm. Code, titled "Retail Food Establishments,"
and Chapter ATCP 75, Appendix A, Wisconsin Food Code, are hereby adopted
by reference.
(2)
Annual licenses shall be issued and fees collected prior to operation.
(3)
If any city or village becomes an agent under § 97.41,
Wis. Stats., then the provisions of this section shall not apply in
that agent's jurisdiction.
(4)
Only a person who complies with the requirements of this article
and applicable regulations of other governmental entities shall be
entitled to receive or retain a license.
Section 8-5, Prevention of Foodborne Disease Transmission by
Employees, of the United States Public Health Service 2013 Food and
Drug Administration Food Code is hereby adopted by reference.
