Definitions. In addition to those definitions set forth expressly
hereinafter, all definitions set forth in Chapters 97, 125, and 254,
Wis. Stats., and Wis. Admin. Code, Chapters ATCP 72, 73, 74, 75, 76,
78, and 79, and DSPS 390, DSPS 221, and DSPS 463 are incorporated
herein by reference and shall be construed, read and interpreted as
if set forth herein until amended and then shall apply as amended.
In addition, the following terms and phrases have meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
ANNUAL PERMIT FEE
A fee for on-site inspection of the entire facility, and
one follow-up inspection, to determine that establishments identified
in this section are compliant with the statutes and administrative
codes that govern their operation.
BODY PIERCE
As a verb, to perforate any human body part or tissue, except
an ear, and to place a foreign object in the perforation to prevent
the perforation from closing.
BODY PIERCER
A person who performs body piercing on another person at
that person's request.
BODY PIERCING
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
INSPECTION FEE
A fee for on-site visits to determine that establishments
identified in this section are compliant with the statutes and administrative
codes that govern their operation.
LATE FEE
A fee that is charged for failure to comply with the application
time frame specified in the applicable statute and administrative
code for completion and submission of the required application for
a permit to the Health Department.
LIMITED FOOD SERVICE
The serving of food which is prepared and packaged off the
premises, with preparation on the premises limited to heating and
serving with single-service articles, i.e., hermetically wrapped sandwiches
or frozen pizza.
MOBILE RESTAURANT
A restaurant operating from a movable vehicle, pushcart,
trailer or boat which periodically or continuously changes location
and wherein meals or lunches are prepared or served or sold to the
general public, excepting those vehicles used in delivery of preordered
meals or lunches prepared in a licensed restaurant.
OPERATOR
The owner or person responsible to the owner for the operations
of the hotel, motel, bed-and-breakfast establishment, food service
establishment or beverage establishment, vending machine commissary
and/or vending machine, campground, camping resort, recreational/educational
camps, public swimming pools or tattoo and body-piercing establishment.
OUTDOOR GRILLING
The cooking of food on an outdoor grill on the premises of
a licensed food service facility. The purpose for outdoor cooking
shall not increase the production capability of the restaurant kitchen
by circumventing codes applicable to indoor cooking facilities. Hot
holding shall be limited to what can be held on the cooking unit.
PENALTY FEE
A fee for failure to pay established or assessed fees in
a timely manner.
POTENTIALLY HAZARDOUS FOOD or TIME AND TEMPERATURE CONTROL FOR
SAFETY (TCS) FOOD
(a)
A food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting:
1.
The rapid and progressive growth of infectious or toxigenic
microorganisms;
2.
The growth and toxin production of Clostridium botulinum; or
3.
In raw shell eggs, the growth of Salmonella enteritidis.
(b)
"Potentially hazardous food" or "time and temperature control for safety" (TCS) food includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subsection
(a) of this definition.
(c)
"Potentially hazardous food" or "time and temperature control
for safety (TCS)" food does not include:
1.
An air-cooled hard-boiled egg with shell intact;
2.
A food with an aw value of 0.85 or less;
3.
A food with a pH level of 4.6 or below when measured at 24°
C. (75° F.);
4.
A food in an unopened hermetically sealed container, that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution;
5.
A food for which laboratory evidence demonstrates that the rapid
and progressive growth of infectious or toxigenic microorganisms or
growth of S. enteritidis in eggs or C. botulinum cannot occur, such
as a food that has an aw and a pH that are above the levels specified
under Subsection (c)2 and 3 of this definition and that may contain
a preservative, other barrier to growth of microorganisms, or a combination
of barriers that inhibit the growth of microorganisms; and
6.
A food that may contain an infectious or toxigenic microorganism
or chemical or physical contaminant at a level sufficient to cause
illness, but that does not support the growth of microorganisms as
specified under Subsection (a) of this definition.
PREINSPECTION FEE
A fee for consultative services offered within a six-month
period from the date of permit application to a change in operator
or new business.
REINSPECTION FEE
A fee for any subsequent inspections required to address
compliance issues with the statutes and administrative codes that
govern their operation. Reinspections are conducted due to one or
more of the following: uncorrected critical violations, more than
10 total violations, repeat violations from previous inspections,
and major noncritical violations and when a complaint investigation
identifies unsatisfactory conditions. The fee for a reinspection will
be a set fee, determined by DATCP.
RESTAURANT
(a)
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.
(b)
"Restaurant" does not include:
1.
Taverns that serve free lunches consisting of popcorn, cheese,
crackers, pretzels, cold sausage, cured fish or bread and butter;
2.
Churches, religious, fraternal, youth or patriotic organizations,
service clubs and civic organizations, which occasionally prepare,
serve or sell meals to the general public;
3.
Any food service provided solely for needy persons;
4.
Bed-and-breakfast establishments;
5.
A private individual selling food from a movable or temporary
stand at a public farm sale;
6.
Any center as defined in Wis. Stats., § 36.05(4),
institution as defined in Wis. Stats., § 36.51(1)(b), or
technical college that serves meals only to the students enrolled
in the center, institution or school or to authorized elderly persons
under § 36.51 or § 38.36, Wis. Stats.;
7.
A concession stand, as defined in § 196.03(22)(g),
Wis. Stats., at a locally sponsored sporting event, such as a Little
League® game; or
8.
Any public or private school lunchroom for which food service
is directly provided by the school.
RETAIL FOOD ESTABLISHMENT
Any of the following, but does not include a restaurant or
other establishment holding a permit to the extent that the activities
of the establishment are covered by that permit:
(a)
A permanent or mobile food processing facility where food is
processed primarily for direct retail sale to consumers at the facility.
(b)
A mobile facility from which potentially hazardous/TCS food
is sold to customers at retail.
(c)
A permanent facility from which food is sold to consumers at
retail, whether that facility sells potentially hazardous food or
is engaged in food processing.
TATTOO
As a verb, to insert pigment under the surface of the skin
of a person, by pricking with a needle or otherwise, so as to produce
an indelible mark or figure through the skin.
TEMPORARY RESTAURANT or TEMPORARY RETAIL FOOD ESTABLISHMENT
A restaurant or retail food establishment that operates at
a fixed location in conjunction with a single event, such as a fair,
carnival, circus, public exhibition, anniversary sale or occasional
sales promotion, for a period of no more than 14 consecutive days
or less. Mobile establishments of this type which conduct business
in Oneida County, that are licensed outside of Oneida County, will
be inspected and charged a nominal fee to cover the inspection cost.
TEMPORARY SUSPENSION
The revocation of a permit for a time period set for no less
than 24 hours and no greater than one week as determined by the Health
Officer and/or his or her designee.
VENDING MACHINE
Any self-service device offered for public use which, upon
insertion of a coin or token, or by other means, dispenses unit servings
of food or beverage either in bulk or in package, without the necessity
of replenishing the device between each vending operation. "Vending
machine" does not include a device which dispenses only bottled, prepackaged
or canned soft drinks, a vending machine dispensing only candy, gum,
nuts, nut meats, cookies or crackers, or a vending machine dispensing
only prepackaged Grade A pasteurized milk or milk products.
VENDING MACHINE COMMISSARY
Any building, room or place in the state at which foods,
containers, transport equipment or supplies for vending machines are
kept, handled, prepared or stored by a vending machine operator, except
a place at which the operator is licensed to manufacture, distribute
or sell food products under Ch. 97, Wis. Stats.