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:
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 PIERCEAs 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 PIERCERA person who performs body piercing on another person at that person's request.
BODY PIERCINGPerforating any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.
INSPECTION FEEA 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 FEEA 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 SERVICEThe 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 RESTAURANTA 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.
OPERATORThe 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 GRILLINGThe 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 FEEA 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;
The growth and toxin production of Clostridium botulinum; or
In raw shell eggs, the growth of Salmonella enteritidis.
"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.
"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;
A food with an aw value of 0.85 or less;
A food with a pH level of 4.6 or below when measured at 24° C. (75° F.);
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;
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
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 FEEA 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 FEEA 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.
"Restaurant" does not include:
1. Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter;
Churches, religious, fraternal, youth or patriotic organizations, service clubs and civic organizations, which occasionally prepare, serve or sell meals to the general public;
Any food service provided solely for needy persons;
Bed-and-breakfast establishments;
A private individual selling food from a movable or temporary stand at a public farm sale;
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.;
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
Any public or private school lunchroom for which food service is directly provided by the school.
RETAIL FOOD ESTABLISHMENTAny 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.
A mobile facility from which potentially hazardous/TCS food is sold to customers at retail.
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.
TATTOOAs 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 ESTABLISHMENTA 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 SUSPENSIONThe 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 MACHINEAny 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 COMMISSARYAny 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.