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Wisconsin New Food Code

Beginning February 1, 2001, the new Wisconsin Food Code will be in effect. The Department of Agriculture, Trade and Consumer Protection (DATCP) and the Department of Health and Family services (DHFS) have worked together to provide a uniform food code for the State. The new code is based on the FDA's model food code. Industry, consumers, academia and regulators have developed this new food code. It reflects the most current science, and the best strategies to ensure a safe food supply. In comparison to the previous ATCP-75 (Retail) and HFS-196 (Restaurant) codes, the Wisconsin Retail Food Code has several important changes. Although it is important that you become familiar with the new food code as soon as possible, we will be working closely with you throughout this year to allow you time to implement the changes. Some of the major changes include:

Person in Charge/Demonstration of Knowledge

During all times of operation, a person in charge must be able to demonstrate knowledge regarding safe food handling practices in the food service operation. Obtaining the State of Wisconsin food handler certification is one way to satisfy the demonstration of knowledge requirement. Section 2-102.11

Temperatures

Cooling temperatures will have a maximum of 6 hours using a two-step process. Potentially hazardous foods must be cooled from 140 degrees to 70 degrees within 2 hours and from 70 degrees to 41 degrees or below within an additional 4 hours. 

Exceptions : potentially hazardous foods made from ingredients at ambient temperature or foods received at temperatures above 41 degrees (i.e. milk, etc.) during shipment, must be cooled to 41 degrees or below within 4 hours. Shell eggs need not comply with this requirement if the eggs are placed immediately upon receipt into a refrigeration unit that is capable of maintaining food at 41 degrees. Section 3-501.14

Cooking temperatures for: Eggs, fish, meat and pork is 145 degrees for at least 15 seconds unless injected or comminuted (comminuted is food items that are: chopped, flaked, ground or minced such as; ground beef, sausage and gyros) then a cook temperature of 155 degrees is required and 165 degree cooking temperature for stuffed meat, fish or poultry. Whole beef, pork and cured pork roasts shall be cooked as specified in the food code cooking chart on page 56.

Exceptions:

1.  Raw and undercooked whole muscle beef may be served in a ready to eat form if the beef meets the definition of whole muscle, intact beef, the customer is not from a highly susceptible population and the outside surfaces of the beef are cooked to at least 145 degrees with a cooked color change on the exterior surfaces.
2.  Raw animal foods other than whole muscle beef may be served if the consumer is informed, the customer is not from a highly susceptible population and the Department has granted a variance based on a HACCP plan. Section 3-401.11

 Microwave cooking temperatures for raw animal foods must be to a temperature of 165 degrees in all parts of the food, allowed to stand for 2 minutes after cooking, covered to retain heat and stirred or rotated during cooking for even distribution of heat. Section 3-401.12

 Hot hold temperatures are a 140 degrees or above for all foods and this includes fruits and vegetables that are cooked for hot holding. Foods must be cooked to 140 or above before placing items in a hot holding unit. Section 3-501.16 (A) & 3-401.13

*(Note) The Madison Department of Public Health has already been enforcing the new cold (41ºF) and hot (140ºF) holding temperatures for over a year.

Consumer Information

Operators must inform consumers of the increased risk associated with eating certain animal foods that may be served raw or undercooked or not otherwise processed to eliminate pathogens.  

Examples of consumer notification are: the use of brochures, deli case or menu advisories, labels, table tents, placards or other effective written material that informs the consumer of an increased risk associated with consuming certain animal foods that may be served raw, undercooked or otherwise not processed to eliminate pathogens. Section 3-603.11  

Time As A Public Health Control

Time as a Public Health Control will allow establishments to hold potentially hazardous foods at room temperature for 4 hours, if the regulatory department approves a written plan. Guidelines are available from the Madison Health Department. Section 3-501.19

Date Marking

Ready to eat potentially hazardous food held for more than 24 hours in an establishment must be labeled with time and date of use or preparation. This is to be used as an internal quality control system and not to be used as a consumer expiration date.

Refrigerated food items prepared in advance must be discarded after 7 days if held at 41 degrees or less.

Food items, which are prepared, frozen and thawed, must be controlled by date marking to ensure that the item is consumed within a total of 7 days held at refrigeration temperatures (freezer time minus days held at refrigerated temperature). Section 3-501.17

Bare Hand Contact

Bare hand contact with ready to eat foods is prohibited unless otherwise approved by the regulatory department. Section 3-301.11(B)

Food Contact Surfaces

Equipment and utensils must be cleaned every 4 hours when processing potentially hazardous foods or more often if necessary. Section 4-602.11 (C)

Employee Health

Worker exclusions and restrictions from food preparation and service based on the signs and symptoms or a physician's diagnosis of an illness that can be transmitted through food.

Section 2-201.11

These changes will be implemented gradually, so we can work closely with all establishments on needed changes. The Wisconsin Food Code for ATCP can be found on the Internet at: http://www.datcp.state.wi.us/static/fsafety/hearing.htm and HFS is at: http://www.legis.state.wi.us/rsb/code/hfs/hfs110.html and click on the Appendix section relating to the Wi Food Code. We strongly encourage all of you to view the code to update yourself on the changes. ATCP and HFS have formed two committees to deal with issues regarding the food code. The committees are called Policy and Interpretation and HACCP and Variance. The Code will eventually be available in CD-ROM, and the Health Dept. will provide copies to establishments in the future. If you have any questions you can reach your sanitarian at 294-5335 between 8-9am Monday-Friday.

 

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