Food Safety and Recreational Licensing

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Policy Number:: UW-2020
Responsible Office:: Environmental & Occupational Health

University Policy

Rationale/Purpose:

The UW-Madison Department of Environment, Health & Safety - Environmental and Occupational Health unit (EH&S-EOH) promotes safe and healthy campus spaces at the university. This policy defines licensing, inspection, compliance, and enforcement requirements for food and recreation.

Definitions:

Authorized employee: An EH&S-EOH employee or designated representative which meets qualification requirements pursuant to Wis. Admin. Code ATCP § 74.08.
Business day: Monday through Friday, except legal public holidays observed by UW-Madison.
EH&S-EOH jurisdiction: The authority of EH&S-EOH, per the State of Wisconsin, to license, inspect, and enforce compliance with public health regulations at food service venues, recreational/educational camps, swimming pools, and lodging establishments owned or leased by UW-Madison in Dane County.
Establishment: A business or entity that operates within EH&S-EOH’s jurisdiction.
Funding string: A collection of numbers used to classify and record financial transactions at UW-Madison.
Imminent health hazard: A condition that presents a likelihood to cause severe adverse health consequences or death.
Operator: The owner of an establishment or the person responsible to the owner for the operation of an establishment under EH&S-EOH’s jurisdiction.
Priority violation: A situation in which administrative code directly related to health and safety is not met and could significantly contribute to an increased risk for injury or illness.

Scope:

Food service and recreation venues owned and/or leased by UW–Madison in Dane County, Wisconsin.

Policy:

Environment, Health & Safety-Environmental and Occupational Health (EH&S-EOH) conducts food safety and recreational licensing activities as authorized under a Memorandum of Agreement (Wis. Admin. Code ATCP §74) with the State of Wisconsin Department of Agriculture, Trade, and Consumer Protection (WI-DATCP). This policy is considered the local health ordinance as required under Wis. Admin. Code ATCP § 74.

EH&S-EOH is responsible for enforcing the following:

Wis. Admin. Code ATCP § 72

Wis. Admin. Code ATCP § 73

Wis. Admin. Code ATCP § 74

Wis. Admin. Code ATCP § 75

Wis. Admin. Code ATCP § 76

Wis. Admin. Code ATCP § 78

Wis. Admin. Code ATCP § 79

Wis. Stat. § 93

Wis. Stat. § 97

EH&S-EOH may establish and enforce university policies that are more restrictive, but do not conflict with WI DATCP regulations. And EH&S-EOH may perform other foodborne and waterborne illness prevention and control measures.

Licensing
1. License or authorization required
  
  No establishment or person may engage in any trade, profession, business, or privilege on UW-Madison owned or leased lands in Dane County for which a license or authorization is required without first obtaining such license or authorization from EH&S-EOH, unless exempted by applicable Wisconsin Administrative Code. After confirming receipt of a complete application, EH&S-EOH must approve or deny the application within 30 calendar days. If the application for a license is denied, EH&S-EOH will provide the applicant reasons in writing.
2. Inspections and access to premises
  1. Before EH&S-EOH will issue a license to operate a new or modified establishment, the EH&S-EOH must conduct a pre-inspection as scheduled by the operator, unless exempted by applicable Wisconsin Administrative Code.
  2. An authorized employee, upon presenting proper identification, may enter any facility under EH&S-EOH’s jurisdiction and any other associated area at any reasonable time, for any of the following purposes:
    1. To inspect the facility.
    2. To determine if there has been a violation of Wisconsin administrative codes or statutes.
    3. To determine compliance with previously written violation orders.
    4. To secure samples or specimens.
    5. To examine and copy relevant documents and records related to the operation of the facility.
    6. To obtain photographic or other evidence as needed to enforce Wisconsin Administrative Code or Statutes.
3. Conditions for license release or renewal
  1. Licenses expire on June 30 following their issuance except for licenses initially issued during the period beginning April 1 and ending June 30 which expire June 30 of the following year.
  2. EH&S-EOH may refuse to issue a new license or renew an existing license under any of the following circumstances:
    1. A fully and accurately completed, signed, and dated application has not been received by EH&S-EOH.
    2. The operator has not paid the appropriate food licensing or recreational licensing fees.
    3. The operator has modified, repaired, or maintained the establishment in a manner that is not in accordance with Wisconsin Administrative Codes.
    4. The operator has not corrected a condition for which EH&S-EOH has issued a written health or safety related order.
    5. The applicant, license holder, or operator has not provided EH&S-EOH with the information required under applicable Wisconsin Administrative Codes.
    6. The applicant, license holder, or operator is in violation of Wis. Stat. § 97, with the exception of a minor violation as defined in Wis. Stat. § 227.04 (1) (a).
4. License holder responsibilities
  
  To retain a license issued by EH&S-EOH, the license holder must:
  1. Allow an authorized employee of EH&S-EOH or WI-DATCP access to the establishment and provide any required information to that authorized employee.
  2. Comply with the provisions of applicable Wisconsin Administrative Code(s).
  3. Follow reporting requirements to EH&S-EOH as outlined in Wisconsin Administrative Code(s).
  4. Immediately discontinue operations directly related to an imminent health hazard and notify EH&S-EOH.
  5. Replace existing facilities and equipment that no longer comply with the criteria set forth in Wisconsin Administrative Code(s).
  6. Submit plans to EH&S-EOH in advance of a change in ownership, newly built or outfitted facility, or renovation/modification of an existing facility or its integral equipment. EH&S-EOH will review and determine whether a submitted plan is complete; and communicate in writing within 15 business days of submission. The initial plan review does not imply compliancy with any requirements other than the Wisconsin Administrative Code that governs the establishment, which may exist from other authorities. Onsite visits prior to the pre-license inspection may be required by the operator.
  7. Comply with directives of EH&S-EOH, including deadlines for taking corrective actions specified in inspection reports, notices, orders, and warnings for the establishment or in response to community emergencies.
  8. Abide by penalties for failure to comply with this policy, and any other directive of EH&S-EOH.
5. Restrictions on license transfers
  1. Licenses are not transferable between establishments or facilities, or to locations other than the one for which it was issued; exceptions include mobile food establishments and temporary/transient food establishments.
  2. Licenses are not transferable between licensees unless exempted by Wisconsin Administrative Code.
Orders to Correct Violations
1. Written orders
  1. If upon inspection of an establishment, EH&S-EOH finds that the facility is not designed, constructed, equipped, or operated as required under applicable Wisconsin Administrative Code(s), EH&S-EOH will issue a written order to correct the violation(s). The order must specify the correction needed for compliance and the deadline by which the license holder shall make the correction. EH&S-EOH, at its discretion, may extend the deadline specified in the order. Establishments must correct violations within the following timeframes, unless otherwise noted by the authorized employee:
    1. Violations that are imminent health hazards: immediately
    2. Priority Violations: within three calendar days of the routine or other inspection(s)
    3. Priority Foundation Violations: within ten calendar days of the routine or other inspection(s)
    4. Core Violations: within 90 calendar days of the routine or other inspection(s)
  2. Failure to correct an order
    
    If a violation is not corrected by the expiration of the time period stated in the order, or any extension of time granted, EH&S-EOH may issue an order to suspend or revoke the license to operate the establishment.
  3. Requests for an extension to correct a violation
    
    EH&S-EOH may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance. To request an extension to correct a violation, the operator must submit a written request to EH&S-EOH before the date specified in the written order to correct the violation. The operator must provide information that demonstrates to EH&S-EOH that corrective action has been initiated, but additional time is needed to fully correct the violation.
2. Temporary orders
  1. Conditions for a temporary order
    
    Whenever, as a result of an inspection, EH&S-EOH has reasonable cause to believe that an imminent health hazard exists, EH&S-EOH may issue a temporary order without advance notice or hearing to do any of the following:
    1. Prohibit the continued operation or method of operation of specific equipment.
    2. Require the premises or affected areas within the premises to cease operations and close until remedies that eliminate the imminent health hazard are applied.
  2. Duration of a temporary order; actions prohibited
    1. A temporary order will take effect upon its delivery to the operator or responsible supervisor. The temporary order will remain in effect for 14 calendar days from the date of its delivery, but a temporary order may be reissued for one additional 14 calendar day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
    2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of EH&S-EOH until the order has terminated or the time specified, has expired, whichever occurs first, unless EH&S-EOH provides a notice that an imminent health hazard is remedied. If, upon completed analysis or examination, EH&S-EOH determines that construction, sanitary condition, operation, or method of operation of the premises or equipment no longer constitutes an imminent health hazard, EH&S-EOH will immediately notify the owner, operator, or responsible supervisor in writing and the temporary order will terminate upon receipt of the written notice.
  3. Notice of findings upon analysis or examination
    
    If the analysis or examination shows that the construction, sanitary condition, operation, or method of operation of the premises or equipment constitutes an imminent health hazard, EH&S-EOH, within the effective period of the temporary order, will provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order will remain in effect until a final decision is issued pursuant to applicable Wisconsin Administrative Codes. The notice will include a statement that the establishment has a right to request a hearing pursuant to applicable Wisconsin Administrative Codes, within 15 calendar days after issuance of the notice.
  4. Failure to comply with a temporary order
    
    Any person who fails to comply with a temporary order issued by EH&S-EOH shall incur penalties outlined by applicable Wisconsin Administrative Codes.
3. Food hold orders
  1. Adulterated or misbranded food
    
    Whenever any authorized employee of EH&S-EOH has reasonable cause to believe that any food examined by them is adulterated or misbranded, and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the authorized employee must issue and deliver to the owner or custodian of the food a holding order prohibiting the sale or movement of the food for any purpose until analysis or examination of an obtained sample is completed. A holding order may be effective for a period of no longer than 14 calendar days from the time of its delivery and it may be reissued for one additional 14−calendar day period if necessary to complete the analysis or examination of the food.
  2. Analysis or examination of adulterated or misbranded food
    
    If EH&S-EOH, upon completed analysis or examination, determines that the food described in a holding order is not adulterated or misbranded, then the owner or custodian must be promptly notified in writing, and the holding order will terminate upon notification. Where the analysis or examination shows that the food is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the owner or custodian of the food must be notified in writing within the effective time of the holding order. The notice has the effect of a special order issued under Wis. Stat. § 93.18. Upon receipt of a notice, the food subject to the holding order must not be sold, moved, disposed of, or brought into compliance with applicable standards without the approval of EH&S-EOH. If such food is not brought into compliance, sold, moved, or disposed of within 30 calendar days, or other agreed upon period of time, from the date the owner or custodian received notice that the food was adulterated or misbranded, EH&S-EOH may issue an order directing the disposition of the food.
Action Plans or Risk Control Plans
1. Contents of plan
  
  When required by EH&S-EOH, the operator must develop an action plan or risk control plan for compliance using a form emailed by EH&S-EOH. The action plan or risk control plan must include the following:
  1. A description of the violation and code citation.
  2. The steps the operator will take to correct the violation.
  3. The date compliance will be achieved.
2. Conditional license
  
  When on an action or risk control plan, the establishment will be placed on a conditional license pursuant to applicable Wisconsin Administrative Code(s). EH&S-EOH will void the license if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.
Reinspection or Administrative Follow-up.

EH&S-EOH may perform a reinspection or administrative follow−up of an establishment under their jurisdiction and may assess a fee for doing so. EOH’s reinspection criteria is as follows:
1. Category 1 – Imminent Hazards
  
  Whenever an inspection or investigation reveals a violation that is potentially hazardous to the health and safety of patrons or employees and the violation cannot be corrected during the inspection or investigation, the authorized employee must return to the establishment to verify or verify through administrative follow-up, that the violation has been corrected.
2. Category 2 – Priority Violations
  
  Whether corrected on-site or not, whenever an inspection reveals that four or more priority violations have been observed and noted, a reinspection or administrative follow-up must occur.
3. Category 3 – Repeat Violations
  
  Whether corrected on-site or not, repeat violations that are documented over three inspections (routine, complaint or onsite) will result in reinspection or administrative follow-up.
4. Category 4 – Excessive Violations or per authorized employee discretion
  
  An excessive number of violations may result in a reinspection or administrative follow-up. The authorized employee and their supervisor will determine if there is a lack of active managerial control based on the quantity and criticality of the observed violations.
Suspension or Revocation of License.
1. Imminent health hazard
  1. EH&S-EOH may, by summary order and without prior notice or hearing, suspend a license issued under applicable Wisconsin Administrative Code(s) if EH&S-EOH finds that there has been a substantial failure to comply with the applicable requirements of Wisconsin Administrative Code(s) and that the continuation of the violations constitutes a serious danger to public health. The order will be in writing, have the force and effect of an order issued pursuant to Wis. Stat. § 93.18, and is subject to right of hearing before EH&S-EOH, if requested within ten days after date of service. The order must include facts or conduct which warrant the suspension or revocation and an opportunity for the licensee to show compliance with all requirements for the retention of the license.
  2. If requested in writing within 10 days after the date of service of an order, a hearing will be conducted pursuant to Wisconsin Admin. Code ATCP § 1. Enforcement of the order will continue pending action on the hearing. A request for hearing does not automatically halt or modify a summary special order.
2. Failure to pay fees
  
  Late fees pursuant to the EH&S-EOH Fee Structure will be assessed for payments received after the fee deadline(s).
  1. Operators with a UW-Madison funding string
    
    To renew a license, the respective division/department must provide EH&S-EOH with valid funding via Accounting Services internal invoice for the annual license fee and any previous fees due before the license expires.
    
    If an applicant or operator fails to provide valid funding for any applicable fee and/or processing charge pursuant to the EH&S-EOH Fee Structure within 45 calendar days after the expiration of the license, the license is void. An operator whose license is voided under this subsection has the right to appeal.
  2. Operators without a UW-Madison funding string
    
    To renew a license, the license holder must remit payment following UW Madison Accounting Services invoice instructions for the annual license fee and any previous fees due before the license expires.
    
    If an applicant or operator fails to pay any fee and/or processing charge pursuant to the EH&S-EOH Fee Structure within 45 calendar days after the expiration of the license, the license will be void. If EH&S-EOH receives notice of insufficient funds, the applicant or operator will have 15 calendar days after receipt of notice from UW-Madison Accounting Services to pay all applicable fees and processing charges or the license is void. An operator whose license is voided under this subsection has the right to appeal the decision. The license applicant or operator must demonstrate that all fees and processing charges are paid. During any appeal process concerning a payment dispute, operation of the establishment is deemed to be in operation without a license.

Procedure:

Related UW-Madison Policies:

UW-2014, Temporary Food Service

UW-6000 Use of Facilities and Land

Related UW–Madison Documents, Web Pages, or Other Resources:

Food Safety and Licensing

Recreational Licenses

Available upon emailed request to eoh@fpm.wisc.edu:

Compliance and Enforcement Process Flow
EH&S-EOH Templates: Temporary Order, Holding Order, Holding Order Release, Notice of Non-Compliance
WI-DATCP Reinspection Criteria

External References:

Administrative Orders and Contested Cases

Wis. Admin. Code ATCP §1

Food and Recreational Licensing:

Wis. Admin. Code ATCP § 74

Food Licensing:

Wis. Admin. Code ATCP § 75

Recreational Licensing: