Association Updates

WRA ALERT: The following information went into effect on July 1, 2005.

Consumer Advisory

The Consumer Advisory section of the Wisconsin Food Code now requires all restaurants to provide consumers with some form of written “reminder” that foods of animal origin eaten in a raw or undercooked form pose an increased risk of foodborne illness. The written reminder does not have to be on the menu, but must be posted in some written form, such as table tents or wall placards. This includes buffets, brunches and banquets.

All restaurants must continue to “disclose” to customers if a food of animal origin is served raw or undercooked.

The code now reads:

• DISCLOSURE shall include:
  • A description of the animal-derived foods, such as “oysters on the half shell (raw oysters),” and “raw-egg Caesar salad,” or
  • Identification of the animal-derived foods by asterisking them to a footnote which states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients, such as “rare or medium rare hamburgers or soft cooked eggs may be undercooked and only served on consumers request.”
• REMINDER shall include asterisking the animal-derived foods requiring DISCLOSURE to a footnote that states:
  • Regarding the consumption of raw or undercooked animal products, written information is available upon request; or
  • Whether dining out or preparing food at home, consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; or
  • Whether dining out or preparing food at home, consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

Ill Employee Exclusion

Employers may no longer allow employees who are ill with diarrhea or are vomiting, to work in the restaurant; they must be “excluded” from the establishment. Previously, if an employee had diarrhea or was vomiting, he could have been reassigned to non-food preparation tasks, which is called a “restriction.”

Possible exemptions for employees that have chronic gastro-intestinal conditions (like irritable bowel syndrome) or are pregnant are included in the new provision. However, even those employees cannot return to work until 24 hours after symptoms cease.

The reason for this new ill employee exclusion is new scientific evidence that many cases of the highly spreadable Noro-virus can be linked to restaurant employees shedding the virus via the fecal-oral route while working.

New Hot-Holding Temperature

Restaurants will now be able to hold all hot foods at 135°F. This five degree reduction is based on scientific evidence that 140°F is not necessary for food safety. However, restaurants may still hold products at higher temperatures if they desire.

Bare Hand Contact of Ready to Eat Foods

The section that allows restaurant operators to have an alternative, written plan that allows bare hand contact of ready to eat foods was modified to remove the formal approval process and clearly identify the requirements that must be met for bare hand contact with ready-to-eat food to occur.

This was a significant victory for our industry. (The only thing better would be the elimination of the restriction of bare hand contact altogether.) The new template and supporting information will be available on the WRA website.

Also, a note was added to this section giving information concerning latex allergies and the possible transmission of latex allergens from food worker’s gloves to food.

State Template for Bare Hand Contact Plan (PDF)

Bare Hand Contact Supplemental Information (PDF)

Time as Public Health Control

Potentially hazardous foods may be held out of cold holding temperature control from 41° F up to 70° F for up to six hours if these procedures are followed:

Written procedures must be developed and approved by your regulatory authority prior to implementing this system and must outline a plan for monitoring the warmest portion of the food or an ambient temperature to ensure that the temperature does not exceed 70° F during the six hour holding period. These approved written procedures shall be kept in the restaurant and made available to the regulatory authority upon request.

The food shall be marked or identified to indicate when the food is six hours past the time when the food was removed from refrigeration (you may use stickers or labels).
The food must be discarded after the six hours are up (in other words, if it isn’t eaten by customers in that time frame it must be thrown away).

This won’t be the right approach for everyone – the ambient air in dining room must not exceed 70° F and a good rotation system is required to avoid wasting food.

Hand Wash Sinks

Non-hand operated sinks are required for new construction or when a hand sink or sink faucet requires replacement.

Click here for more detailed information about changes to the Food Code.