OrganizationsResources on the Wisconsin Food Code made available by the Department of Agriculture, Trade and Consumer Protection (DATCP):
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FAQs
To comply with the Wisconsin Food Code’s Consumer Advisory Requirement (Section 3-603.11), a restaurant must both disclose what animal-derived menu items are served raw or undercooked, and remind the consumer of the risk of eating raw or undercooked animal products. You can comply by placing the Consumer Advisory on your menu, using a separate brochure, table tents, a placard on the wall/deli case, or other effective written means.
To meet the disclosure requirement, you must describe which animal-derived foods are served raw or undercooked in some manner, either by asterisking them to a footnote that states the food is undercooked or by a general menu description of the item.
In addition, the reminder must include asterisking animal-derived food connecting the food to a footnote explaining the risk of eating raw or undercooked animal-derived food. A good example of this is: 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.
To sum it up, you must remind customers of their risk of eating raw or undercooked animal-derived foods AND you must disclose (describe) which foods are served raw or undercooked. It is not enough just to asterisk those foods and attach to the “risk reminder.”
The state has recently updated the Wisconsin Food Code Fact Sheets and they are available on the Department of Agriculture, Trade and Consumer Protection’s website: https://datcp.wi.gov/Pages/Programs_Services/FoodCodeFactSheets.aspx
The latest update in Wisconsin’s Food Code included a change in language from Potentially Hazardous Foods (PHF) to Time/Temperature Control for Safety (TCS) Foods. This change in name better describes the reason these foods need to be given special attention. The National Restaurant Association shared the following information about TCS foods in the Manage My Restaurant section of their website, www.restaurant.org, which offers lots of helpful info on a variety of topics.
When working to prevent foodborne illness, it’s important to recognize that some food items are more likely than others to become unsafe. Those items are known as TCS food. TCS food is food that requires time-temperature control to prevent the growth of microorganisms and the production of toxins. This food contains moisture and protein and has a neutral or slightly acidic pH.
Most bacteria need nutrients such as carbohydrates or proteins to survive. Also, bacteria grow best in food that contains little or no acid. pH is the measure of acidity. The pH scale ranges from 0 to 14.0. A value of 0 is highly acidic, while a value of 14.0 is highly alkaline. A value of 7.0 is neutral. TCS food items generally have a pH of 7.5 to 4.6.
Bacteria need time to grow and grow rapidly when being held in the temperature danger zone (between 41˚F and 135˚F (5˚C and 57˚C). The more time bacteria spend in this temperature zone, the more opportunity they have to grow to unsafe levels. Be sure to keep an eye on your time and temperature control when preparing these food items.
It would be a good practice to ask if the farm carries liability insurance for the products they are selling. Society Insurance, WRA’s endorsed insurance provider, recommends that you request a certificate of insurance so you can verify that they have liability insurance. If you want to “go deeper” in terms of really protecting your business you could request that your restaurant be named as “additional insured” on their liability policy. In the event that there is a foodborne illness traced back to their farm, their insurance company would be the one to handle a related claim or lawsuit on behalf of your restaurant.
There are also some resources available to you from the state to help you make sure that the farm you are partnering with is following safe growing practices. Locally grown fresh fruits and vegetables are in big demand, and Wisconsin farmers have stepped up to meet that demand. But consumers, restaurants and grocery stores also need to know that local produce is safe. The Department of Agriculture, Trade and Consumer Protection (DATCP) has created online tools to help restaurants learn how to evaluate a supplier’s food safety practices. “Locally Grown: Making it Safe” is a helpful and well-designed publication which can be downloaded free of cost at datcp.wi.gov. Another tool for restaurants is DATCP’s“Evaluating Food Safety Practices at Local Produce Farms Checklist.”
There are some things you need to think about before you create a policy on this. If you are in the business of selling food, why do you want to allow customers to bring in their own food to your restaurant? If a component of your business is to host private parties and you’re at least getting money for a room charge, then OK, but you should think about it from a business standpoint. If you had a hair salon you probably wouldn’t let people come in with their own shampoo, scissors, nail polish, etc. and then use your sinks, chairs, mirrors and equipment to give each other haircuts and manicures without paying for any of your services.
Another factor is potentially bad PR or media attention. If anyone gets sick from food served in your business, it will be a negative for you. It doesn’t matter if the food was prepared by you or by the party hosts in their homes, your business name will be associated with the illness. If people read about a Norovirus outbreak involving your restaurant, the damage may already be done in terms of your reputation. They may just read the headline and not the last paragraph that reveals that the health department traced it back to the frosting that Aunt Rhoda made.
Now for the Wisconsin Food Code rules... food served in your restaurant must come from a source that complies with the Food Code. (No food prepared from home.)
Therefore if someone is going to have an event at your restaurant, the food must come from a licensed facility. If food is going to be served to the public (or general people entering your dining room) you must have a receipt showing that the food came from a licensed facility.
The only exception to that is if it is truly a private function. For example, a birthday party where only invited guests are allowed to participate in the event – then it could be a potluck with attendees bringing in the food. While the Food Code says food prepared in a private home cannot be served, this does not apply to truly private functions. That means those guests are pre-invited, and it’s not a situation where everyone who enters the dining room that day is invited and can accept or decline.
If it is a birthday party where there is a sign posted in the entrance of the restaurant saying, “Join us for Joe’s birthday.” That is not a private event, so any food served would need to be made in your facility or purchased from a licensed facility. In addition to the event being private, there cannot be a charge for the event.
Remember, you can have your own broad policy that stipulates that any outside food must come from a licensed facility if you are more comfortable with that. You may also want to check with your insurance company to find out if they have any restrictions since they might be concerned about potential liability. Then we’re sort of back to the beginning with my question about whether it makes good business sense to have customers bringing in food from other sources to a place that makes and sells food.
In addition to the foodborne illnesses, (Norovirus, Hepatitis A virus, Shigella spp., Shiga toxin-producing Escherichia Coli, (e.g. E. coli 0157:H7) Typhoid fever (caused by Salmonella Typhi); or Salmonella (nontyphoidal)), the Wisconsin Food Code requires employees to inform the manager on duty if he/she is ill with the following: diarrhea, vomiting, jaundice, sore throat with fever, wound or boil that contains pus on exposed skin or it they are living with a household member diagnosed with a foodborne illness – or living with a household member attending or working in a setting where there has been a confirmed foodborne illness outbreak or had Typhoid fever, diagnosed by a health practitioner within the past 3 months without having received antibiotic therapy, as determined by a health practitioner.
Download the English and/or Spanish poster here.
OSHA requires businesses to have a first aid supplies on hand. Per OSHA, “In the absence of an infirmary, clinic or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.” A kit is good to have but the agency does not stipulate what exactly must be included in the first aid kit. Be sure to maintain your kit with supplies adequate to treat your most common injuries.
MORE INFO FROM WRA
MORE INFO FROM OSHA
ARTICLE FROM SAFETY AND HEALTH MAGAZINE
No. It is not a Food Code violation. Restaurant employees may have fake or polished fingernails as long as they wear gloves while engaged in food preparation.
Waitstaff can serve food without gloves, but must put them on when directly working with food, such as preparing a customer’s salad.
You can create a policy for your establishment that no employees are allowed to wear fake or polished fingernails. The issue of nail polish and fake nails is something you can decide in your grooming/dress policy. The key is to make a policy and then enforce it consistently.
No. It is fine to display live plants in your dining area. You may want to avoid flowering plants because they are more likely to bother customers with allergies and may also produce an odor (even if it is a pleasant odor) that could possibly bother some customers.
No. The Wisconsin Food Code does indeed require hair restraints, but not specifically hairnets to prevent hair from coming in contact with food, equipment and utensils. Counter staff and servers are not required to have hair restraints if they pose a minimal risk.
There are no specifics that dictate at what hair length hair restraints are required, because it depends on the person, their own personal hygiene and their job tasks. Most shorter haired people can wear a hat. A good rule of thumb is that if the hair falls forward over food and work surfaces during job tasks, then a ponytail or other restraint would be warranted.
Hair restraints must be able to effectively restrain the hair. Headbands do not cover the entirety of the hair region and therefore would not qualify as a restraint.
No. You cannot re-use food that came in contact with customers, even if it appears to have been untouched. The Wisconsin Food Code specifies that “after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.
No. The Wisconsin Food Code does not allow hand sanitizers – preferably called hand antiseptics - as a replacement for handwashing. However, if used immediately following proper handwashing, hand antiseptics provide an additional barrier to cross-contamination. It is important to note that ingredients used in hand antiseptics must be approved as food additives in order to be used in the retail and foodservice industry. Check with your chemical supplier to see what approved hand antiseptics they offer.
Alcohol-based hand gels are effective against some bacteria but have minimal effect on viruses such as Noroviruses and the Hepatitis A virus. In addition, the foodservice environment involves the presence of wet hands and fatty materials on hands, and research has demonstrated that hand sanitizers do not remove these materials effectively.
The law doesn’t forbid shorts (or open-toed shoes for that matter), but you certainly may prohibit them as part of your dress code policy.
Employers have a lot of latitude when it comes to dress code. Wisconsin’s Food Code only requires clean outerwear and proper hair restraints for food prep workers. Beyond that you can establish any clothing or grooming policies you believe are appropriate for your restaurant. The key is to enforce your policy consistently once you establish it.
When things are hot in the kitchen your employees may not necessarily see that long pants and closed-toe shoes make sense from a safety standpoint, but ultimately it is your decision.
If you are located in the city of Madison, pay special attention to the City Ordinance regarding physical appearance. More Info on City of Madison ordinance.
No. The Wisconsin Food Code requires that handwashing sinks need to have individual disposable towels for employees to dry their hands after handwashing.
No. Allowing customers to bring in their own container for a take home meal that requires time/temperature control for safety is a violation of the Wisconsin Food Code 3.304.17 Refilling Returnables. That would include most food prepared in a restaurant.
The science behind the code is that a restaurant or grocery store has no control over how the container was washed/sanitized, therefore it has no control to what contaminants may be inside or on the outside of the container. This introduces risk to the establishment. If the inside was contaminated, then the take home food will also be contaminated, possibly causing a foodborne illness that was not the fault of the establishment. If the outside was contaminated, then that virus/bacteria could have been introduced into the restaurant.
The Department of Agriculture, Trade and Consumer Protection indicates that dogs are allowed in outside seating areas of restaurants when other parameters are followed. In the past, a variance was required but that is no longer the case. This change went into effect when the Wisconsin Food Code was updated in late October of 2020.
Yes, hand dryers are safe for customers to use in public restrooms, although the preferred method continues to be single-use hand towels.
However, each sink used for employee handwashing must be provided with individual disposable towels per the Wisconsin Food Code. After proper handwashing with soap and water (including under your nails) for 20 seconds or more, it is also important to thoroughly dry your hands. According to the CDC, germs can be transferred more easily to and from wet hands. Therefore, hands should be thoroughly dried after washing. Again, the Wisconsin Food Code requires that employees use single-use towels for hand drying and each handwashing sink or group of adjacent handwashing sinks shall be provided with individual disposable towels. Refer to section 6-301.12 (page 576) of the Wisconsin Administrative Code ATCP 75 Appendix.
MORE INFO
HANDWASHING POSTERS FROM WRA
CDC HANDWASHING - HOW AND WHEN
HANDWASHING FACT SHEET
WRA hosts both online and in-person ServSafe review sessions to help prepare you for taking the ServSafe Certified Food Protection Manager proctored exam. You can take the exam at the in-person review sessions or arrange for an online proctored exam.
More Info / Register for ServSafe Manager Online Bundle or Live Review Session
How establishments are defined impacts who needs to have a Certified Food Protection Manager (CFPM, previously known as CFM):
a. Food Establishment. An operation that stores, prepares, packages, serves, or vends food directly to the consumer. This includes restaurants, retail, convenience stores, feeding location, catering operations, vending, institutions or a food bank.
b. If your establishment meets this definition than you will be required to have a Certified Food Protection Manager (CFPM). A food establishment has 90 days to have an employee or manager obtain the Certified Food Protection Manager certification (12-201.11).
No. While dogs are allowed on patios as long as certain food safety precautions are in place, you are not allowed to provide food to the dogs for free or for purchase and owners may not feed their dogs any food while at your
establishment.
Water can be made available in disposable bowls.
Consumers are ordering foods through take-out and delivery in greater numbers than ever before. They want to know it is safe.
The National Restaurant Association and Ecolab are great resources for food safety solutions. Download more information here:
National Restaurant Association Tips for Successful Takeout
Ecolab Meal Deliveries and Restaurant Takeout Tips
It is important to follow proper cleaning and sanitizing practices for condiments – both in bottles and packages. Bottles on tables and pump dispensers should be safely cleaned and sanitized frequently. Best practice is to clean bottles on tables between each customer use.
Per Section 3-603.11 of the Wisconsin Food Code and the Food and Drug Administration (FDA) Food Code, if animal foods such as beef, eggs, fish, lamb, pork, poultry, or seafood are served or sold raw, undercooked, or without otherwise being processed to eliminate disease-causing microorganisms (pathogens), the consumer must be made aware of the risk by a written DISCLOSURE and REMINDER statement.
You can comply by placing the Consumer Advisory on your menu, using a separate brochure, table tent, place card on the wall/deli case or other effective written means.
All food should first be wrapped or covered to prevent cross contamination. All food must be stored at least 6” above the floor of your cooler. In addition, raw foods which require higher cooking temperatures must be stored below or separately from foods requiring lower cooking temperatures to prevent cross contamination.
Yes. However, pre-setting tables with utensils and glasses can be a violation if not done properly. All glasses and cups should be stored inverted and utensils must be protected from contaminants. Leaving glasses upright and utensils exposed on your tables overnight is not allowed. So, wrap or cover utensils and invert all glasses, cups and plates to protect from contaminants. When guests are seated, you must remove the extra place settings to prevent any contamination.
