Adams County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural practices — See Ch. 130.
Animals — See Ch. 145.
Mass public assemblies — See Ch. 151.
Hazardous materials — See Ch. 221.
Sewers and sewage disposal — See Ch. 294.
Solid waste — See Ch. 306.
Tattoo and body piercing establishments — See Ch. 325.
Tobacco products and smoking — See Ch. 332.
[Adopted 9-20-2016 by Ord. No. 19-2016]
This article shall be applied to promote its underlying purpose of protecting the public health.
A. 
Applicability. The provisions of this article shall apply to any facility or establishment used by the general public that requires a permit or license under this regulation, a Wisconsin Administrative Code, or a Wisconsin state statute adopted by reference in this regulation. These provisions apply to any temporary food stand or traveling mobile food service that sells or serves food to the public whether it is exempt from licensing or is a licensed vendor.
B. 
Wisconsin Administrative Code provisions. The provisions of Chapter ATCP 75 and ATCP 75, Appendix A, Wisconsin Food Code, of the Wisconsin Administrative Code, as hereby constituted or as hereafter amended, are made a part of this article as if set forth here in detail.
As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT
The Adams County Health and Human Services Department and its employees.
EMPLOYEE
A person working in a food establishment who transports food or food containers, who engages in food preparation or service or who comes in contact with any food or beverage, food utensils, containers or equipment.
FOOD
A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
FOOD ESTABLISHMENT
Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes restaurants, retail food establishments, any place where food is stored or held for sale, or any vehicle used to transport or hold foods in commerce, temporary food establishments, mobile restaurants, mobile retail food establishments and delicatessen-type operations that prepare sandwiches intended for individual portion service and people doing catering work for profit. The term does not include private homes when the food is prepared or served for individual family consumption, food vending machine locations and vending supply vehicles.
HEALTH AND HUMAN SERVICES BOARD
The Adams County Health and Human Services Board and its authorized representatives.
HEALTH HAZARD
A substance, activity or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or to cause a negative impact on the health of the public.
HEALTH OFFICER
The Health Officer of Adams County and his/her authorized agents.
PERMIT or LICENSE
A County of Adams operator's permit, and shall include permits issued to any facility or establishment used by the general public that requires a permit or license under this regulation, a Wisconsin Administrative Code, or a Wisconsin state statute adopted by reference in this regulation. These include full-service restaurant permits, prepackaged restaurant permits, mobile restaurant permits, and mobile retail food establishment and temporary restaurant permits and retail food establishments as defined by Ch. ATCP 75, Wis. Adm. Code, and Chs. 93 and 97, Wis. Stats. The terms "permit" and "license" are synonymous.
POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)
A food that is natural or synthetic and that requires time/temperature control for safety (TCS) because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, or the production of toxins, the growth and toxin production of Clostridium botulinum, or in raw shell eggs the growth of Salmonella enteritidis. Potentially hazardous foods include a food of animal origin that is raw or heat-treated; a heat-treated food of plant origin or consisting of raw seed sprouts; cut melons; cut tomatoes; cut leafy greens; garlic-in-oil mixtures not modified to prevent toxigenic growth; and meringues, cream or custard pies, whipped cream, etc. Potentially hazardous foods do not include cakes, cookies, bars, candies, bread, or foods that do not support the growth of microorganisms (aw value of 0.85 or less, or pH of 4.6 or below).
A. 
General.
(1) 
No person shall operate a food establishment within Adams County who does not have a valid license issued to him by the Department, unless otherwise exempted in this article.
(2) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
(3) 
Licenses are not transferable.
(4) 
A valid license shall be posted in every food establishment.
(5) 
The Department may deny a license to anyone who hinders the inspection of a facility or fails to pay a license or inspection fee.
B. 
Application.
(1) 
Applications for a license shall be made upon such forms supplied and prescribed by the Department.
(2) 
Prior to approval of an application for a license, the Department shall inspect the establishment to determine compliance with the requirements of this article, and applicable license fees must be paid.
C. 
Exceptions to license requirements.
(1) 
Bake sales. Items which are not potentially hazardous such as candies, cakes, and cookies sold by nonprofit organizations for fund-raising projects may be sold without a license.
(2) 
Food and beverages sold or served by nonprofit organizations, or as otherwise authorized by law, to the general public are exempted from this article, provided that such service does not exceed three days per year. Coffee and doughnut hours at churches are exempt from this article. All food service, whether licensed or exempt from licensing, must comply with Chapter ATCP 75, Appendix A, Wisconsin Food Code, Wisconsin Administrative Code.
(3) 
Rabbits, eggs and poultry sold directly from a farm, fruits and vegetables, honey and maple syrup (not sold wholesale) are exempt from licensing under this article.
D. 
Inspection.
(1) 
All licensed restaurants and retail food establishments will be inspected at least annually by an Adams County Health and Human Services Department Environmental Health Specialist/Assistant. The inspection report will list violations of the applicable Administrative Code, or Wisconsin Food Code, code citation, and corrective action required. If a CDC risk factor violation cannot be corrected on site or if there are repeat violations during three consecutive inspections, a reinspection will be scheduled. Food establishments with a reinspection will be required to increase active managerial control by engaging in a long-term risk control plan for the establishment. The operator will utilize standard operating procedures, menu modifications, buyer specifications, or suppliers utilizing a Hazard Analysis and Critical Control Points (HACCP) plan in their processes to ensure the safety of their food products.
(2) 
Temporary restaurants, mobile restaurants, and mobile retail food establishments are subject to inspection and licensing. If these establishments are inspected but not licensed, an inspection fee may be charged per § 66.0628, Wis. Stats.
A. 
Suspension.
(1) 
The Health Officer may, without warning, notice or hearing, suspend the license if the holder does not comply with the requirements of this article or if the operation of the establishment otherwise constitutes a health hazard. When a license is suspended, food service operations shall immediately cease. Whenever a license is suspended, the holder shall be afforded an opportunity for a hearing before the Health and Human Services Board within 20 days of receipt, by the Health Officer, of a written request for a hearing.
(2) 
Whenever a license is suspended, the holder or his/her agent in charge shall be notified in writing that the license is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the Department by the holder of the license within 10 days. If no written request for hearing is filed within 10 days, the suspension is sustained. The Department may end the suspension at any time if reasons for suspension no longer exist.
B. 
Revocation of license.
(1) 
The Department may, after providing opportunity for hearing, revoke a license for serious or repeated violations of any of the requirements of this article or for interference with the Department in the performance of its responsibilities.
(2) 
Prior to revocation, the Department shall notify, in writing, the holder of the license or his/her agent in charge of the specific reason(s) for which the license is to be revoked and that the license shall be revoked at the end of the 10 days following service of such notice unless a written request for hearing is filed with the Department by the holder of the license within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the license becomes final.
C. 
Services of notice. A notice provided for in this article is properly served when it is delivered to the holder of the license, or his/her agent in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the license. A copy of the notice shall be filed in the records of the licensed establishment.
D. 
Hearings. The hearings provided for in this article shall be conducted by the Health and Human Services Board or its designee at a time and place designated by it. The Health and Human Services Board shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the license by the Health Officer. A decision made by the Health and Human Services Board may be appealed to Adams County Circuit Court.
E. 
Application after revocation. Whenever a revocation of a license has become final, the holder of the revoked license may make written application for a new license.
A. 
Inspection procedures and enforcement policy. The Adams County Health and Human Services Department Environmental Health staff shall follow the Licensing and Inspection Policy and Procedure as adopted and amended. This policy applies to restaurants and retail food establishments.
B. 
Access. Representatives of the Department, after proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this regulation.
C. 
Procedure when infectious or toxic substance is suspected. Food may be collected for analysis, and food preparation premises may be inspected by the Department as often as necessary for enforcement of this article. The Department may, upon written notice to the owner or his/her agent in charge, specify the reasons therefor and place a hold order on any food which it reasonably believes is in violation of any section of this regulation. The Department shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The Department shall permit storage of the food under conditions specified in the hold order unless storage is not possible without risk to the public health, in which case destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within 10 days and that if no hearing is requested the food shall be held for a period of 14 days from the date of delivery of the hold order, pursuant to § 97.12(2)(a), Wis. Stats. The hold order may be extended an additional 14 days if necessary to complete the analysis or examination of the food. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of evidence produced at the hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provision of this article.
Any person who violates any provision of this article shall forfeit not less than $100 nor more than $1,000. Each and every violation of the provisions of this article shall constitute a separate offense. Each day a violation exists shall constitute a separate offense.
[Adopted 10-25-2016 by Ord. No. 20-2016]
This article shall be referred to as the "Adams County Public Health Ordinance."
This article shall be administered by the Health and Human Services Board and its authorized representatives, in cooperation with the appropriate state agencies.
The provisions of this article shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any power granted by law.
This article is adopted pursuant to the authority granted by law, including §§ 59.70, 59.54, 66.0119, 66.0417 and 101.935 and Chs. 93, 97, 250, 251, 252, 254, 463 and 823, Wis. Stats., and as further updated or modified by the Wisconsin State Legislature.
The purpose of this article is to protect the public health, safety, environment and general welfare of the people of Adams County.
As used in this article, the following terms shall have the meanings indicated:
COUNTY
Refers to Adams County, Wisconsin.
DEPARTMENT
Refers to the Adams County Health and Human Services Department and its employees.
HEALTH AND HUMAN SERVICES BOARD
Refers to the Adams County Health and Human Services Board and its authorized representatives.
HEALTH HAZARD
A substance, activity or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or to cause a negative impact on the health of the public. Health hazards include the following:
A. 
All decayed or unwholesome food offered for sale to the public.
B. 
All diseased animals with the potential for transmission of disease to humans.
C. 
Carcasses of dead animals not buried, properly composted, or disposed of using an approved disposal method within 24 hours after death.
D. 
Accumulations of manure, rubbish, garbage, refuse and human and industrial or noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes.
E. 
Privy vaults or garbage cans which are not flytight.
F. 
The pollution of any well, groundwater aquifer, or body of water by sewage or industrial wastes, fertilizers and toxic pesticides, or other substances harmful to human beings.
G. 
Dense smoke, noxious fumes or odors, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust, toxic pesticides by drift or overspray, or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person.
H. 
All infestations of vermin that may be involved in the transmission of communicable disease and infestations of pests of significant public health importance.
I. 
The keeping of animals or fowl in close proximity to residences, schools, hospitals, public or semipublic buildings, playgrounds, parks, and other public places, except pet cats and dogs, animals in public or licensed zoos, farm animals on farms and any animals or fowl in laboratories.
J. 
To rent, lease, or use quarters for human habitation which are declared unfit for human habitation by the Department. For the purpose of this article, "unfit for human habitation" includes, but is not limited to, lacking potable water, a properly designed and functioning wastewater disposal system, or an adequate and functioning heating system.
K. 
All other acts, practices, conduct, businesses, occupations, callings, trades, uses of property, and all other things detrimental to the health of the inhabitants of Adams County, Wisconsin.
PERMIT/LICENSE
Are synonymous and used interchangeably. Both refer to a document issued by the Environmental Health Section of the Adams County Health and Human Services Department to allow the operation of a public facility.
PERSON
Any individual, firm, institution, corporation, society, or other entity.
PUBLIC FACILITY
Any facility used by the public that requires a permit under this article or a state code adopted by reference. "Public facility or establishment" means any facility or establishment used by the general public that requires a permit or license under this regulation, a Wisconsin Administrative Code, or a Wisconsin state statute adopted by reference in this article.
The Department shall have the following powers and duties:
A. 
To ensure compliance with the purpose of this article and applicable laws.
B. 
To issue and deny licenses in compliance with this article.
C. 
To maintain records of public facilities, inspections made, and other official actions.
D. 
To enforce the provisions of this article and applicable laws.
E. 
To enter any structure or premises, during reasonable hours, to perform inspections to determine compliance with this article. In the event that an owner or occupant, or user, a person with authority, or mortgage holder refuses entry, an inspection warrant under § 66.0119, Wis. Stats., may be obtained.
F. 
To order abatement or correction of any human health hazards. In the event the person made an unsuccessful personal attempt to abate the health hazard, the Department may order the person to hire a licensed or certified professional to do so.
G. 
To license any public facility as provided in this article.
H. 
To prohibit the use of a public facility until it has been inspected and a license issued.
I. 
To revoke or suspend the license of a public facility which has been determined to present a potential for a health hazard or is in noncompliance with this article.
J. 
Any action authorized under law to ensure compliance with the purpose of this article.
K. 
To deny a license to anyone who hinders the inspection of a facility or fails to pay a license or inspection fee.
A. 
Orders. When a violation of this article occurs, the Department may issue a written order. The order shall specify the violation, the steps to abate the violation, and a time period ranging from immediate steps to protect the public to up to 30 days for abatement.
B. 
Noncompliance with order. If a person does not comply with an order of the Department or Health and Human Services Board, the person may be subject to one or more of the following actions:
(1) 
Initiation of legal action seeking a court-imposed forfeiture and/or imprisonment.
(2) 
Initiation of legal action seeking injunctive relief to abate the violation and/or correct the damage created by the violation.
(3) 
Suspension or revocation of a County-issued permit.
(4) 
Any other action authorized by applicable laws as deemed necessary by the Department or Health and Human Services Board.
C. 
Initiation of legal action. Legal action, when requested by the Health and Human Services Board, shall be initiated by the Adams County Corporation Counsel or referred to the Adams County District Attorney.
Any person who maintains a health hazard as declared in this article or who violates any of the provisions in this article, as specifically set forth herein or as incorporated herein by reference, shall forfeit not less than $100 and not more than $1,000 for each violation. Each day that a violation exists shall constitute a separate offense.
The Adams County Health and Human Services Board shall review and set Department fees.
It is the intention of the Adams County Health and Human Services Board and the Department that any changes to and renumbering of the adopted provisions are similarly adopted by Adams County.
A. 
Public swimming pools and water attractions.
(1) 
Chapter SPS 390, Wis. Adm. Code, titled "Design and Construction of Public Swimming Pools and Water Attractions," and Chapter ATCP 76, Wis. Adm. Code, titled "Safety, Maintenance and Operation of Public Pools and Water Attractions," are hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.615, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
B. 
Recreational and educational camps.
(1) 
Chapter ATCP 78, Wis. Adm. Code, titled "Recreational and Educational Camps," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.615, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
C. 
Manufactured home communities.
(1) 
Chapter SPS 326, Wis. Adm. Code, titled "Manufactured Home Communities," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 101.935, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
D. 
Campgrounds.
(1) 
Chapter ATCP 79, Wis. Adm. Code, titled "Campgrounds," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.615, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
E. 
Hotels, motels, and tourist rooming houses.
(1) 
Chapter ATCP 72, Wis. Adm. Code, titled "Hotels, Motels, and Tourist Rooming Houses," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.615, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
F. 
Bed-and-breakfast establishments.
(1) 
Chapter ATCP 73, Wis. Adm. Code, titled "Bed-and-Breakfast Establishments," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.615, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
G. 
Tattooing and body piercing.
(1) 
Chapter SPS 221, Wis. Adm. Code, titled "Tattooing and Body Piercing," is hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
Any other activity, such as branding, scarification, microdermal anchors, or implantation, that does not fall under the definition of "tattooing" or "body piercing" is prohibited unless performed by a licensed physician.
(4) 
If any city or village becomes an agent under § 463.16, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(5) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
H. 
Retail food establishments.
(1) 
Chapter ATCP 75, Wis. Adm. Code, titled "Retail Food Establishments," and Chapter ATCP 75, Appendix A, Wisconsin Food Code, are hereby adopted by reference.
(2) 
Annual licenses shall be issued and fees collected prior to operation.
(3) 
If any city or village becomes an agent under § 97.41, Wis. Stats., then the provisions of this section shall not apply in that agent's jurisdiction.
(4) 
Only a person who complies with the requirements of this article and applicable regulations of other governmental entities shall be entitled to receive or retain a license.
Section 8-5, Prevention of Foodborne Disease Transmission by Employees, of the United States Public Health Service 2013 Food and Drug Administration Food Code is hereby adopted by reference.