1. (1) License.

   1. (a) Retail food establishment activities. Except as provided under par. (b), any operator who conducts food preparation activities or conducts retail food sales of TCS foods shall meet the requirements under ch. ATCP 75 and obtain a retail food establishment license.

   2. (b) Allowable food items offered to guests. The operator may provide any of the following without obtaining a retail food establishment license: _P

      1. 1. Non-TCS prepackaged food items including cookies, crackers, popcorn, pretzels, coffee and other food items that do not require hot or cold holding for food safety.
      2. 2. Dry bulk spices such as salt and pepper.

      3. 3. Grocery shopping as requested by the guest. The operator shall meet all of the following:

         1. a. All TCS food items shall be delivered and placed under refrigeration in the individually keyed unit or stored in a commercial refrigeration unit at the lodging facility within 2-hours after purchase. _P

         2. b. Before food is placed in a guest refrigerator, the temperature of the refrigerator shall be 41° F or below and verified by using an approved temperature measuring device. _P

            Note: Contact the municipal clerk in regard to providing alcoholic beverages.

2. (2) Ice.

   1. (a) Source. All ice used in a lodging facility for cooling drinks or food by direct contact shall be made from a potable water supply pursuant to s. ATCP 72.16 (2). _P
   2. (b) Self-service commercial ice makers. All self-service commercial ice makers shall be of the mechanical dispensing type unless ice is dispensed by an employee.
   3. (c) Utensils used for ice. Ice tongs or ice scoops used by employees shall be properly stored on a clean surface protected against contamination. If stored directly in ice, ice scoops and tongs shall be stored with their handles above the top of the ice.
3. (3) Removal of food and ice. TCS foods and opened non-TCS food items including ice, shall be removed from the individually keyed unit after guest check out and before assigned to another guest. _Pf

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26.