Wisconsin Department of Agriculture, Trade and Consumer Protection

serving the state of wisconsin since 1839

DATCP works to assure safe food, healthy people, animals, plants and environment, vibrant agriculture and fair business practices.

  You are here:   

Consumer Law at Your Fingertips

Food Safety & Labeling

Restaurants & Vending Machines

The Wisconsin Department of Health Services (DHS) licenses and inspects restaurants and food vending machines (see Wisconsin Statutes section 254.64). Restaurants must comply with food safety standards under Wisconsin Administrative Code chapter HFS 196. These standards are based on the federal Model Food Code, and include standards for:

  • Personnel sanitation and management
  • Food sources, safe handling and storage
  • Safe temperatures and processing
  • Food identity and labeling
  • Equipment and utensils
  • Cleaning and sanitizing procedures
  • Water, plumbing and waste
  • Facility design and construction
  • Poisonous or toxic materials
  • Toilet and handwashing facilities
  • Mobile restaurants
  • Temporary restaurants

Some counties and municipalities license and inspect retail food establishments as “local agents” for DHS (see Wisconsin Statutes section 254.69). Local agents must comply with DHS rules under Wisconsin Administrative Code chapter HFS 192.

DHS (or its local agent) may suspend restaurant permits. DHS may also initiate civil or criminal enforcement actions in court. See Wisconsin Statutes sections 254.86 to 254.88.