Foodservice Laws & Regulations
Stay current on state and federal laws as they pertain to the Food Code, employment regulations and more. Simple-to-understand laws and regulations are interpreted for Wisconsin foodservice and restaurant operators in WRA’s HERO Manual which includes FAQs on the laws in easy-to-understand language. Below are some important topics, several of which are covered in the HERO.
- Food Safety Fact Sheets (DATCP)
- Wisconsin Food Code Forms and Publications (DHS)
- Food Code – Administrative Code
- Food Code Guide (PDF)
- Bare Hand Contact (PDF)
- Sick Employee Poster (PDF) English | Spanish
- Foodborne Illness Response Guidelines
- Nine Tips to Prepare for a Health Inspection
- Teen Labor (PDF) English | Spanish
- Minimum Wage (PDF)
- State vs. Federal (PDF)
Guide to laws and regulations for restaurant owners
STATE VS FEDERAL LAW
All Wisconsin restaurants must comply with Wisconsin state labor laws. Restaurants meeting certain criteria are covered by the Federal Labor Standards Act (FLSA) and must obey federal laws in addition to state laws. If the two laws differ, you must follow the stricter of the two laws -- in other words, the law most beneficial to the employee. The WRA HERO manual will outline both state and federal law where applicable.
You must obey state and federal laws if:
- Your business has an annual gross revenue of $500,000 or more.
- You do not meet the revenue criteria but you have employees who are engaged in “interstate commerce.” Example: servers who handle credit cards are engaged in interstate commerce because credit card transactions cross state lines. In this case, you would apply federal and state law to those employees handling the credit cards and only the state law to the rest of your employees. Note: You must count the revenue of your entire business “enterprise” in the calculation. If you own other retail businesses, even if they are separate corporations, the sales must be added together.
If you do not meet the above criteria, you only need to follow state law.