Wisconsin Legislature: 55,2629

93.135 (1) (nt) A license under s. 97.605 (1) or 97.67 (1) or (2m).

55,2617m Section 2617m. 93.135 (5) of the statutes is created to read:

93.135 (5) The department shall deny an application for an initial license, certification, or permit issued under s. 89.06 or 89.072, or an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06 or 89.072 to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for or hold that license, certification, or permit.

55,2618 Section 2618. 93.20 (1) of the statutes is amended to read:

93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 89, 91 to 100, or 126.

55,2619 Section 2619. 93.22 (1) of the statutes is amended to read:

93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

55,2620 Section 2620. 93.22 (2) of the statutes is amended to read:

93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

55,2621 Section 2621. 93.22 (3) of the statutes is amended to read:

93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

55,2629 Section 2629. 93.59 of the statutes is created to read:

93.59 Producer led watershed protection grants. (1) The department shall make grants for nonpoint source pollution abatement activities conducted with the assistance of producer led groups that comply with sub. (2). The department shall make a grant directly to the producer led group, except that, if the group is not a legal entity, the department may only make the grant to a legal entity on behalf of the group.

(2) The department may provide a grant under sub. (1) if all of the following apply:

(a) The producer led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed. The group may include additional agricultural producers who are not required to be operators of eligible farms.

(b) The group is formed through a memorandum of understanding with the collaborating entity under par. (c).

1. The department.

2. The department of natural resources.

3. A county land conservation committee.

4. The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.

5. A nonprofit conservation organization.

(d) The group assists agricultural producers in the watershed under par. (a) to voluntarily conduct nonpoint source water pollution abatement activities.

(e) The group contributes matching funds equal to at least 50 percent of eligible costs.

(3) A producer led group that receives, or on whose behalf a legal entity receives, a grant under this section shall annually file a report with the department describing the activities conducted with the grant and the impact of those activities on water quality in the watershed under sub. (2) (a).

(4) The department may promulgate rules that do all of the following:

(a) Define "legal entity" for the purposes of this section.

(b) Specify the application process for a grant under this section.

(5) In any fiscal year, the department may not provide more than $20,000 to any single producer-led group or legal entity on behalf of the group.

55,2636 Section 2636. 94.67 (33m) of the statutes is amended to read:

94.67 (33m) "Veterinarian" means an individual who is licensed as a veterinarian under ch. 453 89.

55,2637 Section 2637. 94.67 (33t) of the statutes is amended to read:

94.67 (33t) "Veterinary technician" means an individual who is certified as a veterinary technician under ch. 453 89.

55,2638 Section 2638. 95.21 (1) (e) of the statutes is amended to read:

95.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02 (7).

55,2639 Section 2639. 95.21 (1) (em) of the statutes is amended to read:

95.21 (1) (em) "Veterinary technician" has the meaning designated under s. 453.02 89.02 (12).

55,2640 Section 2640. 95.21 (2) (a) of the statutes is amended to read:

95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.

55,2641 Section 2641. Chapter 97 (title) of the statutes is amended to read:

CHAPTER 97

FOOD REGULATION, lodging, AND
recreation

55,2642 Section 2642. Subchapter I (title) of chapter 97 [precedes 97.01] of the statutes is created to read:

Chapter 97

Subchapter I

definitionS

55,2643 Section 2643. 97.01 (1) of the statutes is renumbered 97.01 (1r).

55,2644 Section 2644. Subchapter II (title) of chapter 97 [precedes 97.02] of the statutes is created to read:

Chapter 97

Subchapter II

Food SAFETY AND regulation

55,2645 Section 2645. 97.12 (1) of the statutes is amended to read:

97.12 (1) For the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any premises for which a license is required under this chapter or any farm, factory, warehouse, building, room, establishment or place at or in which foods are manufactured, processed, packed, packaged, stored or held for sale, and may enter any vehicle, including a vehicle used to transport or hold foods in commerce. The department and its agents may also secure samples or specimens, including samples or specimens of food and any product or substance that may affect food, examine and copy relevant documents and records, and obtain photographic and other evidence needed to enforce this chapter or a rule promulgated under this chapter. The department shall examine any samples secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this chapter. The department shall pay or offer to pay the market value of samples taken.

55,2646 Section 2646. 97.12 (5) of the statutes is created to read:

97.12 (5) Any person who fails to comply with an order issued under this chapter may be required to forfeit $50 for each day of noncompliance.

55,2647 Section 2647. 97.18 (5m) of the statutes is repealed.

55,2648 Section 2648. 97.20 (2) (e) 2. of the statutes is amended to read:

97.20 (2) (e) 2. The retail preparation and processing of meals for sale directly to consumers or through vending machines, if the preparation and processing is covered under a restaurant permit or other permit license issued under s. 254.64 97.605.

55,2649 Section 2649. 97.21 (2) (a) of the statutes is repealed.

55,2650 Section 2650. 97.21 (2) (b) (title) of the statutes is repealed.

55,2651 Section 2651. 97.21 (2) (b) of the statutes is renumbered 97.21 (2) and amended to read:

97.21 (2) Bulk milk tanker; license; grade A permit. No person may operate a bulk milk tanker to transport milk or fluid milk products in bulk for sale or distribution as grade A milk or grade A milk products without a valid grade A bulk milk tanker permit issued annually by the department or an equivalent regulatory agency in another state for that bulk milk tanker. A grade A bulk milk tanker permit is not transferable between persons or bulk milk tankers. A permit may be issued in the form of an endorsement on a bulk milk tanker license under par. (a). An application for a permit shall be made on a form provided by the department, and may be included with a license application under par. (a). The. An applicant shall include with an application for a permit proof that the bulk milk tanker has passed an inspection conducted within the preceding year by the department or an individual certified by the department to conduct bulk milk tanker inspections. Except as provided in sub. (4), the department may not charge a fee for a grade A bulk milk tanker permit issued under this paragraph.

55,2652 Section 2652. 97.21 (4) (a) of the statutes is amended to read:

97.21 (4) (a) License fee. An applicant for a bulk milk tanker or milk distributor license shall pay the license fee specified under sub. (4m).

55,2653 Section 2653. 97.21 (4) (b) of the statutes is amended to read:

97.21 (4) (b) Reinspection fee. If the department reinspects a bulk milk tanker or the vehicle or facilities of a milk distributor because the department finds a violation of this chapter or rules promulgated under this chapter, the department shall charge the bulk milk tanker operator or milk distributor the reinspection fee specified under sub. (4m). The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license permit renewal application to the bulk milk tanker operator or a license renewal application to the milk distributor.

55,2654 Section 2654. 97.21 (4) (c) of the statutes is amended to read:

97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk milk tanker operator or milk distributor license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (4m), whichever is less, if the department determines that, within one year prior to submitting the license application, the applicant operated without a license or grade A permit in violation of this section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which that results from a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.

55,2655 Section 2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and amended to read:

97.21 (4m) Fee amounts. Unless otherwise established by The department rule, shall establish the fees required under sub. (4) (a) and (b) are: by rule.

55,2656 Section 2656. 97.21 (4m) (a) of the statutes is repealed.

55,2657 Section 2657. 97.21 (4m) (b) of the statutes is repealed.

55,2658 Section 2658. 97.21 (5) of the statutes is amended to read:

97.21 (5) Licensing and permitting contingent on payment of fees. The department may not issue or renew a grade A bulk milk tanker permit or milk distributor license unless the permit or license applicant pays all fees which that are due and payable by the applicant under sub. (4), as set forth in a statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition of permitting or licensing under this section.

55,2659 Section 2659. 97.25 (3) of the statutes is amended to read:

97.25 (3) Rules. The department shall promulgate rules authorizing the operator of a dairy plant licensed under s. 97.20, or a retail food establishment licensed under s. 97.30 or a restaurant with a permit under s. 254.64 who complies with the rules to place upon the label of a dairy product the statement "Farmer-certified rBGH free." or an equivalent statement that is not false or misleading. The statement shall be based upon affidavits from milk producers stating that the milk producers do not use synthetic bovine growth hormone for the production of milk.

55,2660 Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:

97.27 (1) (b) 3. A retail food establishment , restaurant or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.

55,2661 Section 2661. 97.29 (1) (c) of the statutes is amended to read:

97.29 (1) (c) "Bottling establishment" means any place where drinking water, soda water beverage or alcohol beverage is manufactured or bottled for sale. "Bottling establishment" does not include a retail establishment engaged in the preparation and sale of beverages under a license issued under s. 125.26 or 125.51 or a restaurant permit license issued under s. 97.30 for a restaurant or other permit license issued under s. 254.64 97.605.

55,2662 Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:

97.29 (1) (g) 3. The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a restaurant permit or other permit license issued under s. 254.64 97.605.

55,2663 Section 2663. 97.29 (1) (h) of the statutes is amended to read:

97.29 (1) (h) "Food processing plant" means any place where food processing is conducted. "Food processing plant" does not include any establishment subject to the requirements of s. 97.30 or any restaurant or other an establishment holding a permit license under s. 254.64 97.605, to the extent that the activities of that establishment are covered by s. 97.30 or the permit license under s. 254.64 97.605.

55,2664 Section 2664. 97.30 (1) (c) of the statutes is amended to read:

97.30 (1) (c) "Retail food establishment" means a permanent or mobile food processing facility where food processing is conducted primarily for direct retail sale to consumers at the facility, a mobile facility from which potentially hazardous food is sold to consumers at retail or a permanent facility from which food is sold to consumers at retail, whether or not that facility sells potentially hazardous food or is engaged in food processing. "Retail food establishment" does not include includes a restaurant or other establishment temporary restaurant, but does not include an establishment holding a permit license under s. 254.64 97.605, to the extent that the activities of the establishment are covered by that permit license.

55,2665 Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:

97.30 (2) (b) 1. c. A retail food establishment which is exempted from licensing by the department by rule. If a restaurant or other an establishment for which a permit license has been issued under s. 254.64 97.605 is incidentally engaged in operating a retail food establishment at the same location, the department may exempt by rule the restaurant or establishment from licensing under this section. Rules under this subd. 1. c. shall conform to a memorandum of understanding between the department and the department of health services, under which the department of health services agrees to inspect the retail food establishment operations on behalf of the department.