SB21,2656 10Section 2656. 97.21 (4m) (a) of the statutes is repealed.
SB21,2657 11Section 2657. 97.21 (4m) (b) of the statutes is repealed.
SB21,2658 12Section 2658. 97.21 (5) of the statutes is amended to read:
SB21,1059,1913 97.21 (5) Licensing and permitting contingent on payment of fees. The
14department may not issue or renew a grade A bulk milk tanker permit or milk
15distributor license unless the permit or license applicant pays all fees which that are
16due and payable by the applicant under sub. (4), as set forth in a statement from the
17department. The department shall refund a fee paid under protest if the department
18determines that the fee was not due and payable as a condition of permitting or
19licensing under this section.
SB21,2659 20Section 2659. 97.25 (3) of the statutes is amended to read:
SB21,1060,321 97.25 (3) Rules. The department shall promulgate rules authorizing the
22operator of a dairy plant licensed under s. 97.20, or a retail food establishment
23licensed under s. 97.30 or a restaurant with a permit under s. 254.64 who complies
24with the rules to place upon the label of a dairy product the statement
25"Farmer-certified rBGH free." or an equivalent statement that is not false or

1misleading. The statement shall be based upon affidavits from milk producers
2stating that the milk producers do not use synthetic bovine growth hormone for the
3production of milk.
SB21,2660 4Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:
SB21,1060,65 97.27 (1) (b) 3. A retail food establishment, restaurant or other retail facility
6at which food is stored on a temporary basis incidental to retail preparation or sale.
SB21,2661 7Section 2661. 97.29 (1) (c) of the statutes is amended to read:
SB21,1060,138 97.29 (1) (c) "Bottling establishment" means any place where drinking water,
9soda water beverage or alcohol beverage is manufactured or bottled for sale.
10"Bottling establishment" does not include a retail establishment engaged in the
11preparation and sale of beverages under a license issued under s. 125.26 or 125.51
12or a restaurant permit license issued under s. 97.30 for a restaurant or other permit
13license issued under s. 254.64 97.605.
SB21,2662 14Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:
SB21,1060,1815 97.29 (1) (g) 3. The retail preparation and processing of meals for sale directly
16to consumers or through vending machines if the preparation and processing is
17covered under a restaurant permit or other permit license issued under s. 254.64
1897.605.
SB21,2663 19Section 2663. 97.29 (1) (h) of the statutes is amended to read:
SB21,1060,2420 97.29 (1) (h) "Food processing plant" means any place where food processing
21is conducted. "Food processing plant" does not include any establishment subject to
22the requirements of s. 97.30 or any restaurant or other an establishment holding a
23permit license under s. 254.64 97.605, to the extent that the activities of that
24establishment are covered by s. 97.30 or the permit license under s. 254.64 97.605.
SB21,2664 25Section 2664. 97.30 (1) (c) of the statutes is amended to read:
SB21,1061,9
197.30 (1) (c) "Retail food establishment" means a permanent or mobile food
2processing facility where food processing is conducted primarily for direct retail sale
3to consumers at the facility, a mobile facility from which potentially hazardous food
4is sold to consumers at retail or a permanent facility from which food is sold to
5consumers at retail, whether or not that facility sells potentially hazardous food or
6is engaged in food processing. "Retail food establishment" does not include includes
7a restaurant or other establishment temporary restaurant, but does not include an
8establishment
holding a permit license under s. 254.64 97.605, to the extent that the
9activities of the establishment are covered by that permit license.
SB21,2665 10Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:
SB21,1061,1911 97.30 (2) (b) 1. c. A retail food establishment which is exempted from licensing
12by the department by rule. If a restaurant or other an establishment for which a
13permit license has been issued under s. 254.64 97.605 is incidentally engaged in
14operating a retail food establishment at the same location, the department may
15exempt by rule the restaurant or establishment from licensing under this section.
16Rules under this subd. 1. c. shall conform to a memorandum of understanding
17between the department and the department of health services, under which the
18department of health services agrees to inspect the retail food establishment
19operations on behalf of the department.
SB21,2666 20Section 2666. 97.30 (2) (c) of the statutes is created to read:
SB21,1062,221 97.30 (2) (c) Pre-licensing inspection. The department or an agent city or
22county may not issue a license for a new retail food establishment until it inspects
23the new retail food establishment for compliance with this section and rules
24promulgated under this section. A licensed retail food establishment is not
25considered a new retail food establishment under this paragraph solely because of

1a change in ownership, or solely because of alterations in the retail food
2establishment.
SB21,2667 3Section 2667. 97.30 (3m) (intro.) of the statutes is amended to read:
SB21,1062,74 97.30 (3m) Fee amounts. (intro.) The department shall specify by rule the
5amount of the fees under sub. (3) for a restaurant.
Unless otherwise required by
6department rule, the fees required under sub. (3) for a retail food establishment other
7than a restaurant
are:
SB21,2668 8Section 2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:
SB21,1062,119 97.30 (3m) (a) (intro.) For a retail food establishment , other than a restaurant,
10that has annual food sales of $25,000 or more but less than $1,000,000 and that
11processes potentially hazardous food, the following amounts:
SB21,2669 12Section 2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:
SB21,1062,1513 97.30 (3m) (b) (intro.) For a retail food establishment , other than a restaurant,
14that has annual food sales of $1,000,000 or more and that processes potentially
15hazardous food, the following amounts:
SB21,2670 16Section 2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:
SB21,1062,1917 97.30 (3m) (c) (intro.) For a retail food establishment , other than a restaurant,
18that has annual food sales of $25,000 or more and that is engaged in food processing,
19but that does not process potentially hazardous food, the following amounts:
SB21,2671 20Section 2671. 97.30 (3m) (cm) of the statutes is amended to read:
SB21,1062,2321 97.30 (3m) (cm) For a retail food establishment, other than a restaurant, that
22has annual food sales of less than $25,000 and that is engaged in food processing, an
23annual license fee of $40 and a reinspection fee of $40.
SB21,2672 24Section 2672. 97.30 (3m) (d) of the statutes is amended to read:
SB21,1063,3
197.30 (3m) (d) For a retail food establishment , other than a restaurant, that
2is not engaged in food processing, an annual license fee of $20 and a reinspection fee
3of $50.
SB21,2673 4Section 2673. 97.41 (1m) of the statutes is amended to read:
SB21,1063,215 97.41 (1m) In the administration of this chapter, the department may enter
6into a written agreement with a local health department, if the jurisdictional area
7of the local health department has a population greater than 5,000, which designates
8the local health department as the agent of the department of agriculture, trade and
9consumer protection for issuing licenses to and making investigations or inspections
10of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is
11made, no license other than the license issued by the local health department under
12this section may be required by the department of agriculture, trade and consumer
13protection or the local health department for the same operations. The department
14of agriculture, trade and consumer protection shall coordinate oversee the
15designation of agents under this section with the department of health services to
16ensure that, to the extent feasible, the same local health department is granted agent
17status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise
18provided by the department of agriculture, trade and consumer protection, a local
19health department granted agent status shall regulate all types of establishments
20for which this subsection permits the department of agriculture, trade and consumer
21protection to delegate regulatory authority.
SB21,2674 22Section 2674. 97.41 (4) (a) of the statutes is amended to read:
SB21,1064,1123 97.41 (4) (a) Except as provided in par. (b), a local health department granted
24agent status under this section shall establish and collect the license fee for retail
25food establishments, as defined in s. 97.30 (1) (c). The local health department may

1establish separate fees for preinspections pre-licensing inspections of new
2establishments, for preinspections pre-licensing inspections of existing
3establishments for which a person intends to be the new operator or for the issuance
4of duplicate licenses. No fee may exceed the local health department's reasonable
5costs of issuing licenses to, making investigations and inspections of, and providing
6education, training and technical assistance to the establishments, plus the state fee
7established under sub. (5). A local health department which is granted agent status
8under this section or under s. 254.69, 97.615 may issue a single license and establish
9and collect a single fee which authorizes the operation on the same premises of more
10than one type of establishment with respect to which it is granted agent status under
11this section or under s. 254.69 (2) 97.615 (2).
SB21,2675 12Section 2675. 97.42 (3) (em) of the statutes is amended to read:
SB21,1064,1913 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and
14(b) do not apply to the slaughter of a farm-raised deer if its meat food products are
15not sold by a person holding a restaurant permit under s. 254.64 or by an operator
16of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an
17establishment in which farm-raised deer, their carcasses or their meat food products
18are examined and inspected under this subsection shall pay the department for the
19cost of the department's examination and inspection.
SB21,2676 20Section 2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the
21statutes is created to read:
SB21,1064,2222 Chapter 97
SB21,1064,2323 Subchapter III
SB21,1064,2424 lodging AND VENDING MACHINES
SB21,2677
1Section 2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the
2statutes is created to read:
SB21,1065,33 Chapter 97
SB21,1065,44 Subchapter Iv
SB21,1065,55 recreational sanitation
SB21,2678 6Section 2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the
7statutes is created to read:
SB21,1065,88 Chapter 97
SB21,1065,99 Subchapter V
SB21,1065,1010 general provisions
SB21,2679 11Section 2679. 97.70 of the statutes is created to read:
SB21,1065,15 1297.70 Authority of department of safety and professional services.
13Nothing in this chapter affects the authority of the department of safety and
14professional services relative to places of employment, elevators, boilers, fire
15escapes, fire protection, or the construction of public buildings.
SB21,2680 16Section 2680. 97.703 of the statutes is created to read:
SB21,1065,18 1797.703 Joint employment. The department and the department of safety
18and professional services may employ experts, inspectors, or other assistants jointly.
SB21,2681 19Section 2681. 100.207 (6) (em) 2. of the statutes is amended to read:
SB21,1065,2220 100.207 (6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
SB21,2682 23Section 2682. 100.36 of the statutes is amended to read:
SB21,1066,7 24100.36 Frauds; substitute for butter; advertisement. No person may use
25the word "butter" in any way in connection or association with the sale or exposure

1for sale or advertisement of any substance designed to be used as a substitute for
2butter. No person may use terms such as "cream", "creamery" or "dairy", or the name
3or representation of any breed of dairy cattle, or any combination of such words and
4representation, or any other words or symbols or combinations thereof commonly
5used in the sale of butter unless at least 40% of the substitute is butterfat. If the term
6"butter" is used in connection with the name of any such product, it shall be qualified
7so as to distinguish it from butter as defined in s. 97.01 (1) (1r).
SB21,2683 8Section 2683. 100.45 (1) (dm) of the statutes is amended to read:
SB21,1066,189 100.45 (1) (dm) "State agency" means any office, department, agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law which
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, the Wisconsin Housing and Economic Development Authority, the Bradley
14Center Sports and Entertainment Corporation, the University of Wisconsin
15Hospitals and Clinics Authority, the University of Wisconsin System Authority, the
16Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace
17Authority, the Wisconsin Economic Development Corporation Forward Wisconsin
18Development Authority
, and the Fox River Navigational System Authority.
SB21,2684 19Section 2684. 100.67 of the statutes is created to read:
SB21,1066,21 20100.67 Private trade, business, technical, and other schools. (1)
21Definitions. In this section, unless the context clearly requires otherwise:
SB21,1066,2222 (b) "Course" has the meaning given in s. 440.52 (1) (b).
SB21,1066,2323 (c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).
SB21,1066,2424 (d) "Person" has the meaning given in s. 440.52 (1) (d).
SB21,1066,2525 (e) "School" has the meaning given in s. 440.52 (1) (e).
SB21,1067,3
1(2) Responsibilities. The department shall protect the general public by
2investigating complaints and potential violations related to this section and s.
3440.52.
SB21,1067,5 4(3) Rule-making power. The department may promulgate rules and establish
5standards necessary to administer this section.
SB21,2685 6Section 2685. 101.01 (4) of the statutes is amended to read:
SB21,1067,117 101.01 (4) "Employer" means any person, firm, corporation, state, county,
8town, city, village, school district, sewer district, drainage district, long-term care
9district
and other public or quasi-public corporations as well as any agent, manager,
10representative or other person having control or custody of any employment, place
11of employment or of any employee.
SB21,2686 12Section 2686. 101.02 (20) (b) of the statutes is amended to read:
SB21,1067,2313 101.02 (20) (b) Except as provided in par. (e), the department of safety and
14professional services
may not issue or renew a license unless each applicant who is
15an individual provides the department of safety and professional services with his
16or her social security number and each applicant that is not an individual provides
17the department of safety and professional services with its federal employer
18identification number. The department of safety and professional services may not
19disclose the social security number or the federal employer identification number of
20an applicant for a license or license renewal except to the department of revenue for
21the sole purpose of requesting certifications under s. 73.0301 and to the department
22of workforce development for the sole purpose of requesting certifications under s.
23108.227.
SB21,2687 24Section 2687. 101.02 (20) (c) of the statutes is amended to read:
SB21,1068,5
1101.02 (20) (c) The department of safety and professional services may not
2issue or renew a license if the department of revenue certifies under s. 73.0301 that
3the applicant or licensee is liable for delinquent taxes or if the department of
4workforce development certifies under s. 108.227 that the applicant or licensee is
5liable for delinquent unemployment insurance contributions.
SB21,2688 6Section 2688. 101.02 (20) (d) of the statutes is amended to read:
SB21,1068,117 101.02 (20) (d) The department of safety and professional services shall revoke
8a license if the department of revenue certifies under s. 73.0301 that the licensee is
9liable for delinquent taxes or if the department of workforce development certifies
10under s. 108.227 that the licensee is liable for delinquent unemployment insurance
11contributions.
SB21,2689 12Section 2689. 101.02 (20) (e) 1. of the statutes is amended to read:
SB21,1068,1813 101.02 (20) (e) 1. If an applicant who is an individual does not have a social
14security number, the applicant, as a condition of applying for or applying to renew
15a license shall submit a statement made or subscribed under oath or affirmation to
16the department of safety and professional services that the applicant does not have
17a social security number. The form of the statement shall be prescribed by the
18department of children and families.
SB21,2690 19Section 2690. 101.02 (21) (b) of the statutes is amended to read:
SB21,1069,320 101.02 (21) (b) As provided in the memorandum of understanding under s.
2149.857 and except as provided in par. (e), the department of safety and professional
22services
may not issue or renew a license unless the applicant provides the
23department of safety and professional services with his or her social security number.
24The department of safety and professional services may not disclose the social
25security number except that the department of safety and professional services may

1disclose the social security number of an applicant for a license under par. (a) or a
2renewal of a license under par. (a) to the department of children and families for the
3sole purpose of administering s. 49.22.
SB21,2691 4Section 2691. 101.02 (21) (e) 1. of the statutes is amended to read:
SB21,1069,105 101.02 (21) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department of safety and professional services that the applicant does not have
9a social security number. The form of the statement shall be prescribed by the
10department of children and families.
SB21,2692 11Section 2692. 101.05 (2) of the statutes is amended to read:
SB21,1069,1412 101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1)
1397.01 (1g), is not subject to building codes adopted by the department under this
14subchapter.
SB21,2693 15Section 2693. 101.12 (1) (intro.) of the statutes is amended to read:
SB21,1069,2016 101.12 (1) (intro.) Except for plans that are reviewed by the department of
17health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the
18department shall require the submission of essential drawings, calculations and
19specifications for public buildings, public structures and places of employment
20including the following components:
SB21,2694 21Section 2694. 101.123 (1) (bn) 1. of the statutes is amended to read:
SB21,1069,2322 101.123 (1) (bn) 1. A bed and breakfast establishment, as defined in s. 254.61
23(1)
97.01 (1g).
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