SB478,4,1711 97.30 (2) (c) Pre-licensing inspection. The Except as provided under par. (d),
12the
department or an agent city or county may not issue a license for a new retail food
13establishment until it inspects the new retail food establishment for compliance with
14this section and rules promulgated under this section. A licensed retail food
15establishment is not considered a new retail food establishment under this
16paragraph solely because of a change in ownership, or solely because of alterations
17in the retail food establishment.
SB478,9 18Section 9 . 97.30 (2) (d) of the statutes is created to read:
SB478,5,219 97.30 (2) (d) Initial inspection of micro market. The department or an agent
20city or county may issue a license for a new retail food establishment that is a micro
21market before it inspects the new retail food establishment that is a micro market
22for compliance with this section and rules promulgated under this section. Before
23one year after the date that the department or the agent city or county issues a
24license for a new retail food establishment that is a micro market, it shall inspect the

1new retail food establishment for compliance with this section and rules
2promulgated under this section.
SB478,10 3Section 10 . 97.30 (3) (a) of the statutes is amended to read:
SB478,5,154 97.30 (3) (a) License fee. An Except as provided under sub. (3s), an applicant
5for a retail food establishment license shall pay the license fee specified under sub.
6(3m), based on gross receipts from food sales at the retail food establishment during
7the previous license year. If a retail food establishment was not licensed during the
8previous license year, a license applicant shall pay an estimated license fee based on
9projected gross receipts from food sales in the license year for which application is
10made. At the end of the license year for which an estimated fee has been paid, the
11licensee shall submit a report to the department stating the actual gross receipts
12from food sales during the license year. The license fee for that year shall be
13recomputed based on actual gross receipts. If the license fee based on actual gross
14receipts differs from the estimated license fee which was paid, the licensee shall pay
15the balance due or receive a credit from the department on the next year's license fee.
SB478,11 16Section 11 . 97.30 (3) (am) of the statutes is amended to read:
SB478,6,617 97.30 (3) (am) Weights and measures inspection fee. An applicant for a retail
18food establishment license shall pay the weights and measures inspection fee
19specified under sub. (3m), based on gross receipts from food sales at the retail food
20establishment during the previous license year. If a retail food establishment was
21not licensed during the previous license year, a license applicant shall pay an
22estimated weights and measures inspection fee based on projected gross receipts
23from food sales in the license year for which application is made. At the end of the
24license year for which an estimated fee has been paid, the licensee shall submit a
25report to the department stating the actual gross receipts from food sales during the

1license year. The weights and measures inspection fee for that year shall be
2recomputed based on actual gross receipts. If the weights and measures inspection
3fee based on actual gross receipts differs from the estimated weights and measures
4inspection fee which was paid, the licensee shall pay the balance due or receive a
5credit from the department on the next year's weights and measures inspection fee.
6This paragraph does not apply to a retail food establishment that is a micro market.
SB478,12 7Section 12 . 97.30 (3) (b) of the statutes is amended to read:
SB478,6,168 97.30 (3) (b) Reinspection fee. If the department reinspects a retail food
9establishment because the department finds a violation of this chapter or rules
10promulgated under this chapter, the department shall charge the retail food
11establishment operator the reinspection fee specified under sub. (3m). A
12reinspection fee is payable when the reinspection is completed, and is due upon
13written demand from the department. The department may issue a demand for
14payment when it issues a license renewal application form to the retail food
15establishment operator. This paragraph does not apply to a retail food establishment
16that is a micro market.
SB478,13 17Section 13 . 97.30 (3) (c) of the statutes is amended to read:
SB478,7,318 97.30 (3) (c) Surcharge for operating without a license. An applicant for a retail
19food establishment license shall pay a license fee surcharge of $100 or twice the
20amount of the annual license fee specified under sub. (3m) whichever is less, or if the
21applicant operates a micro market a license fee surcharge of $100 or twice the
22amount of the annual license fee specified under sub. (3s) whichever is less,
if the
23department determines that, within one year prior to submitting a license
24application, the applicant operated the retail food establishment without a license
25in violation of this subsection. Payment of this license fee surcharge does not relieve

1the applicant of any other civil or criminal liability which results from the unlicensed
2operation of the retail food establishment, but does not constitute evidence of a
3violation of any law.
SB478,14 4Section 14 . 97.30 (3) (d) of the statutes is amended to read:
SB478,7,105 97.30 (3) (d) Licensing contingent on payment of fees. The department may not
6issue or renew a retail food establishment license unless the license applicant pays
7all fees which are due and payable under this subsection and sub. (3m) or (3s), as set
8forth in a statement from the department. The department shall refund a fee paid
9under protest if the department determines that the fee was not due and payable as
10a condition of licensing under this subsection.
SB478,15 11Section 15 . 97.30 (3s) of the statutes is created to read:
SB478,7,1412 97.30 (3s) Fees; micro markets. An applicant for a retail food establishment
13license to operate a micro market shall pay one of the following annual license fee
14amounts:
SB478,7,1515 (a) For one micro market located in a building, $40.
SB478,7,1616 (b) For 2 or more micro markets located in the same building, $60.
SB478,16 17Section 16 . 97.30 (4) of the statutes is renumbered 97.30 (4) (a) and amended
18to read:
SB478,7,2219 97.30 (4) (a) Subsection (3) does not apply to any retail food establishment
20licensed by an agent city or county under s. 97.41. An Except as provided under par.
21(b), an
applicant for a retail food establishment license issued by an agent city or
22county shall pay fees established by the agent city or county under s. 97.41.
SB478,17 23Section 17 . 97.30 (4) (b) of the statutes is created to read:
SB478,8,3
197.30 (4) (b) An applicant for a retail food establishment license to be issued
2by an agent city or county shall pay the fee under sub. (3s) if the application is for
3a micro market.
SB478,18 4Section 18 . 97.41 (4) (a) of the statutes is amended to read:
SB478,8,175 97.41 (4) (a) Except as provided in par. (b) or (c), a local health department
6granted agent status under this section shall establish and collect the license fee for
7retail food establishments, as defined in s. 97.30 (1) (c). The local health department
8may establish separate fees for pre-licensing inspections of new establishments, for
9pre-licensing inspections of existing establishments for which a person intends to be
10the new operator or for the issuance of duplicate licenses. No fee may exceed the local
11health department's reasonable costs of issuing licenses to, making investigations
12and inspections of, and providing education, training and technical assistance to the
13establishments, plus the state fee established under sub. (5). A local health
14department which is granted agent status under this section or under s. 97.615 may
15issue a single license and establish and collect a single fee which authorizes the
16operation on the same premises of more than one type of establishment with respect
17to which it is granted agent status under this section or under s. 97.615 (2).
SB478,19 18Section 19 . 97.41 (4) (c) of the statutes is created to read:
SB478,8,2119 97.41 (4) (c) A local health department granted agent status under this section
20shall collect the license fees under s. 97.30 (3s) for retail food establishments, as
21defined in s. 97.30 (1) (c), that are micro markets.
SB478,20 22Section 20 . 97.41 (5) of the statutes is amended to read:
SB478,9,623 97.41 (5) The department shall establish state fees for its costs related to
24setting standards for retail food establishments, as defined in s. 97.30 (1) (c), setting
25standards for agents under this section and monitoring and evaluating the activities

1of, and providing education and training to, agent local health departments. Agent
2local health departments shall include the state fees in the license fees established
3under sub. (4) (a), collect the state fees, and reimburse the department for the state
4fees collected. The state fee may not exceed 20 percent of the license fee charged
5under s. 97.30 (3), or for a retail food establishment that is a micro market, 20 percent
6of the license fee charged under s. 97.30 (3s),
for a license issued by the department.
SB478,21 7Section 21. Nonstatutory provisions.
SB478,9,188 (1) Emergency rules. Using the procedure under section 227.24 of the
9statutes, the department of agriculture, trade and consumer protection may
10promulgate rules governing the operation of micro markets under section 97.30 (5)
11of the statutes for the period before the effective date of the permanent rules
12promulgated under section 97.30 (5) of the statutes but not to exceed the period
13authorized under section 227.24 (1) (c) of the statutes, subject to extension under
14section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and
15(3) of the statutes, the department is not required to provide evidence that
16promulgating a rule under this subsection as an emergency rule is necessary for the
17preservation of the public peace, health, safety, or welfare and is not required to
18provide a finding of emergency for a rule promulgated under this subsection.
SB478,9,1919 (End)
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