254.84(1)(c)
(c) "Room rates" means the rates at which rooms or other accommodations are rented to occupants.
254.84(2)
(2) Rental posted. No owner or operator of any establishment that is held out as a motel, motor court, tourist cabin or like accommodation may post or maintain posted on any outdoor or outside advertising sign for the establishment rates for accommodations in the establishment unless the sign has posted on it both the minimum and maximum room or other rental unit rates for accommodations offered for rental. All posted rates and descriptive data required by this section shall be in type and material of the same size and prominence as the minimum and maximum room or other rental unit rates. Signs that only state the rate per person or bear the legend "and up" do not comply with the requirements of this subsection.
254.84(3)
(3) Accommodations must exist. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain posted on outdoor or outside advertising signs rates for accommodations in the establishment unless there is available, when vacant, accommodations in the establishment for immediate occupancy to meet the posted rates on the advertising signs.
254.84(4)
(4) Misrepresentation. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain outdoor or outside advertising signs in connection with the establishment relating to rates which have any untrue, misleading, false, or fraudulent representations.
254.84(5)
(5) Construction. Nothing in this section may be construed to require establishments to have outdoor or outside signs. This section shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates placed on outdoor or outside signs of the establishments.
254.84(6)
(6) Penalty. Whoever violates this section shall be fined not more than $300 or imprisoned not more than 6 months or both.
254.84 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.85;
1983 a. 189;
1993 a. 27 s.
90; Stats. 1993 s. 254.84.
254.85(1)(1) The department may enter, at reasonable hours, any premises for which a permit is required under this subchapter or
s. 254.47 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this subchapter or
s. 254.47. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter,
s. 254.47 or rules promulgated by the department under this subchapter or
s. 254.47.
254.85(2)(a)(a) Whenever, as a result of an examination, the department has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the administrator of the division of the department responsible for public health may issue a temporary order and cause it to be delivered to the permittee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the permit only if a more limited order does not remove the immediate danger to health. Except as provided in
par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.
254.85(2)(b)
(b) No food described in a temporary order issued and delivered under
par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department, until the order has terminated or the time period specified in
par. (a) has run out, whichever occurs first. If the department, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee, owner or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
254.85(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee, owner or custodian shall be notified within the effective period of the temporary order issued under
par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department.
254.85(3)
(3) A notice issued under
sub. (2) (c) shall be accompanied by a statement which informs the permittee, owner or custodian that he or she has a right to request a hearing in writing within 15 days after issuance of the notice. The department shall hold a hearing no later than 15 days after the department receives the written request for a hearing, unless both parties agree to a later date. A final decision shall be issued under
s. 227.47 within 10 days of the conclusion of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit only if a more limited order will not remove the immediate danger to health.
254.85(4)
(4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter,
s. 254.47 or any rule promulgated under this subchapter or
s. 254.47 as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.
254.85(5)(a)(a) Except as provided in
par. (b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
254.85(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
254.85(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a department inspector, employe or agent in the performance of his or her duties under this section.
254.85(5)(b)2.
2. Gives false information to a department inspector, employe or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employe or agent.
254.85 History
History: 1983 a. 203;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1);
1987 a. 307;
1993 a. 27 s.
78; Stats. 1993 s. 254.85.
254.86
254.86
Suspension or revocation of permit. The department or a local health department designated as an agent under
s. 254.69 (2) may refuse or withhold issuance of a permit or may suspend or revoke a permit for violation of this subchapter or any rule or order of the department of health and family services, ordinance of the village, city or county or regulation of the local board of health.
254.86 History
History: 1975 c. 413 s.
14; Stats. 1975 s. 50.70;
1983 a. 203;
1987 a. 27;
1993 a. 27 s.
83; Stats. 1993 s. 254.86;
1995 a. 27 s.
9126 (19).
254.87
254.87
Court review. Orders of the department shall be subject to review in the manner provided in
ch. 227.
254.87 History
History: 1975 c. 413 s.
14; Stats. 1975 s. 50.71;
1993 a. 27 s.
84; Stats. 1993 s. 254.87.
254.88
254.88
Penalty. Anyone who violates this subchapter, except
s. 254.83,
254.84 or
254.85, or any rule of the department promulgated under this subchapter shall be fined not less than $100 nor more than $1,000. Anyone who fails to comply with an order of the department under this subchapter except
s. 254.85 shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her, and in case of action under
s. 254.87, after lapse of a reasonable time after final determination.
254.88 History
History: 1975 c. 413 ss.
13,
18; Stats. 1975 s. 50.59;
1983 a. 203;
1985 a. 332 s.
251 (1);
1989 a. 31;
1993 a. 27 s.
80; Stats. 1993 s. 254.88.
DAIRY OPERATIONS
254.89
254.89
Certification of Grade A dairy operations. The department shall conduct evaluation surveys of grade A dairy operations in this state to the extent necessary to certify to the federal food and drug administration, out-of-state markets, the department of agriculture, trade and consumer protection, the federal public health service, and local health departments, the compliance rating of the grade A dairy operations based upon the sanitation and enforcement requirements of the grade A pasteurized milk ordinance of the federal public health service and its related documents. The department may promulgate rules establishing fees which may be charged to dairy plants to fund these activities.
254.89 History
History: 1977 c. 29 s.
1650m (4);
1987 a. 27;
1993 a. 27 s.
374; Stats. 1993 s. 254.89.
