2009 - 2010 LEGISLATURE
September 4, 2009 - Introduced by Representatives Richards, Petrowski, Bernard
Schaber and Townsend, cosponsored by Senators Risser, Hopper and Taylor.
Referred to Committee on Public Health.
1An Act to repeal
254.71 (6) (b); and to amend
254.71 (3) of the statutes; 2relating to: requirements for a certificate of food protection practices and
3providing an exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
Under current law, a person must have a certificate of food protection practices
to manage or operate a restaurant. A person must pass a written examination that
is approved by the Department of Health Services (DHS), or achieve comparable
compliance, to obtain a certificate. A certificate is valid for five years and may be
renewed upon satisfactory completion of a recertification training course that is
approved by DHS.
This bill requires that a person pass a written examination on food protection
practices that is approved by DHS to renew a certificate of food protection practices.
The bill also authorizes DHS to promulgate an emergency rule establishing criteria
for approving an examination for certificate renewal without providing evidence that
an emergency rule is necessary for the preservation of the public peace, health,
safety, or welfare and without making a finding of emergency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414, s. 1
254.71 (3) of the statutes is amended to read:
Each certificate is valid for 5 years from the date of issuance and, 2
except as provided in s. 250.041, may be renewed by the holder of the certificate if 3
he or she satisfactorily completes a recertification training course written
4examination that is
approved by the department and demonstrates the individual's
5basic knowledge of food protection practices
AB414, s. 2
254.71 (6) (b) of the statutes is repealed.
(1) Using the procedure under section 227.24 of the statutes, the department 9
of health services may promulgate rules establishing criteria for approval of an 10
examination that is required for renewal of a certificate of food protection practices 11
under section 254.71 (3) of the statutes, as affected by this act, for the period before 12
the effective date of any permanent rule establishing criteria for approval of an 13
examination. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, 14
the department is not required to provide evidence that promulgating a rule under 15
this subsection as an emergency rule is necessary for the preservation of the public 16
peace, health, safety, or welfare and is not required to provide a finding of emergency 17
for a rule promulgated under this subsection.
This act takes effect on first day of the 7th month beginning after 20