Amendment SSA1-SB21

SB21-SSA1,2647 Section 2647. 97.18 (5m) of the statutes is repealed.

SB21-SSA1,2648 Section 2648. 97.20 (2) (e) 2. of the statutes is amended to read:

SB21-SSA1,823,9 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.

SB21-SSA1,2649 Section 2649. 97.21 (2) (a) of the statutes is repealed.

SB21-SSA1,2650 Section 2650. 97.21 (2) (b) (title) of the statutes is repealed.

SB21-SSA1,2651 Section 2651. 97.21 (2) (b) of the statutes is renumbered 97.21 (2) and amended to read:

SB21-SSA1,824,2 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.

SB21-SSA1,2652 Section 2652. 97.21 (4) (a) of the statutes is amended to read:

SB21-SSA1,824,5 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).

SB21-SSA1,2653 Section 2653. 97.21 (4) (b) of the statutes is amended to read:

SB21-SSA1,824,15 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.

SB21-SSA1,2654 Section 2654. 97.21 (4) (c) of the statutes is amended to read:

SB21-SSA1,824,24 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.

SB21-SSA1,2655 Section 2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and amended to read:

SB21-SSA1,825,4 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.

SB21-SSA1,2656 Section 2656. 97.21 (4m) (a) of the statutes is repealed.

SB21-SSA1,2657 Section 2657. 97.21 (4m) (b) of the statutes is repealed.

SB21-SSA1,2658 Section 2658. 97.21 (5) of the statutes is amended to read:

SB21-SSA1,825,14 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.

SB21-SSA1,2659 Section 2659. 97.25 (3) of the statutes is amended to read:

SB21-SSA1,825,23 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.

SB21-SSA1,2660 Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:

SB21-SSA1,826,2 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.

SB21-SSA1,2661 Section 2661. 97.29 (1) (c) of the statutes is amended to read:

SB21-SSA1,826,9 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.

SB21-SSA1,2662 Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:

SB21-SSA1,826,14 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.

SB21-SSA1,2663 Section 2663. 97.29 (1) (h) of the statutes is amended to read:

SB21-SSA1,826,20 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.

SB21-SSA1,2664 Section 2664. 97.30 (1) (c) of the statutes is amended to read:

SB21-SSA1,827,5 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.

SB21-SSA1,2665 Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:

SB21-SSA1,827,15 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.

SB21-SSA1,2666 Section 2666. 97.30 (2) (c) of the statutes is created to read:

SB21-SSA1,827,23 97.30 (2) (c) Pre-licensing inspection. The department or an agent city or county may not issue a license for a new retail food establishment until it inspects the new retail food establishment for compliance with this section and rules promulgated under this section. A licensed retail food establishment is not considered a new retail food establishment under this paragraph solely because of a change in ownership, or solely because of alterations in the retail food establishment.

SB21-SSA1,2667 Section 2667. 97.30 (3m) (intro.) of the statutes is amended to read:

SB21-SSA1,828,4 97.30 (3m) Fee amounts. (intro.) The department shall specify by rule the amount of the fees under sub. (3) for a restaurant. Unless otherwise required by department rule, the fees required under sub. (3) for a retail food establishment other than a restaurant are:

SB21-SSA1,2668 Section 2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,828,8 97.30 (3m) (a) (intro.) For a retail food establishment, other than a restaurant, that has annual food sales of $25,000 or more but less than $1,000,000 and that processes potentially hazardous food, the following amounts:

SB21-SSA1,2669 Section 2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,828,12 97.30 (3m) (b) (intro.) For a retail food establishment, other than a restaurant, that has annual food sales of $1,000,000 or more and that processes potentially hazardous food, the following amounts:

SB21-SSA1,2670 Section 2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:

SB21-SSA1,828,16 97.30 (3m) (c) (intro.) For a retail food establishment, other than a restaurant, that has annual food sales of $25,000 or more and that is engaged in food processing, but that does not process potentially hazardous food, the following amounts:

SB21-SSA1,2671 Section 2671. 97.30 (3m) (cm) of the statutes is amended to read:

SB21-SSA1,828,20 97.30 (3m) (cm) For a retail food establishment , other than a restaurant, that has annual food sales of less than $25,000 and that is engaged in food processing, an annual license fee of $40 and a reinspection fee of $40.

SB21-SSA1,2672 Section 2672. 97.30 (3m) (d) of the statutes is amended to read:

SB21-SSA1,828,24 97.30 (3m) (d) For a retail food establishment , other than a restaurant, that is not engaged in food processing, an annual license fee of $20 and a reinspection fee of $50.

SB21-SSA1,2673 Section 2673. 97.41 (1m) of the statutes is amended to read:

SB21-SSA1,829,17 97.41 (1m) In the administration of this chapter, the department may enter into a written agreement with a local health department, if the jurisdictional area of the local health department has a population greater than 5,000, which designates the local health department as the agent of the department of agriculture, trade and consumer protection for issuing licenses to and making investigations or inspections of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is made, no license other than the license issued by the local health department under this section may be required by the department of agriculture, trade and consumer protection or the local health department for the same operations. The department of agriculture, trade and consumer protection shall coordinate oversee the designation of agents under this section with the department of health services to ensure that, to the extent feasible, the same local health department is granted agent status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise provided by the department of agriculture, trade and consumer protection, a local health department granted agent status shall regulate all types of establishments for which this subsection permits the department of agriculture, trade and consumer protection to delegate regulatory authority.

SB21-SSA1,2674 Section 2674. 97.41 (4) (a) of the statutes is amended to read:

SB21-SSA1,830,7 97.41 (4) (a) Except as provided in par. (b), a local health department granted agent status under this section shall establish and collect the license fee for retail food establishments, as defined in s. 97.30 (1) (c). The local health department may establish separate fees for preinspections pre-licensing inspections of new establishments, for preinspections pre-licensing inspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishments, plus the state fee established under sub. (5). A local health department which is granted agent status under this section or under s. 254.69, 97.615 may issue a single license and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment with respect to which it is granted agent status under this section or under s. 254.69 (2) 97.615 (2).

SB21-SSA1,2675 Section 2675. 97.42 (3) (em) of the statutes is amended to read:

SB21-SSA1,830,15 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

SB21-SSA1,2676 Section 2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the statutes is created to read:

SB21-SSA1,830,18 Chapter 97

SB21-SSA1,830,19 Subchapter III

SB21-SSA1,830,20 lodging AND VENDING MACHINES

SB21-SSA1,2677 Section 2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the statutes is created to read:

SB21-SSA1,830,23 Chapter 97

SB21-SSA1,830,24 Subchapter Iv

SB21-SSA1,830,25 recreational sanitation

SB21-SSA1,2678 Section 2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the statutes is created to read:

SB21-SSA1,831,3 Chapter 97

SB21-SSA1,831,4 Subchapter V

SB21-SSA1,831,5 general provisions

SB21-SSA1,2679 Section 2679. 97.70 of the statutes is created to read:

SB21-SSA1,831,10 97.70 Authority of department of safety and professional services. Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

SB21-SSA1,2680 Section 2680. 97.703 of the statutes is created to read:

SB21-SSA1,831,13 97.703 Joint employment. The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.

SB21-SSA1,2682 Section 2682. 100.36 of the statutes is amended to read:

SB21-SSA1,831,23 100.36 Frauds; substitute for butter; advertisement. No person may use the word "butter" in any way in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter. No person may use terms such as "cream", "creamery" or "dairy", or the name or representation of any breed of dairy cattle, or any combination of such words and representation, or any other words or symbols or combinations thereof commonly used in the sale of butter unless at least 40% of the substitute is butterfat. If the term "butter" is used in connection with the name of any such product, it shall be qualified so as to distinguish it from butter as defined in s. 97.01 (1) (1r).

SB21-SSA1,2683b Section 2683b. 100.60 (1) (b) 2. of the statutes is amended to read:

SB21-SSA1,832,5 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of safety and professional services designates as a diesel-replacement renewable fuel under sub. (7) (a).

SB21-SSA1,2683d Section 2683d. 100.60 (1) (c) 2. of the statutes is amended to read:

SB21-SSA1,832,11 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of safety and professional services designates as a gasoline-replacement renewable fuel under sub. (7) (b).

SB21-SSA1,2683f Section 2683f. 100.60 (3) (a) of the statutes is amended to read:

SB21-SSA1,832,17 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of safety and professional services and the department of revenue, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year.

SB21-SSA1,2683h Section 2683h. 100.60 (6) (a) of the statutes is amended to read:

SB21-SSA1,833,3 100.60 (6) (a) The department shall consult with the department of safety and professional services and the department of revenue to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies the department of revenue under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of safety and professional services and the department of revenue to collect the information if collection by one of these agencies the department of revenue is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.

SB21-SSA1,2683i Section 2683i. 100.60 (7) (title) of the statutes is repealed and recreated to read:

SB21-SSA1,833,6 100.60 (7) (title) Rules.

SB21-SSA1,2683j Section 2683j. 100.60 (7) (a) of the statutes is amended to read:

SB21-SSA1,833,12 100.60 (7) (a) The department of safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.

SB21-SSA1,2683m Section 2683m. 100.60 (7) (b) of the statutes is amended to read:

SB21-SSA1,833,18 100.60 (7) (b) The department of safety and professional services may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a gasoline-replacement renewable fuel for the purposes of this section.

SB21-SSA1,2685m Section 2685m. 101.02 (7r) (a) of the statutes is amended to read:

SB21-SSA1,833,24 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment unless that ordinance strictly conforms to the applicable rules under sub. (15) (j), except as provided in pars. (b) to (d) and sub. (7m).

SB21-SSA1,2692 Section 2692. 101.05 (2) of the statutes is amended to read:

SB21-SSA1,834,3 101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), is not subject to building codes adopted by the department under this subchapter.