SB21-SSA1,2647 4Section 2647. 97.18 (5m) of the statutes is repealed.
SB21-SSA1,2648 5Section 2648. 97.20 (2) (e) 2. of the statutes is amended to read:
SB21-SSA1,823,96 97.20 (2) (e) 2. The retail preparation and processing of meals for sale directly
7to consumers or through vending machines, if the preparation and processing is
8covered under a restaurant permit or other permit license issued under s. 254.64
997.605.
SB21-SSA1,2649 10Section 2649. 97.21 (2) (a) of the statutes is repealed.
SB21-SSA1,2650 11Section 2650. 97.21 (2) (b) (title) of the statutes is repealed.
SB21-SSA1,2651 12Section 2651. 97.21 (2) (b) of the statutes is renumbered 97.21 (2) and
13amended to read:
SB21-SSA1,824,214 97.21 (2) Bulk milk tanker; license; grade A permit. No person may operate
15a bulk milk tanker to transport milk or fluid milk products in bulk for sale or
16distribution as grade A milk or grade A milk products without a valid grade A bulk
17milk tanker permit issued annually by the department or an equivalent regulatory
18agency in another state
for that bulk milk tanker. A grade A bulk milk tanker permit
19is not transferable between persons or bulk milk tankers. A permit may be issued
20in the form of an endorsement on a bulk milk tanker license under par. (a).
An
21application for a permit shall be made on a form provided by the department, and
22may be included with a license application under par. (a). The
. An applicant shall
23include with an application for a permit proof that the bulk milk tanker has passed
24an inspection conducted within the preceding year by the department or an
25individual certified by the department to conduct bulk milk tanker inspections.

1Except as provided in sub. (4), the
department may not charge a fee for a grade A bulk
2milk tanker permit issued under this paragraph.
SB21-SSA1,2652 3Section 2652. 97.21 (4) (a) of the statutes is amended to read:
SB21-SSA1,824,54 97.21 (4) (a) License fee. An applicant for a bulk milk tanker or milk distributor
5license shall pay the license fee specified under sub. (4m).
SB21-SSA1,2653 6Section 2653. 97.21 (4) (b) of the statutes is amended to read:
SB21-SSA1,824,157 97.21 (4) (b) Reinspection fee. If the department reinspects a bulk milk tanker
8or the vehicle or facilities of a milk distributor because the department finds a
9violation of this chapter or rules promulgated under this chapter, the department
10shall charge the bulk milk tanker operator or milk distributor the reinspection fee
11specified under sub. (4m). The reinspection fee is payable when the reinspection is
12completed, and is due upon written demand from the department. The department
13may issue a demand for payment when it issues a license permit renewal application
14to the bulk milk tanker operator or a license renewal application to the milk
15distributor.
SB21-SSA1,2654 16Section 2654. 97.21 (4) (c) of the statutes is amended to read:
SB21-SSA1,824,2417 97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk
18milk tanker operator or
milk distributor license shall pay a license fee surcharge of
19$100 or twice the amount of the annual license fee specified under sub. (4m),
20whichever is less, if the department determines that, within one year prior to
21submitting the license application, the applicant operated without a license or grade
22A permit
in violation of this section. Payment of this license fee surcharge does not
23relieve the applicant of any other civil or criminal liability which that results from
24a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.
SB21-SSA1,2655
1Section 2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and
2amended to read:
SB21-SSA1,825,43 97.21 (4m) Fee amounts. Unless otherwise established by The department
4rule, shall establish the fees required under sub. (4) (a) and (b) are: by rule.
SB21-SSA1,2656 5Section 2656. 97.21 (4m) (a) of the statutes is repealed.
SB21-SSA1,2657 6Section 2657. 97.21 (4m) (b) of the statutes is repealed.
SB21-SSA1,2658 7Section 2658. 97.21 (5) of the statutes is amended to read:
SB21-SSA1,825,148 97.21 (5) Licensing and permitting contingent on payment of fees. The
9department may not issue or renew a grade A bulk milk tanker permit or milk
10distributor license unless the permit or license applicant pays all fees which that are
11due and payable by the applicant under sub. (4), as set forth in a statement from the
12department. The department shall refund a fee paid under protest if the department
13determines that the fee was not due and payable as a condition of permitting or
14licensing under this section.
SB21-SSA1,2659 15Section 2659. 97.25 (3) of the statutes is amended to read:
SB21-SSA1,825,2316 97.25 (3) Rules. The department shall promulgate rules authorizing the
17operator of a dairy plant licensed under s. 97.20, or a retail food establishment
18licensed under s. 97.30 or a restaurant with a permit under s. 254.64 who complies
19with the rules to place upon the label of a dairy product the statement
20"Farmer-certified rBGH free." or an equivalent statement that is not false or
21misleading. The statement shall be based upon affidavits from milk producers
22stating that the milk producers do not use synthetic bovine growth hormone for the
23production of milk.
SB21-SSA1,2660 24Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:
SB21-SSA1,826,2
197.27 (1) (b) 3. A retail food establishment , restaurant or other retail facility
2at which food is stored on a temporary basis incidental to retail preparation or sale.
SB21-SSA1,2661 3Section 2661. 97.29 (1) (c) of the statutes is amended to read:
SB21-SSA1,826,94 97.29 (1) (c) "Bottling establishment" means any place where drinking water,
5soda water beverage or alcohol beverage is manufactured or bottled for sale.
6"Bottling establishment" does not include a retail establishment engaged in the
7preparation and sale of beverages under a license issued under s. 125.26 or 125.51
8or a restaurant permit license issued under s. 97.30 for a restaurant or other permit
9license issued under s. 254.64 97.605.
SB21-SSA1,2662 10Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:
SB21-SSA1,826,1411 97.29 (1) (g) 3. The retail preparation and processing of meals for sale directly
12to consumers or through vending machines if the preparation and processing is
13covered under a restaurant permit or other permit license issued under s. 254.64
1497.605.
SB21-SSA1,2663 15Section 2663. 97.29 (1) (h) of the statutes is amended to read:
SB21-SSA1,826,2016 97.29 (1) (h) "Food processing plant" means any place where food processing
17is conducted. "Food processing plant" does not include any establishment subject to
18the requirements of s. 97.30 or any restaurant or other an establishment holding a
19permit license under s. 254.64 97.605, to the extent that the activities of that
20establishment are covered by s. 97.30 or the permit license under s. 254.64 97.605.
SB21-SSA1,2664 21Section 2664. 97.30 (1) (c) of the statutes is amended to read:
SB21-SSA1,827,522 97.30 (1) (c) "Retail food establishment" means a permanent or mobile food
23processing facility where food processing is conducted primarily for direct retail sale
24to consumers at the facility, a mobile facility from which potentially hazardous food
25is sold to consumers at retail or a permanent facility from which food is sold to

1consumers at retail, whether or not that facility sells potentially hazardous food or
2is engaged in food processing. "Retail food establishment" does not include includes
3a restaurant or other establishment temporary restaurant, but does not include an
4establishment
holding a permit license under s. 254.64 97.605, to the extent that the
5activities of the establishment are covered by that permit license.
SB21-SSA1,2665 6Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:
SB21-SSA1,827,157 97.30 (2) (b) 1. c. A retail food establishment which is exempted from licensing
8by the department by rule. If a restaurant or other an establishment for which a
9permit license has been issued under s. 254.64 97.605 is incidentally engaged in
10operating a retail food establishment at the same location, the department may
11exempt by rule the restaurant or establishment from licensing under this section.
12Rules under this subd. 1. c. shall conform to a memorandum of understanding
13between the department and the department of health services, under which the
14department of health services agrees to inspect the retail food establishment
15operations on behalf of the department.
SB21-SSA1,2666 16Section 2666. 97.30 (2) (c) of the statutes is created to read:
SB21-SSA1,827,2317 97.30 (2) (c) Pre-licensing inspection. The department or an agent city or
18county may not issue a license for a new retail food establishment until it inspects
19the new retail food establishment for compliance with this section and rules
20promulgated under this section. A licensed retail food establishment is not
21considered a new retail food establishment under this paragraph solely because of
22a change in ownership, or solely because of alterations in the retail food
23establishment.
SB21-SSA1,2667 24Section 2667. 97.30 (3m) (intro.) of the statutes is amended to read:
SB21-SSA1,828,4
197.30 (3m) Fee amounts. (intro.) The department shall specify by rule the
2amount of the fees under sub. (3) for a restaurant.
Unless otherwise required by
3department rule, the fees required under sub. (3) for a retail food establishment other
4than a restaurant
are:
SB21-SSA1,2668 5Section 2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,828,86 97.30 (3m) (a) (intro.) For a retail food establishment, other than a restaurant,
7that has annual food sales of $25,000 or more but less than $1,000,000 and that
8processes potentially hazardous food, the following amounts:
SB21-SSA1,2669 9Section 2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,828,1210 97.30 (3m) (b) (intro.) For a retail food establishment, other than a restaurant,
11that has annual food sales of $1,000,000 or more and that processes potentially
12hazardous food, the following amounts:
SB21-SSA1,2670 13Section 2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:
SB21-SSA1,828,1614 97.30 (3m) (c) (intro.) For a retail food establishment, other than a restaurant,
15that has annual food sales of $25,000 or more and that is engaged in food processing,
16but that does not process potentially hazardous food, the following amounts:
SB21-SSA1,2671 17Section 2671. 97.30 (3m) (cm) of the statutes is amended to read:
SB21-SSA1,828,2018 97.30 (3m) (cm) For a retail food establishment , other than a restaurant, that
19has annual food sales of less than $25,000 and that is engaged in food processing, an
20annual license fee of $40 and a reinspection fee of $40.
SB21-SSA1,2672 21Section 2672. 97.30 (3m) (d) of the statutes is amended to read:
SB21-SSA1,828,2422 97.30 (3m) (d) For a retail food establishment , other than a restaurant, that
23is not engaged in food processing, an annual license fee of $20 and a reinspection fee
24of $50.
SB21-SSA1,2673 25Section 2673. 97.41 (1m) of the statutes is amended to read:
SB21-SSA1,829,17
197.41 (1m) In the administration of this chapter, the department may enter
2into a written agreement with a local health department, if the jurisdictional area
3of the local health department has a population greater than 5,000, which designates
4the local health department as the agent of the department of agriculture, trade and
5consumer protection for issuing licenses to and making investigations or inspections
6of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is
7made, no license other than the license issued by the local health department under
8this section may be required by the department of agriculture, trade and consumer
9protection or the local health department for the same operations. The department
10of agriculture, trade and consumer protection shall coordinate oversee the
11designation of agents under this section with the department of health services to
12ensure that, to the extent feasible, the same local health department is granted agent
13status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise
14provided by the department of agriculture, trade and consumer protection, a local
15health department granted agent status shall regulate all types of establishments
16for which this subsection permits the department of agriculture, trade and consumer
17protection to delegate regulatory authority.
SB21-SSA1,2674 18Section 2674. 97.41 (4) (a) of the statutes is amended to read:
SB21-SSA1,830,719 97.41 (4) (a) Except as provided in par. (b), a local health department granted
20agent status under this section shall establish and collect the license fee for retail
21food establishments, as defined in s. 97.30 (1) (c). The local health department may
22establish separate fees for preinspections pre-licensing inspections of new
23establishments, for preinspections pre-licensing inspections of existing
24establishments for which a person intends to be the new operator or for the issuance
25of duplicate licenses. No fee may exceed the local health department's reasonable

1costs of issuing licenses to, making investigations and inspections of, and providing
2education, training and technical assistance to the establishments, plus the state fee
3established under sub. (5). A local health department which is granted agent status
4under this section or under s. 254.69, 97.615 may issue a single license and establish
5and collect a single fee which authorizes the operation on the same premises of more
6than one type of establishment with respect to which it is granted agent status under
7this section or under s. 254.69 (2) 97.615 (2).
SB21-SSA1,2675 8Section 2675. 97.42 (3) (em) of the statutes is amended to read:
SB21-SSA1,830,159 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and
10(b) do not apply to the slaughter of a farm-raised deer if its meat food products are
11not sold by a person holding a restaurant permit under s. 254.64 or by an operator
12of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an
13establishment in which farm-raised deer, their carcasses or their meat food products
14are examined and inspected under this subsection shall pay the department for the
15cost of the department's examination and inspection.
SB21-SSA1,2676 16Section 2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the
17statutes is created to read:
SB21-SSA1,830,1818 Chapter 97
SB21-SSA1,830,1919 Subchapter III
SB21-SSA1,830,2020 lodging AND VENDING MACHINES
SB21-SSA1,2677 21Section 2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the
22statutes is created to read:
SB21-SSA1,830,2323 Chapter 97
SB21-SSA1,830,2424 Subchapter Iv
SB21-SSA1,830,2525 recreational sanitation
SB21-SSA1,2678
1Section 2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the
2statutes is created to read:
SB21-SSA1,831,33 Chapter 97
SB21-SSA1,831,44 Subchapter V
SB21-SSA1,831,55 general provisions
SB21-SSA1,2679 6Section 2679. 97.70 of the statutes is created to read:
SB21-SSA1,831,10 797.70 Authority of department of safety and professional services.
8Nothing in this chapter affects the authority of the department of safety and
9professional services relative to places of employment, elevators, boilers, fire
10escapes, fire protection, or the construction of public buildings.
SB21-SSA1,2680 11Section 2680. 97.703 of the statutes is created to read:
SB21-SSA1,831,13 1297.703 Joint employment. The department and the department of safety
13and professional services may employ experts, inspectors, or other assistants jointly.
SB21-SSA1,2682 14Section 2682. 100.36 of the statutes is amended to read:
SB21-SSA1,831,23 15100.36 Frauds; substitute for butter; advertisement. No person may use
16the word "butter" in any way in connection or association with the sale or exposure
17for sale or advertisement of any substance designed to be used as a substitute for
18butter. No person may use terms such as "cream", "creamery" or "dairy", or the name
19or representation of any breed of dairy cattle, or any combination of such words and
20representation, or any other words or symbols or combinations thereof commonly
21used in the sale of butter unless at least 40% of the substitute is butterfat. If the term
22"butter" is used in connection with the name of any such product, it shall be qualified
23so as to distinguish it from butter as defined in s. 97.01 (1) (1r).
SB21-SSA1,2683b 24Section 2683b. 100.60 (1) (b) 2. of the statutes is amended to read:
SB21-SSA1,832,5
1100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel
2fuel, that is derived from a renewable resource, that meets all of the applicable
3requirements of the American Society for Testing and Materials for that fuel, and
4that the department of safety and professional services designates as a
5diesel-replacement renewable fuel under sub. (7) (a).
SB21-SSA1,2683d 6Section 2683d. 100.60 (1) (c) 2. of the statutes is amended to read:
SB21-SSA1,832,117 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived
8from a renewable resource, that meets all of the applicable requirements of the
9American Society for Testing and Materials for that fuel, and that the department
10of safety and professional services designates as a gasoline-replacement renewable
11fuel under sub. (7) (b).
SB21-SSA1,2683f 12Section 2683f. 100.60 (3) (a) of the statutes is amended to read:
SB21-SSA1,832,1713 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with
14and with assistance from the department of safety and professional services and the
15department of revenue, shall determine whether the annual goals for sales of
16renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in
17that year.
SB21-SSA1,2683h 18Section 2683h. 100.60 (6) (a) of the statutes is amended to read:
SB21-SSA1,833,319 100.60 (6) (a) The department shall consult with the department of safety and
20professional services and
the department of revenue to determine if information
21necessary to make a determination under sub. (3) (a) or an assessment under sub.
22(4) is being collected by these agencies the department of revenue under laws in effect
23on June 2, 2010. If the information is not being collected, the department may
24request the department of safety and professional services and the department of
25revenue to collect the information if collection by one of these agencies the

1department of revenue
is more cost-effective for state government and less
2burdensome for the persons subject to the reporting requirements than collection of
3the information by the department.
SB21-SSA1,2683i 4Section 2683i. 100.60 (7) (title) of the statutes is repealed and recreated to
5read:
SB21-SSA1,833,66 100.60 (7) (title) Rules.
SB21-SSA1,2683j 7Section 2683j. 100.60 (7) (a) of the statutes is amended to read:
SB21-SSA1,833,128 100.60 (7) (a) The department of safety and professional services may
9promulgate a rule designating a fuel that can substitute for petroleum-based diesel
10fuel, that is derived from a renewable resource, and that meets all of the applicable
11requirements of the American Society for Testing and Materials for that fuel as a
12diesel-replacement renewable fuel for the purposes of this section.
SB21-SSA1,2683m 13Section 2683m. 100.60 (7) (b) of the statutes is amended to read:
SB21-SSA1,833,1814 100.60 (7) (b) The department of safety and professional services may
15promulgate a rule designating a fuel that can substitute for gasoline, that is derived
16from a renewable resource, and that meets all of the applicable requirements of the
17American Society for Testing and Materials for that fuel as a gasoline-replacement
18renewable fuel for the purposes of this section.
SB21-SSA1,2685m 19Section 2685m. 101.02 (7r) (a) of the statutes is amended to read:
SB21-SSA1,833,2420 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact
21or enforce an ordinance that establishes minimum standards for constructing,
22altering, or adding to public buildings or buildings that are places of employment
23unless that ordinance strictly conforms to the applicable rules under sub. (15) (j),
24except as provided in pars. (b) to (d) and sub. (7m).
SB21-SSA1,2692 25Section 2692. 101.05 (2) of the statutes is amended to read:
SB21-SSA1,834,3
1101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1)
297.01 (1g), is not subject to building codes adopted by the department under this
3subchapter.
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