SB21-SSA1,1251,7
197.01
(14g) (intro.) "Restaurant" means any building, room or place
where
2meals are prepared or served or sold at which the predominant activity is the
3preparation, service, or sale of meals to transients or the general public,
and 4including all places used in connection with it and
includes including any public or
5private school lunchroom for which food service is provided by contract. "
Meals" does
6not include soft drinks, ice cream, milk, milk drinks, ices and confections.
7"Restaurant" does not include:
SB21-SSA1,4071
8Section
4071. 254.61 (5m) of the statutes is renumbered 97.01 (15b).
SB21-SSA1,4072
9Section
4072. 254.61 (5r) of the statutes is renumbered 97.01 (15f).
SB21-SSA1,4073
10Section
4073. 254.61 (6) of the statutes is renumbered 97.01 (15k).
SB21-SSA1,4074
11Section
4074. 254.61 (7) of the statutes is renumbered 97.01 (15p).
SB21-SSA1,4075
12Section
4075. 254.61 (8) of the statutes is renumbered 97.01 (15s) and
13amended to read:
SB21-SSA1,1251,1914
97.01
(15s) "Vending machine commissary" means any building, room or place
15where the food, beverage, ingredients, containers, transport equipment or supplies
16for vending machines are kept, handled, prepared or stored by a vending machine
17operator. "Vending machine commissary" does not mean any place at which the
18operator is licensed to manufacture, distribute or sell food products under
ch. 97 this
19chapter.
SB21-SSA1,4076
20Section
4076. 254.61 (9) of the statutes is renumbered 97.01 (15w).
SB21-SSA1,4077
21Section
4077. 254.61 (10) of the statutes is renumbered 97.01 (15y).
SB21-SSA1,4078
22Section
4078. 254.62 of the statutes is renumbered 97.60.
SB21-SSA1,4079
23Section
4079. 254.63 of the statutes is renumbered 97.603.
SB21-SSA1,4080
24Section
4080. 254.64 of the statutes is renumbered 97.605, and 97.605 (title),
25(1), (1m), (1p), (2), (3), (4) (b), (d) and (e) and (5), as renumbered, are amended to read:
SB21-SSA1,1252,5
197.605 (title)
Permit Lodging and vending licenses.
(1) (a) No person may
2conduct, maintain, manage or operate a hotel,
restaurant, temporary restaurant, 3tourist rooming house, vending machine commissary or vending machine if the
4person has not been issued an annual
permit license by the department or by a local
5health department that is granted agent status under s.
254.69 97.615 (2).
SB21-SSA1,1252,86
(b) No person may maintain, manage or operate a bed and breakfast
7establishment for more than 10 nights in a year without having first obtained an
8annual
permit license from the department.
SB21-SSA1,1252,219
(c) Except as provided in s.
250.041 93.135, no
permit license may be issued
10under this section until all applicable fees have been paid. If the payment is by check
11or other draft drawn upon an account containing insufficient funds, the
permit
12license applicant shall, within 15 days after receipt of notice from the department of
13the insufficiency, pay by cashier's check or other certified draft, money order or cash
14the fees, late fees and processing charges that are specified by rules promulgated by
15the department. If the
permit license applicant fails to pay all applicable fees, late
16fees and processing charges within 15 days after the applicant receives notice of the
17insufficiency, the
permit license is void. In an appeal concerning voiding of a
permit 18license under this paragraph, the burden is on the
permit license applicant to show
19that the entire applicable fees, late fees and processing charges have been paid.
20During any appeal process concerning payment dispute, operation of the
21establishment in question is deemed to be operation without a
permit license.
SB21-SSA1,1253,222
(d) If a person or establishment
otherwise licensed under
ch. 97 this chapter 23is incidentally engaged in an activity for which a
permit license is required under this
24section, the department may, by rule, exempt the person or establishment from the
25permit license requirement under this section.
Rules under this paragraph shall
1conform to a memorandum of understanding between the department and the
2department of agriculture, trade and consumer protection.
SB21-SSA1,1253,6
3(1m) No county, city, village or town may require any
permit license of, or
4impose any
permit license or inspection fee on, a vending machine operator, vending
5machine commissary or vending machine
permitted
licensed under this
subchapter 6chapter.
SB21-SSA1,1253,13
7(1p) Except as provided in s.
250.041 93.135, the department may condition the
8initial issuance, renewal or continued validity of a
permit license issued under this
9section on correction by the
permittee licensee of a violation of this subchapter, rules
10promulgated by the department under this subchapter or ordinances or regulations
11adopted under s.
254.69 97.615 (2) (g), within a specified period of time. If the
12permittee licensee fails to meet the condition within the specified period of time, the
13permit license is void.
SB21-SSA1,1253,16
14(2) Except as provided in sub. (3), a separate
permit license is required for each
15hotel, tourist rooming house, bed and breakfast establishment
, or vending machine
16commissary.
SB21-SSA1,1253,18
17(3) (a) A bulk milk dispenser may be operated in a restaurant without a
18vending machine or vending machine operator
permit
license.
SB21-SSA1,1253,2019
(b) A restaurant may operate as a vending machine commissary without a
20vending machine commissary
permit license.
SB21-SSA1,1253,22
21(4) (b) Except as provided in par. (d) or (e), no
permit license is transferable from
22one premises to another or from one person to another.
SB21-SSA1,1254,223
(d) The holder of a
permit license issued under this section may transfer the
24permit license to an individual who is an immediate family member if the holder is
1transferring operation of the
hotel, tourist rooming house, bed and breakfast 2establishment
, or vending machine to the immediate family member.
SB21-SSA1,1254,83
(e) A sole proprietorship that reorganizes as a business entity or a business
4entity that reorganizes as either a sole proprietorship or a different type of business
5entity may transfer a
permit license issued under this section for operation of
an
a
6hotel, tourist rooming house, bed and breakfast establishment
, or vending machine
7commissary to the newly formed business entity or sole proprietorship if the
8following conditions are satisfied:
SB21-SSA1,1254,119
1. The
hotel, tourist rooming house, bed and breakfast establishment
, or
10vending machine commissary remains at the location for which the
permit license 11was issued.
SB21-SSA1,1254,1412
2. At least one individual who had an ownership interest in the sole
13proprietorship or business entity to which the
permit license was issued has an
14ownership interest in the newly formed sole proprietorship or business entity.
SB21-SSA1,1254,17
15(5) (a) Except as provided in par. (b), all
permits licenses expire on June 30,
16except that
permits licenses initially issued during the period beginning on April 1
17and ending on June 30 expire on June 30 of the following year.
SB21-SSA1,1254,2218
(b) 1. The local health department of a city of the 1st class that has entered into
19an agreement with the department under s.
254.69
97.615 (2) may issue a
permit 20license for a
restaurant or bed and breakfast establishment required under this
21section at any time during the year. A
permit
license issued under this subdivision
22shall expire one year from the date of its issuance.
SB21-SSA1,1255,823
2. The holder of a
permit license for a
restaurant or bed and breakfast
24establishment may request an extension to the term of a
permit license issued under
25this section by the local health department of a city of the 1st class that has entered
1into an agreement with the department under s.
254.69 97.615 (2) for the purpose
2of aligning the annual term of any other license or permit issued to that
permit 3license holder with the annual term of a
permit license to be issued to that
permit 4license holder under subd. 1. The local health department may require a
permit 5license holder that receives an extension under this subdivision to pay a prorated fee
6in an amount determined by dividing the
permit
license fee imposed under s.
254.69 797.615 (2) by 12 and multiplying the quotient by the number of months by which the
8permit license issued under this section is extended under this subdivision.
SB21-SSA1,4081
9Section
4081. 254.65 of the statutes is renumbered 97.607 and amended to
10read:
SB21-SSA1,1255,19
1197.607 Preinspection
Pre-licensing inspection. (1) The department or
12a local health department granted agent status under s.
254.69 97.615 (2) may not
13grant a
permit license to a person intending to operate a new hotel, tourist rooming
14house, bed and breakfast establishment,
restaurant or vending machine commissary
15or to a person intending to be the new operator of an existing hotel, tourist rooming
16house, bed and breakfast establishment,
restaurant or vending machine commissary
17without a
preinspection pre-licensing inspection. This section does not apply
to a
18temporary restaurant or when a
permit license is transferred under s.
254.64 97.605 19(4) (d) or (e).
SB21-SSA1,1256,2
20(2) Agents designated by the department under s.
254.69 97.615 (1) shall make
21preinspections pre-licensing inspections of vending machine commissaries as
22required under this subsection and shall be reimbursed for those services at the rate
23of 80% of the
preinspection pre-licensing inspection fee designated in this
24subsection. Agents designated by the department under s.
254.69 97.615 (2) shall
25make
preinspections pre-licensing inspections of hotels
, restaurants and tourist
1rooming houses and establish and collect
preinspection pre-licensing inspection fees
2under s.
254.69 97.615 (2) (d).
SB21-SSA1,4082
3Section
4082. 254.66 of the statutes is renumbered 97.307 and amended to
4read:
SB21-SSA1,1256,9
597.307 Average annual surveys. The department or a local health
6department granted agent status under s.
254.69 (2)
97.41 shall annually make a
7number of inspections of restaurants in this state that shall equal the number of
8restaurants for which annual
permits licenses are issued under s.
254.64 (1) (a) 997.30.
SB21-SSA1,4083
10Section
4083. 254.67 of the statutes is renumbered 97.61.
SB21-SSA1,4084
11Section
4084. 254.68 of the statutes is renumbered 97.613 and amended to
12read:
SB21-SSA1,1256,18
1397.613 Fees. Except as provided in s.
254.69 97.615 (2) (d) and (e), the
14department shall promulgate rules that establish, for
permits licenses issued under
15s.
254.64, permit 97.605, license fees,
preinspection pre-licensing inspection fees,
16reinspection fees, fees for operating without a
permit license, late fees for untimely
17permit renewal, fees for comparable compliance or variance requests, and fees for
18pre-permit pre-license review of restaurant plans.
SB21-SSA1,4085
19Section
4085. 254.69 of the statutes is renumbered 97.615, and 97.615 (2)
20(title), (am), (b), (c), (d), (dm), (e), (f), (g), (h) and (j) 1. and 2., as renumbered, are
21amended to read:
SB21-SSA1,1257,2022
97.615
(2) (title)
Hotels, restaurants, tourist rooming houses, and other
23establishments. (am) In the administration of this subchapter or s.
254.47 97.67,
24the department may enter into a written agreement with a local health department
25with a jurisdictional area that has a population greater than 5,000, which designates
1the local health department as the department's agent in issuing
permits licenses to
2and making investigations or inspections of hotels,
restaurants, temporary
3restaurants, tourist rooming houses, bed and breakfast establishments,
4campgrounds and camping resorts, recreational and educational camps
, and public
5swimming pools. In a jurisdictional area of a local health department without agent
6status, the department
of health services may issue
permits licenses, collect fees
7established by rule under s.
254.68 97.613 and make investigations or inspections
8of hotels,
restaurants, temporary restaurants, tourist rooming houses, bed and
9breakfast establishments, campgrounds and camping resorts, recreational and
10educational camps
, and public swimming pools. If the department designates a local
11health department as its agent, the department or local health department may
12require no
permit license for the same operations other than the
permit license 13issued by the local health department under this subsection. The department shall
14coordinate oversee the designation of agents under this subsection
with the
15department of agriculture, trade and consumer protection to ensure that, to the
16extent feasible, the same local health department is granted agent status under this
17subsection and under s. 97.41.
Except as otherwise provided by the department, a
18local health department granted agent status shall regulate all types of
19establishments for which this subchapter permits the department of health services
20to delegate regulatory authority.
SB21-SSA1,1258,221
(b) A local health department granted agent status under this subsection shall
22meet standards promulgated, by rule, by the department
of health services. The
23department shall annually evaluate the licensing, investigation and inspection
24program of each local health department granted agent status. If, at any time, a local
25health department granted agent status fails to meet the standards, the department
1of
health services agriculture, trade and consumer protection may revoke its agent
2status.
SB21-SSA1,1258,53
(c) The department shall provide education and training to agents designated
4under this subsection to ensure uniformity in the enforcement of this subchapter, s.
5254.47 97.67 and rules promulgated under this subchapter and s.
254.47 97.67.
SB21-SSA1,1258,196
(d) Except as provided in par. (dm), a local health department granted agent
7status under this subsection shall establish and collect the
permit license fee for each
8type of establishment
specified in par. (am). The local health department may
9establish separate fees for
preinspections pre-licensing inspections of new
10establishments, for
preinspections pre-licensing inspections of existing
11establishments for which a person intends to be the new operator or for the issuance
12of duplicate
permits licenses. No fee may exceed the local health department's
13reasonable costs of issuing
permits licenses to, making investigations and
14inspections of, and providing education, training and technical assistance to the
15establishments, plus the state fee established under par. (e). A local health
16department granted agent status under this subsection or under s. 97.41 may issue
17a single
permit license and establish and collect a single fee which authorizes the
18operation on the same premises of more than one type of establishment for which it
19is granted agent status under this subsection or under s. 97.41.
SB21-SSA1,1258,2320
(dm) A local health department granted agent status under this subsection
21may contract with the department
of health services for the department
of health
22services to collect fees and issue
permits
licenses. The department shall collect from
23the local health department the actual and reasonable cost of providing the services.
SB21-SSA1,1259,624
(e) The department shall establish state fees for its costs related to setting
25standards under this subchapter and s.
254.47
97.67 and monitoring and evaluating
1the activities of, and providing education and training to, agent local health
2departments. Agent local health departments shall include the state fees in the
3permit license fees established under par. (d), collect the state fees and reimburse the
4department for the state fees collected. For each type of establishment
specified in
5par. (am), the state fee may not exceed 20% of the
permit license fees charged under
6ss.
254.47 97.67 and
254.68 97.613.
SB21-SSA1,1259,137
(f) If, under this subsection, a local health department becomes an agent or its
8agent status is discontinued during a
permittee's permit licensee's license year, the
9department
of health services and the local health department shall divide any
10permit license fee paid by the
permittee licensee for that
permit license year
11according to the proportions of the
permit license year occurring before and after the
12local health department's agent status is granted or discontinued. No additional fee
13may be required during the
permit license year due to the change in agent status.
SB21-SSA1,1259,1914
(g) A village, city or county may adopt ordinances and a local board of health
15may adopt regulations regarding the
permittees
licensees and premises for which
16the local health department is the designated agent under this subsection, which are
17stricter than this subchapter, s.
254.47 97.67, or rules promulgated by the
18department
of health services under this subchapter or s.
254.47 97.67. No such
19provision may conflict with this subchapter or with department rules.
SB21-SSA1,1259,2520
(h) This subsection does not limit the authority of the department to inspect
21hotels, tourist rooming houses, bed and breakfast establishments
, or vending
22machine commissaries in jurisdictional areas of local health departments where
23agent status is granted if it inspects in response to an emergency, for the purpose of
24monitoring and evaluating the local health department's licensing, inspection and
25enforcement program or at the request of the local health department.
SB21-SSA1,1260,2
1(j) 1. A
permit license fee established by a local health department granted
2agent status exceeds the reasonable costs described under par. (d).
SB21-SSA1,1260,63
2. The person issuing, refusing to issue, suspending or revoking a
permit 4license or making an investigation or inspection of the appellant has a financial
5interest in a regulated establishment
specified in par. (am) which may interfere with
6his or her ability to properly take that action.
SB21-SSA1,4086
7Section
4086. 254.70 of the statutes is renumbered 97.617 and amended to
8read:
SB21-SSA1,1260,14
997.617 Application; lodging and vending. (1) An applicant for a
permit 10license under this subchapter shall complete the application prepared by the
11department or the local health department granted agent status under s.
254.69 1297.615 (2) and provide, in writing, any additional information the department of
13health services agriculture, trade and consumer protection or local health
14department issuing the
permit license requires.
SB21-SSA1,1260,24
15(2) Upon receipt of an application for a vending machine operator
permit 16license, the department may cause an investigation to be made of the applicant's
17commissary, servicing and transport facilities, if any, and representative machines
18and machine locations. The operator shall maintain at his or her place of business
19within this state a list of all vending machines operated by him or her and their
20location. This information shall be kept current and shall be made available to the
21department upon request. The operator shall notify the department of any change
22in operations involving new types of vending machines or conversion of existing
23machines to dispense products other than those for which such machine was
24originally designed and constructed.
SB21-SSA1,4087
1Section
4087. 254.71 of the statutes is renumbered 97.33, and 97.33 (2), (3),
2(5) and (6) (c), as renumbered, are amended to read:
SB21-SSA1,1261,53
97.33
(2) Except as provided in s.
250.041 93.135, the department may issue
4a certificate of food protection practices to an individual who satisfactorily completes
5an approved examination or who has achieved comparable compliance.
SB21-SSA1,1261,8
6(3) Each certificate is valid for 5 years from the date of issuance and, except as
7provided in s.
250.041 93.135, may be renewed by the certificate holder if he or she
8satisfactorily completes an approved examination.
SB21-SSA1,1261,11
9(5) The department shall conduct evaluations of the effect that the food
10protection practices certification program has on compliance by restaurants with
11requirements established under s.
254.74 (1)
97.30 (5).
SB21-SSA1,1261,14
12(6) (c) Establishing procedures for issuance, except as provided in s.
250.041 1393.135, of certificates of food protection practices, including application submittal
14and review.
SB21-SSA1,4088
15Section
4088. 254.715 of the statutes is renumbered 97.305.
SB21-SSA1,4089
16Section
4089. 254.72 of the statutes is renumbered 97.62 and amended to
17read:
SB21-SSA1,1261,22
1897.62 Health and safety; standard. Every hotel, tourist rooming house, bed
19and breakfast establishment,
restaurant, temporary restaurant, vending machine
20commissary and vending machine shall be operated and maintained with a strict
21regard to the public health and safety and in conformity with this subchapter and
22the rules and orders of the department.
SB21-SSA1,4090
23Section
4090. 254.73 of the statutes is renumbered 97.623.
SB21-SSA1,4091
1Section
4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a),
2(am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are
3amended to read:
SB21-SSA1,1262,84
97.625
(1) (a) Administer and enforce this subchapter, the rules promulgated
5under this subchapter and any other rules or laws relating to the public health and
6safety in hotels, tourist rooming houses, bed and breakfast establishments,
7restaurants, vending machine commissaries, vending machines and vending
8machine locations.
SB21-SSA1,1262,179
(am) Promulgate rules, in consultation with the department of safety and
10professional services, under which the department
of health services shall conduct
11regular inspections of sealed combustion units, as required under s. 101.149 (5) (c),
12for carbon monoxide emissions in hotels, tourist rooming houses, and bed and
13breakfast establishments. The rules shall specify conditions under which it may
14issue orders as specified under s. 101.149 (8) (a). The rules may not require the
15department
of health services to inspect sealed combustion units during the period
16in which the sealed combustion units are covered by a manufacturer's warranty
17against defects.
SB21-SSA1,1262,2018
(b) Require hotels, tourist rooming houses,
restaurants, vending machine
19operators and vending machine commissaries to file reports and information the
20department deems necessary.
SB21-SSA1,1263,521
(d) Prescribe rules and fix standards, including rules covering the general
22sanitation and cleanliness of premises regulated under this subchapter, the proper
23handling and storing of food on such premises, the construction and sanitary
24condition of the premises and equipment to be used and the location and servicing
25of equipment. The rules relating to the public health and safety in bed and breakfast
1establishments may not be stricter than is reasonable for the operation of a bed and
2breakfast establishment, shall be less stringent than rules relating to
other 3establishments hotels, tourist rooming houses, and vending machine commissaries 4regulated by this subchapter and may not require 2nd exits for a bed and breakfast
5establishment on a floor above the first level.
SB21-SSA1,1263,136
(e) Hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any
7interested person in the jurisdictional area of a local health department not granted
8agent status under s.
254.69 97.615 appeals to the department
of health services 9alleging that a
permit license fee for a hotel,
restaurant, temporary restaurant, 10tourist rooming house, campground, camping resort, recreational or educational
11camp or public swimming pool exceeds the
permit
license issuer's reasonable costs
12of issuing
permits licenses to, making investigations and inspections of, and
13providing education, training and technical assistance to the establishment.
SB21-SSA1,1263,18
14(1p) (a) The department may grant the holder of a
permit license for a bed and
15breakfast establishment a waiver from the requirement specified under s.
254.61 (1)
16(b) 97.01 (1g) (b) to allow the holder of a
permit license for a bed and breakfast
17establishment to serve breakfast to other tourists or transients if all of the following
18conditions are met:
SB21-SSA1,1263,2119
2. The other tourists or transients are provided sleeping accommodations in a
20tourist rooming house for which the
permit license holder for the bed and breakfast
21establishment is the
permit license holder.
SB21-SSA1,1263,2422
(b) A waiver granted under par. (a) is valid for the period of validity of a
permit 23license that is issued for the bed and breakfast establishment under s.
254.64 97.605 24(1) (b).
SB21-SSA1,1264,3
1(2) A local health department designated as an agent under s.
254.69 (2) 97.615
2(2) may exercise the powers specified in sub. (1) (a) to (d), consistent with s.
254.69 397.615 (2) (g).
SB21-SSA1,4092
4Section
4092. 254.76 of the statutes is renumbered 97.627.
SB21-SSA1,4093
5Section
4093. 254.78 of the statutes is renumbered 254.04 and amended to
6read:
SB21-SSA1,1264,10
7254.04 Authority of department of safety and professional services. 8Nothing in this chapter
shall affect affects the authority of the department of safety
9and professional services relative to places of employment, elevators, boilers, fire
10escapes, fire protection, or the construction of public buildings.
SB21-SSA1,4094
11Section
4094. 254.79 of the statutes is renumbered 254.05.
SB21-SSA1,4095
12Section
4095. 254.80 of the statutes is renumbered 97.633.
SB21-SSA1,4096
13Section
4096. 254.81 of the statutes is renumbered 97.634.
SB21-SSA1,4097
14Section
4097. 254.82 of the statutes is renumbered 97.635.
SB21-SSA1,4098
15Section
4098. 254.83 of the statutes is renumbered 97.638.
SB21-SSA1,4099
16Section
4099. 254.84 (title), (1), (2), (3) and (4) of the statutes are renumbered
1797.639 (title), (1), (2), (3) and (4).
SB21-SSA1,4100
18Section
4100. 254.84 (5) of the statutes is renumbered 97.639 (5) and amended
19to read:
SB21-SSA1,1264,2420
97.639
(5) Construction. Nothing in this section may be construed to require
21establishments motels, motor courts, tourist cabins, or like accommodations to have
22outdoor or outside signs. This section shall be liberally construed so as to prevent
23untrue, misleading, false, or fraudulent representations relating to rates placed on
24outdoor or outside signs of the establishments.
SB21-SSA1,4101
25Section
4101. 254.84 (6) of the statutes is repealed.
SB21-SSA1,4102
1Section
4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2),
2(3) and (4), as renumbered, are amended to read:
SB21-SSA1,1265,133
97.65
(1) The department may enter, at reasonable hours, any premises for
4which a
permit license is required under this subchapter or s.
254.47 97.67 or any
5restaurant or temporary restaurant for which a license is required under s. 97.30 to
6inspect the premises, secure samples or specimens, examine and copy relevant
7documents and records
, or obtain photographic or other evidence needed to enforce
8this subchapter or s.
254.47 97.30 or 97.67. If samples of food are taken, the
9department shall pay or offer to pay the market value of the samples taken. The
10department shall examine the samples and specimens secured and shall conduct
11other inspections and examinations needed to determine whether there is a violation
12of this subchapter, s.
254.47 97.30 or 97.67, or rules promulgated by the department
13under this subchapter or s.
254.47 97.30 or 97.67.
SB21-SSA1,1266,4
14(2) (a) Whenever, as a result of an examination, the department has reasonable
15cause to believe that any examined food constitutes, or that any construction,
16sanitary condition, operation
, or method of operation of the premises or equipment
17used on the premises creates, an immediate danger to health, the
administrator of
18the division of the department
responsible for public health may issue a temporary
19order and cause it to be delivered to the
permittee
licensee, or to the owner or
20custodian of the food, or to both. The order may prohibit the sale or movement of the
21food for any purpose, prohibit the continued operation or method of operation of
22specific equipment, require the premises to cease other operations or methods of
23operation which create the immediate danger to health, or set forth any combination
24of these requirements. The
administrator department may order the cessation of all
25operations authorized by the
permit license only if a more limited order does not
1remove the immediate danger to health. Except as provided in par. (c), no temporary
2order is effective for longer than 14 days from the time of its delivery, but a temporary
3order may be reissued for one additional 14-day period, if necessary to complete the
4analysis or examination of samples, specimens
, or other evidence.
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(b) No food described in a temporary order issued and delivered under par. (a)
6may be sold or moved and no operation or method of operation prohibited by the
7temporary order may be resumed without the approval of the department, until the
8order has terminated or the time period specified in par. (a) has run out, whichever
9occurs first. If the department, upon completed analysis and examination,
10determines that the food, construction, sanitary condition, operation or method of
11operation of the premises or equipment does not constitute an immediate danger to
12health, the
permittee licensee, owner
, or custodian of the food or premises shall be
13promptly notified in writing and the temporary order shall terminate upon his or her
14receipt of the written notice.
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(c) If the analysis or examination shows that the food, construction, sanitary
16condition, operation or method of operation of the premises or equipment constitutes
17an immediate danger to health, the
permittee
licensee, owner
, or custodian shall be
18notified within the effective period of the temporary order issued under par. (a).
19Upon receipt of the notice, the temporary order remains in effect until a final decision
20is issued under sub. (3), and no food described in the temporary order may be sold
21or moved and no operation or method of operation prohibited by the order may be
22resumed without the approval of the department.
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23(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which
24informs the
permittee licensee, owner
, or custodian that he or she has a right to
25request a hearing in writing within 15 days after issuance of the notice. The
1department shall hold a hearing no later than 15 days after the department receives
2the written request for a hearing, unless both parties agree to a later date. A final
3decision shall be issued under s. 227.47 within 10 days of the conclusion of the
4hearing. The decision may order the destruction of food, the diversion of food to uses
5which do not pose a danger to health, the modification of food so that it does not create
6a danger to health, changes to or replacement of equipment or construction, other
7changes in or cessations of any operation or method of operation of the equipment
8or premises, or any combination of these actions necessary to remove the danger to
9health. The decision may order the cessation of all operations authorized by the
10permit license only if a more limited order will not remove the immediate danger to
11health.