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.
55,2666
Section
2666. 97.30 (2) (c) of the statutes is created to read:
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.
55,2667
Section
2667. 97.30 (3m) (intro.) of the statutes is amended to read:
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:
55,2668
Section
2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:
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:
55,2669
Section
2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:
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:
55,2670
Section
2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:
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:
55,2671
Section
2671. 97.30 (3m) (cm) of the statutes is amended to read:
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.
55,2672
Section
2672. 97.30 (3m) (d) of the statutes is amended to read:
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.
55,2673
Section
2673. 97.41 (1m) of the statutes is amended to read:
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.
55,2674
Section
2674. 97.41 (4) (a) of the statutes is amended to read:
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).
55,2675
Section
2675. 97.42 (3) (em) of the statutes is amended to read:
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.
55,2676
Section
2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the statutes is created to read:
Chapter 97
Subchapter III
lodging AND VENDING MACHINES
55,2677
Section
2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the statutes is created to read:
Chapter 97
Subchapter Iv
recreational sanitation
55,2678
Section
2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the statutes is created to read:
Chapter 97
Subchapter V
general provisions
55,2679
Section
2679. 97.70 of the statutes is created to read:
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.
55,2680
Section
2680. 97.703 of the statutes is created to read:
97.703 Joint employment. The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.
55,2682
Section
2682. 100.36 of the statutes is amended to read:
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).
55,2683b
Section 2683b. 100.60 (1) (b) 2. of the statutes is amended to read:
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).
55,2683d
Section 2683d. 100.60 (1) (c) 2. of the statutes is amended to read:
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).
55,2683f
Section 2683f. 100.60 (3) (a) of the statutes is amended to read:
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.
55,2683h
Section 2683h. 100.60 (6) (a) of the statutes is amended to read:
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.
55,2683i
Section 2683i. 100.60 (7) (title) of the statutes is repealed and recreated to read:
100.60 (7) (title) Rules.
55,2683j
Section 2683j. 100.60 (7) (a) of the statutes is amended to read:
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.
55,2683m
Section 2683m. 100.60 (7) (b) of the statutes is amended to read:
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.
55,2685m
Section 2685m. 101.02 (7r) (a) of the statutes is amended to read:
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).
55,2692
Section
2692. 101.05 (2) of the statutes is amended to read:
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.
55,2693
Section
2693. 101.12 (1) (intro.) of the statutes is amended to read:
101.12 (1) (intro.) Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:
55,2694
Section
2694. 101.123 (1) (bn) 1. of the statutes is amended to read:
101.123 (1) (bn) 1. A bed and breakfast establishment, as defined in s. 254.61 (1) 97.01 (1g).
55,2695
Section
2695. 101.123 (1) (bn) 2. of the statutes is amended to read:
101.123 (1) (bn) 2. A hotel, as defined in s.
254.61 (3) 97.01 (7).
55,2696
Section
2696. 101.123 (1) (bn) 3. of the statutes is amended to read:
101.123 (1) (bn) 3. A tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).
55,2697
Section
2697. 101.123 (1) (f) of the statutes is amended to read:
101.123 (1) (f) "Restaurant" means an establishment as defined has the meaning given in s. 254.61 (5) 97.01 (14g).
55,2699
Section
2699. 101.128 (1) (c) of the statutes is amended to read:
101.128 (1) (c) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).
55,2700
Section
2700. 101.128 (1) (e) of the statutes is amended to read:
101.128 (1) (e) "Restaurant" has the meaning given in s. 254.61 (5) 97.01 (14g).
55,2705
Section
2705. 101.149 (1) (ag) of the statutes is amended to read:
101.149 (1) (ag) "Bed and breakfast establishment" has the meaning given in s. 254.61 (1) 97.01 (1g).
55,2706
Section
2706. 101.149 (1) (cm) of the statutes is amended to read:
101.149 (1) (cm) "Tourist rooming house" has the meaning given in s. 254.61 (6) 97.01 (15k).
55,2707
Section
2707. 101.149 (5) (c) of the statutes is amended to read:
101.149 (5) (c) All of the fuel-burning appliances in the residential building have sealed combustion units that are inspected as provided in the rules promulgated by the department under sub. (6) (b) or in the rules promulgated by the department of health services under s.
254.74 97.625 (1) (am).
55,2710
Section
2710
. 101.149 (8) (a) of the statutes is amended to read:
101.149 (8) (a) If the department of safety and professional services or the department of health services agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 254.74 97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
55,2711
Section
2711. 101.31 of the statutes is repealed.
55,2714
Section
2714. 101.63 (1) (intro.) of the statutes is amended to read:
101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), except that the rules apply to all of the following:
55,2714m
Section 2714m. 101.642 of the statutes is renumbered 101.642 (1).
55,2714n
Section 2714n. 101.642 (2) of the statutes is created to read:
101.642 (2) The department may not promulgate or enforce a rule that requires that any one- or 2-family dwelling contain an automatic fire sprinkler system, as defined in s. 145.01 (2).
55,2715
Section
2715. 101.647 (1) (am) of the statutes is amended to read:
101.647 (1) (am) Notwithstanding s. 101.61 (1), "dwelling" does not include a tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).
55,2715m
Section 2715m. 101.648 of the statutes is created to read:
101.648 Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards. (1) In this section:
