definitionS
55,2643
Section
2643. 97.01 (1) of the statutes is renumbered 97.01 (1r).
55,2644
Section
2644. Subchapter II (title) of chapter 97 [precedes 97.02] of the statutes is created to read:
Chapter 97
Subchapter II
Food SAFETY AND regulation
55,2645
Section
2645. 97.12 (1) of the statutes is amended to read:
97.12 (1) For the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any premises for which a license is required under this chapter or any farm, factory, warehouse, building, room, establishment or place at or in which foods are manufactured, processed, packed, packaged, stored or held for sale, and may enter any vehicle, including a vehicle used to transport or hold foods in commerce. The department and its agents may also secure samples or specimens, including samples or specimens of food and any product or substance that may affect food, examine and copy relevant documents and records, and obtain photographic and other evidence needed to enforce this chapter or a rule promulgated under this chapter. The department shall examine any samples secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this chapter. The department shall pay or offer to pay the market value of samples taken.
55,2646
Section
2646. 97.12 (5) of the statutes is created to read:
97.12 (5) Any person who fails to comply with an order issued under this chapter may be required to forfeit $50 for each day of noncompliance.
55,2647
Section
2647. 97.18 (5m) of the statutes is repealed.
55,2648
Section
2648. 97.20 (2) (e) 2. of the statutes is amended to read:
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.
55,2649
Section
2649. 97.21 (2) (a) of the statutes is repealed.
55,2650
Section
2650. 97.21 (2) (b) (title) of the statutes is repealed.
55,2651
Section
2651. 97.21 (2) (b) of the statutes is renumbered 97.21 (2) and amended to read:
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.
55,2652
Section
2652. 97.21 (4) (a) of the statutes is amended to read:
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).
55,2653
Section
2653. 97.21 (4) (b) of the statutes is amended to read:
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.
55,2654
Section
2654. 97.21 (4) (c) of the statutes is amended to read:
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.
55,2655
Section
2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and amended to read:
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.
55,2656
Section
2656. 97.21 (4m) (a) of the statutes is repealed.
55,2657
Section
2657. 97.21 (4m) (b) of the statutes is repealed.
55,2658
Section
2658. 97.21 (5) of the statutes is amended to read:
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.
55,2659
Section
2659. 97.25 (3) of the statutes is amended to read:
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.
55,2660
Section
2660. 97.27 (1) (b) 3. of the statutes is amended to read:
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.
55,2661
Section
2661. 97.29 (1) (c) of the statutes is amended to read:
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.
55,2662
Section
2662. 97.29 (1) (g) 3. of the statutes is amended to read:
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.
55,2663
Section
2663. 97.29 (1) (h) of the statutes is amended to read:
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.
55,2664
Section
2664. 97.30 (1) (c) of the statutes is amended to read:
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.
55,2665
Section
2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:
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.
