SB21-SSA1,818,1817 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may
18be represented by its attorney.
SB21-SSA1,2620 19Section 2620. 93.22 (2) of the statutes is amended to read:
SB21-SSA1,818,2320 93.22 (2) The department may, with the approval of the governor, appoint
21special counsel to prosecute or assist in the prosecution of any case arising under chs.
2288, 89, and 93 to 100. The cost of such special counsel shall be charged to the
23appropriation for the department.
SB21-SSA1,2621 24Section 2621. 93.22 (3) of the statutes is amended to read:
SB21-SSA1,819,6
193.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any
2exception, exemption, proviso, excuse, or qualification contained in any of said
3chapters, or in any order, standard, or regulation thereunder, may be proved by the
4defendant, but need not be specified or negatived in the information or complaint,
5and, if so specified or negatived, no proof in relation to the matters so specified or
6negatived, shall be required of the plaintiff.
SB21-SSA1,2629 7Section 2629. 93.59 of the statutes is created to read:
SB21-SSA1,819,13 893.59 Producer led watershed protection grants. (1) The department
9shall make grants for nonpoint source pollution abatement activities conducted with
10the assistance of producer led groups that comply with sub. (2). The department
11shall make a grant directly to the producer led group, except that, if the group is not
12a legal entity, the department may only make the grant to a legal entity on behalf of
13the group.
SB21-SSA1,819,15 14(2) The department may provide a grant under sub. (1) if all of the following
15apply:
SB21-SSA1,819,1916 (a) The producer led group includes at least 5 agricultural producers each of
17whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed. The
18group may include additional agricultural producers who are not required to be
19operators of eligible farms.
SB21-SSA1,819,2120 (b) The group is formed through a memorandum of understanding with the
21collaborating entity under par. (c).
SB21-SSA1,819,2222 (c) The group collaborates with at least one of the following:
SB21-SSA1,819,2323 1. The department.
SB21-SSA1,819,2424 2. The department of natural resources.
SB21-SSA1,819,2525 3. A county land conservation committee.
SB21-SSA1,820,2
14. The University of Wisconsin-Extension or the Discovery Farms program of
2the University of Wisconsin-Extension.
SB21-SSA1,820,33 5. A nonprofit conservation organization.
SB21-SSA1,820,54 (d) The group assists agricultural producers in the watershed under par. (a) to
5voluntarily conduct nonpoint source water pollution abatement activities.
SB21-SSA1,820,76 (e) The group contributes matching funds equal to at least 50 percent of eligible
7costs.
SB21-SSA1,820,11 8(3) A producer led group that receives, or on whose behalf a legal entity
9receives, a grant under this section shall annually file a report with the department
10describing the activities conducted with the grant and the impact of those activities
11on water quality in the watershed under sub. (2) (a).
SB21-SSA1,820,12 12(4) The department may promulgate rules that do all of the following:
SB21-SSA1,820,1313 (a) Define "legal entity" for the purposes of this section.
SB21-SSA1,820,1414 (b) Specify the application process for a grant under this section.
SB21-SSA1,820,1515 (c) Specify activities that may be conducted using a grant under this section.
SB21-SSA1,820,17 16(5) In any fiscal year, the department may not provide more than $20,000 to
17any single producer-led group or legal entity on behalf of the group.
SB21-SSA1,2636 18Section 2636. 94.67 (33m) of the statutes is amended to read:
SB21-SSA1,820,2019 94.67 (33m) "Veterinarian" means an individual who is licensed as a
20veterinarian under ch. 453 89.
SB21-SSA1,2637 21Section 2637. 94.67 (33t) of the statutes is amended to read:
SB21-SSA1,820,2322 94.67 (33t) "Veterinary technician" means an individual who is certified as a
23veterinary technician under ch. 453 89.
SB21-SSA1,2638 24Section 2638. 95.21 (1) (e) of the statutes is amended to read:
SB21-SSA1,821,2
195.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02
2(7).
SB21-SSA1,2639 3Section 2639. 95.21 (1) (em) of the statutes is amended to read:
SB21-SSA1,821,54 95.21 (1) (em) "Veterinary technician" has the meaning designated under s.
5453.02 89.02 (12).
SB21-SSA1,2640 6Section 2640. 95.21 (2) (a) of the statutes is amended to read:
SB21-SSA1,821,217 95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or
8sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a
9veterinarian or, if a veterinarian is physically present at the location the vaccine is
10administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no
11later than 5 months of age and revaccinated within one year after the initial
12vaccination. If the owner obtains the dog or brings the dog into this state after the
13dog has reached 5 months of age, the owner shall have the dog vaccinated against
14rabies within 30 days after the dog is obtained or brought into the state unless the
15dog has been vaccinated as evidenced by a current certificate of rabies vaccination
16from this state or another state. The owner of a dog shall have the dog revaccinated
17against rabies by a veterinarian or, if a veterinarian is physically present at the
18location the vaccine is administered, by a veterinary technician, pursuant to s.
19453.05 89.05 (2) (d), before the date that the immunization expires as stated on the
20certificate of vaccination or, if no date is specified, within 3 years after the previous
21vaccination.
SB21-SSA1,2641 22Section 2641. Chapter 97 (title) of the statutes is amended to read:
SB21-SSA1,821,2323 CHAPTER 97
SB21-SSA1,821,2524 FOOD REGULATION, lodging, AND
25 recreation
SB21-SSA1,2642
1Section 2642. Subchapter I (title) of chapter 97 [precedes 97.01] of the statutes
2is created to read:
SB21-SSA1,822,33 Chapter 97
SB21-SSA1,822,44 Subchapter I
SB21-SSA1,822,55 definitionS
SB21-SSA1,2643 6Section 2643. 97.01 (1) of the statutes is renumbered 97.01 (1r).
SB21-SSA1,2644 7Section 2644. Subchapter II (title) of chapter 97 [precedes 97.02] of the
8statutes is created to read:
SB21-SSA1,822,99 Chapter 97
SB21-SSA1,822,1010 Subchapter II
SB21-SSA1,822,1111 Food SAFETY AND regulation
SB21-SSA1,2645 12Section 2645. 97.12 (1) of the statutes is amended to read:
SB21-SSA1,822,2513 97.12 (1) For the purpose of enforcing this chapter, the department and its
14agents may, at reasonable hours, enter and inspect any premises for which a license
15is required under this chapter or
any farm, factory, warehouse, building, room,
16establishment or place at or in which foods are manufactured, processed, packed,
17packaged, stored or held for sale, and may enter any vehicle, including a vehicle used
18to transport or hold foods in commerce. The department and its agents may also
19secure samples or specimens, including samples or specimens of food and any
20product or substance that may affect food, examine and copy relevant documents and
21records, and obtain photographic and other evidence needed to enforce this chapter
22or a rule promulgated under this chapter. The department shall examine any
23samples secured and shall conduct other inspections and examinations needed to
24determine whether there is a violation of this chapter. The department shall pay or
25offer to pay the market value of samples taken.
SB21-SSA1,2646
1Section 2646. 97.12 (5) of the statutes is created to read:
SB21-SSA1,823,32 97.12 (5) Any person who fails to comply with an order issued under this
3chapter may be required to forfeit $50 for each day of noncompliance.
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:
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