AB414: Bill Text

LRB-2413/2

RLR:kjf:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 414

September 4, 2009 - Introduced by Representatives Richards, Petrowski, Bernard Schaber and Townsend, cosponsored by Senators Risser, Hopper and Taylor. Referred to Committee on Public Health.

AB414,1,3 An Act to repeal 254.71 (6) (b); and to amend 254.71 (3) of the statutes; relating to: requirements for a certificate of food protection practices and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

Under current law, a person must have a certificate of food protection practices to manage or operate a restaurant. A person must pass a written examination that is approved by the Department of Health Services (DHS), or achieve comparable compliance, to obtain a certificate. A certificate is valid for five years and may be renewed upon satisfactory completion of a recertification training course that is approved by DHS.

This bill requires that a person pass a written examination on food protection practices that is approved by DHS to renew a certificate of food protection practices. The bill also authorizes DHS to promulgate an emergency rule establishing criteria for approving an examination for certificate renewal without providing evidence that an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and without making a finding of emergency.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB414, s. 1 Section 1. 254.71 (3) of the statutes is amended to read:

AB414,2,5 254.71 (3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041, may be renewed by the holder of the certificate if he or she satisfactorily completes a recertification training course written examination that is approved by the department and demonstrates the individual's basic knowledge of food protection practices.

AB414, s. 2 Section 2. 254.71 (6) (b) of the statutes is repealed.

AB414, s. 3 Section 3. Nonstatutory provisions.

AB414,2,17 (1) Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules establishing criteria for approval of an examination that is required for renewal of a certificate of food protection practices under section 254.71 (3) of the statutes, as affected by this act, for the period before the effective date of any permanent rule establishing criteria for approval of an examination. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB414, s. 4 Section 4. Effective date.

AB414,2,20 (1) This act takes effect on first day of the 7th month beginning after publication.

AB414,2,21 (End)