LRB-3635/1
MED:jld:rs
2013 - 2014 LEGISLATURE
December 10, 2013 - Introduced by Senators Farrow and L. Taylor, cosponsored
by Representatives Thiesfeldt, Bernier, Bies, Brooks, Kahl, A. Ott, Petryk,
Ripp and Sinicki. Referred to Committee on Health and Human Services.
SB434,1,4 1An Act to renumber and amend 254.71 (1); to amend 254.71 (2), 254.71 (3)
2and 254.71 (6) (b); and to create 66.0436, 254.71 (1g) and 254.71 (1r) (b) and
3(c) of the statutes; relating to: requirements and local ordinances related to
4certificates of food protection practices.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services (DHS) may issue a
certificate of food protection practices (FPP certificate) to an individual who: 1)
satisfactorily completes a written examination approved by DHS that demonstrates
the individual's basic knowledge of food protection practices; or 2) has achieved
comparable compliance. Also under current law, an FPP certificate holder may
renew the FPP certificate after five years by satisfactorily completing a
recertification training course approved by DHS as meeting standards for approval
that are established by DHS by rule.
This bill eliminates the requirement that the initial examination be written
and requires examinations to be approved by DHS as meeting standards established
by DHS by rule (approved examinations). The bill also provides that an individual
renewing an FPP certificate, instead of satisfactorily completing a recertification
training course approved by DHS, must again satisfactorily complete an approved
examination.
The bill provides, subject to an exception, that whenever food is being prepared,
processed, or served at a restaurant, the person who holds the permit for the
restaurant issued by DHS or a local health department (restaurant permit holder)

must ensure that there is a person on the restaurant premises who holds an FPP
certificate. Under the exception, the restaurant permit holder is not required to
ensure that there is an FPP certificate holder on the premises if both of the following
apply: 1) the restaurant has five or fewer food handlers who are working at the
restaurant at that time; and 2) if the restaurant has had a priority violation at each
of two consecutive inspections, the restaurant has, subsequent to those inspections,
had two consecutive inspections without a priority health violation.
Finally, the bill prohibits a city, village, town, or county (local government) from
enacting an ordinance requiring a restaurant, a restaurant permit holder, or a
person who conducts, maintains, manages, or operates a restaurant to satisfy a
requirement related to the issuance or possession of an FPP certificate that is not
found under the provisions in the statutes related to FPP certificates. The bill
provides that, if a local government has in effect on the bill's effective date an
ordinance that is so prohibited, that ordinance does not apply and may not be
enforced.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB434,1 1Section 1. 66.0436 of the statutes is created to read:
SB434,2,3 266.0436 Certificates of food protection practices for restaurants. (1)
3In this section, "restaurant" has the meaning given in s. 254.61 (5).
SB434,2,8 4(2) No city, village, town, or county may enact an ordinance requiring a
5restaurant, a person who holds a permit for a restaurant, or a person who conducts,
6maintains, manages, or operates a restaurant to satisfy a requirement related to the
7issuance or possession of a certificate of food protection practices that is not found
8under s. 254.71.
SB434,2,11 9(3) If a city, village, town, or county has in effect on January 1, 2015, an
10ordinance that the city, village, town, or county is prohibited from enacting under
11sub. (2), the ordinance does not apply and may not be enforced.
SB434,2 12Section 2. 254.71 (1) of the statutes is renumbered 254.71 (1r) (a) and
13amended to read:
SB434,3,4
1254.71 (1r) (a) After January 1, 1995, no person may conduct, maintain,
2manage or operate a restaurant unless the operator or manager of the restaurant
3holds a current, valid certificate of food protection practices issued by the department
4is a certificate holder.
SB434,3 5Section 3. 254.71 (1g) of the statutes is created to read:
SB434,3,66 254.71 (1g) In this section:
SB434,3,97 (a) "Approved examination" means an examination that allows an individual
8to demonstrate basic knowledge of food protection practices and that is approved by
9the department as meeting the standards established under sub. (6) (b).
SB434,3,1110 (b) "Certificate holder" means an individual who holds a valid certificate of food
11protection practices issued under this section.
SB434,3,1412 (c) "Food" means a raw, cooked, or processed edible substance; ice; beverages;
13an ingredient used or intended for use or for sale in whole or in part for human
14consumption; or chewing gum.
SB434,3,1615 (d) "Food handler" means an individual who is engaged in the preparation,
16processing, or service of food at a restaurant and who is not a certificate holder.
SB434,4 17Section 4. 254.71 (1r) (b) and (c) of the statutes are created to read:
SB434,3,2118 254.71 (1r) (b) Except as provided in par. (c), whenever food is being prepared,
19processed, or served at a restaurant, the person who holds the permit for the
20restaurant shall ensure that a certificate holder is present on the premises of the
21restaurant.
SB434,3,2322 (c) Paragraph (b) does not apply to a restaurant if the restaurant satisfies all
23of the following:
SB434,3,2524 1. The restaurant has 5 or fewer food handlers who are working in the
25restaurant at that time.
SB434,4,6
12. If the restaurant has had a priority violation, as determined by the
2department or a local health department granted agent status under s. 254.69, at
3each of 2 consecutive inspections conducted on or after January 1, 2015, the
4restaurant has had 2 consecutive inspections subsequent to those inspections
5without a priority violation, as determined by the department or local health
6department.
SB434,5 7Section 5. 254.71 (2) of the statutes is amended to read:
SB434,4,128 254.71 (2) Except as provided in s. 250.041, the department may issue a
9certificate of food protection practices to an individual who satisfactorily completes
10 a written an approved examination , approved by the department, that demonstrates
11the individual's basic knowledge of food protection practices
or who has achieved
12comparable compliance.
SB434,6 13Section 6. 254.71 (3) of the statutes is amended to read:
SB434,4,1714 254.71 (3) Each certificate is valid for 5 years from the date of issuance and,
15except as provided in s. 250.041, may be renewed by the holder of the certificate
16holder if he or she satisfactorily completes a recertification training course approved
17by the department
an approved examination.
SB434,7 18Section 7. 254.71 (6) (b) of the statutes is amended to read:
SB434,4,2019 254.71 (6) (b) Specifying standards for approval of training courses for
20recertification of food protection practices
examinations required under this section.
SB434,8 21Section 8 . Initial applicability.
SB434,4,2422 (1) The treatment of section 254.71 (2) of the statutes first applies to an
23application for a certificate of food protection practices that is submitted on the
24effective date of this subsection.
SB434,5,3
1(2) The treatment of section 254.71 (3) of the statutes first applies to an
2application for a renewal of a certificate of food protection practices that is submitted
3on the effective date of this subsection.
SB434,9 4Section 9. Effective date.
SB434,5,55 (1) This act takes effect on January 1, 2015.
SB434,5,66 (End)
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