January 28, 2015 - Introduced by Representative August, cosponsored by Senator
Farrow. Referred to Committee on State Affairs and Government Operations.
AB17,1,4 1An Act to renumber and amend 254.71 (3); to amend 254.71 (6) (b); and to
2create
254.71 (1g) (c) and 254.71 (3) (b) of the statutes; relating to: renewal
3of a certificate of food protection practices for certificate holders that operate or
4manage a restaurant employing five or fewer food handlers.
Analysis by the Legislative Reference Bureau
Under current law, effective January 1, 2015, no person may conduct, maintain,
manage or operate a restaurant unless the operator or at least one manager of the
restaurant holds a valid certificate of food protection practices (FPP certificate)
issued by the Department of Health Services (DHS) or, in certain cases, a local health
department. Under current law, again effective January 1, 2015, DHS may issue an
FPP certificate to an individual who satisfactorily completes an approved
examination or who has achieved comparable compliance. Certificates are valid for
five years, and under current law, a certificate holder may renew the FPP certificate
by satisfactorily completing an approved examination.
This bill creates an exception to the examination requirement for renewal of an
FPP certificate. If a certificate holder operates or manages a restaurant employing
five or fewer food handlers, the certificate holder has the option to renew by
satisfactorily completing a recertification training course approved by DHS instead
of an approved examination. The bill has a retroactive effective date of January 1,
2015, and provides that DHS must approve renewal applications for those certificate
holders operating or managing a restaurant employing five or fewer food handlers
that submitted renewal applications after January 1, 2015, and have been denied

renewal on the basis that they completed an approved recertification training course
instead of an approved examination.
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:
AB17,1 1Section 1. 254.71 (1g) (c) of the statutes is created to read:
AB17,2,32 254.71 (1g) (c) "Food handler" means an individual engaged in the preparation
3or processing of food at a restaurant and who is not a certificate holder.
AB17,2 4Section 2. 254.71 (3) of the statutes is renumbered 254.71 (3) (intro.) and
5amended to read:
AB17,2,86 254.71 (3) (intro.) Each certificate is valid for 5 years from the date of issuance
7and, except as provided in s. 250.041, may be renewed by the certificate holder if he
8or she satisfactorily completes all of the following:
AB17,2,10 9(a) If he or she operates or manages a restaurant employing more than 5 food
10handlers,
an approved examination.
AB17,3 11Section 3. 254.71 (3) (b) of the statutes is created to read:
AB17,2,1412 254.71 (3) (b) If he or she operates or manages a restaurant employing 5 or
13fewer food handlers, a recertification training course approved by the department or
14an approved examination.
AB17,4 15Section 4. 254.71 (6) (b) of the statutes is amended to read:
AB17,2,1716 254.71 (6) (b) Specifying standards for approval of examinations and training
17courses for recertification of food protection practices
required under this section.
AB17,5 18Section 5. Nonstatutory provisions.
AB17,2,2019 (1) The department of health services shall renew a certificate of food protection
20practices under section 254.71 of the statutes if all of the following apply:
AB17,3,2
1(a) The certificate holder operates or manages a restaurant employing 5 or
2fewer food handlers.
AB17,3,43 (b) On or after January 1, 2015, the certificate holder submitted an application
4for a renewal of a certificate of food protection practices.
AB17,3,85 (c) The certificate holder submitted, in addition to the application form
6submitted under paragraph (b), an official certificate indicating satisfactory
7completion of a recertification training course approved by the department under
8section 254.71, 2013 stats.
AB17,3,109 (d) The department denied the renewal only on the ground that the certificate
10holder failed to successfully complete an approved examination.
AB17,3,1411 (e) The certificate holder has submitted the required application fee. The
12department shall apply any application fee paid by the certificate holder as part of
13the application submitted under paragraph (b ) toward the renewal of a certificate of
14food protection practices.
AB17,6 15Section 6. Initial applicability.
AB17,3,1716 (1) This act first applies to an application for a renewal of a certificate of food
17protection practices that is submitted on the effective date of this subsection.
AB17,7 18Section 7. Effective date.
AB17,3,1919 (1) This act takes effect retroactively on January 1, 2015.
AB17,3,2020 (End)
Loading...
Loading...