SB21,1054,77 5. A nonprofit conservation organization.
SB21,1054,98 (d) The group assists agricultural producers in the watershed under par. (a) to
9voluntarily conduct nonpoint source water pollution abatement activities.
SB21,1054,13 10(3) A producer led group that receives, or on whose behalf a legal entity
11receives, a grant under this section shall annually file a report with the department
12describing the activities conducted with the grant and the impact of those activities
13on water quality in the watershed under sub. (2) (a).
SB21,1054,14 14(4) The department may promulgate rules that do all of the following:
SB21,1054,1515 (a) Define "legal entity" for the purposes of this section.
SB21,1054,1616 (b) Specify the application process for a grant under this section.
SB21,1054,1717 (c) Specify activities that may be conducted using a grant under this section.
SB21,2630 18Section 2630. 94.64 (4) (a) 2. of the statutes is repealed.
SB21,2631 19Section 2631. 94.64 (4) (a) 3. of the statutes is repealed.
SB21,2632 20Section 2632. 94.64 (4) (c) 2. of the statutes is repealed.
SB21,2633 21Section 2633. 94.64 (4) (c) 3. of the statutes is repealed.
SB21,2634 22Section 2634. 94.64 (8m) of the statutes is repealed.
SB21,2635 23Section 2635. 94.65 (6) (a) 3. of the statutes is repealed.
SB21,2636 24Section 2636. 94.67 (33m) of the statutes is amended to read:
SB21,1055,2
194.67 (33m) "Veterinarian" means an individual who is licensed as a
2veterinarian under ch. 453 89.
SB21,2637 3Section 2637. 94.67 (33t) of the statutes is amended to read:
SB21,1055,54 94.67 (33t) "Veterinary technician" means an individual who is certified as a
5veterinary technician under ch. 453 89.
SB21,2638 6Section 2638. 95.21 (1) (e) of the statutes is amended to read:
SB21,1055,87 95.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02
8(7).
SB21,2639 9Section 2639. 95.21 (1) (em) of the statutes is amended to read:
SB21,1055,1110 95.21 (1) (em) "Veterinary technician" has the meaning designated under s.
11453.02 89.02 (12).
SB21,2640 12Section 2640. 95.21 (2) (a) of the statutes is amended to read:
SB21,1056,213 95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or
14sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a
15veterinarian or, if a veterinarian is physically present at the location the vaccine is
16administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no
17later than 5 months of age and revaccinated within one year after the initial
18vaccination. If the owner obtains the dog or brings the dog into this state after the
19dog has reached 5 months of age, the owner shall have the dog vaccinated against
20rabies within 30 days after the dog is obtained or brought into the state unless the
21dog has been vaccinated as evidenced by a current certificate of rabies vaccination
22from this state or another state. The owner of a dog shall have the dog revaccinated
23against rabies by a veterinarian or, if a veterinarian is physically present at the
24location the vaccine is administered, by a veterinary technician, pursuant to s.
25453.05 89.05 (2) (d), before the date that the immunization expires as stated on the

1certificate of vaccination or, if no date is specified, within 3 years after the previous
2vaccination.
SB21,2641 3Section 2641. Chapter 97 (title) of the statutes is amended to read:
SB21,1056,44 CHAPTER 97
SB21,1056,65 FOOD REGULATION, lodging, AND
6 recreation
SB21,2642 7Section 2642. Subchapter I (title) of chapter 97 [precedes 97.01] of the statutes
8is created to read:
SB21,1056,99 Chapter 97
SB21,1056,1010 Subchapter I
SB21,1056,1111 definitionS
SB21,2643 12Section 2643. 97.01 (1) of the statutes is renumbered 97.01 (1r).
SB21,2644 13Section 2644. Subchapter II (title) of chapter 97 [precedes 97.02] of the
14statutes is created to read:
SB21,1056,1515 Chapter 97
SB21,1056,1616 Subchapter II
SB21,1056,1717 Food SAFETY AND regulation
SB21,2645 18Section 2645. 97.12 (1) of the statutes is amended to read:
SB21,1057,619 97.12 (1) For the purpose of enforcing this chapter, the department and its
20agents may, at reasonable hours, enter and inspect any premises for which a license
21is required under this chapter or
any farm, factory, warehouse, building, room,
22establishment or place at or in which foods are manufactured, processed, packed,
23packaged, stored or held for sale, and may enter any vehicle, including a vehicle used
24to transport or hold foods in commerce. The department and its agents may also
25secure samples or specimens, including samples or specimens of food and any

1product or substance that may affect food, examine and copy relevant documents and
2records, and obtain photographic and other evidence needed to enforce this chapter
3or a rule promulgated under this chapter. The department shall examine any
4samples secured and shall conduct other inspections and examinations needed to
5determine whether there is a violation of this chapter. The department shall pay or
6offer to pay the market value of samples taken.
SB21,2646 7Section 2646. 97.12 (5) of the statutes is created to read:
SB21,1057,98 97.12 (5) Any person who fails to comply with an order issued under this
9chapter may be required to forfeit $50 for each day of noncompliance.
SB21,2647 10Section 2647. 97.18 (5m) of the statutes is repealed.
SB21,2648 11Section 2648. 97.20 (2) (e) 2. of the statutes is amended to read:
SB21,1057,1512 97.20 (2) (e) 2. The retail preparation and processing of meals for sale directly
13to consumers or through vending machines, if the preparation and processing is
14covered under a restaurant permit or other permit license issued under s. 254.64
1597.605.
SB21,2649 16Section 2649. 97.21 (2) (a) of the statutes is repealed.
SB21,2650 17Section 2650. 97.21 (2) (b) (title) of the statutes is repealed.
SB21,2651 18Section 2651. 97.21 (2) (b) of the statutes is renumbered 97.21 (2) and
19amended to read:
SB21,1058,820 97.21 (2) Bulk milk tanker; license; grade A permit. No person may operate
21a bulk milk tanker to transport milk or fluid milk products in bulk for sale or
22distribution as grade A milk or grade A milk products without a valid grade A bulk
23milk tanker permit issued annually by the department or an equivalent regulatory
24agency in another state
for that bulk milk tanker. A grade A bulk milk tanker permit
25is not transferable between persons or bulk milk tankers. A permit may be issued

1in the form of an endorsement on a bulk milk tanker license under par. (a).
An
2application for a permit shall be made on a form provided by the department, and
3may be included with a license application under par. (a). The
. An applicant shall
4include with an application for a permit proof that the bulk milk tanker has passed
5an inspection conducted within the preceding year by the department or an
6individual certified by the department to conduct bulk milk tanker inspections.
7Except as provided in sub. (4), the
department may not charge a fee for a grade A bulk
8milk tanker permit issued under this paragraph.
SB21,2652 9Section 2652. 97.21 (4) (a) of the statutes is amended to read:
SB21,1058,1110 97.21 (4) (a) License fee. An applicant for a bulk milk tanker or milk distributor
11license shall pay the license fee specified under sub. (4m).
SB21,2653 12Section 2653. 97.21 (4) (b) of the statutes is amended to read:
SB21,1058,2113 97.21 (4) (b) Reinspection fee. If the department reinspects a bulk milk tanker
14or the vehicle or facilities of a milk distributor because the department finds a
15violation of this chapter or rules promulgated under this chapter, the department
16shall charge the bulk milk tanker operator or milk distributor the reinspection fee
17specified under sub. (4m). The reinspection fee is payable when the reinspection is
18completed, and is due upon written demand from the department. The department
19may issue a demand for payment when it issues a license permit renewal application
20to the bulk milk tanker operator or a license renewal application to the milk
21distributor.
SB21,2654 22Section 2654. 97.21 (4) (c) of the statutes is amended to read:
SB21,1059,523 97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk
24milk tanker operator or
milk distributor license shall pay a license fee surcharge of
25$100 or twice the amount of the annual license fee specified under sub. (4m),

1whichever is less, if the department determines that, within one year prior to
2submitting the license application, the applicant operated without a license or grade
3A permit
in violation of this section. Payment of this license fee surcharge does not
4relieve the applicant of any other civil or criminal liability which that results from
5a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.
SB21,2655 6Section 2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and
7amended to read:
SB21,1059,98 97.21 (4m) Fee amounts. Unless otherwise established by The department
9rule, shall establish the fees required under sub. (4) (a) and (b) are: by rule.
SB21,2656 10Section 2656. 97.21 (4m) (a) of the statutes is repealed.
SB21,2657 11Section 2657. 97.21 (4m) (b) of the statutes is repealed.
SB21,2658 12Section 2658. 97.21 (5) of the statutes is amended to read:
SB21,1059,1913 97.21 (5) Licensing and permitting contingent on payment of fees. The
14department may not issue or renew a grade A bulk milk tanker permit or milk
15distributor license unless the permit or license applicant pays all fees which that are
16due and payable by the applicant under sub. (4), as set forth in a statement from the
17department. The department shall refund a fee paid under protest if the department
18determines that the fee was not due and payable as a condition of permitting or
19licensing under this section.
SB21,2659 20Section 2659. 97.25 (3) of the statutes is amended to read:
SB21,1060,321 97.25 (3) Rules. The department shall promulgate rules authorizing the
22operator of a dairy plant licensed under s. 97.20, or a retail food establishment
23licensed under s. 97.30 or a restaurant with a permit under s. 254.64 who complies
24with the rules to place upon the label of a dairy product the statement
25"Farmer-certified rBGH free." or an equivalent statement that is not false or

1misleading. The statement shall be based upon affidavits from milk producers
2stating that the milk producers do not use synthetic bovine growth hormone for the
3production of milk.
SB21,2660 4Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:
SB21,1060,65 97.27 (1) (b) 3. A retail food establishment, restaurant or other retail facility
6at which food is stored on a temporary basis incidental to retail preparation or sale.
SB21,2661 7Section 2661. 97.29 (1) (c) of the statutes is amended to read:
SB21,1060,138 97.29 (1) (c) "Bottling establishment" means any place where drinking water,
9soda water beverage or alcohol beverage is manufactured or bottled for sale.
10"Bottling establishment" does not include a retail establishment engaged in the
11preparation and sale of beverages under a license issued under s. 125.26 or 125.51
12or a restaurant permit license issued under s. 97.30 for a restaurant or other permit
13license issued under s. 254.64 97.605.
SB21,2662 14Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:
SB21,1060,1815 97.29 (1) (g) 3. The retail preparation and processing of meals for sale directly
16to consumers or through vending machines if the preparation and processing is
17covered under a restaurant permit or other permit license issued under s. 254.64
1897.605.
SB21,2663 19Section 2663. 97.29 (1) (h) of the statutes is amended to read:
SB21,1060,2420 97.29 (1) (h) "Food processing plant" means any place where food processing
21is conducted. "Food processing plant" does not include any establishment subject to
22the requirements of s. 97.30 or any restaurant or other an establishment holding a
23permit license under s. 254.64 97.605, to the extent that the activities of that
24establishment are covered by s. 97.30 or the permit license under s. 254.64 97.605.
SB21,2664 25Section 2664. 97.30 (1) (c) of the statutes is amended to read:
SB21,1061,9
197.30 (1) (c) "Retail food establishment" means a permanent or mobile food
2processing facility where food processing is conducted primarily for direct retail sale
3to consumers at the facility, a mobile facility from which potentially hazardous food
4is sold to consumers at retail or a permanent facility from which food is sold to
5consumers at retail, whether or not that facility sells potentially hazardous food or
6is engaged in food processing. "Retail food establishment" does not include includes
7a restaurant or other establishment temporary restaurant, but does not include an
8establishment
holding a permit license under s. 254.64 97.605, to the extent that the
9activities of the establishment are covered by that permit license.
SB21,2665 10Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:
SB21,1061,1911 97.30 (2) (b) 1. c. A retail food establishment which is exempted from licensing
12by the department by rule. If a restaurant or other an establishment for which a
13permit license has been issued under s. 254.64 97.605 is incidentally engaged in
14operating a retail food establishment at the same location, the department may
15exempt by rule the restaurant or establishment from licensing under this section.
16Rules under this subd. 1. c. shall conform to a memorandum of understanding
17between the department and the department of health services, under which the
18department of health services agrees to inspect the retail food establishment
19operations on behalf of the department.
SB21,2666 20Section 2666. 97.30 (2) (c) of the statutes is created to read:
SB21,1062,221 97.30 (2) (c) Pre-licensing inspection. The department or an agent city or
22county may not issue a license for a new retail food establishment until it inspects
23the new retail food establishment for compliance with this section and rules
24promulgated under this section. A licensed retail food establishment is not
25considered a new retail food establishment under this paragraph solely because of

1a change in ownership, or solely because of alterations in the retail food
2establishment.
SB21,2667 3Section 2667. 97.30 (3m) (intro.) of the statutes is amended to read:
SB21,1062,74 97.30 (3m) Fee amounts. (intro.) The department shall specify by rule the
5amount of the fees under sub. (3) for a restaurant.
Unless otherwise required by
6department rule, the fees required under sub. (3) for a retail food establishment other
7than a restaurant
are:
SB21,2668 8Section 2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:
SB21,1062,119 97.30 (3m) (a) (intro.) For a retail food establishment , other than a restaurant,
10that has annual food sales of $25,000 or more but less than $1,000,000 and that
11processes potentially hazardous food, the following amounts:
SB21,2669 12Section 2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:
SB21,1062,1513 97.30 (3m) (b) (intro.) For a retail food establishment , other than a restaurant,
14that has annual food sales of $1,000,000 or more and that processes potentially
15hazardous food, the following amounts:
SB21,2670 16Section 2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:
SB21,1062,1917 97.30 (3m) (c) (intro.) For a retail food establishment , other than a restaurant,
18that has annual food sales of $25,000 or more and that is engaged in food processing,
19but that does not process potentially hazardous food, the following amounts:
SB21,2671 20Section 2671. 97.30 (3m) (cm) of the statutes is amended to read:
SB21,1062,2321 97.30 (3m) (cm) For a retail food establishment, other than a restaurant, that
22has annual food sales of less than $25,000 and that is engaged in food processing, an
23annual license fee of $40 and a reinspection fee of $40.
SB21,2672 24Section 2672. 97.30 (3m) (d) of the statutes is amended to read:
SB21,1063,3
197.30 (3m) (d) For a retail food establishment , other than a restaurant, that
2is not engaged in food processing, an annual license fee of $20 and a reinspection fee
3of $50.
SB21,2673 4Section 2673. 97.41 (1m) of the statutes is amended to read:
SB21,1063,215 97.41 (1m) In the administration of this chapter, the department may enter
6into a written agreement with a local health department, if the jurisdictional area
7of the local health department has a population greater than 5,000, which designates
8the local health department as the agent of the department of agriculture, trade and
9consumer protection for issuing licenses to and making investigations or inspections
10of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is
11made, no license other than the license issued by the local health department under
12this section may be required by the department of agriculture, trade and consumer
13protection or the local health department for the same operations. The department
14of agriculture, trade and consumer protection shall coordinate oversee the
15designation of agents under this section with the department of health services to
16ensure that, to the extent feasible, the same local health department is granted agent
17status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise
18provided by the department of agriculture, trade and consumer protection, a local
19health department granted agent status shall regulate all types of establishments
20for which this subsection permits the department of agriculture, trade and consumer
21protection to delegate regulatory authority.
SB21,2674 22Section 2674. 97.41 (4) (a) of the statutes is amended to read:
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