SB21: Bill Text

SB21,1059,5 97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk milk tanker operator or milk distributor license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (4m), whichever is less, if the department determines that, within one year prior to submitting the license application, the applicant operated without a license or grade A permit in violation of this section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which that results from a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.

SB21,2655 Section 2655. 97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and amended to read:

SB21,1059,9 97.21 (4m) Fee amounts. Unless otherwise established by The department rule, shall establish the fees required under sub. (4) (a) and (b) are: by rule.

SB21,2656 Section 2656. 97.21 (4m) (a) of the statutes is repealed.

SB21,2657 Section 2657. 97.21 (4m) (b) of the statutes is repealed.

SB21,2658 Section 2658. 97.21 (5) of the statutes is amended to read:

SB21,1059,19 97.21 (5) Licensing and permitting contingent on payment of fees. The department may not issue or renew a grade A bulk milk tanker permit or milk distributor license unless the permit or license applicant pays all fees which that are due and payable by the applicant under sub. (4), as set forth in a statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition of permitting or licensing under this section.

SB21,2659 Section 2659. 97.25 (3) of the statutes is amended to read:

SB21,1060,3 97.25 (3) Rules. The department shall promulgate rules authorizing the operator of a dairy plant licensed under s. 97.20, or a retail food establishment licensed under s. 97.30 or a restaurant with a permit under s. 254.64 who complies with the rules to place upon the label of a dairy product the statement "Farmer-certified rBGH free." or an equivalent statement that is not false or misleading. The statement shall be based upon affidavits from milk producers stating that the milk producers do not use synthetic bovine growth hormone for the production of milk.

SB21,2660 Section 2660. 97.27 (1) (b) 3. of the statutes is amended to read:

SB21,1060,6 97.27 (1) (b) 3. A retail food establishment, restaurant or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.

SB21,2661 Section 2661. 97.29 (1) (c) of the statutes is amended to read:

SB21,1060,13 97.29 (1) (c) "Bottling establishment" means any place where drinking water, soda water beverage or alcohol beverage is manufactured or bottled for sale. "Bottling establishment" does not include a retail establishment engaged in the preparation and sale of beverages under a license issued under s. 125.26 or 125.51 or a restaurant permit license issued under s. 97.30 for a restaurant or other permit license issued under s. 254.64 97.605.

SB21,2662 Section 2662. 97.29 (1) (g) 3. of the statutes is amended to read:

SB21,1060,18 97.29 (1) (g) 3. The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a restaurant permit or other permit license issued under s. 254.64 97.605.

SB21,2663 Section 2663. 97.29 (1) (h) of the statutes is amended to read:

SB21,1060,24 97.29 (1) (h) "Food processing plant" means any place where food processing is conducted. "Food processing plant" does not include any establishment subject to the requirements of s. 97.30 or any restaurant or other an establishment holding a permit license under s. 254.64 97.605, to the extent that the activities of that establishment are covered by s. 97.30 or the permit license under s. 254.64 97.605.

SB21,2664 Section 2664. 97.30 (1) (c) of the statutes is amended to read:

SB21,1061,9 97.30 (1) (c) "Retail food establishment" means a permanent or mobile food processing facility where food processing is conducted primarily for direct retail sale to consumers at the facility, a mobile facility from which potentially hazardous food is sold to consumers at retail or a permanent facility from which food is sold to consumers at retail, whether or not that facility sells potentially hazardous food or is engaged in food processing. "Retail food establishment" does not include includes a restaurant or other establishment temporary restaurant, but does not include an establishment holding a permit license under s. 254.64 97.605, to the extent that the activities of the establishment are covered by that permit license.

SB21,2665 Section 2665. 97.30 (2) (b) 1. c. of the statutes is amended to read:

SB21,1061,19 97.30 (2) (b) 1. c. A retail food establishment which is exempted from licensing by the department by rule. If a restaurant or other an establishment for which a permit license has been issued under s. 254.64 97.605 is incidentally engaged in operating a retail food establishment at the same location, the department may exempt by rule the restaurant or establishment from licensing under this section. Rules under this subd. 1. c. shall conform to a memorandum of understanding between the department and the department of health services, under which the department of health services agrees to inspect the retail food establishment operations on behalf of the department.

SB21,2666 Section 2666. 97.30 (2) (c) of the statutes is created to read:

SB21,1062,2 97.30 (2) (c) Pre-licensing inspection. The department or an agent city or county may not issue a license for a new retail food establishment until it inspects the new retail food establishment for compliance with this section and rules promulgated under this section. A licensed retail food establishment is not considered a new retail food establishment under this paragraph solely because of a change in ownership, or solely because of alterations in the retail food establishment.

SB21,2667 Section 2667. 97.30 (3m) (intro.) of the statutes is amended to read:

SB21,1062,7 97.30 (3m) Fee amounts. (intro.) The department shall specify by rule the amount of the fees under sub. (3) for a restaurant. Unless otherwise required by department rule, the fees required under sub. (3) for a retail food establishment other than a restaurant are:

SB21,2668 Section 2668. 97.30 (3m) (a) (intro.) of the statutes is amended to read:

SB21,1062,11 97.30 (3m) (a) (intro.) For a retail food establishment , other than a restaurant, that has annual food sales of $25,000 or more but less than $1,000,000 and that processes potentially hazardous food, the following amounts:

SB21,2669 Section 2669. 97.30 (3m) (b) (intro.) of the statutes is amended to read:

SB21,1062,15 97.30 (3m) (b) (intro.) For a retail food establishment , other than a restaurant, that has annual food sales of $1,000,000 or more and that processes potentially hazardous food, the following amounts:

SB21,2670 Section 2670. 97.30 (3m) (c) (intro.) of the statutes is amended to read:

SB21,1062,19 97.30 (3m) (c) (intro.) For a retail food establishment , other than a restaurant, that has annual food sales of $25,000 or more and that is engaged in food processing, but that does not process potentially hazardous food, the following amounts:

SB21,2671 Section 2671. 97.30 (3m) (cm) of the statutes is amended to read:

SB21,1062,23 97.30 (3m) (cm) For a retail food establishment, other than a restaurant, that has annual food sales of less than $25,000 and that is engaged in food processing, an annual license fee of $40 and a reinspection fee of $40.

SB21,2672 Section 2672. 97.30 (3m) (d) of the statutes is amended to read:

SB21,1063,3 97.30 (3m) (d) For a retail food establishment , other than a restaurant, that is not engaged in food processing, an annual license fee of $20 and a reinspection fee of $50.

SB21,2673 Section 2673. 97.41 (1m) of the statutes is amended to read:

SB21,1063,21 97.41 (1m) In the administration of this chapter, the department may enter into a written agreement with a local health department, if the jurisdictional area of the local health department has a population greater than 5,000, which designates the local health department as the agent of the department of agriculture, trade and consumer protection for issuing licenses to and making investigations or inspections of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is made, no license other than the license issued by the local health department under this section may be required by the department of agriculture, trade and consumer protection or the local health department for the same operations. The department of agriculture, trade and consumer protection shall coordinate oversee the designation of agents under this section with the department of health services to ensure that, to the extent feasible, the same local health department is granted agent status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise provided by the department of agriculture, trade and consumer protection, a local health department granted agent status shall regulate all types of establishments for which this subsection permits the department of agriculture, trade and consumer protection to delegate regulatory authority.

SB21,2674 Section 2674. 97.41 (4) (a) of the statutes is amended to read:

SB21,1064,11 97.41 (4) (a) Except as provided in par. (b), a local health department granted agent status under this section shall establish and collect the license fee for retail food establishments, as defined in s. 97.30 (1) (c). The local health department may establish separate fees for preinspections pre-licensing inspections of new establishments, for preinspections pre-licensing inspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishments, plus the state fee established under sub. (5). A local health department which is granted agent status under this section or under s. 254.69, 97.615 may issue a single license and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment with respect to which it is granted agent status under this section or under s. 254.69 (2) 97.615 (2).

SB21,2675 Section 2675. 97.42 (3) (em) of the statutes is amended to read:

SB21,1064,19 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

SB21,2676 Section 2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the statutes is created to read:

SB21,1064,22 Chapter 97

SB21,1064,23 Subchapter III

SB21,1064,24 lodging AND VENDING MACHINES

SB21,2677 Section 2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the statutes is created to read:

SB21,1065,3 Chapter 97

SB21,1065,4 Subchapter Iv

SB21,1065,5 recreational sanitation

SB21,2678 Section 2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the statutes is created to read:

SB21,1065,8 Chapter 97

SB21,1065,9 Subchapter V

SB21,1065,10 general provisions

SB21,2679 Section 2679. 97.70 of the statutes is created to read:

SB21,1065,15 97.70 Authority of department of safety and professional services. Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

SB21,2680 Section 2680. 97.703 of the statutes is created to read:

SB21,1065,18 97.703 Joint employment. The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.

SB21,2681 Section 2681. 100.207 (6) (em) 2. of the statutes is amended to read:

SB21,1065,22 100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

SB21,2682 Section 2682. 100.36 of the statutes is amended to read:

SB21,1066,7 100.36 Frauds; substitute for butter; advertisement. No person may use the word "butter" in any way in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter. No person may use terms such as "cream", "creamery" or "dairy", or the name or representation of any breed of dairy cattle, or any combination of such words and representation, or any other words or symbols or combinations thereof commonly used in the sale of butter unless at least 40% of the substitute is butterfat. If the term "butter" is used in connection with the name of any such product, it shall be qualified so as to distinguish it from butter as defined in s. 97.01 (1) (1r).

SB21,2683 Section 2683. 100.45 (1) (dm) of the statutes is amended to read:

SB21,1066,18 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Fox River Navigational System Authority.

SB21,2684 Section 2684. 100.67 of the statutes is created to read:

SB21,1066,21 100.67 Private trade, business, technical, and other schools. (1) Definitions. In this section, unless the context clearly requires otherwise:

SB21,1066,22 (b) "Course" has the meaning given in s. 440.52 (1) (b).

SB21,1066,23 (c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).

SB21,1066,24 (d) "Person" has the meaning given in s. 440.52 (1) (d).

SB21,1066,25 (e) "School" has the meaning given in s. 440.52 (1) (e).

SB21,1067,3 (2) Responsibilities. The department shall protect the general public by investigating complaints and potential violations related to this section and s. 440.52.

SB21,1067,5 (3) Rule-making power. The department may promulgate rules and establish standards necessary to administer this section.

SB21,2685 Section 2685. 101.01 (4) of the statutes is amended to read:

SB21,1067,11 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB21,2686 Section 2686. 101.02 (20) (b) of the statutes is amended to read:

SB21,1067,23 101.02 (20) (b) Except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of safety and professional services with his or her social security number and each applicant that is not an individual provides the department of safety and professional services with its federal employer identification number. The department of safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

SB21,2687 Section 2687. 101.02 (20) (c) of the statutes is amended to read:

SB21,1068,5 101.02 (20) (c) The department of safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions.

SB21,2688 Section 2688. 101.02 (20) (d) of the statutes is amended to read:

SB21,1068,11 101.02 (20) (d) The department of safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions.

SB21,2689 Section 2689. 101.02 (20) (e) 1. of the statutes is amended to read:

SB21,1068,18 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

SB21,2690 Section 2690. 101.02 (21) (b) of the statutes is amended to read:

SB21,1069,3 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless the applicant provides the department of safety and professional services with his or her social security number. The department of safety and professional services may not disclose the social security number except that the department of safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

SB21,2691 Section 2691. 101.02 (21) (e) 1. of the statutes is amended to read:

SB21,1069,10 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

SB21,2692 Section 2692. 101.05 (2) of the statutes is amended to read:

SB21,1069,14 101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), is not subject to building codes adopted by the department under this subchapter.

SB21,2693 Section 2693. 101.12 (1) (intro.) of the statutes is amended to read: