97.29(1)(b)
(b) "Bakery" means any place where bread, crackers, pasta or pies, or any other food product for which flour or meal is the principal ingredient, are baked, cooked or dried, or prepared or mixed for baking, cooking or drying, for sale as food.
97.29(1)(c)
(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 or other permit issued under
s. 254.64.
97.29(1)(d)
(d) "Canning" means the preservation and packaging in hermetically sealed containers of low-acid or acidified foods.
97.29(1)(e)
(e) "Confectionary" means any place where candy, fruit, nutmeats or any other food product is manufactured, coated or filled with saccharine substances for sale as food.
97.29(1)(f)
(f) "Drinking water" means water used or intended for use for human consumption. "Drinking water" includes distilled water, artesian water, spring water and mineral water, whether carbonated or uncarbonated, if consumed by humans or intended for human consumption.
97.29(1)(g)
(g) "Food processing" means the manufacture or preparation of food for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. "Food processing" includes the activities of a bakery, confectionary or bottling establishment, and also includes the receipt and salvaging of distressed food for sale or use as food. "Food processing" does not include any of the following:
97.29(1)(g)2.
2. Activities covered under a meat or poultry establishment license issued under
s. 97.42.
97.29(1)(g)3.
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 issued under
s. 254.64.
97.29(1)(g)5.
5. The extraction of honey from the comb, or the production and sale of raw honey or raw bee products by a beekeeper.
97.29(1)(g)6.
6. The washing and packaging of fresh fruits and vegetables if the fruits and vegetables are not otherwise processed at the packaging establishment.
97.29(1)(g)7.
7. The receipt and salvaging of distressed food for sale or use as food if the food is received, salvaged and used solely by a charitable organization and if contributions to the charitable organization are deductible by corporations in computing net income under
s. 71.26 (2) (a).
97.29(1)(g)8.
8. Any other activity exempted by the department by rule.
97.29(1)(h)
(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 establishment holding a permit under
s. 254.64, to the extent that the activities of that establishment are covered by
s. 97.30 or the permit under
s. 254.64.
97.29(1)(i)
(i) "Soda water beverage" means all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened or flavored.
97.29(2)(a)(a)
Requirement. Except as provided under
par. (b), no person may operate a food processing plant without a valid license issued by the department for that food processing plant. A license expires on March 31 annually. Each food processing plant shall have a separate license. A license is not transferable between persons or locations. Application for a license shall be made on a form provided by the department and be accompanied by the applicable fees required under
sub. (3). An applicant shall identify the categories of food processing activities which the applicant proposes to conduct at the food processing plant. An application shall include additional information which may reasonably be required by the department for licensing purposes.
97.29(2)(b)
(b)
Exemptions. If a dairy plant licensed under
s. 97.20 or a meat establishment licensed under
s. 97.42 is incidentally engaged in the operation of a food processing plant at the same location, the department may exempt by rule the dairy plant or meat establishment from licensing under this section.
97.29(2)(c)
(c)
Added operations. No food processing plant may add a new category of food processing operations during the time period for which a food processing plant license was issued unless the operator of the food processing plant first notifies the department and obtains written authorization for the new category of operations. "New category of food processing operations" may include any of the following operations which were not identified on the most recent license application for the food processing plant:
97.29(2)(c)5.
5. Freezing, smoking or other food preservation operations which constitute a significant departure from the operations described in the most recent license application.
97.29(2)(c)6.
6. Any other category of food processing operations which constitutes a significant departure from the operations described in the most recent license application.
97.29(3)(a)(a)
Annual license fee; all food processing plants. An applicant for a food processing plant license shall pay the license fee specified under
par. (am), based on the dollar volume of production by the food processing plant during the previous license year. The annual dollar volume of production shall be determined by gross sales of the product processed during the license year, plus the inventory value of any portion of the product not sold. If the food processing plant was not licensed during the previous license year, the license applicant shall pay an estimated license fee based on projected annual production in the license year for which application is made. At the end of the license year for which an estimated fee has been paid, the licensee shall report to the department the actual production during the license year, and the license fee for that year shall be recomputed based on the actual production. If the license fee based on actual production differs from the estimated license fee, the licensee shall pay the balance due or receive a credit from the department on the next year's license fee.
97.29(3)(am)
(am)
Fee amounts. Unless otherwise required by department rule, the annual fees required under
par. (a) are:
97.29(3)(am)1.
1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, an annual license fee of $120.
97.29(3)(am)2.
2. For a food processing plant that has an annual production of $250,000 or more and that is engaged in processing potentially hazardous food or in canning, an annual license fee of $270.
97.29(3)(am)3.
3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, an annual license fee of $50.
97.29(3)(am)4.
4. For a food processing plant that has an annual production of $250,000 or more and that is not engaged in processing potentially hazardous food or in canning, an annual license fee of $110.
97.29(3)(am)5.
5. For a food processing plant that has an annual production of less than $25,000, an annual license fee of $40.
97.29(3)(b)
(b)
Canning operations; license fee surcharge. If a food processing plant is engaged in canning operations, a license applicant shall pay a license fee surcharge of $195, beginning with the license year which ends on March 31, 1989, which shall be added to the license fee under
par. (a).
97.29(3)(c)
(c)
Reinspection fee. If the department reinspects a food processing plant because the department finds a violation of this chapter or rules promulgated under this chapter, the department shall charge the food processing plant operator the reinspection fee specified under
par. (cm). The reinspection fee shall be based on the dollar volume of production by the food processing plant during the previous license year, and may include a reinspection fee surcharge for a food processing plant engaged in canning operations. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the food processing plant operator.
97.29(3)(cm)
(cm)
Fee amounts. Unless otherwise required by department rule, the reinspection fee required under
par. (c) is:
97.29(3)(cm)1.
1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $80.
97.29(3)(cm)2.
2. For a food processing plant that has an annual production of $250,000 or more and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $180.
97.29(3)(cm)3.
3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $50.
97.29(3)(cm)4.
4. For a food processing plant that has an annual production of $250,000 or more and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $110.
97.29(3)(cm)5.
5. For a food processing plant that has an annual production of less than $25,000, the reinspection fee is $40.
97.29(3)(d)
(d)
Surcharge for operating without a license. An applicant for a food processing plant license shall pay a license fee surcharge if the department determines that, within one year prior to submitting a license application, the applicant operated the food processing plant without a license in violation of this subsection. The amount of the surcharge is $100. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the food processing plant, but does not constitute evidence of a violation of any law.
97.29(3)(e)
(e)
Licensing contingent on payment of fees. The department may not issue or renew a food processing plant license unless the license applicant pays all fees which are due and payable under this subsection, 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 licensing under this subsection.
97.29(4)
(4) Food processing plants buying vegetables from producers. The department may not issue or renew a license to operate a food processing plant to any applicant who is a vegetable contractor, as defined in
s. 126.55 (14), unless the applicant has filed all financial information required under
s. 126.58 and any security that is required under
s. 126.61. If an applicant has not filed all financial information required under
s. 126.58 and any security that is required under
s. 126.61, the department may issue a conditional license under
s. 93.06 (8) that prohibits the licensed operator from procuring vegetables from a producer or a producer's agent, but allows the operator to procure vegetables from other sources.
97.29(5)
(5) Rule making. The department may promulgate rules to establish the fees required under
sub. (3) (a) or
(c) or to govern the operation of food processing plants. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling.
97.29 Cross-reference
Cross Reference: See also ch.
ATCP 70, Wis. adm. code.
97.30
97.30
Retail food establishments. 97.30(1)
(1)
Definitions. In this section:
97.30(1)(a)
(a) "Agent city or county" means a city or county granted agent status by the department under
s. 97.41.
97.30(1)(bm)
(bm) Except as provided by the department by rule, "potentially hazardous food" means a food that requires temperature control because it is in a form capable of supporting any of the following:
97.30(1)(bm)1.
1. Rapid and progressive growth of infectious or toxigenic microorganisms.
97.30(1)(bm)2.
2. Growth and toxin production of Clostridium botulinum.
97.30(1)(bm)3.
3. In raw shell eggs, growth of Salmonella enteritidis.
97.30(1)(c)
(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 a restaurant or other establishment holding a permit under
s. 254.64, to the extent that the activities of the establishment are covered by that permit.
97.30(2)(a)(a)
Requirement. Except as provided under
par. (b), no person may operate a retail food establishment without a valid license issued by the department or an agent city or county. Licenses expire on June 30 annually. Each retail food establishment shall have a separate license. A license is not transferable between persons or establishments. Application for a license shall be made on a form provided by the department, or by the agent city or county, and be accompanied by the applicable fees required under
sub. (3) or
s. 97.41. An application shall indicate whether food processing is conducted at the establishment and shall specify the nature of any food processing activities. An application shall include other information reasonably required by the department, or by the agent city or county, for licensing purposes.
97.30(2)(b)1.1. A license is not required under this section for any of the following:
97.30(2)(b)1.a.
a. A retail food establishment that sells only packaged foods or fresh fruits and vegetables, if the establishment does not sell potentially hazardous food and does not engage in food processing.
97.30(2)(b)1.b.
b. A retail food establishment which is primarily engaged in selling fresh fruits and vegetables, honey, cider or maple syrup produced by the operator of the retail food establishment, if that retail food establishment is not engaged in other food processing activities.
97.30(2)(b)1.c.
c. A retail food establishment which is exempted from licensing by the department by rule. If a restaurant or other establishment for which a permit has been issued under
s. 254.64 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 and family services, under which the department of health and family services agrees to inspect the retail food establishment operations on behalf of the department.
97.30(2)(b)1.d.
d. A retail food establishment where popcorn is popped, if the retail food establishment is not required to obtain a license under this section to sell or process any other food.
97.30(2)(b)2.
2. If a dairy plant licensed under
s. 97.20, a food processing plant licensed under
s. 97.29 or a meat establishment licensed under
s. 97.42 is incidentally engaged in the operation of any retail food establishment at the same location, the department may exempt by rule that establishment from licensing under this section.
97.30(3)
(3) Fees; retail food establishments licensed by department. 97.30(3)(a)(a)
License fee. An applicant for a retail food establishment license shall pay the license fee specified under
sub. (3m), based on gross receipts from food sales at the retail food establishment during the previous license year. If a retail food establishment was not licensed during the previous license year, a license applicant shall pay an estimated license fee based on projected gross receipts from food sales in the license year for which application is made. At the end of the license year for which an estimated fee has been paid, the licensee shall submit a report to the department stating the actual gross receipts from food sales during the license year. The license fee for that year shall be recomputed based on actual gross receipts. If the license fee based on actual gross receipts differs from the estimated license fee which was paid, the licensee shall pay the balance due or receive a credit from the department on the next year's license fee.
97.30(3)(am)
(am)
Weights and measures inspection fee. An applicant for a retail food establishment license shall pay the weights and measures inspection fee specified under
sub. (3m), based on gross receipts from food sales at the retail food establishment during the previous license year. If a retail food establishment was not licensed during the previous license year, a license applicant shall pay an estimated weights and measures inspection fee based on projected gross receipts from food sales in the license year for which application is made. At the end of the license year for which an estimated fee has been paid, the licensee shall submit a report to the department stating the actual gross receipts from food sales during the license year. The weights and measures inspection fee for that year shall be recomputed based on actual gross receipts. If the weights and measures inspection fee based on actual gross receipts differs from the estimated weights and measures inspection fee which was paid, the licensee shall pay the balance due or receive a credit from the department on the next year's weights and measures inspection fee.
97.30(3)(b)
(b)
Reinspection fee. If the department reinspects a retail food establishment because the department finds a violation of this chapter or rules promulgated under this chapter, the department shall charge the retail food establishment operator the reinspection fee specified under
sub. (3m). A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the retail food establishment operator.
97.30(3)(c)
(c)
Surcharge for operating without a license. An applicant for a retail food establishment license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under
sub. (3m) whichever is less, if the department determines that, within one year prior to submitting a license application, the applicant operated the retail food establishment without a license in violation of this subsection. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the retail food establishment, but does not constitute evidence of a violation of any law.
97.30(3)(d)
(d)
Licensing contingent on payment of fees. The department may not issue or renew a retail food establishment license unless the license applicant pays all fees which are due and payable under this subsection and
sub. (3m), 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 licensing under this subsection.
97.30(3m)
(3m) Fee amounts. Unless otherwise required by department rule, the fees required under
sub. (3) are:
97.30(3m)(a)
(a) For a retail food establishment 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:
97.30(3m)(a)3.
3. An annual weights and measures inspection fee of $45, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under
s. 98.04 (1) or that recovers fees from the retail food establishment under
s. 98.04 (2) for the purpose of enforcement of the provisions of
ch. 98.
97.30(3m)(b)
(b) For a retail food establishment that has annual food sales of $1,000,000 or more and that processes potentially hazardous food, the following amounts:
97.30(3m)(b)3.
3. An annual weights and measures inspection fee of $100, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under
s. 98.04 (1) or that recovers fees from the retail food establishment under
s. 98.04 (2) for the purpose of enforcement of the provisions of
ch. 98.
97.30(3m)(c)
(c) For a retail food establishment 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:
97.30(3m)(c)3.
3. An annual weights and measures inspection fee of $25, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under
s. 98.04 (1) or that recovers fees from the retail food establishment under
s. 98.04 (2) for the purpose of enforcement of the provisions of
ch. 98.
97.30(3m)(cm)
(cm) For a retail food establishment 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.
97.30(3m)(d)
(d) For a retail food establishment that is not engaged in food processing, an annual license fee of $20 and a reinspection fee of $50.
