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.
97.30(4)
(4) Fees; retail food establishment licensed by agent city or county. Subsection (3) does not apply to any retail food establishment licensed by an agent city or county under
s. 97.41. An applicant for a retail food establishment license issued by an agent city or county shall pay fees established by the agent city or county under
s. 97.41.
97.30(5)
(5) Rule making. The department may promulgate rules to establish the fees required under
sub. (3) or to govern the operation of retail food establishments. 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, display and storage; and food sources and food labeling.
97.30 Cross-reference
Cross Reference: See also ch.
ATCP 55 and s.
ATCP 75.01, Wis. adm. code.
97.32
97.32
Special dairy and food inspectors. 97.32(1)
(1) Special dairy and food inspectors may be appointed by the department for any factory, plant, receiving station, or group thereof, which buys or receives milk or cream for the purpose of manufacturing, processing or any other purpose whatsoever, upon petition therefor signed by more than two-thirds of the regular patrons of such factory, plant, receiving station, or group thereof, or by the officers of such factory, plant, receiving station or group thereof, or of the officers of any association organized under
ch. 185 representing patrons of such factory, plant, receiving station or group thereof, and upon receiving satisfactory proof that such special dairy and food inspectors will be compensated in full for all services rendered and traveling expenses incurred upon and pursuant to such appointment as provided in this section. If the inspector is appointed pursuant to petition signed by the officers of an organization, such compensation and expenses shall be paid by such organization; and any factory, plant, receiving station or group thereof shall pay to the association the checkoff as contracted for between the member and the association. If appointed pursuant to petition signed by patrons, each patron of the factory, plant, receiving station or group thereof shall pay such proportion of the total amount of such compensation and expenses as the amount of milk or cream delivered thereto by the patron bears to the total amount delivered thereto by all patrons. The state shall not be liable for any such compensation or expenses.
97.32(3)
(3) Each such special dairy and food inspector shall have all powers conferred by law upon dairy and food inspectors, shall at all times be under the supervision of the department and shall make such reports to the department as the department may require. The special dairy and food inspector shall supervise and inspect the weighing and testing of and shall inspect all milk, cream, butter or cheese delivered to such factory, plant, receiving station or group thereof, except that if the special dairy and food inspector be appointed upon petition by an association organized under
ch. 185, the special dairy and food inspector shall perform duties only for its members, and for such purpose the special dairy and food inspector may use any or all weighing or testing apparatus in such factory, plant, receiving station or group thereof. In addition to the duties herein specifically prescribed, the special dairy and food inspector shall perform such duties as the patrons or organization compensating the special dairy and food inspector or the department may direct.
97.32(4)
(4) An appointment of a special dairy and food inspector may be denied, suspended or revoked by the department as provided in
s. 93.06 (7). Rehearing and judicial review shall be as provided in
ch. 227.
97.34
97.34
Bottled drinking water and soda water beverage; standards; sampling and analysis. 97.34(1)(a)
(a) "Bottled drinking water" means all water packaged in bottles or similar containers and sold or distributed for drinking purposes. This term includes distilled water, artesian water, spring water and mineral water, whether carbonated or uncarbonated.
97.34(1)(b)
(b) "Soda water beverage" means and includes all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened or flavored. This term does not include alcohol beverages.
97.34(2)(a)(a) The department shall promulgate by rule standards of purity for all ingredients used in the manufacture or bottling of soda water beverages or bottled drinking water which ensure a pure and unadulterated product.
97.34(2)(b)
(b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under
s. 280.11,
281.15 or
281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under
ch. 160.
97.34(2)(c)
(c) The department may require testing of bottled drinking water for substances subject to any standard under
par. (b) and for any other substance if the department determines that the water system used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water systems or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under
s. 299.11.
97.34(2)(d)
(d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the water system used by the manufacturer or bottler complies with
ch. 280 and rules promulgated by the department of natural resources under that chapter.
97.34(2)(e)
(e) The department shall publish an annual report summarizing the results of bottled drinking water sampling and analysis.
97.41
97.41
Retail food: agent status for local health departments. 97.41(1m)
(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 the designation of agents under this section with the department of health and family 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). 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.
97.41(2)
(2) A local health department granted agent status under this section shall meet standards adopted, by rule, by the department. The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department granted agent status fails to meet the standards, the department may revoke its agent status.
97.41(3)
(3) The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of this chapter and rules adopted under this chapter.
97.41(4)(a)(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 of new establishments, for preinspections 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, 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).
97.41(4)(b)
(b) A local health department granted agent status under this section may contract with the department for the department to collect fees and issue licenses. The department shall collect from the local health department the actual and reasonable cost of providing the services.
97.41(5)
(5) The department shall establish state fees for its costs related to setting standards for retail food establishments, as defined in
s. 97.30 (1) (c), setting standards for agents under this section and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the license fees established under
sub. (4) (a), collect the state fees and reimburse the department for the state fees collected. The state fee may not exceed 20% of the license fee charged under
s. 97.30 (3) for a license issued by the department.
97.41(6)
(6) If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department and the local health department shall divide any license fee paid for that license year according to the proportions of the license year occurring before and after the local health department's agent status is granted or discontinued. No additional fee may be required during the license year due to the change in agent status.
97.41(7)
(7) A local board of health may adopt and impose regulations on licensees and premises for which the local health department is the designated agent under this section, which are stricter than this chapter or rules promulgated by the department under this chapter. No such regulation may conflict with this chapter or rules promulgated by the department.
97.41(8)
(8) This section does not limit the authority of the department to inspect establishments in jurisdictional areas of local health departments where agent status is granted if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.
97.41(9)
(9) The department shall hold a hearing under
ch. 227 if any interested person, in lieu of proceeding under
ch. 68, appeals to the department alleging any of the following:
97.41(9)(a)
(a) A permit fee established by a local health department granted agent status exceeds the reasonable costs described under
sub. (4) (a).
97.41(9)(b)
(b) The person issuing, refusing to issue, suspending or revoking a permit or making an investigation or inspection of the appellant has a financial interest in a regulated establishment which may interfere with his or her ability to properly take that action.
97.41(9)(c)
(c) That a license fee for a retail food establishment license issued by an agent local health department under this section exceeds the reasonable costs of that agent local health department for issuing the license, investigating and inspecting the establishment, and providing education, training and technical assistance to the establishment.
97.41 Cross-reference
Cross Reference: See also ch.
ATCP 74, Wis. adm. code.
97.42
97.42
Compulsory inspection of animals, poultry and carcasses. 97.42(1)(1)
Definitions. In this section:
97.42(1)(a)
(a) "Animal" means cattle, sheep, swine, goats, farm-raised deer, horses, mules, and other equines.
97.42(1)(b)
(b) "Capable of use as human food" applies to any carcass or part of a carcass of any animal or poultry or animal or poultry product unless it is denatured or otherwise identified as required by department rules, or is naturally inedible by humans.
97.42(1)(c)
(c) "Carcass" means all parts, including the viscera, of slaughtered animals and poultry that are capable of being used for human food.
97.42(1)(d)
(d) "Establishment" means a plant or premises, including retail premises, where animals or poultry are slaughtered for human consumption, or a plant or premises, including retail premises, where meat or poultry products or meat food products are processed, but shall not include:
97.42(1)(d)2.
2. Establishments subject to county or municipal meat and poultry inspection if such inspection is conducted pursuant to ordinances and regulations which are substantially equivalent to this section and which are enforced with equal effectiveness, and the inspection service is specifically approved by the department; however,
sub. (2) shall apply to establishments subject to county or municipal meat and poultry inspection.
97.42(1)(d)3.
3. Premises of a person who is the owner of the animals to be slaughtered or of carcasses to be processed, and the resulting product is for exclusive use by him or her and members of his or her household and his or her nonpaying guests and employees.
97.42(1)(e)
(e) "Inspector" means any person employed by the department or any cooperating agency who is authorized by the department to do any work or perform any duty in connection with the department's meat and poultry inspection program.
97.42(1)(f)
(f) "Meat broker" means any person engaged in the business of buying or selling meat and poultry products, or meat and poultry food products on commission, or otherwise negotiating purchases or sales of such articles other than for the person's own account or as an employee of another person.
97.42(1)(fm)
(fm) "Meat distributor" means a person who is engaged in the business of distributing in this state meat and poultry products at wholesale.
