97.639 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.85;
1983 a. 189;
1993 a. 27 s.
90; Stats. 1993 s. 254.84;
2015 a. 55 ss.
4099,
4100; 2015 Stats. s. 97.639.
97.65(1)(1)
The department may enter, at reasonable hours, any premises for which a license is required under this subchapter or s.
97.67 or any restaurant or temporary restaurant for which a license is required under s.
97.30 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this subchapter or s.
97.30 or
97.67. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s.
97.30 or
97.67, or rules promulgated by the department under this subchapter or s.
97.30 or
97.67.
97.65(2)(a)(a) Whenever, as a result of an examination, the department has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the department may issue a temporary order and cause it to be delivered to the licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The department may order the cessation of all operations authorized by the license only if a more limited order does not remove the immediate danger to health. Except as provided in par.
(c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens, or other evidence.
97.65(2)(b)
(b) No food described in a temporary order issued and delivered under par.
(a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department, until the order has terminated or the time period specified in par.
(a) has run out, whichever occurs first. If the department, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
97.65(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par.
(a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub.
(3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department.
97.65(3)
(3) A notice issued under sub.
(2) (c) shall be accompanied by a statement which informs the licensee, owner, or custodian that he or she has a right to request a hearing in writing within 15 days after issuance of the notice. The department shall hold a hearing no later than 15 days after the department receives the written request for a hearing, unless both parties agree to a later date. A final decision shall be issued under s.
227.47 within 10 days of the conclusion of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the license only if a more limited order will not remove the immediate danger to health.
97.65(4)
(4) A proceeding under this section, or the issuance of a license for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter, s.
97.30 or
97.67, or any rule promulgated under this subchapter or s.
97.30 or
97.67 as the basis for any subsequent suspension or revocation of the license or any other enforcement action arising out of the violation.
97.65(5)(a)(a) Except as provided in par.
(b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
97.65(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
97.65(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a department inspector, employee or agent in the performance of his or her duties under this section.
97.65(5)(b)2.
2. Gives false information to a department inspector, employee or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employee or agent.
97.65 History
History: 1983 a. 203;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1);
1987 a. 307;
1993 a. 27 s.
78; Stats. 1993 s. 254.85;
2015 a. 55 s.
4102; 2015 Stats. s. 97.65.
RECREATIONAL SANITATION
97.67
97.67
Recreational licenses and fees. 97.67(1)(1)
Except as provided in sub.
(1g) and s.
93.135, the department or a local health department granted agent status under s.
97.615 (2) shall issue licenses to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a license under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.
97.67(1g)
(1g) A campground permit is not required for camping at county or district fairs at which 4-H Club members exhibit, for the 4 days preceding the county or district fair, the duration of the county or district fair, and the 4 days following the county or district fair.
97.67(1m)
(1m) The department or a local health department granted agent status under s.
97.615 (2) may not, without a pre-licensing inspection, grant a license to a person intending to operate a new public swimming pool, campground, or recreational or educational camp or to a person intending to be the new operator of an existing public swimming pool, campground, or recreational or educational camp.
97.67(2)(a)(a) A separate license is required for each campground, camping resort, recreational or educational camp, and public swimming pool. Except as provided in par.
(b) or
(c), no license issued under this section is transferable from one premises to another or from one person, state or local government to another.
97.67(2)(b)
(b) A license issued under this section may be transferred from an individual to an immediate family member, as defined in s.
97.605 (4) (a) 2., if the individual is transferring operation of the campground, camping resort, recreational or educational camp, or public swimming pool to the immediate family member.
97.67(2)(c)
(c) A sole proprietorship that reorganizes as a business entity, as defined in s.
180.1100 (1g), or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license issued under this section for a campground, camping resort, recreational or educational camp, or public swimming pool to the newly formed business entity or sole proprietorship if all of the following conditions are satisfied:
97.67(2)(c)1.
1. The campground, camping resort, recreational or educational camp, or public swimming pool remains at the location for which the license was issued.
97.67(2)(c)2.
2. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.
97.67(2m)
(2m) Except as provided in s.
93.135, the initial issuance, renewal or continued validity of a license issued under this section may be conditioned upon the requirement that the licensee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s.
97.615 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the license is void.
97.67(3)
(3) For a recreational or educational camp that is applying for a renewed license under this subchapter, the department or a local health department granted agent status under s.
97.615 (2) may waive, for not more than 2 out of every 3 license years, any routine inspection for those license years if the camp has exhibited effective managerial control of public health hazards, as defined by the department by rule. Annual license fees and all other applicable requirements shall apply to the camp.
97.67(4)
(4) Licenses issued under this section expire on June 30, except that licenses initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s.
97.615 (2) (d) and
(e), the department shall promulgate rules that establish, for licenses issued under this section, amounts of license fees, pre-licensing inspection fees, reinspection fees, fees for operating without a license, and late fees for untimely license renewal.
97.67(5)
(5) No license may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the license applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the license applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the license is void. In an appeal concerning voiding of a license under this subsection, the burden is on the license applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is considered to be operation without a license.
97.67(5m)(a)(a) In this subsection, “qualified health services staff" means any of the following:
97.67 Note
NOTE: The cross-reference to subch. IX of ch. 448 was changed from subch. VIII of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subch. VIII of ch. 448.
97.67(5m)(a)5.
5. An athletic trainer certified by the national athletic trainers association.
97.67(5m)(a)7.
7. A person who is certified as completing the American Red Cross emergency response course.
97.67(5m)(a)8.
8. A person who is certified as completing the American Red Cross responding to emergencies course or an equivalent course.
97.67(5m)(b)
(b) For a camp that lasts longer than 3 days, the department shall allow qualified health services staff to designate an individual at the camp to administer to a camper, or staff member, who is under 18 years of age medications brought to the camp by that camper or staff member, other than medications that a camper or staff member may carry himself or herself.
97.67(5m)(c)
(c) If the department requires health services staff to make a record of medication administered or treatment provided to a camper or staff member, the department shall allow such records to be made and maintained electronically, if done in a system that documents each change to the health record and that does not allow previous changes to the health record to be edited or deleted.
97.67(6)
(6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s.
256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s.
46.03 (38) to provide such instruction.
97.67(7)
(7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a license under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.
97.67 Cross-reference
Cross-reference: See also chs.
ATCP 76,
78, and
79, Wis. adm. code.
GENERAL PROVISIONS
97.70
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.
97.70 History
History: 2015 a. 55.
97.703
97.703
Joint employment. The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.
97.703 History
History: 2015 a. 55.
97.71
97.71
Suspension or revocation of license. The department or a local health department designated as an agent under s.
97.615 (2) or
97.41 (2) may refuse or withhold issuance of a license under this chapter or may suspend or revoke a license for violation of this chapter or any rule or order of the department, ordinance of the village, city or county or regulation of the local board of health.
97.71 History
History: 1975 c. 413 s.
14; Stats. 1975 s. 50.70;
1983 a. 203;
1987 a. 27;
1993 a. 27 s.
83; Stats. 1993 s. 254.86;
1995 a. 27 s.
9126 (19);
2007 a. 20 s.
9121 (6) (a);
2015 a. 55 s.
4103; 2015 Stats. s. 97.71.
97.72(1)(1)
Any person who violates any of the provisions of this chapter for which a specific penalty is not prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 6 months, for the first offense; and for each subsequent offense, fined not less than $500 nor more than $5,000, or imprisoned for not less than 30 days nor more than one year in the county jail or both.
97.72(2)
(2) In lieu of any criminal penalty provided under this chapter, a person who violates this chapter may be required to forfeit not more than $1,000 for each violation. If the prosecutor seeks to impose a forfeiture, he or she shall proceed under ch.
778.
97.73
97.73
Injunction. In addition to penalties applicable to this chapter, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating provisions of this chapter and rules or orders issued under this chapter.
97.73 History
History: 1971 c. 156 s.
10; Stats. 1971 s. 97.73;
1983 a. 261.
