97.33(3)(a) (a) If he or she operates or manages a restaurant employing more than 5 food handlers, an approved examination.

97.33(3)(b) (b) If he or she operates or manages a restaurant employing 5 or fewer food handlers, one of the following:

97.33(3)(b)1. 1. A recertification training course approved by the department.

97.33(3)(b)2. 2. An approved examination.

97.33(3g) (3g) 

97.33(3g)(a) (a) For a certificate issued under sub. (3) (b) 1., all of the following apply:

97.33(3g)(a)1. 1. The certificate is called a “licensure of food safety training for small operators.”

97.33(3g)(a)2. 2. The certificate applies only in a restaurant the certificate holder is operating or managing at the time of the renewal or in other restaurants employing 5 or fewer food handlers.

97.33(3g)(a)3. 3. A licensure of food safety training for small operators may be renewed under sub. (3) (b) 1. every 5 years.

97.33(3g)(b) (b) The department shall approve recertification training courses that were approved by the department as of December 31, 2014, and substantially similar courses.

97.33(3g)(c) (c) The department may not adopt different regulatory and inspection standards based on the type of certificate issued under this section.

97.33(3m) (3m) The department shall accept relevant education, training, instruction, or other experience that an applicant has obtained in connection with military service, as defined in s. 111.32 (12g), to count toward satisfying the education, training, instruction, or other experience that is required to obtain a certificate of food protection practices if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to obtain a certificate of food protection practices.

97.33(5) (5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 97.30 (5).

97.33(6) (6) The department shall promulgate rules concerning all of the following:

97.33(6)(a) (a) Establishing a fee for certification and recertification of food protection practices, except that a certification fee may not be imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44.

97.33(6)(b) (b) Specifying standards for approval of examinations and training courses for recertification of food protection practices required under this section.

97.33(6)(c) (c) Establishing procedures for issuance, except as provided in s. 93.135, of certificates of food protection practices, including application submittal and review.

97.33 History History: 1991 a. 39; 1993 a. 16; 1993 a. 27 s. 74; Stats. 1993 s. 254.71; 1997 a. 27, 191; 2011 a. 120, 209; 2013 a. 292; 2015 a. 9, 46; 2015 a. 55 s. 4087; Stats. 2015 s. 97.33; 2017 a. 366 s. 70.

97.33 Cross-reference Cross-reference: See also ch. ATCP 75, Wis. adm. code.

97.34 97.34 Bottled drinking water and soda water beverage; standards; sampling and analysis.

97.34(1) (1) In this section:

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) (2) 

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.