Any laboratory that is established and operated to perform bacteriological or microscopic examinations of milk, water and food products for the purpose of protecting the health of the public shall apply to the department for an evaluation of the examinations and appropriate certification.
The department shall designate which laboratory examinations it deems necessary for the protection of the health of the public. Substantial failure of any laboratory to show evidence of quality control procedures, sufficient to comply with current standards and practice as prescribed by the department, shall result in denial or revocation of the certificate of approval. The department shall provide for consultation on laboratory methods and procedures.
The department, after conducting an evaluation for each specialty area and after receiving a fee for each specialty area from the laboratory, shall issue a certificate of approval to the laboratory covering those examinations which have met the minimum standards established by the department. The department shall issue an interim certificate of approval for an approved laboratory that applies for initial certification, which shall be valid for the remainder of the calendar year for which it is issued. Certification renewals shall be issued on a calendar-year basis. Specialty fees for certification of an initially certified laboratory and a certified laboratory that applies to expand its current certification with newly established specialties shall be prorated at one-twelfth of the annual fee for each month remaining in the calendar year for which the certificate of approval is issued. A certificate of approval shall be revoked by the department if the minimum standards established by the department for certification are not met within 2 successive evaluations. Fees collected under this subsection shall be credited to the appropriation under s. 20.115 (1) (gb)
The department shall establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The department shall submit any rules proposed under this subsection which affect the laboratory certification program under s. 299.11
to the department of natural resources and to the state laboratory of hygiene for review and comment. These rules may not take effect unless they are approved by the department of natural resources within 6 months after submission.
Laboratories required to apply to the department under sub. (2)
shall not operate without a certificate of approval. Any lab which operates without a certificate of approval shall be fined not less than $100 nor more than $1,000. Each day such violation continues shall constitute a separate offense.
The department shall promulgate rules establishing a fee schedule to offset the cost of the certification of laboratories and the collection of fees under sub. (4)
The department shall enter into a memorandum of understanding with the department of natural resources setting forth the responsibilities of each department in administering the laboratory certification programs under sub. (5)
and s. 299.11
. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.
The department shall recognize the certification or registration of a laboratory by the department of natural resources under s. 299.11
and shall accept the results of any test conducted by a laboratory certified or registered to conduct that category of test under that section.
See also ch. ATCP 77
, Wis. adm. code.
License denial, nonrenewal, suspension or restriction based on failure to pay support, taxes, or unemployment insurance contributions. 93.135(1)(1)
Except as provided in sub. (1m)
, the department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:
If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1)
does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of children and families.
A license, registration, registration certificate or certification specified in sub. (1)
that is issued in reliance on a statement submitted under par. (a)
is invalid if the statement is false.
The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1)
to any person except to the department of children and families in accordance with a memorandum of understanding under s. 49.857
The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1)
or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1)
for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5)
and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857
The department shall deny an application for the issuance or renewal of certification or registration under s. 168.23 (3)
, or shall suspend or restrict such a certification or registration, if the department of revenue certifies under s. 73.0301
that the holder of the certification or registration is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227
that the holder of the certification or registration is liable for delinquent unemployment insurance contributions.
The department shall deny an application for an initial license, certification, or permit issued under s. 89.06
, or, if applicable, an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06
, or 89.073
to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d.
stating that the individual is incompetent to apply for or hold that license, certification, or permit.
Power to conduct hearings; secure evidence; witness fees. 93.14(1)(1)
The department or any of its authorized agents may, in relation to any matter within the department's power, conduct hearings, administer oaths, issue subpoenas and take testimony.
The witnesses and officers who subpoena them shall be entitled to the fees allowed in courts of record. Such fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department shall be entitled to payment of fees by the state, unless the department certifies that the testimony of such witness was material.
Any person who shall unlawfully fail to attend as a witness or refuse to testify may be coerced as provided in s. 885.12
A record of all hearings shall be kept in the office of the department. All hearings shall be public.
Reports to department; inspections. 93.15(1)(1)
The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.
The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall willfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall willfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
History: 1993 a. 492
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), and 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment, and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. DATCP, 189 Wis. 2d 255
, 525 N.W.2d 758
(Ct. App. 1994).
Preliminary investigation. 93.16(1)(1)
The department may, at any time, conduct such preliminary investigation as is necessary and proper to determine whether a hearing or proceeding ought to be begun under the provisions of this chapter.
The authority contained in ss. 93.14
may be used in the conduct of such preliminary investigation.
Immunity; perjury. 93.17(1)(1)
Except as to a hearing or proceeding under s. 93.06 (3)
or as to an investigation preliminary thereto, no person may be excused from testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14
, upon the ground or for the reason that the testimony or report or answer or document required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no natural person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14
, and no testimony so given or report or answer so rendered or document so produced or submitted may be received against him or her in any criminal action, investigation or proceeding; provided, that no natural person so testifying may be exempt from prosecution and punishment for perjury committed by him or her in so testifying or for misrepresentation or concealment committed by him or her in so rendering a report or answer or so producing or submitting a document.
The immunity provided under sub. (1)
is subject to the restrictions under s. 972.085
History: 1989 a. 122
Hearings; orders; service; procedure; revocation. 93.18(1)(1)
General orders, standards and regulations shall be adopted, amended and repealed as prescribed in ch. 227
The department, in any matter relating to issuing, revoking or amending a special order relating to named persons, except as provided in sub. (3)
, shall serve upon the person complained against a complaint in the name of the department and a notice of a public hearing thereon to be held not sooner than 10 days after such service. The person complained against shall be entitled to be heard in person, or by agent or attorney and shall be entitled to process to compel the attendance of witnesses.
The department, after acting pursuant to s. 100.37
to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2)
The department shall serve a copy of any special order upon the person against whom the order is issued.
Complaint, notice, order or other process of the department may be served as may be a summons, and a subpoena as provided by s. 885.03
, and either may be served by registered mail to an address furnished by the person or concern to either the department or the department of financial institutions. Service may be proved by affidavit. Service in any event may be also by registered mail addressed to the person or concern and proved by the post-office return receipt, in which case the time of service is the date borne by the receipt.
The testimony presented and the proceedings at hearings shall be taken by a stenographic reporter or otherwise recorded and when necessary shall be transcribed. The secretary shall make his or her findings and determination thereon. The department shall make rules of procedure and practice not inconsistent with any law governing such procedure or practice.
Enforcement costs. 93.20(1)(1)
In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce ch. 88
, or 846
Enforcement costs order.
If a court imposes costs under s. 814.04
against a defendant in an action, the court may order that defendant to reimburse the department for reasonable, documented enforcement costs incurred by the department to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04
, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04