LRB-3337/2
TKK&MED:jld:rs
2013 - 2014 LEGISLATURE
December 20, 2013 - Introduced by Representatives Kooyenga, Sanfelippo, Kahl,
Strachota, Bies, Pridemore, Richards, Zepnick and Goyke, cosponsored by
Senators Gudex, Schultz, Carpenter, Lassa, Harris, Grothman, Lazich and
Olsen. Referred to Committee on State Affairs and Government Operations.
AB589,1,4
1An Act to renumber and amend 254.64 (5);
to amend 97.30 (2) (a); and
to
2create 97.30 (2) (am) and 254.64 (5) (b) of the statutes;
relating to: issuance
3by a first class city of a license for a retail food establishment and a permit for
4a restaurant or bed and breakfast establishment.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a retail food establishment unless
the person has a license issued by the Department of Agriculture, Trade and
Consumer Protection (DATCP). Current law defines a retail food establishment to
include a permanent or mobile food processing facility where food processing is
conducted primarily for direct retail sale to consumers at the facility, but to exclude
restaurants and other establishments holding a permit issued by the Department of
Health Services (DHS). Each license issued to a retail food establishment under this
requirement is valid for one year and must expire on June 30. Current law permits
DATCP to enter into an agreement with a local health department having a
jurisdictional population of 5,000 or more under which the local health department
serves as DATCP's agent. Under such an agreement, the local health department
may issue the required license.
This bill permits a local health department, located in a city of the first class
(currently, only the city of Milwaukee) and that has entered into an agreement with
DATCP to serve as DATCP's agent, to issue a license to a retail food establishment
at any time during the year, and requires such a license to expire one year from the
date of issuance.
Also under current law, no person may conduct, maintain, manage, or operate
a restaurant or bed and breakfast establishment unless the person has a permit
issued by DHS. Each permit issued to a restaurant or bed and breakfast
establishment under this requirement is valid for one year and expires on June 30,
except that permits initially issued during the period beginning on April 1 and
ending on June 30 expire on June 30 of the following year. Current law permits DHS
to enter into an agreement with a local health department having a jurisdictional
population of 5,000 or more under which the local health department serves as DHS's
agent. Under such an agreement, the local health department may issue the
required permit.
This bill permits a local health department, located in a city of the first class
and that has entered into an agreement with DHS to serve as DHS's agent, to issue
a permit to a restaurant or bed and breakfast establishment at any time during the
year, and requires such a permit to expire one year from the date of issuance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB589,1
1Section
1. 97.30 (2) (a) of the statutes is amended to read:
AB589,2,122
97.30
(2) (a)
Requirement. Except as provided under par. (b), no person may
3operate a retail food establishment without a valid license issued by the department
4or an agent city or county.
Licenses Except as provided in par. (am), licenses expire
5on June 30 annually. Each retail food establishment shall have a separate license.
6A license is not transferable between persons or establishments. Application for a
7license shall be made on a form provided by the department, or by the agent city or
8county, and be accompanied by the applicable fees required under sub. (3) or s. 97.41.
9An application shall indicate whether food processing is conducted at the
10establishment and shall specify the nature of any food processing activities. An
11application shall include other information reasonably required by the department,
12or by the agent city or county, for licensing purposes.
AB589,2
13Section
2. 97.30 (2) (am) of the statutes is created to read:
AB589,3,6
197.30
(2) (am)
License issuance for a retail food establishment located in a city
2of the 1st class. The local health department of a city of the 1st class that has entered
3into an agreement with the department under s. 97.41 (1m) may issue to a retail food
4establishment the license required under par. (a) at any time during the year. A
5license issued under this paragraph shall expire one year from the date of its
6issuance.
AB589,3
7Section
3. 254.64 (5) of the statutes is renumbered 254.64 (5) (a) and amended
8to read:
AB589,3,119
254.64
(5) (a)
All Except as provided in par. (b), all permits expire on June 30,
10except that permits initially issued during the period beginning on April 1 and
11ending on June 30 expire on June 30 of the following year.
AB589,4
12Section
4. 254.64 (5) (b) of the statutes is created to read:
AB589,3,1713
254.64
(5) (b) The local health department of a city of the 1st class that has
14entered into an agreement with the department under s. 254.69 (2) may issue to a
15restaurant or bed and breakfast establishment a permit required under this section
16at any time during the year. A permit issued under this paragraph shall expire one
17year from the date of its issuance.
