(b) The group is formed through a memorandum of understanding with the 25
collaborating entity under par. (c).
(c) The group collaborates with at least one of the following:
1. The department.
2. The department of natural resources.
3. A county land conservation committee.
4. The University of Wisconsin-Extension or the Discovery Farms program of 6
the University of Wisconsin-Extension.
5. A nonprofit conservation organization.
(d) The group assists agricultural producers in the watershed under par. (a) to 9
voluntarily conduct nonpoint source water pollution abatement activities.
A producer led group that receives, or on whose behalf a legal entity 11
receives, a grant under this section shall annually file a report with the department 12
describing the activities conducted with the grant and the impact of those activities 13
on water quality in the watershed under sub. (2) (a).
The department may promulgate rules that do all of the following:
(a) Define "legal entity" for the purposes of this section.
(b) Specify the application process for a grant under this section.
(c) Specify activities that may be conducted using a grant under this section.
94.64 (4) (a) 2. of the statutes is repealed.
94.64 (4) (a) 3. of the statutes is repealed.
94.64 (4) (c) 2. of the statutes is repealed.
94.64 (4) (c) 3. of the statutes is repealed.
94.64 (8m) of the statutes is repealed.
94.65 (6) (a) 3. of the statutes is repealed.
94.67 (33m) of the statutes is amended to read:
"Veterinarian" means an individual who is licensed as a 2
veterinarian under ch. 453 89
94.67 (33t) of the statutes is amended to read:
"Veterinary technician" means an individual who is certified as a 5
veterinary technician under ch. 453 89
95.21 (1) (e) of the statutes is amended to read:
(e) "Veterinarian" has the meaning designated under s. 453.02 89.02 8
95.21 (1) (em) of the statutes is amended to read:
(em) "Veterinary technician" has the meaning designated under s. 11453.02 89.02
95.21 (2) (a) of the statutes is amended to read:
(a) Requirement for vaccination.
Except as provided in s. 174.054 or 14
sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a 15
veterinarian or, if a veterinarian is physically present at the location the vaccine is 16
administered, by a veterinary technician, pursuant to s. 453.05 89.05
(2) (d), at no 17
later than 5 months of age and revaccinated within one year after the initial 18
vaccination. If the owner obtains the dog or brings the dog into this state after the 19
dog has reached 5 months of age, the owner shall have the dog vaccinated against 20
rabies within 30 days after the dog is obtained or brought into the state unless the 21
dog has been vaccinated as evidenced by a current certificate of rabies vaccination 22
from this state or another state. The owner of a dog shall have the dog revaccinated 23
against rabies by a veterinarian or, if a veterinarian is physically present at the 24
location the vaccine is administered, by a veterinary technician, pursuant to s. 25453.05 89.05
(2) (d), before the date that the immunization expires as stated on the
certificate of vaccination or, if no date is specified, within 3 years after the previous 2
Chapter 97 (title) of the statutes is amended to read:
FOOD REGULATION, lodging, AND
Subchapter I (title) of chapter 97 [precedes 97.01] of the statutes 8
is created to read:
97.01 (1) of the statutes is renumbered 97.01 (1r).
Subchapter II (title) of chapter 97 [precedes 97.02] of the 14
statutes is created to read:
Food SAFETY AND regulation
97.12 (1) of the statutes is amended to read:
For the purpose of enforcing this chapter, the department and its 20
agents may, at reasonable hours, enter and inspect any premises for which a license
21is required under this chapter or
any farm, factory, warehouse, building, room, 22
establishment or place at or in which foods are manufactured, processed, packed, 23
packaged, stored or held for sale, and may enter any vehicle, including a vehicle
to transport or hold foods in commerce. The department and its agents may also 25
secure samples or specimens, including samples or specimens
of food and any
product or substance that may affect food, examine and copy relevant documents and 2
and obtain photographic and other evidence needed to enforce this chapter 3or a rule promulgated under this chapter
. The department shall examine any 4
samples secured and shall conduct other inspections and examinations needed to 5
determine whether there is a violation of this chapter. The department shall pay or 6
offer to pay the market value of samples taken.
97.12 (5) of the statutes is created to read:
Any person who fails to comply with an order issued under this 9
chapter may be required to forfeit $50 for each day of noncompliance.
97.18 (5m) of the statutes is repealed.
97.20 (2) (e) 2. of the statutes is amended to read:
(e) 2. The retail preparation and processing of meals for sale directly 13
to consumers or through vending machines, if the preparation and processing is 14
covered under a restaurant permit or other permit
issued under s. 254.64 1597.605
97.21 (2) (a) of the statutes is repealed.
97.21 (2) (b) (title) of the statutes is repealed.
97.21 (2) (b) of the statutes is renumbered 97.21 (2) and 19
amended to read:
97.21 (2) Bulk milk tanker; license; grade A permit.
No person may operate 21
a bulk milk tanker to transport milk or fluid milk products in bulk for sale or 22
distribution as grade A milk or grade A milk products
without a valid grade A bulk 23
permit issued annually by the department
or an equivalent regulatory
24agency in another state
for that bulk milk tanker. A grade A bulk milk tanker permit 25
is not transferable between persons or bulk milk tankers. A permit may be issued
1in the form of an endorsement on a bulk milk tanker license under par. (a).
application for a permit shall be made on a form provided by the department, and
3may be included with a license application under par. (a). The. An applicant shall
4include with an application for a permit proof that the bulk milk tanker has passed
5an inspection conducted within the preceding year by the department or an
6individual certified by the department to conduct bulk milk tanker inspections.
7Except as provided in sub. (4), the
department may not charge a fee for a grade A bulk 8
milk tanker permit issued under this paragraph.
97.21 (4) (a) of the statutes is amended to read:
(a) License fee.
An applicant for a bulk milk tanker or
milk distributor 11
license shall pay the license fee specified under sub. (4m).
97.21 (4) (b) of the statutes is amended to read:
(b) Reinspection fee.
If the department reinspects a bulk milk tanker 14
or the vehicle or facilities of a milk distributor because the department finds a 15
violation of this chapter or rules promulgated under this chapter, the department 16
shall charge the bulk milk tanker operator or milk distributor the reinspection fee 17
specified under sub. (4m). The reinspection fee is payable when the reinspection is 18
completed, and is due upon written demand from the department. The department 19
may issue a demand for payment when it issues a license permit
renewal application 20
to the bulk milk tanker operator or a license renewal application to the
97.21 (4) (c) of the statutes is amended to read:
(c) Surcharge for operating without a license.
An applicant for a bulk
24milk tanker operator or
milk distributor license shall pay a license fee surcharge of 25
$100 or twice the amount of the annual license fee specified under sub. (4m),
whichever is less,
if the department determines that, within one year prior to 2
submitting the license application, the applicant operated without a license or grade
in violation of this section. Payment of this license fee surcharge does not 4
relieve the applicant of any other civil or criminal liability which that
results from 5
a violation of sub. (2) or
(3), but does not constitute evidence of any violation of law.
97.21 (4m) (intro.) of the statutes is renumbered 97.21 (4m) and 7
amended to read:
97.21 (4m) Fee amounts. Unless otherwise established by The
department 9rule, shall establish
the fees required under sub. (4) (a) and (b) are: by rule.
97.21 (4m) (a) of the statutes is repealed.
97.21 (4m) (b) of the statutes is repealed.
97.21 (5) of the statutes is amended to read:
97.21 (5) Licensing and permitting contingent on payment of fees.
department may not issue or renew a grade A
bulk milk tanker permit
or milk 15
distributor license unless the permit or
license applicant pays all fees which that
due and payable by the applicant under sub. (4), as set forth in a statement from the 17
department. The department shall refund a fee paid under protest if the department 18
determines that the fee was not due and payable as a condition of
permitting or 19
licensing under this section.
97.25 (3) of the statutes is amended to read:
97.25 (3) Rules.
The department shall promulgate rules authorizing the 22
operator of a dairy plant licensed under s. 97.20,
a retail food establishment 23
licensed under s. 97.30 or a restaurant with a permit under s. 254.64
who complies 24
with the rules to place upon the label of a dairy product the statement 25
"Farmer-certified rBGH free." or an equivalent statement that is not false or
misleading. The statement shall be based upon affidavits from milk producers 2
stating that the milk producers do not use synthetic bovine growth hormone for the 3
production of milk.
97.27 (1) (b) 3. of the statutes is amended to read:
(b) 3. A retail food establishment, restaurant
or other retail facility 6
at which food is stored on a temporary basis incidental to retail preparation or sale.
97.29 (1) (c) of the statutes is amended to read:
(c) "Bottling establishment" means any place where drinking water, 9
soda water beverage or alcohol beverage is manufactured or bottled for sale. 10
"Bottling establishment" does not include a retail establishment engaged in the 11
preparation and sale of beverages under a license issued under s. 125.26 or 125.51 12
or a restaurant permit license issued under s. 97.30 for a restaurant
or other permit 13license
issued under s. 254.64 97.605
97.29 (1) (g) 3. of the statutes is amended to read:
(g) 3. The retail preparation and processing of meals for sale directly 16
to consumers or through vending machines if the preparation and processing is 17
covered under a restaurant permit or other permit
issued under s. 254.64 1897.605
97.29 (1) (h) of the statutes is amended to read:
(h) "Food processing plant" means any place where food processing 21
is conducted. "Food processing plant" does not include any establishment subject to 22
the requirements of s. 97.30 or any restaurant
establishment holding a 23permit license
under s. 254.64 97.605
, to the extent that the activities of that 24
establishment are covered by s. 97.30 or the permit
under s. 254.64 97.605
97.30 (1) (c) of the statutes is amended to read:
(c) "Retail food establishment" means a permanent or mobile food 2
processing facility where food processing is conducted primarily for direct retail sale 3
to consumers at the facility, a mobile facility from which potentially hazardous food 4
is sold to consumers at retail or a permanent facility from which food is sold to 5
consumers at retail, whether or not that facility sells potentially hazardous food or 6
is engaged in food processing. "Retail food establishment" does not include includes 7
a restaurant or other establishment temporary restaurant, but does not include an
holding a permit license
under s. 254.64 97.605
, to the extent that the 9
activities of the establishment are covered by that permit license
97.30 (2) (b) 1. c. of the statutes is amended to read:
(b) 1. c. A retail food establishment which is exempted from licensing 12
by the department by rule. If a restaurant or other
establishment for which a 13permit license
has been issued under s. 254.64 97.605
is incidentally engaged in 14
operating a retail food establishment at the same location, the department may 15
exempt by rule the restaurant or
establishment from licensing under this section. 16Rules under this subd. 1. c. shall conform to a memorandum of understanding
17between the department and the department of health services, under which the
18department of health services agrees to inspect the retail food establishment
19operations on behalf of the department.
97.30 (2) (c) of the statutes is created to read:
(c) Pre-licensing inspection.
The department or an agent city or 22
county may not issue a license for a new retail food establishment until it inspects 23
the new retail food establishment for compliance with this section and rules 24
promulgated under this section. A licensed retail food establishment is not 25
considered a new retail food establishment under this paragraph solely because of
a change in ownership, or solely because of alterations in the retail food 2
97.30 (3m) (intro.) of the statutes is amended to read:
97.30 (3m) Fee amounts.
The department shall specify by rule the
5amount of the fees under sub. (3) for a restaurant.
Unless otherwise required by 6
department rule, the fees required under sub. (3) for a retail food establishment other
7than a restaurant
97.30 (3m) (a) (intro.) of the statutes is amended to read:
(a) (intro.) For a retail food establishment
, other than a restaurant, 10
that has annual food sales of $25,000 or more but less than $1,000,000 and that 11
processes potentially hazardous food, the following amounts:
97.30 (3m) (b) (intro.) of the statutes is amended to read:
(b) (intro.) For a retail food establishment
, other than a restaurant, 14
that has annual food sales of $1,000,000 or more and that processes potentially 15
hazardous food, the following amounts:
97.30 (3m) (c) (intro.) of the statutes is amended to read:
(c) (intro.) For a retail food establishment
, other than a restaurant, 18
that has annual food sales of $25,000 or more and that is engaged in food processing, 19
but that does not process potentially hazardous food, the following amounts:
97.30 (3m) (cm) of the statutes is amended to read: