Chapter 97

97.615   Agent status for local health departments.

97.617   Application; lodging and vending.

97.62   Health and safety; standard.

97.623   Hotel safety.

97.625   Powers of the department and local health departments.

97.627   Causing fires by tobacco smoking.

97.633   Hotelkeeper’s liability.

97.634   Hotelkeeper’s liability for baggage; limitation.

97.635   Liability of hotelkeeper for loss of property by fire or theft; owner’s risk.

97.638   Hotel rates posted; rate charges; special rates.

97.639   Motel rates.

97.65   Enforcement.

SUBCHAPTER IV

RECREATIONAL SANITATION

97.67   Recreational licenses and fees.

SUBCHAPTER V

GENERAL PROVISIONS

97.70   Authority of department of safety and professional services.

97.703   Joint employment.

97.71   Suspension or revocation of license.

97.72   Penalties.

97.73   Injunction.

subch. I of ch. 97 SUBCHAPTER I

DEFINITIONS

Subch. I of ch. 97 Cross-reference Cross-reference: See definitions in s. 93.01.

97.01 97.01 Definitions. In this chapter, unless inconsistent with context:

97.01(1g) (1g) “Bed and breakfast establishment” means any place of lodging that satisfies all of the following:

97.01(1g)(a) (a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.

97.01(1g)(b) (b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.

97.01(1g)(c) (c) Is the owner’s personal residence.

97.01(1g)(d) (d) Is occupied by the owner at the time of rental.

97.01(1g)(e) (e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.

97.01(1r) (1r) “Butter” means the clean, nonrancid product made by gathering in any manner the fat of fresh or ripened cow’s milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt or added coloring matter, and contains not less than 80 percent of milk fat. Renovated or process butter is the product made by melting butter and reworking, without the addition or use of chemicals or any substances except milk, cream, or salt, and contains not more than 16 percent of water and at least 80 percent of milk fat.

97.01(3) (3) “Contaminated with filth” applies to any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

97.01(4) (4) “Department” means the department of agriculture, trade and consumer protection.

97.01(4m) (4m) “Distressed food” means food, or packages or containers of food, that may have been damaged, or rendered unsafe or unsuitable for sale or use as food while being transported, stored, handled or sold or the food the label of which has been lost, defaced or obliterated.

97.01(5) (5) “Federal act” means the federal food, drug and cosmetic act, as amended (Title 21 USC 301 et seq.) or the federal wholesome meat act, as amended (Title 21 USC 71 et seq.), or the federal poultry products inspection act, as amended (Title 21 USC 451 et seq.), or the federal fair packaging and labeling act (Title 15 USC 1451 et seq.) which may be applicable.

97.01(6) (6) “Food” means:

97.01(6)(a) (a) Articles used for food or drink by persons.

97.01(6)(b) (b) Chewing gum.

97.01(6)(c) (c) Articles used for components of matters specified in pars. (a) and (b).

97.01(7) (7) “Hotel” means all places wherein sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all places used in connection therewith. “Hotelkeeper”, “motelkeeper” and “innkeeper” are synonymous and “inn”, “motel” and “hotel” are synonymous.

97.01(8) (8) “Label” means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper if any, of the retail package of such article, or is easily legible through the outside container or wrapper. “Immediate container” does not include package liners.

97.01(9) (9) “Labeling” means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying the article.

97.01(9m) (9m) “Micro market” means any indoor, unstaffed, self-service area that is accessible only to persons authorized by the person in control of the premises and not accessible to the general public, where a customer may obtain unit servings of food or beverage either in bulk or in package before payment at an automated kiosk or by other automated method, without the necessity of replenishing the area between each transaction. “Micro market” does not include a vending machine and does not include a device which dispenses only bottled, prepackaged, or canned soft drinks, a one-cent vending device, a device dispensing only candy, gum, nuts, nut meats, cookies, or crackers, or a device dispensing only prepackaged Grade A pasteurized milk or milk products.

97.01(9q) (9q) “Micro market operator” means the person maintaining a place of business in the state and responsible for the operation of one or more micro markets.

97.01(10) (10) 

97.01(10)(a) (a) “Milk” means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows, goats, or sheep. Milk from cows shall contain not less than 3 percent of milk fat, and not less than 8.25 percent of milk solids not fat. Milk from cows may be standardized by the addition or removal of cream or by the addition of concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat milk. Milk from cows may also be standardized by removing water through reverse osmosis or other nonthermal methods and adding potable water. When standardized, milk from cows sold in final package form shall contain not less than 3.25 percent of milk fat, and not less than 8.25 percent of milk solids not fat. Milk may be homogenized.

97.01(10)(b) (b) “Lowfat milk” means cow’s milk from which sufficient milk fat has been removed to produce a food having a milk fat content of either 0.5 percent, 1 percent, 1.5 percent, or 2 percent and a milk solids not fat content of not less than 10 percent.

97.01(10)(c) (c) “Skim milk” means cow’s milk from which sufficient milk fat has been removed to reduce its milk fat content to less than 0.5 percent and which has a milk solids not fat content of not less than 9 percent.

97.01(11) (11) “Nonfat dry milk” means the product resulting from the removal of fat and water from cow’s milk, and contains the lactose, milk proteins and milk minerals in the same relative proportions as in the fresh cow’s milk from which made. It contains not over 5 percent by weight of moisture. The fat content is not over 1 1/2 percent by weight unless otherwise indicated.

97.01(12) (12) “Package” means any container or wrapper in which any food is enclosed for use in the delivery or display of that food to retail purchasers, but does not include:

97.01(12)(a) (a) Shipping containers or wrappings used solely for the transportation of any food in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors.

97.01(12)(b) (b) Shipping containers or outer wrappings used by retailers to ship or deliver any food to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.

97.01(13) (13) “Pesticide chemical” means any substance which, alone, in chemical combination, or in formulation with one or more other substances is a “pesticide” within the meaning of s. 94.67 (25) and which is used in the production, storage or transportation of raw agricultural commodities.

97.01(13g) (13g) “Potluck event” means an event to which all of the following apply:

97.01(13g)(a) (a) Attendees of the event provide food and beverages to be shared with other attendees and consumed at the event.

97.01(13g)(b) (b) No compensation is provided to any person who conducts or assists in providing the event or who provides food and beverages to be shared at the event, and no compensation is paid by any person for consumption of food or beverages at the event.

97.01(13g)(c) (c) The event is sponsored by any of the following:

97.01(13g)(c)1. 1. A church.

97.01(13g)(c)2. 2. A religious, fraternal, youth, or patriotic organization or service club.

97.01(13g)(c)3. 3. A civic organization.

97.01(13g)(c)4. 4. A parent-teacher organization.

97.01(13g)(c)5. 5. A senior citizen center or organization.

97.01(13g)(c)6. 6. An adult day care center.

97.01(13r) (13r) “Public health and safety” means the highest degree of protection against infection, contagion or disease and freedom from the danger of fire or accident that can be reasonably maintained in the operation of a hotel, tourist rooming house, bed and breakfast establishment, vending machine or vending machine commissary.

97.01(14) (14) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

97.01(14g) (14g) “Restaurant” means any building, room or place at which the predominant activity is the preparation, service, or sale of meals to transients or the general public, including all places used in connection with it and including any public or private school lunchroom for which food service is provided by contract. “Meals” does not include soft drinks, ice cream, milk, milk drinks, ices and confections. “Restaurant” does not include:

97.01(14g)(a) (a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.

97.01(14g)(b) (b) Churches, religious, fraternal, youths’ or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve or sell meals to transients or the general public.

97.01(14g)(c) (c) Any public or private school lunchroom for which food service is directly provided by the school, or a private individual selling foods from a movable or temporary stand at public farm sales.

97.01(14g)(d) (d) Any bed and breakfast establishment that serves breakfasts only to its lodgers.

97.01(14g)(e) (e) The serving of food or beverage through a licensed vending machine.

97.01(14g)(f) (f) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1) (b) or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36.

97.01(14g)(g) (g) A concession stand at a locally sponsored sporting event, such as a little league game.

97.01(14g)(h) (h) A potluck event.

97.01(14g)(i) (i) The serving of food or beverage through a licensed micro market.

97.01(14m) (14m) “Salvaging distressed food” means reconditioning or preparing distressed food for sale or use as food, including cleaning, culling, sorting, scouring, labeling, packaging, processing or treating the food.

97.01(15) (15) “Sell”, “sale” or “sold” includes delivering, shipping, consigning, exchanging, offering or exposing for sale, or having in possession with intent to sell.

97.01(15b) (15b) “Temporary restaurant” means a restaurant that operates at a fixed location in conjunction with a single event such as a fair, carnival, circus, public exhibition, anniversary sale or occasional sales promotion.

97.01(15f) (15f) “Tourist or transient” means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.

97.01(15k) (15k) “Tourist rooming house” means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. “Tourist rooming house” does not include:

97.01(15k)(a) (a) A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.

97.01(15k)(b) (b) A hotel.

97.01(15k)(c) (c) Bed and breakfast establishments.

97.01(15p) (15p) “Vending machine” means any self-service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. “Vending machine” does not include a micro market or a device which dispenses only bottled, prepackaged, or canned soft drinks, a one-cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies, or crackers, or a vending machine dispensing only prepackaged Grade A pasteurized milk or milk products.

97.01(15s) (15s) “Vending machine commissary” means any building, room or place where the food, beverage, ingredients, containers, transport equipment or supplies for vending machines or micro markets are kept, handled, prepared or stored by a vending machine or micro market operator. “Vending machine commissary” does not mean any place at which the operator is licensed to manufacture, distribute or sell food products under this chapter.

97.01(15w) (15w) “Vending machine location” means the room, enclosure, space or area where one or more vending machines are installed and operated.