ATCP 77.06(1)(a) (a) Milk or food tests. An annual certification fee of $492 for each test under s. ATCP 77.02 (1) or (2) at each laboratory for which the operator is certified. This fee does not apply to a laboratory that is approved under s. ATCP 77.23 only to conduct drug residue screening tests on milk samples.

ATCP 77.06(1)(b) (b) Certified analysts; milk or food tests. An annual certification fee of $36 for each analyst who performs one or more tests under s. ATCP 77.02 (1) or (2). This fee does not apply to an individual approved under s. ATCP 77.23 only to conduct drug residue screening tests on milk samples.

ATCP 77.06(1)(c) (c) Discretionary inspection or additional analyst certification; milk or food tests. A supplemental fee of $180 for each discretionary inspection or requested certification of one or more analysts to conduct any test under s. ATCP 77.02 (1) or (2), if the certification occurs at any time other than during a mandatory inspection under s. ATCP 77.14 (1). This fee does not apply to an individual approved under s. ATCP 77.23 only to conduct drug residue screening tests on milk samples.

ATCP 77.06(1)(d) (d) Water tests. An annual certification fee of $408 for each test under s. ATCP 77.02 (3) for which the operator is certified.

ATCP 77.06(1)(e) (e) Drug residues in milk; screening tests. The fees provided in s. ATCP 77.23 (3) if the laboratory performs drug residue screening tests on milk samples.

ATCP 77.06(2) (2) Partial fees. An operator of a milk or food laboratory shall pay the fee as provided in par. (a) and the operator of a water laboratory shall pay the fee as provided in par. (b).

ATCP 77.06(2)(a) (a) If the department certifies an operator of a milk or food laboratory to perform a test for less than a full calendar year, the operator shall pay a fee of $42 for each full month of certification for that test. This fee does not apply to a laboratory that is authorized under s. ATCP 77.23 only to conduct drug residue screening tests on milk samples.

ATCP 77.06(2)(b) (b) If the department certifies an operator of a water laboratory to perform a test for less than a full calendar year, the operator shall pay a fee of $35 for each full month of certification for that test.

ATCP 77.06(3) (3) Fee exemptions. A county or municipality that contracts with the department to license and inspect retail food establishments as the department’s agent under s. 97.41, Stats., is not required to pay any certification fee.

ATCP 77.06(4) (4) Paying certification fees.

ATCP 77.06(4)(a) (a) If the department has not previously certified an operator to perform any of the tests listed under s. ATCP 77.02 at the laboratory for which the operator is seeking certification, the department shall bill the operator under this section after the department inspects the laboratory under s. ATCP 77.14 (1) (a). The department may not certify the operator to perform any test until the operator pays the required certification fee for that test.

ATCP 77.06(4)(b) (b) If the operator of a certified laboratory applies for certification to perform additional tests under sub. (5), or files a renewal application under s. ATCP 77.04 (2), the operator shall include with that application the fees required under this section.

ATCP 77.06(5) (5) Additional tests. The operator of a certified laboratory may, at any time, apply for certification to perform additional tests which the department has not yet certified the operator to perform at that laboratory. The operator shall apply on a form provided by the department. The application shall include all of the following:

ATCP 77.06(5)(a) (a) The additional tests for which the operator seeks certification.

ATCP 77.06(5)(b) (b) Documentation, under s. ATCP 77.04 (1) (e), that the operator is qualified to perform each additional test under par. (a).

ATCP 77.06(5)(c) (c) The fees required under this section.

ATCP 77.06 Note Note: An operator may apply under sub. (5) at any time during a license year, and need not wait until the annual license renewal.

ATCP 77.06 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; am. (1) and (2) and cr. (1) (a) to (d), Register, December, 1999, No. 528, eff. 1-1-00; emerg. am. (1) (a) to (c), cr. (1) (e), r. and recr. (2), eff. 11-15-01; CR 01-124: am. (1) (a) to (c), cr. (1) (e), r. and recr. (2) Register December 2002 No. 564, eff. 1-1-03; CR 05-044: cr. (2) (intro.), am. (4) and (5) (c) Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (1) (a), (b) and (d) Register April 2008 No. 628, eff. 5-1-08; CR 19-076: am. (1) (a) to (d), (2) (a), (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.08 ATCP 77.08 Granting and withdrawing certification.

ATCP 77.08(1) (1) Granting certification. The department shall certify an operator under s. ATCP 77.03 if the operator and laboratory comply with this chapter. The department may conditionally certify an operator pending action by the operator to correct deficiencies which the department has identified. The department may summarily suspend a conditional certification, without prior hearing, if the operator fails to correct the deficiencies within the time specified by the department.

ATCP 77.08(2) (2) Deadline for action on certification request. Within 40 calendar days after the department receives a complete application under s. ATCP 77.04, the department shall do all the following:

ATCP 77.08(2)(a) (a) Inspect the laboratory if an inspection is required under s. ATCP 77.14 (1).

ATCP 77.08(2)(b) (b) Grant the application, grant the application subject to conditions, or deny the application.

ATCP 77.08(3) (3) Milk and food laboratories; certified analysts.

ATCP 77.08(3)(a) (a) The department may not certify an operator to perform any test under s. ATCP 77.02 (1) or (2) unless the department has certified all of the analysts who perform that test at that laboratory.

ATCP 77.08(4) (4) Suspending or revoking certification. The department may suspend or revoke an operator’s certification for cause, including a violation of this chapter or failure to file required laboratory reports with other government agencies. The department shall comply with applicable requirements under ch. 227, Stats., and ch. ATCP 1.

ATCP 77.08 Note Note: See ss. 93.06 (7) and 93.12, Stats.

ATCP 77.08(5) (5) Summary suspension. The food and recreational safety administrator may issue a written notice, summarily suspending all or part of an operator’s certification, if the food and recreational safety administrator finds in the suspension notice that the operator has not complied with this chapter, that the noncompliance poses an imminent threat to the health or safety of the public or laboratory workers, and that the noncompliance is likely to continue unless the food and recreational safety administrator summarily suspends the operator’s certification. The operator may contest the summary suspension according to s. ATCP 1.03 (3).

ATCP 77.08 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (5) Register May 2020 No. 773, eff. 6-1-20.