Current through August 26, 2024
(1) LICENSE
REQUIRED. No person may operate a food warehouse without a valid license issued
by the department under s.
97.27, Stats.,
for that food warehouse. A food warehouse license expires on June 30 annually.
A separate license is required for every food warehouse location. A license is
not transferable between persons or food warehouses.
Note: If a food warehouse is operated as a
public storage warehouse, the food warehouse must also be licensed under ch.
99, Stats.
(2) LICENSE
APPLICATION. Application for an annual food warehouse license shall be made on
a form provided by the department. The application shall include applicable
fees and surcharges required under this section. An application shall include
all of the information required under this section for licensing purposes.
Note: A license application form may be obtained
from the State of Wisconsin Department of Agriculture, Trade and Consumer
Protection, Division of Food Safety, P. O. Box 8911, Madison, WI
53708-8911.
(3) ANNUAL
LICENSE FEE. An applicant for a food warehouse license shall pay an annual
license fee as follows:
(a) For a warehouse
that stores potentially hazardous food, and has fewer than 50,000 square feet
of storage area, $120.
(b) For a
warehouse that stores potentially hazardous food, and has at least 50,000
square feet of storage area, $320.
(c) For a warehouse that does not store
potentially hazardous food, and has fewer than 50,000 square feet of storage
area, $80.
(d) For a warehouse that
does not store potentially hazardous food, and has at least 50,000 square feet
of storage area, $160.
(4) SURCHARGE AND PAST FEES FOR OPERATING
WITHOUT A LICENSE.
(a) An applicant for a food
warehouse license shall pay a license fee surcharge of $100 if the department
determines that, within 365 days prior to submitting the license application,
the applicant operated the food warehouse without a license in violation of
sub. (1).
(b) In addition to paying
the license fee surcharge under par. (a), an applicant who violated sub. (1)
shall pay all fees, set forth in a statement from the department, that are due
for the license year in which the applicant violated sub. (1).
(c) Payment of the license fee surcharge and
past fees under pars. (a) and (b) does not relieve the applicant of any other
civil or criminal liability that results from the unlicensed operation of a
food warehouse, but does not constitute evidence of any violation of
law.
(5) REINSPECTION
FEE.
(a) If the department reinspects a food
warehouse because the department has found a violation of ch. 97, Stats., or
this chapter on a regularly scheduled inspection, the department shall charge
the food warehouse operator the reinspection fee specified under par. (b). A
reinspection fee is payable when the reinspection is completed, and is due upon
written demand from the department. The department may issue a demand for
payment when it issues a license renewal application form to a food warehouse
operator.
(b) The reinspection fee
required under par. (a) is as follows:
1. For
a food warehouse that stores potentially hazardous food and has fewer than
50,000 square feet of storage area, $115.
2. For a food warehouse that stores
potentially hazardous food and has at least 50,000 square feet of storage area,
$300.
3. For a food warehouse that
does not store potentially hazardous food and has fewer than 50,000 square feet
of storage area, $100.
4. For a
food warehouse that does not store potentially hazardous food and has at least
50,000 square feet of storage area, $200.
(6) ACTION ON LICENSE APPLICATION; DEADLINE.
The department shall grant or deny a license application under sub. (2) within
20 business days after the department receives a complete application, or
before the expiration date of any temporary license issued under sub. (8). If
the license application is denied, the department shall notify the applicant,
in writing, of the reasons for the denial.
(7) PREREQUISITES FOR LICENSING. The
department shall not issue or renew a food warehouse license, or issue a
temporary license under sub. (8), unless all of the following conditions are
met:
(a) The applicant has paid all fees and
surcharges, set forth in a statement from the department, that are due and
payable by the applicant under this section. The department shall refund a
license fee surcharge paid under protest if, upon review, the department
determines that the surcharge is not due and payable.
(b) If the food warehouse is a new food
warehouse, the department has inspected the food warehouse under sub.
(9).
(8) TEMPORARY
LICENSE.
(a) The department may issue a
temporary license to an applicant under sub. (2) pending the department's final
action on that license application. A temporary license may be issued for a
period not to exceed 40 business days.
(b) The holder of a temporary license
acquires no rights as a licensee beyond those conferred by the temporary
license. If the department denies an annual license application before the
applicant's temporary license expires, the temporary license is automatically
terminated when the applicant receives written notice of the denial.
(c) The department may not issue a temporary
license under par. (a) in response to a license renewal application by the
holder of an existing license.
(d)
The department may not issue a temporary license under par. (a) for a food
warehouse that is not currently licensed unless the department first inspects
that food warehouse under sub. (9).
(9) PRE-LICENSE INSPECTION. The department
may inspect a food warehouse, as the department deems necessary, before issuing
a license for the food warehouse. The department may not issue a license or
temporary license for a food warehouse that is not currently licensed unless
the department first inspects that food warehouse for compliance with this
chapter.
(10) DENIAL, SUSPENSION,
OR REVOCATION OF LICENSE; CONDITIONAL LICENSE. The department may deny,
suspend, or revoke a license, or impose conditions on a license, as provided
under s.
93.06(7) and (8), Stats.
Note: The procedure for suspending or revoking a
license is set forth in ch. ATCP 1.
(11) FEDERAL REQUIREMENTS.
(a) A food warehouse which is also a
qualified facility shall comply with the requirements of this chapter and 21
CFR 117 Subparts A, B, E, and F, and
21
CFR 117.5(a).
(b) A food warehouse that is a facility, but
is not a qualified facility, and only stores unexposed packaged potentially
hazardous food shall comply with the requirements of this chapter, and 21 CFR
117 Subparts A, B, E, and F and 117.206.
(c) A food warehouse that is a facility, but
is not a qualified facility, and stores exposed food shall comply with the
requirements of this chapter and 21 CFR 117, Subparts A, B, C, F, and
G.
The procedure for suspending or revoking a license is set
forth in ch. ATCP 1.
