Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 74 - Local Agents and Regulation
Section ATCP 74.16 - Enforcement and sampling

(1) The agent program shall take necessary actions to enforce the provisions of s. 97.30, Stats., and subchs. III and IV of ch. 97, Stats., and related administrative rules in chs. ATCP 70, 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, and any local ordinances or regulations, adopted pursuant to ss. 97.41(7) and 97.615(2) (g), Stats., for establishments over which the agent program has been delegated authority under the contract between the department and the agent program.

(2) Enforcement actions may include license revocation; license suspension; fines or civil forfeitures; orders to close; temporary or final hold orders on equipment, food, processes, or establishments; and the placement of conditions on licenses.

(3) The agent program shall maintain a written enforcement policy that is distributed to its inspection staff and shall make it available to the department during evaluations, whenever it is substantively changed, or upon request.

(4) The agent program shall notify the department, in writing within 10 days, after taking any enforcement action against an establishment involving license suspension, license revocation, or court or administrative actions.

(5) The agent program shall be responsible for costs incurred in enforcement actions taken in the agent program's jurisdiction.

(6) The agent program shall take samples requested by the department.

(7) The agent program may conduct any requested sample analyses in a laboratory certified by the department, pursuant to ch. ATCP 77 for those analyses. All costs associated with collecting and testing these samples shall be assumed by the agent program.

(8) The agent program shall share laboratory results with the department.

(9) Agent programs that do not have the laboratory capability to perform required analyses, or choose not to perform those analyses, shall submit samples to the department's bureau of laboratory services for analysis. The agent program shall assume the cost of collecting samples and shipping them to the department's laboratory. The department shall assume the cost of the laboratory analysis of those samples.

(10) If the department has notified an agent program of deficiencies by any licensee, in complying with the enforcement provisions of this chapter or any other rules or statutes applicable under the contract, and that agent program does not act expeditiously or take effective action with the licensee, the department may act, pursuant to ss. 97.12, and 97.65, Stats., to enforce compliance with this chapter.

(11) The agent, if requested by the department, shall conduct effectiveness checks after product recalls or other situations in which a license holder is required to remove food from sale or service.