Current through August 26, 2024
(1) The agent program shall issue licenses in
its jurisdiction, in accordance with s.
97.30,
Stats., and subchs. III and IV of ch. 97, Stats., and shall ensure that no
person in its jurisdiction, subject to regulation under those statutes,
operates an establishment without a valid license except:
(a) Mobile retail food establishments,
operating in more than one jurisdiction, shall be licensed by the department,
pursuant to s.
97.30(2) (a), Stats.
1. If the mobile retail food establishment
has a service base, as defined in ch. ATCP 75 Appendix Part 1-201.10 (B),
located within an agent's jurisdictional boundary, the agent shall issue the
service base license.
2. The agent
may charge an inspection fee for any inspection of a department-licensed mobile
retail food establishment.
(b) Temporary retail food establishments that
operate in more than one jurisdiction shall be licensed by the department
pursuant to s.
97.30(2) (a), Stats.
1. The department shall provide a guidance
document for the agent to use to determine which temporary retail food
establishment license applies.
2.
The agent may charge an inspection fee for any inspection of a
department-licensed temporary retail food establishment.
(c) Any establishment that is selling,
holding, or distributing food and exempt from the requirement to hold a retail
food establishment license, pursuant to s.
97.30(2) (b), Stats., is under the regulatory
authority of the department and may not be licensed, charged a fee, or
inspected in any manner related to food, dairy, or meat processing, or
wholesale or retail food operations by the agent.
(2) An annual license issued by the agent
program shall include:
(a) The individual,
married couple or legal entity who will hold the license and a complete street
address. A website address or post office box number do not meet this
requirement.
(b) Doing business as
(DBA) name and complete address of the establishment.
(c) License number and expiration
date.
(d) Type of establishment,
for licensing purposes.
(e) Numbers
of units, rooms, or sites and complexity, if applicable.
(3) Each license issued by the agent program
shall expire on June 30, except for the following:
(a) New licenses issued during the period
beginning on April 1 and ending on June 30 shall expire on June 30 of the next
calendar year.
(b) A local health
department of a city of the 1st class that has contracted with the department
may issue a license for a retail food establishment or a bed and breakfast
establishment, pursuant to ss.
97.30(2) (am) or
97.605(5) (b), Stats., at any time during the year.
That license shall expire one year after the date it was issued.
(4) The agent program shall notify
the department when, in the performance of its duties, it encounters an
unlicensed establishment that falls under the department's licensing and
inspection authority.
(5) The
department shall notify an agent program when, in the performance of its
duties, it encounters an unlicensed establishment that falls under the agent
program's licensing and inspection authority.
(6) The agent program may, pursuant to the
provisions of and subject to s.
ATCP 75.03(6), issue an interim
license.
(7) The agent program may
not issue an interim license in response to a renewal application by the holder
of an existing license.
