Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 77 - Laboratory Certification
Subchapter I - General Requirements
Section ATCP 77.08 - Granting and withdrawing certification

Universal Citation: WI Admin Code ยง ATCP 77.08

Current through August 26, 2024

(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.

(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:

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

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

(3) MILK AND FOOD LABORATORIES; CERTIFIED ANALYSTS.

(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.

(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.

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

(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).

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