1. (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:

   1. (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. 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. 2. The agent may charge an inspection fee for any inspection of a department-licensed mobile retail food establishment.

   2. (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. 1. The department shall provide a guidance document for the agent to use to determine which temporary retail food establishment license applies.
      2. 2. The agent may charge an inspection fee for any inspection of a department-licensed temporary retail food establishment.
   3. (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. (2) An annual license issued by the agent program shall include:

   1. (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.
   2. (b) Doing business as (DBA) name and complete address of the establishment.
   3. (c) License number and expiration date.
   4. (d) Type of establishment, for licensing purposes.
   5. (e) Numbers of units, rooms, or sites and complexity, if applicable.

3. (3) Each license issued by the agent program shall expire on June 30, except for the following:

   1. (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.
   2. (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. (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. (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. (6) The agent program may, pursuant to the provisions of and subject to s. ATCP 75.03 (6), issue an interim license.
7. (7) The agent program may not issue an interim license in response to a renewal application by the holder of an existing license.

History

History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.