Section 71.02. Food warehouse license; fees.

 

(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.

(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.

(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.

(11)   Federal requirements.

(a) A food warehouse which is also a qualified facility shall comply with the requirements of this chapter and 21 CFR 117.5 (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 117.7 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 C and G.

History: Cr. Register, June, 1994, No. 462 , eff. 7-1-94; am. (3) and (5) (b), Register, January, 1998, No. 505 , eff. 2-1-98; CR 05-044 : am. (2), (3), (5) (b), and (7) (a) Register December 2005 No. 600 , eff. 1-1-06; CR 07-037 : am. (3) (a) to (d) and (5) (b) 1. to 4. Register April 2008 No. 628 , eff. 5-1-08; CR 14-047 : am. (5) (b) 3., 4. Register May 2015 No. 713 , eff. 6-1-15; CR 15-093 : cr. (11) Register August 2016 No. 728 , eff. 9-1-16.

Note

If a food warehouse is operated as a public storage warehouse, the food warehouse must also be licensed under ch. 99 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 The procedure for suspending or revoking a license is set forth in ch. ATCP 1 . Microsoft Windows NT 6.1.7601 Service Pack 1