Section 97.27. Food warehouses.

 

(1)   Definitions. In this section:

(a) “Cold-storage warehouse" means a warehouse in which food is to be stored at temperatures between zero and 50 degrees Fahrenheit.

(b) “Food warehouse" means a warehouse used for the storage of food, and includes a cold-storage warehouse, frozen-food warehouse and frozen-food locker plant. “Food warehouse" does not include:

2. A warehouse used solely for the storage of grain or other raw agricultural commodities.

3. A retail food establishment or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.

4. A warehouse located in a dairy plant licensed under s. 97.20 , a food processing plant licensed under s. 97.29 , or a meat establishment licensed under s. 97.42 , and used primarily for the storage of food ingredients or food products manufactured or processed at the licensed establishment.

5. A warehouse operated by a milk distributor licensed under s. 97.21 (3) , and used primarily for the storage and distribution of milk, as defined in s. 97.01 (10) (a) , and fluid milk products, as defined in s. 97.24 (1) (ar) .

6. A facility owned or operated by a consumer and used by that consumer to store food for the consumer's use.

(c) “Frozen-food locker plant" means a warehouse in which individual locked compartments not exceeding 20 cubic feet in capacity are rented to consumers for the storage of food at temperatures at or below 5 degrees Fahrenheit.

(d) “Frozen-food warehouse" means a warehouse at which food is to be stored at temperatures at or below 5 degrees Fahrenheit.

(dm) “Potentially hazardous food" means any food that can support rapid and progressive growth of infectious or toxicogenic microorganisms.

(e) “Retail food establishment" has the meaning given under s. 97.30 (1) (c) .

(f) “Warehouse" means any building, room, structure or facility used for the storage of property.

(2)   License required. No person may operate a food warehouse without a valid license issued by the department for the food warehouse. A food warehouse license expires on June 30 annually, except that a license issued for a new food warehouse on or after March 30 but before July 1 expires on June 30 of the following year. Every food warehouse shall have a separate license. A license is not transferable between persons or food warehouse locations. Application for a license shall be made on a form provided by the department and shall be accompanied by applicable fees required under sub. (3) . An application shall include information reasonably required by the department for licensing purposes.

(3)   Fees.

(a) License fee. An applicant for a food warehouse license shall pay the license fee specified under sub. (3m) .

(b) Reinspection fee. If the department reinspects a food warehouse because the department finds a violation of this chapter or rules promulgated under this chapter on a regularly scheduled inspection, the department shall charge the food warehouse operator the reinspection fee specified under sub. (3m) . A reinspection fee is payable by the food warehouse operator 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 the food warehouse operator.

(c) Surcharge for operating without a license. An applicant for a food warehouse license shall pay a license fee surcharge of $100 if the department determines that, within one year prior to submitting the license application, the applicant operated a food warehouse without a license in violation of this subsection. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the food warehouse, but does not constitute evidence of a violation of law.

(3m)   Fee amounts. Unless otherwise established by department rule, the fees required under sub. (3) are:

(a) For a food warehouse that stores potentially hazardous food, and that has fewer than 50,000 square feet of storage area, an annual license fee of $50 and a reinspection fee of $50.

(am) For a food warehouse that stores potentially hazardous food, and that has 50,000 or more square feet of storage area, an annual license fee of $100 and a reinspection fee of $100.

(b) For a food warehouse that does not store potentially hazardous food, and that has fewer than 50,000 square feet of storage area, an annual license fee of $25 and a reinspection fee of $50.

(c) For a food warehouse that does not store potentially hazardous food, and that has 50,000 or more square feet of storage area, an annual license fee of $50 and a reinspection fee of $100.

(4)   Licensing contingent on payment of fees. The department may not issue or renew a food warehouse license unless the license applicant pays all fees which are due and payable under sub. (3) , as set forth in a statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition of licensing under this section.

(5)   Rule making. The department may promulgate rules to establish the fees required under sub. (3) or to govern the sanitary operation of food warehouses. Rules may include any of the following:

(a) Standards for the construction and maintenance of food storage facilities.

(b) Standards for the storage, identification and handling of food.

(c) Record-keeping requirements to show the length of time that food is kept in storage.

(d) Freezing and temperature requirements applicable to frozen-food warehouses, frozen-food locker plants and cold-storage warehouses.

1987 a. 399 ; 1989 a. 174 ; 1991 a. 39 , 210 ; 1999 a. 83 ; 2013 a. 302 ; 2015 a. 55 , 242 . Cross-reference: See also ch. ATCP 71 , Wis. adm. code.