SB 445

Under current law, no person may operate a retail food establishment unless

the person has a license issued by the Department of Agriculture, Trade and

Consumer Protection (DATCP). Current law defines a retail food establishment to

include a permanent or mobile food processing facility where food processing is

conducted primarily for direct retail sale to consumers at the facility, but to exclude

restaurants and other establishments holding a permit issued by the Department of

Health Services (DHS). Each license issued to a retail food establishment under this

requirement is valid for one year and must expire on June 30. Current law permits

DATCP to enter into an agreement with a local health department having a

jurisdictional population of 5,000 or more under which the local health department

serves as DATCP's agent. Under such an agreement, the local health department

may issue the required license.

This bill permits a local health department, located in a city of the first class

(currently, only the city of Milwaukee) and that has entered into an agreement with

DATCP to serve as DATCP's agent, to issue a license to a retail food establishment

at any time during the year, and requires such a license to expire one year from the

date of issuance.

Also under current law, no person may conduct, maintain, manage, or operate

a restaurant or bed and breakfast establishment unless the person has a permit

issued by DHS. Each permit issued to a restaurant or bed and breakfast

establishment under this requirement is valid for one year and expires on June 30,

except that permits initially issued during the period beginning on April 1 and

ending on June 30 expire on June 30 of the following year. Current law permits DHS

to enter into an agreement with a local health department having a jurisdictional

population of 5,000 or more under which the local health department serves as DHS's

agent. Under such an agreement, the local health department may issue the

required permit.

This bill permits a local health department, located in a city of the first class

and that has entered into an agreement with DHS to serve as DHS's agent, to issue

a permit to a restaurant or bed and breakfast establishment at any time during the

year, and requires such a permit to expire one year from the date of issuance.