Wisconsin Statutes & Annotations
Chapter 97 - Food, lodging, and recreation.
97.33 - Certificate of food protection practices.

97.33 Certificate of food protection practices.
(1g) In this section:
(a) “Approved examination" means an examination that allows an individual to demonstrate basic knowledge of food protection practices and that is approved by the department as meeting the standards established under sub. (6) (b).
(b) “Certificate holder" means an individual who holds a valid certificate of food protection practices issued under this section.
(c) “Food handler" means an individual engaged in the preparation or processing of food at a restaurant and who is not a certificate holder.
(1m) No person may conduct, maintain, manage, or operate a school lunchroom that is in a school that is participating in the national school lunch program under 42 USC 1751 to 1769j for which food service is directly provided by the school unless the operator or manager of the lunchroom, or his or her designee, is a certificate holder. For purposes of this subsection, the “operator or manager of the lunchroom" is the individual responsible for the administration of food services for a private school, charter school established under s. 118.40 (2r), or school district. A private school, charter school established under s. 118.40 (2r), or school district complies with the requirements of this subsection if the school or school district has one certificate holder.
(1r) After January 1, 1995, no person may conduct, maintain, manage or operate a restaurant unless the operator or manager of the restaurant is a certificate holder.
(2) Except as provided in s. 93.135, the department may issue a certificate of food protection practices to an individual who satisfactorily completes an approved examination or who has achieved comparable compliance.
(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 93.135, may be renewed by the certificate holder if he or she satisfactorily completes all of the following:
(a) If he or she operates or manages a restaurant employing more than 5 food handlers, an approved examination.
(b) If he or she operates or manages a restaurant employing 5 or fewer food handlers, one of the following:
1. A recertification training course approved by the department.
2. An approved examination.
(3g)
(a) For a certificate issued under sub. (3) (b) 1., all of the following apply:
1. The certificate is called a “licensure of food safety training for small operators."
2. The certificate applies only in a restaurant the certificate holder is operating or managing at the time of the renewal or in other restaurants employing 5 or fewer food handlers.
3. A licensure of food safety training for small operators may be renewed under sub. (3) (b) 1. every 5 years.
(b) The department shall approve recertification training courses that were approved by the department as of December 31, 2014, and substantially similar courses.
(c) The department may not adopt different regulatory and inspection standards based on the type of certificate issued under this section.
(3m) The department shall accept relevant education, training, instruction, or other experience that an applicant has obtained in connection with military service, as defined in s. 111.32 (12g), to count toward satisfying the education, training, instruction, or other experience that is required to obtain a certificate of food protection practices if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to obtain a certificate of food protection practices.
(5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 97.30 (5).
(6) The department shall promulgate rules concerning all of the following:
(a) Establishing a fee for certification and recertification of food protection practices, except that a certification fee may not be imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44.
(b) Specifying standards for approval of examinations and training courses for recertification of food protection practices required under this section.
(c) Establishing procedures for issuance, except as provided in s. 93.135, of certificates of food protection practices, including application submittal and review.
History: 1991 a. 39; 1993 a. 16; 1993 a. 27 s. 74; Stats. 1993 s. 254.71; 1997 a. 27, 191; 2011 a. 120, 209; 2013 a. 292; 2015 a. 9, 46; 2015 a. 55 s. 4087; Stats. 2015 s. 97.33; 2017 a. 366 s. 70.

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