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AB544: Bill Text
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2025 - 2026 LEGISLATURE
LRB-1613/1
JAM:skw/cdc/wlj
2025 ASSEMBLY BILL 544
October 15, 2025 - Introduced by Representatives
Goodwin
,
Moses
,
Arney
and
Stubbs
. Referred to Committee on Consumer Protection.
AB544,1,3
1
An Act
to create
97.30 (2m) of the statutes;
relating to:
a statewide retail food
2
establishment food grading system, providing an exemption from emergency
3
rule procedures, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer Protection is responsible for the administration and enforcement of this state’s food safety laws, including those relating to licensing and inspections of restaurants and other retail food establishments. DATCP is permitted to contract with local health departments to aide in investigating and enforcing the state’s food safety laws. An authorized DATCP inspector may at any time during reasonable hours enter and inspect licensed retail food establishments, and may issue a holding order prohibiting the sale or movement of food if the inspector has reasonable cause to believe the food is adulterated or misbranded and dangerous to health or misleading as to injury or damage that could occur to a consumer. Upon finding a violation of the food safety laws, DATCP may also issue a special order directing compliance with food safety law, and may also by summary order suspend a license or permit issued if it finds there has been a substantial failure to comply with the food safety laws and that the violation constitutes a serious danger to public health.
This bill requires DATCP to establish within its current food safety regulatory activities a statewide food safety grading system for retail food establishments. The food safety grading system shall be based on a 100-point scale and shall categorize and assign negative point values that correspond to food safety violations that may occur at retail food establishments and that are based on the risk each food safety violation poses to public health. DATCP or a local health department designated as an agent of the department must at least once annually conduct unannounced inspections of each licensed retail food establishment, identify any food safety violations, and, using the point system developed by DATCP, determine for the retail food establishment a food safety score of A, B, C, or Grade Pending. If a retail food establishment receives a grade of Grade Pending, it must comply with DATCP’s or the local health department’s instructions for immediate corrective action, and the retail food establishment shall be subject to reinspection according to a timeline chosen by DATCP or the local health department. A retail food establishment may within 30 days of receiving a grade request a reinspection. A retail food establishment must comply with certain requirements regarding the posting of the grade it receives as a result of the inspection conducted under the system, including the requirement to display the grade it receives on all its public entrances. Failure to comply with the posting requirements may result in the retail food establishment being subject to a warning for the first violation, a forfeiture of $500 for a second violation committed within 12 months of a previous violation, and a $1,000 forfeiture for a third or subsequent violation committed within 12 months of any two previous violations. The bill requires DATCP to create and maintain an online database that is open to the public and that details the results of inspections conducted and grades determined for retail food establishments. The bill also requires DATCP to promulgate rules to enforce the food safety grading system.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB544,1
1
Section
1
.
97.30 (2m) of the statutes is created to read:
AB544,2,3
2
97.30
(2m)
Retail food establishment food safety grading system.
(a)
3
Definitions.
In this subsection:
AB544,2,5
4
1. “Food safety violation” means a violation of a provision of this chapter or a
5
rule promulgated under this chapter.
AB544,2,7
6
2. “Local health agent” means a local health department designated as an
7
agent of the department under s. 97.41.
AB544,3,5
8
(b)
Food safety grading system.
The department shall establish and
1
administer a uniform statewide food safety grading system for retail food
2
establishments. The department shall base the grading system on a 100-point
3
scale and shall categorize and assign negative point values that correspond to food
4
safety violations that may occur at retail food establishments and that are based on
5
the risk each food safety violation poses to public health.
AB544,3,18
6
(c)
Inspections and grading.
1. Using the system developed under par. (b), the
7
department or a local health agent shall conduct unannounced inspections of each
8
retail food establishment licensed under sub. (2) at least once annually, and
9
announced inspections of each retail food establishment licensed under sub. (2) as
10
determined by the department, and, on the basis of each inspection conducted,
11
determine if there is a food safety violation at the retail food establishment. If as a
12
result of an inspection the department or local health agent determines that a food
13
safety violation has occurred at the retail food establishment, the department or
14
local health agent shall assign the retail food establishment a negative point value
15
in accordance with the grading system developed by the department under par. (b).
16
On the basis of any food safety violations found and corresponding negative point
17
values assigned as a result of the inspection, the department or local health agent
18
shall determine a grade for the retail food establishment as follows:
AB544,3,19
19
a. The grade “A” for 90 to 100 points.
AB544,3,20
20
b. The grade “B” for 80 to 89 points.
AB544,3,21
21
c. The grade “C” for 70 to 79 points.
AB544,3,22
22
d. The grade “Grade Pending” for 69 or fewer points.
AB544,4,4
23
2. If a retail food establishment receives a grade of “Grade Pending” as a
24
result of an inspection conducted under subd. 1., the retail food establishment shall
1
comply with the instruction of the department or local health agent on steps that
2
the retail food establishment shall take for immediate corrective action, and the
3
retail food establishment shall be subject to reinspection in accordance with a
4
timeline chosen by the department or local health agent.
AB544,4,7
5
(d)
Grade display.
1. A retail food establishment shall prominently display
6
the most recent grade that it has received under par. (c) within 48 hours of receiving
7
the grade and at all public entrances to the retail food establishment.
AB544,4,11
8
2. Subject to the period allowed under subd. 1., a retail food establishment
9
may not post a grade that it has been assigned as a result of an inspection under
10
par. (c) if the grade is not the most recent grade assigned to the retail food
11
establishment by the department or a local health agent.
AB544,4,15
12
3. Subject to the period allowed under subd. 1., a retail food establishment
13
may not indicate that the retail food establishment has received a grade regarding
14
its food safety other than the one it has most recently been assigned as a result of an
15
inspection under par. (c).
AB544,4,18
16
(e)
Reinspection.
1. A retail food establishment may within 30 days of
17
receiving a grade under par. (c) request that the department or local health agent
18
that provided the grade conduct a reinspection of the retail food establishment.
AB544,4,20
19
2. A retail food establishment’s request for a reinspection under subd. 1. does
20
not relieve the retail food establishment from the requirements under par. (d).
AB544,5,2
21
(f)
Penalty.
A person that violates par. (d) may be subject to a warning from
22
the department or a local health agent for a first violation, a $500 forfeiture for a
23
2nd violation committed within 12 months of a previous violation, and a $1,000
1
forfeiture for a 3rd or subsequent violation committed within 12 months of any two
2
previous violations.
AB544,5,6
3
(g)
Public database.
The department shall create and maintain an online
4
database that is open to the public and that details the results of inspections
5
conducted, negative point values assigned, and grades determined under par. (c) for
6
each retail food establishment.
AB544,5,9
7
(h)
Rulemaking and administration.
1. The department shall promulgate
8
rules to administer this subsection within 6 months of the effective date of this
9
subdivision .... [LRB inserts date].
AB544,5,13
10
2. The department shall ensure that the food safety grading system for retail
11
food establishments authorized under par. (b) is created, administered, and
12
enforced statewide within one year of the effective date of this subdivision .... [LRB
13
inserts date].
AB544,2
14
Section
2
. Nonstatutory provisions.
AB544,5,22
15
(
1
)
Emergency rulemaking.
Using the procedure under s. 227.24, the
16
department of agriculture, trade and consumer protection may promulgate the
17
rules authorized under s. 97.30 (2m) (h) 1. as emergency rules. Notwithstanding s.
18
227.24 (1) (a) and (3), the department of agriculture, trade and consumer protection
19
is not required to provide evidence that promulgating a rule under this subsection
20
as an emergency rule is necessary for the preservation of the public peace, health,
21
safety, or welfare and is not required to provide a finding of emergency for a rule
22
promulgated under this subsection.
AB544,5,23
23
(end)
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