§ 35-7-124 — License required; exemptions; electronic transmittals

(a) Any person processing, distributing, storing or
preparing any food for sale shall obtain a license from the
department of agriculture or a local health department. The
license is not transferable, shall be renewed on an annual basis
and shall be prominently displayed in the establishment. No food
establishment shall serve, hold for sale or sell food to the
public without a valid license. An agricultural producer shall
be exempt from the licensure requirement in this section for
processing, distributing, storing or sale of any raw
agricultural commodity he produces.
(b) Written application for a new license shall be made on
a form approved by the department of agriculture and provided by
the department of agriculture or the local health department and
shall be signed by the applicant. License requirements and fees
for temporary food events operated by nonprofit organizations
shall be waived. Licenses shall expire one (1) year after the
date of issuance unless suspended or revoked. Licenses may be
renewed each year upon application to the department or local
health department. The director shall establish license
categories and fees by rule and no fee shall exceed one hundred
dollars ($100.00), except that the following fees shall be as
specified:
(i) Food license . . . . . . . . . . . $200.00;
(ii) Food license annual renewal . . . $100.00;
(iii) Temporary food establishment license . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . $50.00.
(c) Fifty percent (50%) of the fees collected pursuant to
paragraphs (b)(i) through (iii) of this section shall be
credited to the general fund. The remainder of any fees
collected under this section shall be distributed as follows:
(i) In any county, city or district without a local
health department established pursuant to W.S. 35-1-301 et seq.,
the department of agriculture shall receive ninety percent (90%)
of the amount of the fee collected and the department of health
shall receive ten percent (10%). The revenues shall be deposited
into a special account and shall be used to defer the cost
associated with the food safety program;
(ii) In any county, city or district with a local
health department established pursuant to W.S. 35-1-301 et seq.,
the local health department shall receive eighty-five percent
(85%) of the amount of the fee collected, the department of
agriculture shall receive ten percent (10%) and the department
of health shall receive five percent (5%). The revenues shall be
deposited into a special account and shall be used to defer the
cost associated with the food safety program.
(d) Before approving an application, the department of
agriculture or the local health department shall determine that
the establishment is in compliance with this act and any
regulations promulgated hereunder.
(e) The provisions of subsection (a) of this section shall
not apply to food operators or kitchens in private homes that
prepare food that is not potentially hazardous and prepared for
sale or use at farmers' markets, roadside stands, private homes
and at functions including, but not limited to those operated by
not for profit charitable or religious organizations.
(f) The director may allow the permitting, registration,
licensing, testing, inspection and reporting requirements of
this chapter to be conducted electronically as provided by the
Uniform Electronic Transaction Act, W.S. 40-21-101 through
40-21-119 and any applicable federal electronic requirements.
(g) Subsection (a) of this section shall not apply to food
prepared for, served, consumed, stored or sold at a traditional
event or activity pursuant to W.S. 35-7-1703. The definitions
in W.S. 35-7-1702 shall apply to this subsection.
(h) The provisions of subsection (a) of this section shall
not apply to a producer selling food directly to the informed
end consumer at a farmers market or through ranch, farm or home
based sales pursuant to W.S. 11-49-103. The definitions in W.S.
11-49-102 shall apply to this subsection.
(j) The provisions of subsection (a) of this section shall
not apply to homemade beverages provided at an event held
pursuant to W.S. 12-10-102.