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Dane County, WI Public Health Rules: Food Handler Certification (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Fee trigger
Restaurant lacks Wisconsin certified food manager
Citation
Ch. 46.34(4), Dane County Code
Enforcing agency
Public Health Madison and Dane County
Fee basis
Set in county Fee Schedule, not a fixed dollar figure
Related fees
Plan review, reinspection, pre-inspection (46.34(1)-(2))

Summary

Dane County backs Wisconsin's certified food manager requirement with a financial penalty: sec. 46.34(4) of the county code lets Public Health Madison and Dane County charge a restaurant operator an additional fee, set in the county fee schedule, for operating without a Wisconsin certified food manager on staff.

City-specific rules exist: Sun Prairie has its own food handler certification rules that differ from Dane County's county-level regulations. If you live in Sun Prairie, check the city-specific page instead.

(4) Fee for operating without a Wisconsin certified food manager. The operator of a restaurant operating without a Wisconsin certified food manager, shall pay an additional fee as set forth in the Public Health Madison and Dane County Fee Schedule.

Full Breakdown

Chapter 46 folds retail food establishments into the same licensing and inspection scheme as hotels, motels, tourist rooming houses and public pools. Sec. 33(4) bars any operator of a regulated facility, including a restaurant, from operating without a valid permit issued by the county health officer. Sec. 34(4), titled "Fee for operating without a Wisconsin certified food manager," provides that the operator of a restaurant operating without a Wisconsin certified food manager shall pay an additional fee as set forth in the Public Health Madison and Dane County Fee Schedule.

That charge sits alongside the department's other food-establishment fees: sec. 34(1)(c) requires a new or extensively remodeled food establishment to submit equipment layout plans, equipment schedules, detailed descriptions of food processing operations and menus for a plan review, with the review fee scaled to the restaurant's anticipated gross annual food and drink sales; sec. 34(1)(b) adds a reinspection fee, also scaled to gross annual sales, whenever Public Health Madison and Dane County finds a violation on a follow-up visit; and sec. 34(2) layers on a pre-inspection fee tied to anticipated gross annual sales, due before a new establishment opens.

Read together, these sections make the certified-manager fee one piece of a broader per-establishment fee structure the department can assess on top of the base food and drink license, rather than a stand-alone criminal penalty.

Violations & Fines

Running a restaurant without a Wisconsin certified food manager on staff draws the additional fee under sec. 46.34(4), billed the same way as the reinspection and pre-inspection charges elsewhere in that section. Because that fee schedule scales with the operation's anticipated gross annual food and drink sales, larger restaurants pay more for the same lapse, and any unpaid amount adds the 25% late fee under sec. 46.35(1).

Frequently Asked Questions

Does Dane County require restaurants to have a certified food manager?
The county code assumes the requirement by penalizing its absence: sec. 46.34(4) charges the operator of a restaurant operating without a Wisconsin certified food manager an additional fee set in the Public Health Madison and Dane County Fee Schedule.
How is the certified-manager fee calculated?
The ordinance doesn't fix a dollar figure; it directs Public Health Madison and Dane County to charge "an additional fee as set forth in the Public Health Madison and Dane County Fee Schedule," the same schedule that scales the department's reinspection and pre-inspection fees to a restaurant's anticipated gross annual food and drink sales.
Who enforces this requirement?
Public Health Madison and Dane County administers ch. 46 licensing and fees for restaurants operating in unincorporated Dane County, under the permit scheme set out in sec. 46.33(4).
What else can trigger extra food-establishment fees?
Sec. 46.34(1)(c) charges a plan-review fee for new or remodeled establishments, (1)(b) a reinspection fee after a violation, and (2) a pre-inspection fee before opening: all scaled to anticipated gross annual food and drink sales alongside the certified-manager fee.

Sources & Official References

Other rules in Dane County

All Dane County rules

Compare Dane County to another location·View the Wisconsin public health rules overview

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