Dane County, WI Public Health Rules: Food Handler Certification (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.
(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?
How is the certified-manager fee calculated?
Who enforces this requirement?
What else can trigger extra food-establishment fees?
Sources & Official References
Other rules in Dane County
Compare Dane County to another location·View the Wisconsin public health rules overview
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