(a) Pursuant to W.S. 35-7-124(a), any person processing, distributing, storing or preparing food for wholesale or retail use 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 or processing plant. No establishment or processing plant shall serve, hold for sale or sell food to the public without a valid license. An agriculture producer shall be exempt from the licensure requirement in this Section for processing, distributing, storing or sale of any raw agriculture commodity he produces. - (i) Milk haulers, graders, and testers shall be licensed according to Chapter 2, Section 2, and standardized by the department of agriculture using criteria specified in the United States Public Health Service/FDA Pasteurized Milk Ordinance, Appendix B -Milk Production; Hauling; Industry Inspection.
- (ii) Any person candling eggs in the state of Wyoming shall be licensed according to Chapter 2, Section 2, and standardized by the department of agriculture using criteria specified in USDA AMS 56- U.S. Standards, Grades, and Weight Classes for Shell Eggs and 7 CFR Part 56 Regulations Governing the Voluntary Grading of Shell Eggs.
(b) Pursuant to W.S. W.S. W.S. 35-7-124(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. - (i) The application shall include:
- (A) The name, mailing address, telephone number, and signature of the person applying for the license; the name, mailing address, and telephone number of the registered agent; and the name, mailing address, and location of the establishment or processing plant;
- (B) Information specifying whether the establishment or processing plant is owned by an association, corporation, individual, partnership, or other legal entity;
- (C) A statement specifying whether the establishment or processing plant:
- (I) Is mobile or stationary and temporary or permanent; and
- (II) Is an operation that includes one or more of the following:
- (1.) Prepares, offers for sale, or serves potentially hazardous food:
- a. Only to order upon a consumer's request;
- b. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency; or
- c. Using time as the public health control as specified under Chapter 3, Section 61;
- (III) Prepares potentially hazardous food in advance using a food preparation method that involves two or more steps which may include combining potentially hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing;
- (IV) Prepares food as specified under Chapter 2, Section 2(b)(i)(C) (III), for delivery to and consumption at a location off the premises of the establishment where it is prepared;
- (V) Prepares food as specified under Chapter 2, Section 2(b) (i)(C) (III), for service to a highly susceptible population;
- (VI) Prepares only food that is not potentially hazardous; or
- (VII) Does not prepare, but offers for sale only prepackaged food that is not potentially hazardous;
- (D) A statement signed by the applicant that:
- (I) Certifies to the accuracy of the information provided in the application; and
- (II) Affirms that the applicant will:
- (1.) Comply with this Rule; and
- (2.) Allow the regulatory authority access to the establishment as specified under Chapter 2, Section 24, and to the records specified under Chapter 3, Section 15, Chapter 8, Section 21, and Chapter 10, Section 2(a) (iv) (F).