Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 77.14 - Inspecting a laboratory

(1) MANDATORY INSPECTIONS. The department shall inspect a laboratory at all of the following times:

(a) Before certifying the operator under s. ATCP 77.03, for the first time, to perform tests at that laboratory.

(b) At least once every 2 years after the department first certifies the operator under s. ATCP 77.03 to perform tests under s. ATCP 77.02(1) at that laboratory and at least once every 3 years after the department first certifies the operator under s. ATCP 77.03 to perform any tests under s. ATCP 77.02(2) or (3).

(c) Before the department certifies the operator to perform a test under s. ATCP 77.02 which the department has not previously certified that operator to perform at that laboratory unless the laboratory is currently certified for a test that utilizes the same or very similar methodology.

(2) DISCRETIONARY INSPECTIONS. The department may inspect a certified laboratory whenever any of the following occurs:

(a) The operator materially alters laboratory facilities or equipment.

(b) The operator assigns a new analyst to perform a test for which the operator is currently certified.

(c) The department concludes that an inspection is necessary to determine whether the operator, or the operator's laboratory, complies with this chapter.

(3) INSPECTION AUTHORITY. The department may exercise its authority under ss. 93.08, 93.14, 93.15, 93.16 and 97.12, Stats., in support of an inspection under this chapter. The department may suspend or revoke the certification of any operator who obstructs or fails to permit an inspection under this section.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 77.14

Cr. Register, September, 1999, No. 525, eff. 10-1-99. Amended by, CR 19-076: am. (1) (b), (c) Register May 2020 No. 773, eff. 6/1/2020

The department conducts its inspections during laboratory business hours. The department ordinarily pre-arranges inspection dates and times that are acceptable to laboratory operators, but is not required to do so. A person who obstructs or interferes with an inspection may also be subject to penalties under s. 93.21(2) or (4) or s. 97.12(4), Stats.