Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 05-13-20-D

Amendments to the Oneida Food Service Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Food Service law (“Law”) was adopted by the Oneida Business Committee

through resolution BC-06-13-01-B, and the amended by resolution BC-02-25-15-C; and

WHEREAS,

the purpose of the Law is to ensure the safety of food that is provided to consumers at

retail or through an Oneida Nation Food Service Program by establishing a system of

overlapping safeguards designed to minimize foodborne illness; ensure employee health,

industry manager knowledge, safe food handling, nontoxic/cleanable equipment and

acceptable levels of sanitation on the premises of food service businesses; and promote

fair dealings with members of the community through adoption of licensing requirements,

exemptions, regulation, control, supervision and enforcement procedures that govern food

service businesses within the jurisdiction of the Nation; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Environmental, Health, Safety and Land Division, Licensing Department and

Cannery to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law remove the Licensing Department, Risk Management and the

Oneida Police Department from the Law, leaving administration and enforcement duties

exclusively to the Environmental, Health and Safety Area within the Nation’s

Environmental, Health, Safety and Land Division (“Department”); and

WHEREAS,

the amendments to the Law provide two ways for applicants to satisfy the food safety

training that is required to obtain a license to operate certain food service businesses: (1)

by taking the course offered through the Department (as was previously the only option);

or (2) by presenting evidence of having received training or certification from an alternative

source that the Department finds satisfactory; and

WHEREAS,

the amendments to the Law add an exemption for cottage food sales and prepackaged

restaurants that eliminates the need for these operations to undergo the licensing process

required of other food service businesses so long as applicants fulfill the requirements to

qualify for the exemption specific to their operation; and

BC Resolution # 05-13-20-D

Amendments to the Oneida Food Service Law

Page 2 of 2

WHEREAS,

the amendments to the Law add a requirement that the Department waive the licensing

fee to operate a food service business or prepackaged restaurant when proof is submitted

by a food service business or prepackaged restaurant of payment to an overlapping

jurisdiction that covers the same term; and

WHEREAS,

the amendments to the Law add a requirement that the Department decide whether to

issue or renew a license within thirty (30) days of receiving an application and, if denied,

the amendments further require that the Department notify the applicant in writing,

supplying him or her with the basis for said denial, as well as information on how to appeal

its decision; and

WHEREAS,

the amendments to the law send appeals of all Department decisions not issued pursuant

to a citation to the Area Manager, whose decision will be final unless challenged to the Trial

Court of the Judiciary on the grounds that it constitutes an abuse of power, that it is contrary

to law, or that it lacks any reasonable factual basis, while decisions of the Department

issued pursuant to a citation would be appealed consistent with the Nation’s Citations law;

and

WHEREAS,

the amendments to the Law provide for the licensing fee, fine and penalty schedules to be

created by the Department, subject to approval by the Oneida Business Committee through

resolution; and

WHEREAS,

the amendments to the Law make other minor drafting revisions for clarification and

consistency with the Legislative Procedures Act; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on February 6, 2020,

in accordance with the Legislative Procedures Act, and the public comment period was

held open until February 13, 2020; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on March 18, 2020.

NOW THEREFORE BE IT RESOLVED, that the amendments to the Oneida Food Service law are hereby

adopted and shall become effective six (6) months following the adoption of this resolution.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 13th day of May, 2020; that the forgoing

resolution was duly adopted at such meeting by a vote of 7 members for, 1 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."