Current through November 25, 2024
(1) LICENSE REQUIRED. Except as provided
under sub. (2), no person may manufacture, label or distribute a commercial
feed in this state without an annual commercial feed license issued by the
department. A person paid by the final retail purchaser of a mill-formulated
feed to provide specifications for that feed is engaged in manufacturing,
labeling or distributing a commercial feed within the meaning of this
subsection.
(2) EXEMPTIONS. A
person may do any of the following without a license under sub. (1):
(a) Distribute packaged commercial feed in
the original package in which that feed was packaged and labeled by a licensed
manufacturer or distributor whose name and address appears on the package
label.
(b) Distribute bulk
commercial feed which is all of the following:
1. Distributed in the same form, but not
necessarily in the same quantities, in which it is received from a licensed
manufacturer or distributor.
2.
Labeled with information which, with the possible exception of the net quantity
declaration, is identical to that provided by the licensed manufacturer or
distributor from whom the bulk commercial feed is received.
(c) Manufacture or distribute a
custom-mixed feed, provided that the manufacturer of that custom-mixed feed
does all of the following:
1. Distributes that
custom-mixed feed only to the retail purchaser for whom the feed was
custom-mixed.
2. Obtains all
commercial feeds used as ingredients in that custom-mixed feed only from
licensed manufacturers or distributors.
3. Possesses a contract, invoice or sales
receipt from the supplier of each commercial feed ingredient used in the
custom-mixed feed, showing that the supplier has paid or will pay all
inspection fees required under s.
94.72(6),
Stats., for that commercial feed ingredient.
(d) Manufacture or distribute commercial feed
as an authorized employee of a person, licensed under sub. (1), whose name and
address appear on the feed label.
(e) Manufacture and distribute minimally
processed carcasses and carcass materials for consumption by animals other than
food animals as defined in s.
ATCP 57.01(14) if the person is licensed
as an animal food processor under s.
ATCP 57.12. Minimal processing includes removal of hides or
feathers, cutting, grinding, denaturing, freezing and packaging. Minimal
processing does not include heat treating, rendering, or mixing with other
ingredients such as vitamins or minerals.
(3) LICENSE APPLICATION. A person applying
for an annual license under sub. (1) shall submit an application on a form
provided by the department. The application shall include all of the following:
(a) The name and business address of the
applicant.
(b) The address of each
business location in this state at which the applicant engages in activities
for which a license is required under sub. (1).
(c) The license fees required under sub.
(4).
(d) The inspection fees and
feed tonnage report required under s.
94.72(6),
Stats. A feed manufacturer is not required to pay inspection fees on either of
the following:
1. Grain used in a mill
formulated feed if that grain is owned and provided by the final retail
purchaser of that feed.
2. Grain
used in a custom-mixed feed.
(e) Other relevant information required by
the department.
(4)
LICENSE FEES. A person required to be licensed under sub. (1) shall annually
pay all of the following license fees:
(a) A
basic license fee of $25.
(b) A
supplementary license fee of $25 for each business location under sub. (3) (b),
except that no supplementary license fee is required for either of the
following:
1. A business location which is
the applicant's sole business location in this state.
2. A business location at which the applicant
engages only in manufacturing or distributing custom-mixed feed to retail
purchasers.
(5) LICENSE EXPIRES. A license under sub. (1)
expires on the last day of February of each year.
(6) FEES ARE NONREFUNDABLE. License fees
under sub. (4) and inspection fees under s.
94.72(6),
Stats., are nonrefundable, and may not be prorated for any part of a license
year.
(7) LICENSE NOT TRANSFERABLE.
A license under sub. (1) is not transferable between persons or business
locations. Before a license holder engages in any activity for which a license
is required under sub. (1) at any business location which the license holder
has failed to identify under sub. (3) (b), the license holder shall identify
that business location to the department and shall pay any supplementary
license fee required for that location under sub. (4) (b).
You may obtain a commercial feed license application by
writing The Wisconsin Department of Agriculture, Trade and Consumer Protection,
Feed Section at P.O. Box 8911, Madison, WI 53708-8911.
