Current through August 26, 2024
(1) MILK PRODUCER
LICENSE REQUIREMENT.
(a) No person may
operate as a milk producer offering milk for sale without an annual license
from the department for each farm operated, as provided under s.
97.22(2),
Stats. A license expires on April 30 of each year. Whenever the department
first issues a milk producer license, that license shall bear a livestock
premises code issued under s.
ATCP 17.02(7) for the dairy farm
associated with the milk producer license. A license is not transferable
between persons or dairy farms. As a condition to licensing, a milk producer
shall comply with applicable provisions of this chapter.
(b) A separate license is required for any of
the following:
1. Each species of milking
animal milked by each milk producer on a dairy farm.
2. Each dairy farm operated by a milk
producer at which milk is produced and offered for sale.
3. Each dairy plant, if a milk producer is
shipping milk to more than one dairy plant, including a milk contractor that
submits a milk producer license application on behalf of a milk producer and
thereby certifies that the milk producer's dairy farm and milking operations
comply with applicable requirements under this chapter.
(2) LICENSE APPLICATION; RENEWAL.
(a)
General. A license
application, signed by the milk producer, shall be made on a form provided by
the department and shall include the information that is required under s.
ATCP 17.02(4) for the purpose of livestock
premises registration. A dairy plant operator, milk contractor, or their
representative, after inspecting the dairy farm under s.
ATCP 65.910(1), shall submit the
application on behalf of the milk producer and shall certify that the dairy
farm and milking operations comply with applicable requirements under this
chapter. An annual license may be renewed each year upon payment of the
required fees under sub. (4), without further application by the milk producer,
provided the milk producer is registered under s.
ATCP 17.02(4).
(b)
Action on license
application. Within 15 days after the department receives a complete
license application under par. (a), the department shall do any of the
following:
1. Grant the
application.
2. Deny the
application.
3. Issue a temporary
license under par. (c).
(c)
Temporary license. The
department may issue a temporary license, for a period not to exceed 40 days,
pending final action on a milk producer's application for an annual milk
producer license. The department shall grant or deny the annual license
application before the temporary license expires. If the department denies the
annual license application before the temporary license expires, the temporary
license is automatically terminated when the producer receives written notice
of the denial. The holder of a temporary license acquires no rights beyond
those conferred by the temporary license under this paragraph.
(3) PRE-LICENSE INSPECTION.
(a) A division representative, on behalf of
the department, may inspect a dairy farm, as the division deems necessary,
before issuing a license to a milk producer. If the dairy farm does not meet
the minimum standards required for licensing, the department shall deny the
license application.
(b) Automated
milking installations must be reviewed and approved by a division
representative before a milk producer license is issued by the
department.
(4) LICENSE
FEE.
(a) The annual fee for a milk producer
license under this section is $30.
(b) A dairy plant operator, including a milk
contractor that submits a milk producer license application on behalf of a milk
producer and thereby certifies that the milk producer's dairy farm and milking
operations comply with applicable requirements under this chapter, shall pay
the annual milk producer license fee under this section by April 30 of each
year for each dairy farm from which the dairy plant operator receives milk on
that date.
1. A dairy plant operator,
including a milk contractor that submits a milk producer license application on
behalf of a milk producer and thereby certifies that the milk producer's dairy
farm and milking operations comply with applicable requirements under this
chapter, who pays a milk producer license fee, under par. (a), may charge that
fee back to a milk producer if the dairy plant operator gives prior written
notice to the milk producer, but the dairy plant operator may not deduct the
fee from any payment that the dairy plant operator owes the milk producer for
milk received by the dairy plant operator. A dairy plant operator may not
discriminate between milk producers with respect to fee charges under this
paragraph, but may charge back license fees to all milk producers who cease
shipping milk to the operator's dairy plant during the license year.
2. The license fee in this subsection is
non-refundable.
(5) DENIAL OF LICENSE APPLICATION. If the
department denies a milk producer's application for a license under this
section, the department shall issue the denial in writing and shall state the
reasons for the denial. The denial notice shall include a notice of the
applicant's right to hearing under s.
ATCP 65.928. If
a division representative inspects the applicant's dairy farm, the division
representative may deny the application by noting the denial on the inspection
report given to the producer, provided that the inspection report includes the
required information under this subsection.
(6) TRANSFER BETWEEN DAIRY PLANTS. A dairy
plant operator, including a milk contractor that submits a milk producer
license application on behalf of a milk producer and thereby certifies that the
milk producer's dairy farm and milking operations comply with applicable
requirements under this chapter, shall notify the department in writing within
3 business days after any of the following occurs:
(a) The dairy plant operator begins receiving
milk shipments from a licensed producer who has previously shipped milk to
another dairy plant. No new license is required.
(b) A licensed producer is re-assigned, for
licensing purposes under this section, to that dairy plant.
(7) MILK PRODUCER SHIPPING MILK TO
MORE THAN ONE DAIRY PLANT. A milk producer may concurrently ship milk to more
than one dairy plant, including a milk contractor that submits a milk producer
license application on behalf of a milk producer and thereby certifies that the
milk producer's dairy farm and milking operations comply with applicable
requirements under this chapter, if the milk producer is assigned, for
licensing purposes under this section, to each dairy plant. Each dairy plant's
operator shall do all of the following on behalf of the milk producer:
(a) Pay the producer's annual license fees
under this section.
(b) Pay the
producer's reinspection fees, if any, under s.
ATCP 65.04.
(c)
Fulfill other dairy plant operator obligations under this subchapter, if any,
related to the milk producer's license or grade A producer permit.
(8) MILK PRODUCED FOR CUSTOM
PROCESSING. A dairy plant operator shall take ownership and market a milk
producer's milk unless the dairy plant operator is deemed to be custom
processing a producer's milk and all of the following apply:
(a) The dairy plant operator, on behalf of
the milk producer, makes that milk into dairy products.
(b) The milk producer retains title to that
milk and to all of the dairy products made from that milk.
(c) The dairy plant operator does not market
that milk, or the dairy products made from that milk, but promptly returns the
dairy products to the milk producer or the milk producer's agent for
consumption or marketing.
(d) The
dairy plant operator does not commingle milk produced by that milk producer
with other milk.
(e) The dairy
plant operator provides the custom processing services pursuant to a written
agreement with the milk producer or the milk producer's agent. The agreement
shall clearly state that the milk producer retains title to all of the custom
processed milk and dairy products and that the milk producer's milk shipments
under the custom processing agreement are not secured under ch. 126,
Stats.
(f) The milk producer ships,
for custom processing under this subsection, not more than 50 percent of the
producer's milk production in any month.
(g) The dairy plant operator custom processes
not more than a total of 5 million pounds of milk from all milk producers
entering into written agreements with the dairy plant operator, under par. (e),
in any month.
(h) The milk producer
or the milk producer's agent notifies the division of the custom processing
agreement before shipping milk to the dairy plant operator for custom
processing under this subsection and annually thereafter, and simultaneously
notifies the dairy plant operator to whom the producer is assigned for
licensing purposes, under par. (a), if that dairy plant operator is not the one
providing the custom processing services.
(i) The milk producer or the milk producer's
agent files a monthly report with the department, on or before the 15th day of
the month, reporting the volume of milk delivered to the custom processor
during the preceding month. The milk producer or milk producer agent shall file
a copy of the report with the dairy plant operator to whom the producer is
assigned for licensing purposes, under par. (a), if that dairy plant operator
is not providing the custom processing services.
(j) The milk producer or the milk producer's
agent pays to the department the dairy plant milk procurement fees, under s.
ATCP 65.04(10), that apply to the milk
producer's custom processed milk shipments.
(k) The milk producer or the milk producer's
agent pays milk marketing order assessments and other state or federally
mandated assessments that apply to the milk producer's custom processed milk
shipments, in the manner prescribed by state or federal law.
(9) TEMPORARY DISCONTINUATION OF
MILK SHIPMENTS.
(a) A cow milk producer's
license remains in effect if the milk producer resumes milk shipments within
180 days after temporarily discontinuing shipments to the dairy plant to whom
the milk producer is assigned, provided shipments were not transferred to
another dairy plant.
(b) A sheep or
goat milk producer license remains in effect if the milk producer resumes milk
shipments within 240 days after temporarily discontinuing shipments to the
dairy plant to whom the milk producer is assigned, provided shipments were not
transferred to another dairy plant.
(c) If the milk producer does not resume milk
shipments within the allowed 180 or 240 days, the department shall summarily
revoke the milk producer's license. The department shall give the milk producer
a written revocation notice at least 5 business days before the effective date
of the notice.
(10)
TERMINATION OF A MILK PRODUCER LICENSE. If a milk producer stops shipment of
milk to a dairy plant, including a milk contractor that submits a milk producer
license application on behalf of a milk producer and thereby certifies that the
milk producer's dairy farm and milking operations comply with applicable
requirements under this chapter, for any reason, other than a reason identified
in sub. (8), or s.
ATCP 65.70(2) (f), or 65.72(6) or
(7), the dairy plant operator shall notify
the department in writing within 3 business days after receiving the last
shipment of milk from that producer. The department shall summarily revoke the
milk producer's license 30 days after that last milk shipment date unless, by
the scheduled revocation date, the milk producer is shipping milk to another
dairy plant operator to whom the producer is assigned for licensing purposes
under this section. The department shall give the producer a written revocation
notice at least 5 business days prior to the effective date of the
notice.
(11) GRADE A PERMIT
REQUIREMENT. No milk producer may sell or distribute milk as grade A milk
without obtaining an annual grade A producer permit from the department, as
provided under s.
97.22(3),
Stats. A grade A producer permit is not valid unless the producer also holds a
valid milk producer license under s. ATCP 65.02. A grade A producer permit
expires on April 30 of each year. A separate grade A producer permit is
required for each milk producer on a dairy farm at which milk is produced for
distribution or sale as grade A milk. A grade A producer permit is not
transferable between persons or dairy farms. Except as provided in sub. (12),
no more than one milk producer at a dairy farm shall have a grade A permit. A
grade A permit may be issued by the department in the form of an endorsement on
an inspection report given to the milk producer. As a condition to holding a
grade A producer permit, a milk producer shall comply with applicable
provisions of this chapter.
(12)
GRADE A PERMITS AT A SINGLE DAIRY FARM OPERATED BY MULTIPLE MILK PRODUCERS.
More than one milk producer at a farm may hold grade A producer permits if each
milk producer holding a grade A producer permit ships milk to the same dairy
plant. All water test results under s.
ATCP 65.10, drug residue test results under s.
ATCP 65.72,
milk quality test results under s.
ATCP 65.76,
inspection results under ss.
ATCP 65.910 and 65.912, and enforcement actions
taken under Subchapter VI apply equally to all holders of a milk producer
license at a single dairy farm sharing a herd of milking animals; access or use
of a barn, milking barn, milking parlor, milking and milk handling system; or
any other part of a dairy farm. The division shall simultaneously inspect the
milking operations of a dairy farm at which more than one grade A producer
permit is held. The inspections shall be in accordance with ss.
ATCP 65.910 and 65.912.
(13) GRADE A PERMIT APPLICATION; RENEWAL.
(a)
General. A grade A
producer permit application, signed by the milk producer, shall be made on a
form provided by the department. A dairy plant operator, including a milk
contractor that submits a milk producer license application on behalf of a milk
producer and thereby certifies that the milk producer's dairy farm and milking
operations comply with applicable requirements under this chapter, after
inspecting the dairy farm under Subchapter VI shall submit the application on
behalf of the milk producer, and shall certify that the dairy farm facilities
comply with applicable grade A requirements under this chapter. A grade A
producer permit may be renewed each year in connection with the renewal of the
milk producer's license under s. ATCP 65.02, without further application by the
milk producer.
(b)
Action
on permit application. Within 15 days after the department receives a
complete grade A producer permit application under par. (a), the department
shall do any of the following:
1. Grant the
application after inspecting the dairy farm.
2. Deny the application.
(14) PRE-PERMIT INSPECTION. A
division representative, on behalf of the department, may inspect a dairy farm
before issuing a grade A producer permit for that milk producer.
(15) DENIAL OF GRADE A PERMIT APPLICATION.
The department shall deny an application for a grade A producer permit if it
determines, under sub. (14), that minimum standards are not met. The department
shall issue the denial in writing and shall state the reasons for the denial.
The denial notice shall include a notice of the applicant's right to hearing
under s.
ATCP 65.928. A
representative of the division, after inspecting the applicant's dairy farm,
may deny a grade A producer permit application by noting the denial on the
inspection report given to the producer, provided that the inspection report
includes the required information under this subsection.
(16) TRANSFER OF GRADE A PRODUCERS BETWEEN
DAIRY PLANT OPERATORS. A dairy plant operator, including a milk contractor that
submits a milk producer license application on behalf of a milk producer and
thereby certifies that the milk producer's dairy farm and milking operations
comply with applicable requirements under this chapter, shall notify the
department in writing within 3 business days after any of the following occurs:
(a) The operator begins receiving milk
shipments from a grade A producer who has previously shipped milk to another
operator.
(b) A grade A producer is
re-assigned, for permit purposes under this section, to that dairy plant
operator.
Note: No new grade A producer permit is
necessary when a producer transfers to a different dairy
plant.
(17) GRADE
A MILK PRODUCER SHIPPING MILK TO MORE THAN ONE DAIRY PLANT. A milk producer
holding a grade A producer permit may concurrently ship milk to more than one
dairy plant operator, including a milk contractor that submits a milk producer
license application on behalf of a milk producer and thereby certifies that the
milk producer's dairy farm and milking operations comply with applicable
requirements under this chapter, if the milk producer and dairy plant operators
comply with s. ATCP 65.02(7) and only one of the dairy plants accepts the milk
producer's milk as grade A milk.
(18) TEMPORARY DISCONTINUATION OF GRADE A
MILK SHIPMENTS.
(a) A dairy plant operator,
including a milk contractor that submits a milk producer license application on
behalf of a milk producer and thereby certifies that the milk producer's dairy
farm and milking operations comply with applicable requirements under this
chapter, shall notify the department if a grade A milk producer temporarily
discontinues milk shipments without transferring milk shipments to another
dairy plant. The dairy plant operator shall notify the department in writing
within 3 business days after the producer discontinues shipments and within 3
business days after the producer resumes milk shipments.
(b) A milk producer's grade A producer permit
remains in effect if the milk producer resumes milk shipments, under par. (a),
within 60 days after temporarily discontinuing milk shipments to the dairy
plant to whom the milk producer is assigned, provided shipments were not
transferred to another dairy plant. If the milk producer does not resume milk
shipments within 60 days, the department shall summarily revoke the milk
producer's grade A producer permit. The department shall give the producer a
written revocation notice at least 5 business days before the effective date of
the notice.
(19)
RE-INSPECTION FEE REQUIREMENT. If a division representative, on behalf of the
department, conducts a reinspection, the department shall charge a reinspection
fee of $30 for the reinspection, or $60 if the reinspection is required for
reinstatement of a milk producer's license or grade A producer permit pursuant
to s.
97.22(4),
Stats. A reinspection fee is payable when the reinspection is completed, and is
due upon written demand from the department.
(20) FEE PAYMENT OBLIGATIONS; ENFORCEMENT. If
no dairy plant pays the fees required under this subchapter on behalf of a milk
producer, the department may demand payment from the milk producer. If, after
reasonable notice and demand for payment, a milk producer fails to pay a fee
that was due and payable before the current license year, the department may
suspend the milk producer's license or grade A producer permit.
(21) BTU REQUIREMENTS. Each farm in a BTU
shall be operated by a licensed milk producer who holds a grade A producer
permit, shall be included in only one BTU, and shall produce milk for
pasteurization that is collected by a bulk milk weigher and sampler licensed
under s.
ATCP 82.04.
