Current through August 26, 2024
(1) DAIRY PLANT
LICENSE REQUIRED.
(a)
License
required. Except as provided under par. (b), no person may operate a
dairy plant, or act as a milk contractor who 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, without a valid license issued by the
department for that dairy plant or milk contractor. A dairy plant license
expires on April 30 annually and is not transferable between persons or
locations. A dairy plant receiving or procuring milk from milk producers shall
hold a current milk contractor license.
Note: See ss.
97.20, and
126.40,
Stats.
(b)
License
exemptions. A dairy plant license is not required, under par. (a), for
any of the following:
1. A farm manufacturing
or processing dairy products solely for consumption by the owner or operator of
the farm, members of the farm household, or nonpaying farm guests or
employees.
2. The retail
preparation or processing of meals for sale directly to consumers or through
vending machines if the preparation and processing of dairy products, made from
commercially pasteurized dairy products, is covered under a restaurant license
or other license issued under s.
97.605,
Stats. Packaging of grade A dairy products for retail sale by exempted
establishments under this section is prohibited.
3. A retail food establishment, including a
restaurant, licensed under s.
97.30,
Stats., if the establishment processes non-grade A dairy products made from
commercially pasteurized and packaged dairy products solely for retail sale at
the establishment.
4. A milk
receiving station or transfer station operated at the same location, and by the
same person, as a processing plant licensed under sub. (1).
5. A milk transfer station operated at the
same location, and by the same person, as a milk receiving station licensed
under sub. (1).
6. A food
processing plant licensed, under s.
97.29,
Stats., that meets the requirements of s.
97.20(2) (e) 5, Stats.
7. A dairy plant that is exempted from
licensing by department rule.
(2) LICENSE APPLICATION. An application for a
dairy plant license shall be made on a form provided by the department and
shall be accompanied by each applicable non-refundable fee required under this
section. The application shall include the following information, and any other
information reasonably required by the department for licensing purposes:
(a) The correct legal name of the dairy plant
operator and any trade name used by the operator.
(b) The dairy plant address, including
number, street name, and zip code; and telephone number of the dairy plant to
which the license application pertains, and the name of a responsible person
who may be contacted at that address.
(c) A statement indicating whether the dairy
plant is a processing plant, receiving station, or transfer station.
(d) A description of the processing
operations, if any, conducted at the dairy plant.
(3) ACTION ON LICENSE APPLICATION; DEADLINE.
The department shall grant or deny a license application, under sub. (2),
within 40 days after the department receives a complete application, or before
the expiration date of any temporary license issued under sub. (5), whichever
occurs later.
(4) PREREQUISITES FOR
LICENSING. The department shall not issue or renew a dairy plant license, or
issue a temporary license under sub. (5), unless all of the following
conditions are met:
(a) The license applicant
has paid all fees and surcharges, set forth in a statement from the department,
that are due and payable by the applicant under this section. The department
shall refund a fee or surcharge paid under protest if the department determines
that the fee or surcharge is not due and payable under this section.
(b) The license applicant has filed all
financial information and security that the department requires of that
applicant under ch. ATCP 100. If an applicant has not filed required financial
information or security, the department may issue a conditional license that
prohibits the licensed operator from buying milk or fluid milk products from
producers or their agents, but allows the operator to buy milk or fluid milk
products from other sources.
(c)
The division has inspected the dairy plant under sub. (6) (b) if the dairy
plant is not currently licensed.
(5) TEMPORARY LICENSE.
(a) Except as provided under par. (c), the
department may issue a temporary dairy plant license to an applicant, under
sub. (2), pending the department's final action on that person's license
application. A temporary license may be issued for a period of not more than 40
days. If the department denies a license application before the applicant's
temporary license expires, the temporary license is automatically terminated
when the applicant receives written notice of the denial.
(b) The holder of a temporary license, under
par. (a), acquires no rights beyond those conferred by the temporary license.
The holder of a temporary license may not purchase milk or fluid milk products
from milk producers or their agents, but may purchase milk or fluid milk
products from other sources.
(c)
The department may not issue a temporary license, under par. (a), in response
to a license renewal application by the holder of an existing
license.
(6) PRE-LICENSE
INSPECTION.
(a) The division may inspect a
dairy plant, as the department deems necessary, before issuing a license for
that dairy plant.
(b) The
department may not issue a dairy plant license, under sub. (1), or a temporary
license, under sub. (5), for a dairy plant that is not currently licensed until
the division inspects that dairy plant for compliance with this chapter.
Note: The department is not required to
inspect a currently licensed dairy plant before renewing the license of the
current operator, or before issuing a license to a new operator of that dairy
plant.
(7) ADDED
OPERATIONS. No dairy plant operator may add a new category of operations at a
licensed dairy plant during the time period for which the license was issued
unless the operator notifies the division and obtains written authorization for
the new category of operations. A dairy plant operator adding the processing of
low-acid or acidified foods packaged in hermetically sealed containers, seafood
or juice, shall comply with the applicable requirements in ch. ATCP 70. In this
subsection, "new category of operations" includes the manufacture or processing
of any of the following that was not identified in the operator's most recent
license application under sub. (2):
(a) Fluid
milk products.
(b) Cheese and
cheese products.
(c) Ice cream or
frozen desserts.
(d) Dairy products
dried at the dairy plant.
(e)
Multi-ingredient dried dairy products blended at the dairy plant.
(8) ANNUAL DAIRY PLANT LICENSE
FEES.
(a)
Fees based on receipts or
production. An applicant for a dairy plant license shall pay an annual
license fee. The license fees in this subsection are not refundable. Except as
provided under par. (b), license fees are based on the dairy plant's milk
receipts or production during the previous calendar year, regardless of who
operated that dairy plant in the previous calendar year.
(b)
Fees for plants with no milk
receipts or production during previous year. If a dairy plant had no
milk receipts or production during the previous calendar year, license fees
shall be based on projected milk receipts or production during the license year
for which application is made. At the end of that license year, the license
holder shall report the actual milk receipts or production during the license
year, and the department shall determine the appropriate fee, under par. (a),
based on actual receipts or production. If the fee based on actual receipts or
production differs from the fee based on projected receipts or production, the
license holder shall pay the balance due or receive a credit from the
department on the next year's license fee.
(c)
License fee amounts. The
license fee, under par. (a), is $120 plus whichever of the following applies:
1. For a grade A processing plant, a
supplementary license fee of $955 if the plant received more than 2,000,000
pounds of milk from milk producers, or a supplementary license fee of $735 if
the plant received 2,000,000 pounds or less of milk from producers.
2. For a grade B processing plant that
manufactured or processed more than 1,000,000 pounds of dairy products or more
than 200,000 gallons of frozen dairy products, a supplementary license fee of
$400.
3. For a grade A receiving
station, a supplementary license fee of $370.
(9) SURCHARGE AND PAST FEES FOR OPERATING
WITHOUT LICENSE.
(a) An applicant for a dairy
plant license shall pay a license fee surcharge if the department determines
that, within 365 days before submitting the license application, the applicant
operated the dairy plant without a license in violation of sub. (1). The amount
of the surcharge is $100, or $500 if the dairy plant operator procured milk or
fluid milk products from milk producers or their agents.
(b) In addition to paying the license fee
surcharge under par. (a), an applicant who violated sub. (1) shall pay all
fees, set forth in a statement from the department, that are due for the
license year in which the applicant violated sub. (1).
(c) Payment of the license fee surcharge and
past fees, under pars. (a) and (b), does not relieve the applicant of any other
civil or criminal liability that results from the unlicensed operation of a
dairy plant, but does not constitute evidence of any violation of
law.
(10) MILK
PROCUREMENT FEE; MONTHLY PAYMENT.
(a)
Monthly fee required. On or before the 25th day of each month,
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 a milk procurement fee in
the amount specified under par. (b). The monthly fee shall be based on the
amount of milk that was procured by the dairy plant or milk contractor,
directly from milk producers in the month preceding the month when the fee
payment is due, regardless of who procured the milk during that preceding
month.
(b)
Fee
amounts. Milk procurement fees, required under par. (a), are as
follows:
1. For each 100 pounds of grade A
milk procured from milk producers, 1.048 cent.
2. For each 100 pounds of grade B milk
procured from milk producers, 0.2 cent.
(c)
Out-of-state milk
shipments. A milk producer who ships milk to an out-of-state dairy
plant shall pay a monthly milk procurement fee on that milk, as required under
par. (a), in the amount specified under par. (b), unless the operator of that
out-of-state dairy plant voluntarily pays that fee for the milk producer.
(11) REINSPECTION FEES.
(a)
Dairy plant to pay reinspection
fee for milk producer. 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 dairy farm reinspection fee under this section for a milk producer if, at
the time of a reinspection, the producer was assigned to that operator for
licensing purposes under s.
ATCP 65.02. The department may issue a statement of
reinspection fees payable by a dairy plant operator and may demand payment from
the dairy plant operator when it issues an application form for the renewal of
the dairy plant operator's license under s.
97.20,
Stats.
(b)
Fee
amounts. The reinspection fee required, under par. (a), includes, for
each reinspection, a basic reinspection fee of $60 plus a supplementary
reinspection fee as follows:
1. For a grade A
processing plant, a supplementary reinspection fee of $240 if the plant
received more than 2,000,000 pounds of milk from milk producers during the
previous calendar year, or a supplementary reinspection fee of $190 if the
plant received 2,000,000 pounds or less of milk from milk producers during the
previous calendar year.
2. For a
grade B processing plant, a supplementary reinspection fee of $210.
3. For a grade A receiving station, a
supplementary reinspection fee of $90.
(12) DAIRY PRODUCT GRADING FEE.
(a) A person applying for a license to
produce gradable butter, for which grading is required under s.
97.176,
Stats., or cheese at a grade B dairy plant shall pay an annual grading fee
under s.
97.177,
Stats.
(b) The grading fee, under
par. (a), is 1.35 cents per 100 pounds of butter and cheese for which grading
is required under s.
97.176 or
97.177,
Stats., and that is produced at the dairy plant by any operator during the
previous calendar year. If the dairy plant was not in operation during the
previous calendar year, the license applicant shall pay a grading fee based on
estimated production for the calendar year in which the application is made. At
the end of the license year, the license holder shall report the actual
calendar year production, and the department shall re-calculate the grading fee
based on that actual production. If the grading fee based on actual production
differs from the fee based on estimated production, the license holder shall
pay the balance due or receive a credit from the department on the next year's
grading fee.
(c) For purposes of
this subsection, ungraded cheese in 55 gallon metal or fiber barrels shall not
be graded.
(13) DAIRY
TRADE PRACTICES FEE; MONTHLY PAYMENTS. A dairy plant operator shall pay a
monthly dairy trade practice fee if required under s.
100.201(6),
Stats.
Note: A dairy plant operator is required to
pay a monthly dairy trade practice fee under s.
100.201(6),
Stats., if the operator sells milk, fluid milk products, ice cream, or other
frozen desserts at wholesale or retail, in consumer package form, to persons in
this state.
(14) GRADE A
PERMIT REQUIRED.
(a) Except as provided under
sub. (15), no person operating a dairy plant at which milk or fluid milk
products are received, transferred, or processed may sell or distribute that
milk or those fluid milk products as grade A milk or grade A milk products
unless that person holds a valid grade A dairy plant permit issued by the
department for that dairy plant. If a grade A receiving station or transfer
station is operated at the same location as a grade B processing plant, a grade
A permit is required for that receiving station or transfer station.
(b) A grade A dairy plant permit expires on
April 30 annually and is not transferable between persons or locations. A grade
A dairy plant permit may be issued in the form of an endorsement on a dairy
plant license under sub. (1).
(15) GRADE A PERMIT EXEMPTIONS. A grade A
permit is not required, under sub. (14), for any of the following:
(a) A grade A receiving station or transfer
station operated at the same location, and by the same person, as a grade A
processing plant covered by a permit under sub. (14).
(b) A grade A transfer station operated at
the same location, and by the same person, as a grade A receiving station
covered by a permit under sub. (14).
(16) GRADE A PERMIT APPLICATION. An
application for a grade A dairy plant permit shall be made on a form provided
by the department. A grade A permit application may be made in conjunction with
a dairy plant license application under sub. (2).
(17) SURCHARGE FOR OPERATING WITHOUT A GRADE
A PERMIT. An applicant for a grade A dairy plant permit shall pay a permit
surcharge of $100 if the department determines that, within 365 days before
submitting the permit application, the applicant operated the dairy plant as a
grade A dairy plant without a grade A permit in violation of sub. (14). Payment
of the surcharge does not relieve the applicant of any other civil or criminal
liability that results from the operation of a grade A dairy plant without a
grade A permit, but does not constitute evidence of any violation of
law.
(18) ACTION ON GRADE A PERMIT
APPLICATION; DEADLINE. The department shall grant or deny a permit application,
under sub. (16), within 40 days after the department receives a complete
application or before the expiration of any temporary permit issued under sub.
(19), whichever occurs later.
(19)
TEMPORARY GRADE A PERMIT. The department may issue a temporary grade A permit
to an applicant, under sub. (16), pending final action on that person's permit
application. A temporary permit may be issued for a period of not more than 40
days and may not exceed the term of the dairy plant license or temporary
license. If the department denies a permit application before the term of the
temporary permit expires, the temporary permit is automatically terminated when
the applicant receives notice of the denial. The department may not issue a
temporary permit in response to a permit renewal application by the holder of
an existing permit.
(20)
PREREQUISITES FOR GRADE A PERMIT. The department may not issue or renew a grade
A dairy plant permit, or issue a temporary permit under sub. (19), unless all
of the following conditions are met:
(a) The
permit applicant holds a dairy plant license under this section or the
department issues the permit and license simultaneously. The department may
issue a temporary grade A permit, under sub. (19), to an applicant holding a
temporary dairy plant license under sub. (5) or may issue the temporary permit
and temporary license simultaneously.
(b) The division inspects the dairy plant if
the dairy plant is not currently covered by a grade A dairy plant
permit.
(c) The applicant pays any
surcharge, set forth in a statement from the department, which is due and
payable by the applicant under sub. (9). The department shall refund a
surcharge paid under protest if the department determines that the surcharge
was not due and payable under sub. (9).
(21) GRADE A STANDARDS. A grade A dairy plant
shall comply with standards applicable to the receipt, testing, transfer,
processing, and distribution of grade A milk and grade A milk products under
this chapter. A grade A dairy plant may not receive, transfer, or process grade
B milk unless the receipt, transfer, or processing is authorized by the
division in writing.
