Current through August 26, 2024
(1) LICENSE
REQUIRED. Except as provided under sub. (11), no person may operate a food
processing plant without a valid license issued by the department for that food
processing plant under s.
97.29,
Stats. A food processing plant license expires on March 31 annually. A license
is not transferable between persons or food processing plants.
(2) LICENSE APPLICATION. Application for an
annual license to operate a food processing plant shall be made on a form
provided by the department. The application shall include applicable fees
required under this section.
(3)
ANNUAL LICENSE FEE. An applicant for a license to operate a food processing
plant shall pay an annual license fee. Except as provided in sub. (4), the fee
amount is as follows:
(a) For operating a
food processing plant that has an annual production of at least $25,000 but
less than $250,000, and the operator is engaged in processing potentially
hazardous food or in canning, an annual license fee of $400.
(b) For operating a food processing plant
that has an annual production of at least $250,000, and the operator is engaged
in processing potentially hazardous food or in canning, an annual license fee
of $835.
(c) For operating a food
processing plant that has an annual production of at least $25,000 but less
than $250,000, and the operator is not engaged in processing potentially
hazardous food or in canning, an annual license fee of $160.
(d) For operating a food processing plant
that has an annual production of at least $250,000, and the operator is not
engaged in processing potentially hazardous food or in canning, an annual
license fee of $520.
(e) For
operating a food processing plant that has an annual production of less than
$25,000, an annual license fee of $95.
(4) CANNING OPERATIONS; LICENSE FEE
SURCHARGE. If an operator of a food processing plant is engaged in canning
operations and has annual food sales of more than $25,000, the operator shall
pay an annual license fee surcharge of $320, which shall be added to the
license fee under sub. (3).
(5)
SURCHARGE FOR OPERATING WITHOUT A LICENSE. An applicant for a license under
sub. (1) shall pay a license fee surcharge of $100 if the department determines
that, within one year prior to submitting the license application, the
applicant operated the food processing plant without a license in violation of
sub. (1). Payment of this license fee surcharge does not relieve the applicant
of any other civil or criminal liability which results from the unlicensed
operation of the food processing plant, but does not constitute evidence of a
violation of any law.
(6)
REINSPECTION FEE.
(a) If the department
reinspects a food processing plant because the department has found a violation
of ch. 97, Stats., or this chapter, on a regular inspection, the department
shall charge the licensee the reinspection fee specified under par. (b). A
reinspection fee is payable when the reinspection is completed, and is due upon
written demand from the department. The department may issue a demand for
payment when it issues a license renewal application form to a
licensee.
(b) The reinspection fee
required under par. (a) is as follows:
1. For
a license holder of a food processing plant that has an annual production of
less than $250,000, and the license holder is engaged in processing potentially
hazardous food or in canning, the reinspection fee is $255.
2. For a license holder of a food processing
plant that has an annual production of at least $250,000, and the license
holder is engaged in processing potentially hazardous food or in canning, the
reinspection fee is $525.
3. For a
license holder of a food processing plant that has an annual production of less
than $250,000, and the license holder is not engaged in processing potentially
hazardous food or in canning, the reinspection fee is $150.
4. For a license holder of a food processing
plant that has an annual production of $250,000 or more, and the license holder
is not engaged in processing potentially hazardous food or in canning, the
reinspection fee is $490.
5. For a
license of a food processing plant that has an annual production of less than
$25,000, the reinspection fee is $60.
(7) ACTION ON LICENSE APPLICATION. The
department shall grant or deny a license application within 30 business days
after the department receives a complete application. If the department denies
the license application, the department shall notify the applicant, in writing,
of the reasons for the denial. Except as provided under sub. (9), the
department may conditionally grant a license application by issuing a temporary
license under sub. (8).
(8)
TEMPORARY LICENSE.
(a) The department may
issue a temporary license, for a period not to exceed 40 business days, pending
final action on an application for an annual food processing plant license. The
department shall grant or deny the annual license application before the
temporary license expires. If the department denies an annual 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 may not procure raw agricultural products as defined in s.
97.01(14),
Stats., from producers, except as specifically authorized by the department in
writing. The department may not authorize an operator to procure farm products
from producers unless the operator complies with subch. VI of ch. 126,
Stats.
(c) The holder of a
temporary license acquires no license rights beyond those conferred by the
temporary license. A temporary license may not be issued in response to a
renewal application by the holder of an existing license.
(9) PRE-LICENSE INSPECTION. The department
may inspect a food processing plant, as the department deems necessary, before
issuing a license to operate the food processing plant. The department may not
issue a license or temporary license to operate a new food processing plant
until the department inspects the new food processing plant for compliance with
this chapter. A previously licensed food processing plant may not be considered
a new food processing plant under this subsection solely because of a change of
ownership.
(10) DENIAL, SUSPENSION,
OR REVOCATION OF LICENSE; CONDITIONAL LICENSE. The department may deny,
suspend, or revoke a license, or impose conditions on a license as provided
under s.
93.06(7) and (8), Stats. Except as otherwise provided by
statute or rule, the suspension or revocation of a license shall comply with
the prior notice requirements of s.
227.51, Stats.
(11) LICENSE EXEMPTIONS. A license to operate
a food processing plant is not required under s.
97.29,
Stats., or this section for:
(a) An operator
of a retail food establishment engaged in food processing if all of the
following apply:
1. The operator is licensed
by the department under s.
97.30,
Stats., or by an agent, as defined in s.
ATCP 74.01(1) under ss.
97.30 and
97.41,
Stats.
2. Wholesale receipts from
food processing operations at the retail food establishment comprise no more
than 25% of gross annual food sales from the retail food establishment. If the
operator of a licensed retail food establishment is also licensed to operate a
dairy plant under s.
97.20, Stats., or to
operate a meat establishment under s.
97.42,
Stats., sales of dairy or meat and poultry products processed at the
establishment shall be excluded from the calculation of food sales receipts
under this subdivision.
3. The
operator is not engaged in canning of food products at the retail food
establishment.
4. The operator may
move food between retail food establishments licensed to the same
operator.
(b) A license
holder under s.
97.605,
Stats., operating a retail food establishment serving meals, if all of the
following apply:
1. The operator does not
process food for wholesale distribution in excess of 25% of total food sales
and is not engaged in canning of food products. The operator may brew fermented
malt beverages at the retail food establishment serving meals under the
provisions in s.
125.295,
Stats.
2. The operator of the
retail food establishment is licensed and exempt from licensing as a food
processing plant under par. (a).
(c) Food processing operations conducted at a
dairy plant licensed under s.
97.20, Stats., if
both of the following apply:
1. Receipts from
non-dairy food processing operations at that location comprise no more than 25%
of gross annual dairy and non-dairy food sales from that location.
2. The operator of the dairy plant is not
engaged in canning foods other than dairy products, or the processing of
fish.
(d) Food
processing operations conducted at a meat establishment, by the operator of the
meat establishment, if all of the following apply:
1. The operator of the meat establishment is
licensed under s.
97.42,
Stats., or inspected under
21
USC 601 et seq. or
21 USC
451 et seq.
2. The operator is also licensed at the meat
establishment to operate a retail food establishment under s.
97.30,
Stats., and not engaged in the canning of food products other than meat or
poultry products canned under s.
97.42,
Stats., or the production of cold-smoked fish or fishery products.
(e) The processing of maple sap to
produce maple syrup or concentrated maple sap if all of the following apply:
1. The processor sells the maple syrup or
concentrated maple sap only to other processors for further
processing.
2. The processor's
combined gross receipts from all sales under subd. 1. during the license year
total less than $5,000.
3. The
processor keeps a written record of every sale under subd. 1., retains that
record for at least 2 years, and makes the record available for inspection and
copying by the department upon request. The record shall include the name and
address of the purchasing processor, the date of sale, the amount of maple
syrup or concentrated maple sap sold, and the sale price.
4. The processor registers with the
department before engaging in any processing activities under this paragraph in
any license year ending March 31. A registration expires at the end of the
license year. A processor shall register in writing on a form provided by the
department, or shall register online at
http://datcp.wi.gov. The registration shall
include information reasonably required by the department, including the
registrant's name and address and information related to the nature, location,
and scope of the registrant's processing activities and product sales. There is
no fee to register, and the registrant is not required to hold a registration
certificate from the department.
Note: A registration form under subd. 4. may
be obtained by contacting the department at the following address:
Department of Agriculture, Trade and Consumer
Protection
Division of Food and Recreational Safety
P.O. Box 8911
Madison, WI 53708
(f) The operator of a licensed food warehouse
under s.
97.27, Stats., at
which one or more of the following activities are the only food processing
activities performed:
1. Reshipping marine
molluscan shellfish, provided that the licensed warehouse operator holds a
licensee dealer certification as required by the U.S. food and drug
administration's Guide for the Control of Molluscan Shellfish, The
Model Ordinance, that annual inventory value of molluscan shellfish
reshipped at the licensed warehouse does not exceed 25% of the gross annual
inventory value of the food warehouse, and the licensed food warehouse meets
all of the applicable requirements of subch. IV of ch. ATCP 70.
2. Packing food items that are already
packaged and labeled for retail sale into containers for further
distribution.
3. Combining 2 or
more food items that are already individually packaged and labeled for retail
sale into a combination package for retail sale, if the label on each
individual item inside the combination package remains visible or if the
package of combined items is labeled for retail sale. All packaging and labels
shall comply with s.
ATCP 70.26.
4.
Manufacturing ice for use in the shipment of foods, or to cool or keep foods
cold while in transit or stored in the warehouse. Ice used for this purpose
must meet the standards in s.
ATCP 70.20(8). Ice must be made on site in
a commercial ice machine and may not be bagged, distributed or sold separately
from food items that it is used to cool.
