ATCP 65.02(8)(a)
(a) The dairy plant operator, on behalf of the milk producer, makes that milk into dairy products.
ATCP 65.02(8)(b)
(b) The milk producer retains title to that milk and to all of the dairy products made from that milk.
ATCP 65.02(8)(c)
(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.
ATCP 65.02(8)(d)
(d) The dairy plant operator does not commingle milk produced by that milk producer with other milk.
ATCP 65.02(8)(e)
(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.
ATCP 65.02(8)(f)
(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.
ATCP 65.02(8)(g)
(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.
ATCP 65.02(8)(h)
(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.
ATCP 65.02(8)(i)
(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.
ATCP 65.02(8)(j)
(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.
ATCP 65.02(8)(k)
(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.
ATCP 65.02(9)(a)(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.
ATCP 65.02(9)(b)
(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.
ATCP 65.02(9)(c)
(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.
ATCP 65.02(10)
(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.
ATCP 65.02(11)
(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.
ATCP 65.02(12)
(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.
ATCP 65.02(13)(a)(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.
ATCP 65.02(13)(b)
(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:
ATCP 65.02(14)
(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.
ATCP 65.02(15)
(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.
ATCP 65.02(16)
(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:
ATCP 65.02(16)(a)
(a) The operator begins receiving milk shipments from a grade A producer who has previously shipped milk to another operator.
ATCP 65.02(16)(b)
(b) A grade A producer is re-assigned, for permit purposes under this section, to that dairy plant operator.
ATCP 65.02 Note
Note: No new grade A producer permit is necessary when a producer transfers to a different dairy plant.
ATCP 65.02(17)
(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.
ATCP 65.02(18)
(18) Temporary discontinuation of grade A milk shipments. ATCP 65.02(18)(a)(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.
ATCP 65.02(18)(b)
(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.
ATCP 65.02(19)
(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.
ATCP 65.02(20)
(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.
ATCP 65.02(21)
(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.
ATCP 65.02 History
History: CR 14-073: cr.
Register August 2016 No. 728, eff. 9-1-16; correction in (21) made under s.
35.17, Stats.,
Register August 2016 No. 728.
ATCP 65.04
ATCP 65.04
Dairy plant licenses and permits; fees. ATCP 65.04(1)(a)
(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.
ATCP 65.04 Note
Note: See ss.
97.20, and
126.40, Stats.
ATCP 65.04(1)(b)
(b)
License exemptions. A dairy plant license is not required, under par.
(a), for any of the following:
ATCP 65.04(1)(b)1.
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.
ATCP 65.04(1)(b)2.
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.
ATCP 65.04(1)(b)3.
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.
ATCP 65.04(1)(b)4.
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).
ATCP 65.04(1)(b)5.
5. A milk transfer station operated at the same location, and by the same person, as a milk receiving station licensed under sub.
(1).
ATCP 65.04(2)
(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:
ATCP 65.04(2)(a)
(a) The correct legal name of the dairy plant operator and any trade name used by the operator.
ATCP 65.04(2)(b)
(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.
ATCP 65.04(2)(c)
(c) A statement indicating whether the dairy plant is a processing plant, receiving station, or transfer station.
ATCP 65.04(2)(d)
(d) A description of the processing operations, if any, conducted at the dairy plant.
ATCP 65.04(3)
(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.
ATCP 65.04(4)
(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:
ATCP 65.04(4)(a)
(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.
ATCP 65.04(4)(b)
(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.
ATCP 65.04(4)(c)
(c) The division has inspected the dairy plant under sub.
(6) (b) if the dairy plant is not currently licensed.
ATCP 65.04(5)(a)
(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.
ATCP 65.04(5)(b)
(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.
ATCP 65.04(5)(c)
(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.
ATCP 65.04(6)(a)
(a) The division may inspect a dairy plant, as the department deems necessary, before issuing a license for that dairy plant.
ATCP 65.04(6)(b)
(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.
ATCP 65.04 Note
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.
ATCP 65.04(7)
(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):
ATCP 65.04(7)(e)
(e) Multi-ingredient dried dairy products blended at the dairy plant.
ATCP 65.04(8)(a)(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.
ATCP 65.04(8)(b)
(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.
ATCP 65.04(8)(c)
(c)
License fee amounts. The license fee, under par.
(a), is $120 plus whichever of the following applies:
ATCP 65.04(8)(c)1.
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.
ATCP 65.04(8)(c)2.
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.
ATCP 65.04(8)(c)3.
3. For a grade A receiving station, a supplementary license fee of $370.
ATCP 65.04(9)
(9) Surcharge and past fees for operating without license. ATCP 65.04(9)(a)(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.
ATCP 65.04(9)(b)
(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).
ATCP 65.04(9)(c)
(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.
ATCP 65.04(10)(a)(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.
ATCP 65.04(10)(b)1.
1. For each 100 pounds of grade A milk procured from milk producers, 1.048 cent.
ATCP 65.04(10)(b)2.
2. For each 100 pounds of grade B milk procured from milk producers, 0.2 cent.
