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)(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(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(5)(5) Temporary license.

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)(6) Pre-license inspection.

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 NoteNote: 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):