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 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): 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.