ATCP 70.06(3)(e)(e) For operating a food processing plant that has an annual production of less than $25,000, an annual license fee of $95. ATCP 70.06(4)(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). ATCP 70.06(5)(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. ATCP 70.06(6)(a)(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. ATCP 70.06(6)(b)1.1. 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. ATCP 70.06(6)(b)2.2. 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. ATCP 70.06(6)(b)3.3. 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. ATCP 70.06(6)(b)4.4. 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. ATCP 70.06(6)(b)5.5. For a license of a food processing plant that has an annual production of less than $25,000, the reinspection fee is $60. ATCP 70.06(7)(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). ATCP 70.06(8)(a)(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. ATCP 70.06(8)(b)(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. ATCP 70.06(8)(c)(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. ATCP 70.06(9)(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. ATCP 70.06(10)(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. ATCP 70.06(11)(11) License exemptions. A license to operate a food processing plant is not required under s. 97.29, Stats., or this section for: ATCP 70.06(11)(a)(a) An operator of a retail food establishment engaged in food processing if all of the following apply: ATCP 70.06(11)(a)2.2. 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. ATCP 70.06(11)(a)3.3. The operator is not engaged in canning of food products at the retail food establishment. ATCP 70.06(11)(a)4.4. The operator may move food between retail food establishments licensed to the same operator. ATCP 70.06(11)(b)(b) A license holder under s. 97.605, Stats., operating a retail food establishment serving meals, if all of the following apply: ATCP 70.06(11)(b)1.1. 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. ATCP 70.06(11)(b)2.2. The operator of the retail food establishment is licensed and exempt from licensing as a food processing plant under par. (a). ATCP 70.06(11)(c)(c) Food processing operations conducted at a dairy plant licensed under s. 97.20, Stats., if both of the following apply: ATCP 70.06(11)(c)1.1. 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.