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(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 HistoryHistory: 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(1)(1) Dairy plant license required.

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(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(1)(b)6.6. A food processing plant licensed, under s. 97.29, Stats., that meets the requirements of s. 97.20 (2) (e) 5., Stats.

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: