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(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)(b) Fee amounts. Milk procurement fees, required under par. (a), are as follows:

ATCP 65.04(10)(c)(c) Out-of-state milk shipments. A milk producer who ships milk to an out-of-state dairy plant shall pay a monthly milk procurement fee on that milk, as required under par. (a), in the amount specified under par. (b), unless the operator of that out-of-state dairy plant voluntarily pays that fee for the milk producer.

ATCP 65.04(11)(a)(a) Dairy plant to pay reinspection fee for milk producer. 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 the dairy farm reinspection fee under this section for a milk producer if, at the time of a reinspection, the producer was assigned to that operator for licensing purposes under s. ATCP 65.02. The department may issue a statement of reinspection fees payable by a dairy plant operator and may demand payment from the dairy plant operator when it issues an application form for the renewal of the dairy plant operator’s license under s. 97.20, Stats.

ATCP 65.04(11)(b)(b) Fee amounts. The reinspection fee required, under par. (a), includes, for each reinspection, a basic reinspection fee of $60 plus a supplementary reinspection fee as follows:

ATCP 65.04(11)(b)1.1. For a grade A processing plant, a supplementary reinspection fee of $240 if the plant received more than 2,000,000 pounds of milk from milk producers during the previous calendar year, or a supplementary reinspection fee of $190 if the plant received 2,000,000 pounds or less of milk from milk producers during the previous calendar year.

ATCP 65.04(12)(a)(a) A person applying for a license to produce gradable butter, for which grading is required under s. 97.176, Stats., or cheese at a grade B dairy plant shall pay an annual grading fee under s. 97.177, Stats.

ATCP 65.04(12)(b)(b) The grading fee, under par. (a), is 1.35 cents per 100 pounds of butter and cheese for which grading is required under s. 97.176 or 97.177, Stats., and that is produced at the dairy plant by any operator during the previous calendar year. If the dairy plant was not in operation during the previous calendar year, the license applicant shall pay a grading fee based on estimated production for the calendar year in which the application is made. At the end of the license year, the license holder shall report the actual calendar year production, and the department shall re-calculate the grading fee based on that actual production. If the grading fee based on actual production differs from the fee based on estimated production, the license holder shall pay the balance due or receive a credit from the department on the next year’s grading fee.

ATCP 65.04(12)(c)(c) For purposes of this subsection, ungraded cheese in 55 gallon metal or fiber barrels shall not be graded.

ATCP 65.04 NoteNote: A dairy plant operator is required to pay a monthly dairy trade practice fee under s. 100.201 (6), Stats., if the operator sells milk, fluid milk products, ice cream, or other frozen desserts at wholesale or retail, in consumer package form, to persons in this state.

ATCP 65.04(14)(a)(a) Except as provided under sub. (15), no person operating a dairy plant at which milk or fluid milk products are received, transferred, or processed may sell or distribute that milk or those fluid milk products as grade A milk or grade A milk products unless that person holds a valid grade A dairy plant permit issued by the department for that dairy plant. If a grade A receiving station or transfer station is operated at the same location as a grade B processing plant, a grade A permit is required for that receiving station or transfer station.

ATCP 65.04(14)(b)(b) A grade A dairy plant permit expires on April 30 annually and is not transferable between persons or locations. A grade A dairy plant permit may be issued in the form of an endorsement on a dairy plant license under sub. (1).

ATCP 65.04(15)(a)(a) A grade A receiving station or transfer station operated at the same location, and by the same person, as a grade A processing plant covered by a permit under sub. (14).