ATCP 60.28(3)(a)(a) A milk producer whose grade A farm permit is suspended under
sub. (2) may file a written request for reinstatement with the department. The reinstatement request shall be made on a form provided by the department under
s. ATCP 60.29 (4). Within 7 days after the department receives the reinstatement request, the department shall inspect the producer's dairy farm in response to the reinstatement request. The department shall charge a reinspection fee for the inspection, pursuant to
s. ATCP 60.04. If, upon inspection, it appears that all violations cited in the suspension notice have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.
ATCP 60.28(3)(b)
(b) If a milk producer does not request reinstatement under
par. (a) within 6 months after a producer's grade A permit is suspended under
sub. (2), the grade A permit is automatically revoked at the end of the 6 month period. Once revoked, the permit may not be reinstated except upon the filing of a new application under
s. ATCP 60.03. Written notice to this effect shall be provided to the producer at the time of revocation. This paragraph does not apply if the suspension of the producer's grade A permit has been contested, and the contested case proceedings are still pending.
ATCP 60.28 Note
Note: Subsection (3) does not prohibit the food safety division from summarily suspending a milk producer's license and grade A permit under s.
ATCP 60.25 without prior warning if the food division determines that any of the circumstances identified under s.
ATCP 60.25 (2) exist.
ATCP 60.28 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 01-125: am. (1) and (2);
Register December 2002 No. 564, eff. 1-1-03.
ATCP 60.29
ATCP 60.29
Suspension notice; requirements. Whenever the food safety division suspends a milk producer license under
s. ATCP 60.25 (2), or a grade A farm permit under
s. ATCP 60.27 or
60.28, the suspension notice shall comply with the following requirements:
ATCP 60.29(1)
(1) Issued by authorized person. A suspension notice shall be issued by one of the following:
ATCP 60.29(1)(b)
(b) A person that the food safety division administrator designates in writing, by name or position.
ATCP 60.29(2)
(2) Reason for suspension. A suspension notice shall specify the reasons for which the suspension notice is issued.
ATCP 60.29(3)
(3) Term of suspension; reinstatement requirement. A suspension notice shall indicate the term of the suspension or, if the suspension is for an indefinite term, the conditions that the producer must meet in order to obtain reinstatement of the license or grade A permit. Conditions for reinstatement shall be reasonably related to the reasons for which the license or permit is suspended. A summary license suspension notice under
s. ATCP 60.25 (2)
, may authorize a dairy plant operator to receive milk from the suspended producer on a conditional basis, pending full reinstatement of the producer's license, provided that the operator performs specified inspections or tests.
ATCP 60.29(4)
(4) Reinstatement application form. A notice suspending a grade A permit under
s. ATCP 60.27 or
60.28 shall be accompanied by a reinstatement application form which may be used by the affected milk producer to apply for reinstatement of the milk producer's grade A permit. The form shall include a statement, to be signed by the affected milk producer, that all requirements for the reinstatement of the grade A permit have been met to the best of the milk producer's knowledge. If a milk producer requests a hearing on a suspension under
s. ATCP 60.31, a request for reinstatement under this subsection does not constitute an admission or waiver by the milk producer with respect to any fact, issue or cause of action.
ATCP 60.29(5)
(5) Notice of right to hearing. A suspension notice shall include a notice that the producer may request a hearing on the suspension, as provided under
s. ATCP 60.31.
ATCP 60.29(6)
(6) Service on milk producer. A suspension notice shall be served on the affected milk producer by one of the following methods:
ATCP 60.29(6)(a)
(a) By delivering the notice in person to the milk producer, or to a competent member of the milk producer's family who is 14 years of age or older.
ATCP 60.29(6)(b)
(b) By mailing the notice to the milk producer. Service may be proved by an affidavit of mailing, or by a return receipt signed by the milk producer. Absent proof of later delivery, a notice served by mail is considered served 3 days after the date of mailing.
ATCP 60.29(6)(c)
(c) For a notice suspending a grade A permit under
s. ATCP 60.28, by posting the suspension notice in a prominent location in the producer's milkhouse. A notice posted in the milkhouse under this paragraph is considered served at the time of posting.
ATCP 60.29(7)
(7) Copy provided to dairy plant operator. A copy of every suspension notice shall be mailed or delivered to the dairy plant operator who normally receives milk from the milk producer. Failure to mail or deliver a copy to the dairy plant operator does not invalidate a suspension notice.
ATCP 60.29 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 01-125: am. (intro.) and (3), r. and recr (1),
Register December 2002 No. 564, eff. 1-1-03.
ATCP 60.30
ATCP 60.30
Holding orders; identification and disposal of adulterated milk. ATCP 60.30(1)
(1)
Holding order. Whenever a food safety division inspector has reasonable cause to believe that milk or a milk product examined by the inspector is adulterated or misbranded, and is hazardous to health or misleading to the potential damage or injury of a purchaser or consumer, the inspector may issue a temporary holding order to allow for further testing or examination of the milk or milk product, pursuant to s.
97.12 (2), Stats. A holding order shall be in writing, and shall identify the milk or milk product that is subject to the holding order. The food safety division may extend or terminate a holding order by written notice, as provided in s.
97.12 (2), Stats. A notice extending a holding order shall be signed by the division administrator, or a person authorized in writing by the division administrator. A holding order and every notice extending a holding order shall include a notice of the recipient's right to hearing under
s. ATCP 60.31.
ATCP 60.30(2)
(2) Disposal order. If analysis or examination shows that milk or a milk product is adulterated or misbranded, and is hazardous to health or misleading to the potential damage or injury of a purchaser or consumer, the food safety division may issue a summary disposal order under s.
97.12 (2) (c), Stats., requiring the disposal or other disposition of the milk or milk product. A disposal order may be issued by the inspector who examines the milk, or by the food safety division administrator, or by a person whom the administrator designates in writing. Where appropriate, an order may require relabeling of misbranded milk in lieu of disposal. A holding order under
sub. (1) is not a prerequisite to a disposal order under this subsection. A disposal order shall be issued in writing, and shall include a notice of the recipient's right to hearing under
s. ATCP 60.31.
ATCP 60.30(3)
(3) Identification of adulterated milk. If milk is found to be adulterated and hazardous to health, a department inspector may identify the milk for disposal or disposition in compliance with a notice under
sub. (2). To identify the adulterated milk, the inspector may tag the milk container, and may add a harmless food grade color to the milk to prevent its sale or use for human food purposes.
ATCP 60.30 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 01-125: am. (1) and (2),
Register, December 2002 No. 564, eff. 1-1-03.
ATCP 60.31(1)(1)
Hearing request.. A person adversely affected by any of the following food safety division actions may ask the department to hold a hearing on that action:
ATCP 60.31(2)
(2) Form and timing of request; effect pending hearings. A person requesting a hearing under
sub. (1) shall make that request, in writing, within 10 days after the milk producer receives notice of the division action. A request for hearing does not stay the effect of any action under this chapter. The filing deadline under this subsection is waived if the department fails to give the producer timely written notice of the filing deadline.
ATCP 60.31(3)(a)(a) Whenever the department receives a hearing request under
sub. (2), the department shall conduct a prompt informal hearing on the contested action. The hearing shall be conducted by a department employee or official who was not personally involved in the investigation or decision to take the contested action, and who has authority to withdraw or correct the action as necessary. The food safety division shall conduct the informal hearing unless the contested action was taken by the division administrator. The department shall hold the informal hearing within 10 business days after it receives the hearing request under
sub. (2), unless the person requesting the hearing agrees to a later date. The department shall hold the informal hearing by telephone or at the department's regional office.
ATCP 60.31(3)(b)
(b) The issue for hearing under
par. (a) shall be limited to whether the food safety division had adequate grounds for the contested action. Within 2 business days after the conclusion of the informal hearing, the presiding officer shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person who requested the hearing. The memorandum shall include notice of the person's right to request a full evidentiary hearing under
sub. (4).
ATCP 60.31(4)
(4) Full evidentiary hearing. If a person adversely affected by a food safety division action files a timely written request for hearing under
subs. (1) and
(2), and if the matter is not resolved by an informal hearing under
sub. (3), the person may request a full evidentiary hearing before the department, pursuant to
ch. 227, Stats., and
ch. ATCP 1. The person shall make the hearing request within 10 days after the officer presiding at the informal hearing issues the written memorandum under
sub. (3) (b) summarizing that informal hearing. A full evidentiary hearing, if any, shall be held before an administrative law judge appointed by the secretary. A request for a full evidentiary hearing does not stay any action under this chapter.
ATCP 60.31 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; r.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-125: am. (1) (intro.) and (2) to (4),
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (4),
Register January 2008 No. 625, eff. 2-1-08.
