Register April 2008 No. 628
Chapter ATCP 82
Bulk milk tanker; license; grade A permit.
Bulk milk weigher and sampler; license.
Bulk milk tankers; construction and maintenance.
Cleaning and sanitizing bulk milk containers.
Collecting milk from dairy farms.
Milk samples for testing.
Delivering milk to dairy plant.
False samples or records.
Ch. ATCP 82 Note
See also ch. ATCP 60
(Dairy Farms) and ch. ATCP 80
In this chapter:
"Bulk milk tanker" means a mobile bulk container used to transport milk, fluid milk products, whey or whey cream in bulk from a dairy farm, or to or from a dairy plant in this state. "Bulk milk tanker" includes a mobile bulk container which is permanently mounted on a motor vehicle or which is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the mobile bulk container. "Bulk milk tanker" does not include a mobile bulk container which is used by a milk producer solely to transport that producer's own milk.
"Bulk milk tanker cleaning facility" means a facility where a bulk milk tanker or its appurtenances are cleaned and sanitized.
"Bulk tank" means a permanent or semi-permanent tank or container used to receive, cool or store bulk quantities of milk on a dairy farm. "Bulk tank" does not include milk cans.
"Dairy farm" means any place where one or more milking animals are kept for the production of milk.
"Dairy plant" means any place where a dairy product is manufactured or processed for sale or distribution as human food, and includes a receiving station or transfer station.
"Milk" means the lacteal secretion of milking animals and includes skim milk and cream.
"Milk hauler" means any person who collects milk at a dairy farm.
"Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
Other hooved animals whose milk is collected and distributed for human consumption.
"Processing plant" means a dairy plant engaged in pasteurizing, processing or manufacturing milk or dairy products.
"Receiving station" means a facility which is designed for the receipt and bulk storage of milk, and which is used to receive or store milk in bulk. "Receiving station" does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.
"Transfer station" means a facility designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.
ATCP 82.01 History
Cr. Register, November, 1994, No. 467
, eff. 12-1-94; CR 07-006
: cr. (1m) and (7m), am. (3) and (5), Register January 2008 No. 625
, eff. 2-1-08.
Bulk milk tanker; license; grade A permit. ATCP 82.02(1)(a)(a)
Except as provided under par. (b)
, no person may operate a bulk milk tanker in this state without a valid license issued by the department for that bulk milk tanker. A license expires on April 30 annually and is not transferable between persons or bulk milk tankers.
ATCP 82.02 Note
See s. 97.21
(b) Paragraph (a)
does not apply to a person who drives a bulk milk tanker vehicle solely as an employee of a person who holds a license under par. (a)
for that bulk milk tanker.
(2) License application.
An application for a license under sub. (1)
shall be made on a form provided by the department. The application shall include all of the following:
A description of the bulk milk tanker including make, serial number and capacity.
The city, village or town, and state in which the bulk milk tanker is customarily kept.
Any other information which the department reasonably requires for identification and licensing of the bulk milk tanker.
The department shall grant or deny a license application under sub. (2)
within 40 days after the department receives a complete application.
The department shall not issue or renew a license until the applicant has paid all applicable 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 paid under protest if, upon review, the department determines that the fee is not due and payable.
(4) License fee.
An applicant for a bulk milk tanker license shall pay an annual license fee of $45.
If the department reinspects a bulk milk tanker because the department finds a violation of ch. 97, Stats.
, or this chapter, the department shall charge the bulk milk tanker operator a reinspection fee. The 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 to the bulk milk tanker operator, or at any other time after the fee becomes effective.
An applicant for a bulk milk tanker license shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting the license application, the applicant operated a bulk milk tanker without a license or grade A permit in violation of sub. (1)
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 and payable for the license year in which the applicant violated sub. (1)
Payment of the license fee surcharge and past fees under pars. (a)
does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (1)
, but does not constitute evidence of any violation of law.
Except as provided under par. (c)
, no person may operate a bulk milk tanker to transport milk or milk products for sale or use as grade A milk or grade A fluid milk products unless that person holds a valid grade A permit issued annually for that bulk milk tanker by the department or an equivalent regulatory agency in another state where that bulk milk tanker is normally based. A grade A permit is not transferable between persons or bulk milk tankers. A grade A permit may be issued in the form of an endorsement on a bulk milk tanker license under sub. (1)
An application for a grade A permit under par. (a)
shall be made on a form provided by the department, and may be included with a license application under sub. (2)
. The department shall grant or deny a grade A permit application within 40 days after the department receives a complete application.
(c) Paragraph (a)
does not apply to a person who operates a bulk milk tanker solely as an employee of a person who holds a grade A permit under par. (a)
for that bulk milk tanker.
The holder of a grade A permit under par. (a)
shall display all of the following information, in the manner required under par. (e)
, on both sides of the bulk milk tanker to which the permit applies:
Identification of the state that issued the grade A permit. The state identification may be expressed as the full state name, the official two letter postal code abbreviation for the state, or the national uniform code issued for that state by the National Institute of Standards and Technology, U.S. Department of Commerce, Bureau of the Census, and available online at http://www.itl.nist.gov/fipspubs/