Waukesha, WI 53188
Video Conference Hearing
June 17, 2005
11:00 a.m. 1:00 p.m.
At the following sites:
Main Broadcast Center
Madison
UW Pyle Center
Room 227
702 Langdon Street
Madison, WI 53706
Green Bay
Green Bay State Office Building
Room 618
200 N. Jefferson St.
Green Bay, WI 54301
Monroe
Monroe High School
Distance Learning Lab - B01
Use Gymnasium Entrance
1600 26th St
Monroe, WI 53566
La Crosse
La Crosse State Office Building
Dept of Transportation
Room B29
3550 Mormon Coulee Rd.
La Crosse, WI 54601
Wausau
UW Marathon County -Wausau
Distance Education & Instructional Technology
Room 218
518 South 7th Avenue
Wausau, WI 54401
Background Summary
This rule increases current license and reinspection fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water-testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders. This rule increases fees beginning in 2006.
This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin's dairy and food safety program. The program is funded, in part, by dairy and food license fees. This rule modifies current license fees. It also provides a mechanism and criteria for future license fee adjustments.
Rulemaking Authority
Statutory authority: 93.07 (1), 93.09 (10), 93.12 (7), 97.17 (4), 97.175 (2), 97.20 (2c) (b), (2g) (b), (2n) (b), (2w) and (4), 97.21 (4m) and (6), 97.22 (2) (b), (4) (am) and (8), 97.27 (3m) and (5), 97.29 (3) (am), (cm) and (5), 97.30 (3m) and (5), and 98.146 (4), Stats.
Statutes interpreted: 93.09, 93.12, 97.17, 97.175, 97.20, 97.21, 97.22, 97.27, 97.29, 97.30 and 98.146 (4), Stats.
Rule Content
General
This rule increases current license and reinspection fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders. This rule increases fees beginning in 2006.
This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.
Initial Fee Increase
DATCP currently licenses certain businesses that produce, process or handle dairy or food products. These businesses must pay license fees and comply with food safety and labeling laws administered by DATCP. License fees pay for part of DATCP's food safety and labeling program. DATCP may adjust most license fees by rule. This rule increases current license and reinspection fees as follows:
Entity Current Fee(s) Proposed Fee(s)
Dairy Farm $20 annual license fee $24
(paid by dairy plant operator)
$20 or $40 reinspection fee $24 or $48
(paid by dairy plant operator
if reinspection is required)
Dairy Plant Annual license fee (calculations include an increase in the basic license fee from $80 to $96):
$580 or $730 for grade A $699 or $879
processing plant (based on size)
$330 for grade A receiving station $397
$80 for grade A transfer station $96
$80 to $350 for grade B
processing plant $96 or $421
(based on size)
$80 for grade B receiving station $96
or transfer station
Grade A milk procurement fee:
0.6 cent per 100 lbs. 0.96 cent per 100 lbs.
Grade B milk procurement fee
0.2 cent per 100 lbs. No change
Reinspection fee:
$165 or $200 for grade A $203 or $246
processing plant
$180 for grade B processing plant $221
$100 for grade A receiving station $123
$60 for grade A transfer state $ 74
$40 for grade B receiving station, $48
or transfer station
Butter and cheese grading fee:
1.09 cents per 100 lbs. of product No change
Food Processing
Plant $60-$525 annual license fee $78 - $685
(based on size and type)
$200 surcharge for canning $261
