ATCP 161.24(2) (2) Exemption. The fee under sub. (1) does not apply to a person which is a tax exempt organization under the federal internal revenue code, 26 USC 501 (a).
ATCP 161.24(3) (3) Failure to pay. The department may suspend or revoke a permit if the permit holder fails to pay annual user permit fees on a timely basis, and may bring an action to collect unpaid permit fees.
ATCP 161.24 History History: Cr. Register, March, 1993, No. 447, eff. 4-1-93.
ATCP 161.25 ATCP 161.25Products and commodities; eligibility requirements. No person may use the logo on any product or commodity unless the product or commodity meets both of the following requirements:
ATCP 161.25(1) (1)At least 50% of the product's or commodity's value-added is attributable to Wisconsin ingredients, or to Wisconsin production or processing activities.
ATCP 161.25(2) (2)The product or commodity is not an imitation of a product or commodity for which there is a standard of identity established under state or federal law.
ATCP 161.25 History History: Cr. Register, March, 1993, No. 447, eff. 4-1-93.
ATCP 161.26 ATCP 161.26Prohibitions. No person may do any of the following without the department's written permission:
ATCP 161.26(1) (1)Use the logo for a different purpose than that described in the person's permit application under s. ATCP 161.23.
ATCP 161.26(2) (2)Affix the logo to any item other than those described in the person's permit application under s. ATCP 161.23.
ATCP 161.26(3) (3)Alter the logo in any way.
ATCP 161.26 History History: Cr. Register, March, 1993, No. 447, eff. 4-1-93.
subch. IV of ch. ATCP 161 Subchapter IV — “Buy Local" Grant Program
ATCP 161.40 ATCP 161.40Purpose. This subchapter implements the “buy local" grant program created under s. 93.48, Stats.
ATCP 161.40 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.41 ATCP 161.41Definitions. In this subchapter:
ATCP 161.41(1) (1)“Authorized department official" means the department secretary, deputy secretary, or assistant deputy secretary.
ATCP 161.41(2) (2)“Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 161.41(3) (3)“Direct Costs" means costs that can be identified specifically with a particular project, or that can be directly assigned to such activity relatively easily with a high degree of accuracy.
ATCP 161.41(4) (4)“Food product" means an unprocessed commodity or processed product that is used for food or drink by humans. “Food product" includes a food product ingredient.
ATCP 161.41(5) (5)“Grant applicant" means a person who submits a grant proposal under s. ATCP 161.44.
ATCP 161.41(6) (6)“Individual" means a natural person.
ATCP 161.41(7) (7)“Local purchaser" means a person who buys a Wisconsin food product at a retail location near the place where the food product is produced, or for resale at a retail location near the place where the food product is produced.
ATCP 161.41(8) (8)“Person" means an individual, corporation, cooperative, partnership, limited liability company, trust, governmental entity, academic institution, or other legal entity.
ATCP 161.41(9) (9)“Wisconsin food product" means a food product that is one of the following:
ATCP 161.41(9)(a) (a) Grown in this state.
ATCP 161.41(9)(b) (b) Produced from animals kept in this state.
ATCP 161.41(9)(c) (c) Primarily derived from food products that are grown in this state or produced from animals kept in this state.
ATCP 161.41 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register April 2015 No. 712.
ATCP 161.42 ATCP 161.42Grant program; general.
ATCP 161.42(1)(1)Grant purposes. The department may award grants under s. 93.48, Stats., for projects that are designed to increase the sale of Wisconsin food products to local purchasers. This may include grants for projects to create, expand, diversify, or promote any of the following:
ATCP 161.42(1)(a) (a) Local food marketing systems and market outlets.
ATCP 161.42(1)(b) (b) Local food and cultural tourism routes.
ATCP 161.42(1)(c) (c) Production, processing, marketing, and distribution of Wisconsin food products primarily for sale to local purchasers.
ATCP 161.42(2) (2) Grant proposals; evaluation. A grant award under sub. (1) shall be based on a grant proposal under s. ATCP 161.44. The department shall evaluate grant proposals according to s. ATCP 161.45.
ATCP 161.42(3) (3) Grant awards. A grant award under sub. (1) shall be signed by an authorized department official. The grant award shall clearly identify the person to whom the grant is awarded, the amount awarded, and the purposes for which the grant is awarded. A grant award may not exceed $50,000. The department may not award more than one grant to the same person in any state fiscal biennium.
ATCP 161.42(4) (4) Grant terms and conditions. A grant is subject to the terms and conditions provided in s. ATCP 161.43 and the grant contract. The department may specify terms and conditions to ensure that grant funds are effectively used for the purposes awarded.
ATCP 161.42(5) (5) Grant contract. The department may not distribute any grant funds to the recipient of a grant award under sub. (1) until that recipient enters into a grant contract with the department. The contract shall comply with s. ATCP 161.46.
ATCP 161.42 Note Note: Grant proposals, grant awards, grant contracts, progress reports, and other documents are open to public inspection to the extent provided by Wisconsin's open records law, subch. II of ch. 19, Stats.
ATCP 161.42 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.43 ATCP 161.43Grant terms and conditions.
ATCP 161.43(1)(1)Use of grant funds. Grant funds may be used to reimburse any of the following expenses if those expenses are a reasonable and necessary part of the grant project:
ATCP 161.43(1)(a) (a) Operating expenses, including expenses for salaries and wages, contract and consulting services, travel, supplies, and public information.
ATCP 161.43(1)(b) (b) Real estate and equipment rental.
ATCP 161.43(1)(c) (c) The purchase of equipment whose full value is ordinarily depreciable within one year.
ATCP 161.43(1)(d) (d) Reasonable depreciation expense incurred, for capital equipment, during the term of the grant contract.
ATCP 161.43(2) (2) Prohibited uses of grant funds. Grant funds may not reimburse any of the following expenses:
ATCP 161.43(2)(a) (a) Real estate purchases.
ATCP 161.43(2)(b) (b) Repayment of loans or mortgages.
ATCP 161.43(2)(c) (c) Rent or contract payments for time periods extending beyond the term of the grant contract.
ATCP 161.43(2)(d) (d) Equipment purchases, except as specifically authorized in sub. (2) (c) and (d).
ATCP 161.43(2)(e) (e) Administrative or overhead costs that are not direct costs of the grant project.
ATCP 161.43(3) (3) Matching contributions. The recipient of a grant award under s. ATCP 161.42 shall make a matching contribution to the grant project. The matching contribution shall be equal to at least the grant award. A matching contribution may include the reasonable value of the grant recipient's direct contribution of capital, land, labor, equipment or cash to the grant project. A matching contribution may include grant funds from sources other than the department.
ATCP 161.43(4) (4) Grant payments. The department may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The grant contract shall describe payment terms and conditions. The department may require a grant recipient to file progress reports and submit expense documentation as necessary to support grant payments.
ATCP 161.43 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08; CR 14-047: am. (3) Register May 2015 No. 713, eff. 6-1-15.
ATCP 161.44 ATCP 161.44Grant proposals.
ATCP 161.44(1)(1)General. To obtain a grant under s. ATCP 161.42 (1), a person shall submit a grant proposal in response to a department request for grant proposals under sub. (2).
ATCP 161.44(2) (2) Request for proposals.
ATCP 161.44(2)(a)(a) The department may, at any time, issue a request for grant proposals. The department shall issue a request for grant proposals at least once during every state fiscal biennium for which grant funding is appropriated. A request for grant proposals shall be signed by an authorized department official and shall include all of the following:
ATCP 161.44(2)(a)1. 1. A deadline date and address for submitting grant proposals.
ATCP 161.44(2)(a)2. 2. Format and content requirements for grant proposals.
ATCP 161.44(2)(a)3. 3. The name, business mailing address, business email address, and business telephone number of a department representative who can provide more information or answer questions about the request for grant proposals.
ATCP 161.44(2)(a)4. 4. Other relevant terms and conditions that the department wishes to include.
ATCP 161.44(2)(b) (b) The department shall mail or email each request for grant proposals under par. (a) to persons who have registered with the department to receive that mailing. The department shall also issue a general news release announcing the request for grant proposals.
ATCP 161.44 Note Note: Persons who wish to register for mailings under par. (b), or who wish to obtain a free copy of a request for grant proposals under par. (a), may contact the department at the following address:
ATCP 161.44 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 161.44 Note “Buy Local" Grant Program
ATCP 161.44 Note P. O. Box 8911, Madison, WI 53718-8911
ATCP 161.44 NoteEmail: DATCPBLBW@wi.gov
ATCP 161.44 Note Telephone: (608) 224-5101
ATCP 161.44 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.45 ATCP 161.45Evaluating grant proposals.
ATCP 161.45(1)(1)Evaluation period. The department shall evaluate grant proposals submitted under s. ATCP 161.44 (1), and shall announce its grant awards under s. ATCP 161.42 (1), within 90 days after the deadline date specified in s. ATCP 161.44 (2) (a) 1. The department may require a grant applicant to submit additional information, as necessary, to complete a grant proposal.
ATCP 161.45(2) (2) Evaluation criteria. In its evaluation under sub. (1), the department shall consider all of the following criteria:
ATCP 161.45(2)(a) (a) The extent to which a proposed project will increase local purchases of Wisconsin food products.
ATCP 161.45(2)(b) (b) Whether the proposal complies with the department's request for proposals under s. ATCP 161.44 (2).
ATCP 161.45(2)(c) (c) Whether the proposed project complies with this subchapter.
ATCP 161.45(2)(d) (d) The viability of the proposed project.
ATCP 161.45(2)(e) (e) Additional project benefits for Wisconsin agriculture or tourism.
ATCP 161.45(2)(f) (f) The management and technical qualifications of the grant applicant.
ATCP 161.45(2)(g) (g) The qualifications of the persons who will carry out the project.
ATCP 161.45(2)(h) (h) The financial capacity of the grant applicant to complete the project as proposed.
ATCP 161.45(2)(i) (i) The adequacy of the project plan and budget.
ATCP 161.45(2)(j) (j) Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant, consistent with s. ATCP 161.43 (1).
ATCP 161.45 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.46 ATCP 161.46Grant contracts.
ATCP 161.46(1)(1)Contract signing. A grant contract under s. ATCP 161.42 (5) may be signed by an authorized department official after the grant recipient signs the contract.
ATCP 161.46(2) (2) Contract period. A grant contract under s. ATCP 161.42 (5) takes effect when signed by an authorized department official under sub. (1). The original term of a contract may be for not more than 2 years, but may be extended for up to a third year upon request. The contract term may extend beyond the state fiscal biennium in which funds for the contract are appropriated, provided that the department encumbers those contract funds and signs the contract in that biennium.
ATCP 161.46(3) (3) Contract terms; general. A grant contract under s. ATCP 161.42 (5) is subject to the terms and conditions in s. ATCP 161.43, and other terms and conditions contained in the contract. A grant contract incorporates commitments made in the grant proposal, except as otherwise provided in the contract.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.