Section 1. ATCP 82.02 (title) is amended to read:
ATCP 82.02 (title) Bulk milk tanker; license; grade A permit.
Section 2. ATCP 82.02 (1) is repealed.
Section 3. ATCP 82.02 (1m) is created to read:
(1m) Permit required. No person may operate a bulk milk tanker to transport milk or fluid milk products for sale or use as grade A milk or grade A dairy products unless the department, or an equivalent regulatory agency in another state, has issued a valid grade A permit for that bulk milk tanker and the information required under sub. (7) (d) is displayed on the bulk milk tanker as required under sub. (7) (e). A grade A permit is not transferable between bulk milk tankers.
Section 4. ATCP 82.02 (2) (title) is amended to read: License application Permit application
Section 5. ATCP 82.02 (2) (intro.) is amended to read:
(2) An application for a license grade A permit under sub. (1) (1m) shall be made on a form provided by the department. An application shall include all of the following:
Section 6. ATCP 82.02 (2) (d) is amended to read: ATCP 82.02 (2) (d) Any other information which the department reasonably requires for identifying and licensing permitting of the bulk milk tanker.
Section 7. ATCP 82.02 (2) (e) is amended to read:
ATCP 82.02 (2) (e) All applicable fees and surcharges required under subs. (4) to (5) and (6).
Section 8. ATCP 82.02 (3) is amended to read:
(3) Action on license permit application. (a) The department shall grant or deny a license permit application under sub. (2) within 40 30 days after the department receives a completed application.
(b) The department shall not issue or renew a license permit 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.
Section 9. ATCP 82.02 (4) is repealed.
Section 10. ATCP 82.02 (5) is amended to read
(5) Reinspection fee. (a) 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 permit renewal application to the bulk milk tanker operator, or at any other time after the fee becomes effective. (b) The reinspection fee under par. (a) is $45 $60.
Section 11. ATCP 82.02 (6) is amended to read:
(6) Surcharge for operating without a license permit. (a) An applicant for a bulk milk tanker license fee permit shall pay a license permit surcharge of $100 if the department determines that, within 365 days prior to submitting the license permit application, the applicant operated a bulk milk tanker without a license or grade A permit in violation of sub. (1) (1m) or (7).
(b) In addition to paying the license fee permit surcharge under par. (a), an applicant who violated sub. (1) (1m).or (7). shall pay all fees, set forth in a statement from the department, that are due and payable for the license permit year in which the applicant violated sub. (1) (1m) or (7).
(c) Payment of the license permit surcharge and past fees under pars. (a) and (b) does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (1) (1m) or (7), but does not constitute evidence of any violation of law.
Section 12. ATCP 82.02 (7) is repealed and re-created to read:
(7) Grade A permit display. (a) An application for a grade A permit shall include proof that the bulk milk tanker has passed an inspection by the department or by a certified industry inspector under sub. ATCP 82.02 (8) within the 24 months before the last day of the month in which the application was made.
(b) The holder of a grade A permit under sub. (1m) shall display all of the following information, in the manner required under par. (c), on both sides of the bulk milk tanker to which the permit applies:
1.
The grade A permit identification number. 2.
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/.Note: For example, permits issued by the department may display the full state name, "Wisconsin," the two letter postal code state abbreviation "WI," or the national uniform code "55."
(c) The information display, under par. (b), shall be permanently attached to the bulk milk tanker. The color of the letters and numbers shall be in sharp contrast to the background on which the letters and numbers are displayed. Each letter and number comprising the information shall be at least 2 inches in height and readily legible during daylight hours while the bulk milk tanker is stationary. The permit holder shall maintain the display so that it remains fully legible at all times.
Section 14. Effective date and initial applicability. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22(2)(intro.).
