97.20(2)(e)1.
1. A farm manufacturing or processing dairy products solely for consumption by the owner or operator of the farm, or members of the household or nonpaying guests or employees.
97.20(2)(e)2.
2. The retail preparation and processing of meals for sale directly to consumers or through vending machines, if the preparation and processing is covered under a restaurant permit or other permit issued under
s. 254.64.
97.20(2)(e)3.
3. A retail food establishment licensed under
s. 97.30 if the establishment processes dairy products solely for retail sale at the establishment.
97.20(2)(e)4.
4. A dairy plant that is exempted from licensing by department rule.
97.20(2)(e)5.
5. A food processing plant licensed under
s. 97.29 that processes dairy products into a prepared food if all of the following apply:
97.20(2)(e)5.a.
a. The dairy products used by the food processing plant are manufactured at a dairy plant from ingredients that are pasteurized or are produced under other processes that eliminate or reduce to an acceptable level the food safety hazards associated with the dairy products, including aseptically processed foods, high acid foods, heat treated foods, aged foods, cold pack foods, and similarly processed foods.
97.20(2)(e)5.b.
b. The federal food and drug administration has not prescribed a standard of identity under title 21 of the code of federal regulations for the prepared food.
97.20(2)(f)
(f)
Added operations. No dairy plant may add a new category of dairy plant operations during the time period for which a dairy plant license was issued unless the dairy plant first notifies the department and obtains written authorization for the new category of operations. In this paragraph, "new category of operations" includes the manufacture or processing of any of the following which was not identified on the dairy plant's most recent license application:
97.20(2c)(a)(a)
Annual license fee. An applicant for a dairy plant license shall pay an annual license fee specified under
par. (b) as follows:
97.20(2c)(a)1.
1. An applicant for a license to operate a dairy plant that operated during the previous calendar year shall pay the basic annual license fee plus the supplementary dairy plant license fee based on the amount of milk that was delivered to the dairy plant from milk producers in the previous calendar year, whether or not that particular applicant operated the dairy plant during the previous calendar year.
97.20(2c)(a)2.
2. An applicant for a license to operate a dairy plant that has not been operated in the previous calendar year shall pay the basic annual license fee plus the supplementary dairy plant license fee that is established by department rule.
97.20(2c)(b)
(b)
License fee amounts. Unless otherwise established by department rule, the annual license fees required under
par. (a) are a basic annual license fee of $80 for each dairy plant plus:
97.20(2c)(b)1.
1. For a grade A processing plant, a supplementary annual license fee of $650 if the plant received more than 2,000,000 pounds of milk from milk producers or of $500 if the plant received 2,000,000 pounds or less of milk from milk producers.
97.20(2c)(b)2.
2. For a processing plant that is not a grade A processing plant and that annually manufactures or processes more than 1,000,000 pounds of dairy products or more than 200,000 gallons of frozen dairy products, a supplementary annual license fee of $270.
97.20(2c)(b)3.
3. For a grade A receiving station, a supplementary annual license fee of $250.
97.20(2c)(c)
(c)
Surcharge for operating without license. An applicant for a dairy plant license shall pay a license fee surcharge if the department determines that within one year before submitting the license application, the applicant operated the dairy plant without a license in violation of
sub. (2). The amount of the surcharge is $100, or $500 if the dairy plant operator procures milk or fluid milk products from milk producers or their agents. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of the dairy plant, but does not constitute evidence of any violation of law.
97.20(2g)(a)(a)
Monthly procurement fee. A dairy plant operator shall pay a milk procurement fee on or before the 18th day of each month in the amount specified under
par. (b) as follows:
97.20(2g)(a)1.
1. The operator of a dairy plant that operated during the month preceding the month when the payment is due shall pay a milk procurement fee based on the amount of milk that was delivered to the dairy plant from milk producers in the month preceding the month when the payment is due, whether or not that particular dairy plant operator operated the dairy plant during the month preceding the month when the payment is due.
97.20(2g)(a)2.
2. The operator of a dairy plant that has not been operated in the month preceding the month when the payment is due shall pay a milk procurement fee in the month when the payment is due that is established by department rule.
97.20(2g)(b)
(b)
Milk procurement fee amounts. Unless otherwise established by department rule, milk procurement fees required under
par. (a) are:
97.20(2g)(b)1.
1. For each 100 pounds of grade A milk received from milk producers, 0.4 cent.
97.20(2g)(b)2.
2. For each 100 pounds of all milk received from milk producers that is not grade A milk, 0.2 cent.
97.20(2g)(c)
(c)
Out-of-state milk shipments. A milk producer who ships milk to an out-of-state dairy plant shall pay a milk procurement fee, specified under
par. (b), on that milk, unless the out-of-state dairy plant voluntarily pays that fee for the milk producer.
97.20(2n)(a)(a)
Reinspection fees. If the department reinspects a dairy plant because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the dairy plant operator the reinspection fee specified under
par. (b). A 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 form to the dairy plant operator.
97.20(2n)(b)
(b)
Reinspection fee amounts. Unless otherwise established by department rule, the fees for reinspection required under
par. (a) are a basic fee of $40 for each dairy plant reinspection, plus:
97.20(2n)(b)1.
1. For a grade A processing plant, a supplementary reinspection fee of $160 if the plant received more than 2,000,000 pounds of milk from milk producers or of $125 if the plant received 2,000,000 pounds or less of milk from milk producers.
97.20(2n)(b)2.
2. For a processing plant that is not a grade A processing plant, a supplementary reinspection fee of $140.
97.20(2n)(b)3.
3. For a grade A receiving station, a supplementary reinspection fee of $60.
97.20(2r)
(2r) Milk producer fees. A dairy plant operator shall pay milk producer license and reinspection fees on behalf of milk producers, subject to
s. 97.22 (2) (c) and
(4) (b). A milk producer reinspection fee is payable by a dairy plant operator when a dairy farm 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 dairy plant operator.
97.20(2w)
(2w) Dairy product grading fee. An applicant for a license for a dairy plant that has been operated in the previous calendar year, that is not a grade A dairy plant and that produces butter or cheese shall pay a grading fee that, unless otherwise established by department rule, is 1.09 cents for each 100 pounds of butter or cheese that is gradable and produced by the dairy plant during the previous calendar year. An applicant for a license for a dairy plant that has not been operated in the previous calendar year, that is not a grade A dairy plant and that produces butter or cheese shall pay a grading fee that is established by the department by rule.
97.20(3)
(3) Grade A dairy plant; permit. 97.20(3)(a)(a)
Permit requirement. No person operating a dairy plant at which milk or fluid milk products are received, transferred, manufactured or processed may sell or distribute that milk or those fluid milk products as grade A milk or grade A milk products unless the person holds a valid grade A dairy plant permit issued by the department for that dairy plant. A grade A dairy plant permit expires on April 30 annually and is not transferable between persons or locations. A grade A dairy plant permit may be issued in the form of an endorsement on a dairy plant license under
sub. (2). An application for a grade A dairy plant permit shall be made on a form provided by the department and shall be accompanied by each grade A dairy plant supplementary license fee required under
sub. (2c).
97.20(3)(b)
(b)
Grade A standards. A grade A dairy plant shall comply with standards applicable to the receipt, transfer, manufacture, processing and distribution of grade A milk and grade A milk products under this chapter or rules of the department. A grade A dairy plant may not receive, transfer or process milk that is not grade A milk unless the department provides written authorization. Except as provided by the department by rule, the department may not grant that authorization unless the grade A dairy plant maintains separate facilities for the receipt, transfer and processing of milk that is not grade A milk.
97.20(3)(d)
(d)
Surcharge for operating without a permit. An applicant for a grade A dairy plant permit shall pay a grade A dairy plant permit surcharge of $100 if the department determines that, within one year prior to submitting the permit application, the applicant operated the dairy plant as a grade A dairy plant without a grade A permit, in violation of
par. (a). Payment of this surcharge does not relieve the applicant of any other civil or criminal liability which results from a violation of
par. (a), but does not constitute evidence of a violation of any law.
97.20(3)(e)
(e)
Permit contingent on payment of fees. The department may not issue or renew a grade A dairy plant permit until the permit applicant pays all applicable fees under this subsection or
subs. (2c) to
(2w). The department shall refund a fee paid under protest if the department determines that the fee was not required as a condition of the issuance of a grade A dairy plant permit under this subsection.
97.20(3g)
(3g) Crisis hotline information. The department shall develop, and furnish to a dairy plant on request, a standard form containing information about the crisis hotline.
97.20(3m)
(3m) Confidentiality. Any information kept by the department under this section or
s. 97.24 that identifies individual milk producers who deliver milk to a dairy plant licensed under this section and that is a composite list for that dairy plant is not subject to inspection under
s. 19.35 unless inspection is required under
s. 126.70 or unless the department determines that inspection is necessary to protect the public health, safety or welfare.
97.20(4)
(4) Rule making. The department may promulgate rules to establish amounts of fees required under
subs. (2c) to
(2w) or to govern the operation of dairy plants. The rules may include standards for the safety, wholesomeness and quality of dairy products; the construction, maintenance and sanitary operation of dairy plants; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; storage and handling of milk and fluid milk products; pasteurization and processing procedures; sampling and testing; and reports and record keeping. The rules may also set forth the duties of dairy plants to inspect dairy farms, collect and test producer milk samples and make reports to the department.
97.20 Cross-reference
Cross-reference: See also chs.
ATCP 80 and
100, Wis. adm. code.
97.21
97.21
Milk haulers and milk distributors. 97.21(1)
(1)
Definitions. In this section:
97.21(1)(a)
(a) "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. "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.
97.21(1)(e)
(e) "Milk distributor" means a person who distributes milk or fluid milk products. "Milk distributor" does not include a dairy plant, a milk hauler, a milk producer, as defined in
s. 97.22 (1) (f), or a retail food establishment, as defined in
s. 97.30 (1) (c).
97.21(2)
(2) Bulk milk tanker; license; grade A permit. 97.21(2)(a)1.1. Except as provided in
subd. 2., no person may operate a bulk milk tanker in this state without a valid license issued by the department for that bulk milk tanker. That license expires on April 30 annually and is not transferable between persons or bulk milk tankers. An application for a license shall be made on a form provided by the department and shall be accompanied by applicable fees under
sub. (4). The application shall include the applicant's name and address; a description of the bulk milk tanker including make, serial number and capacity; the city, village or town in which the bulk milk tanker is customarily kept; and any other information which the department may reasonably require for proper identification of the bulk milk tanker.
97.21(2)(a)2.
2. This paragraph does not apply to a person who operates a bulk milk tanker solely as an employee of a person who holds a license under this paragraph for that bulk milk tanker.
97.21(2)(b)
(b)
Grade A bulk milk tanker; permit. No person may operate a bulk milk tanker to transport milk or fluid milk products in bulk for sale or distribution without a valid grade A bulk milk permit issued annually by the department for that bulk milk tanker. A grade A bulk milk tanker permit is not transferable between persons or bulk milk tankers. A permit may be issued in the form of an endorsement on a bulk milk tanker license under
par. (a). An application for a permit shall be made on a form provided by the department, and may be included with a license application under
par. (a). The department may not charge a fee for a grade A bulk milk tanker permit issued under this paragraph.
97.21(3)
(3) Milk distributors; license. No person may operate as a milk distributor without a valid license issued by the department. A milk distributor license expires on April 30 annually. An application for a license shall be made on a form provided by the department and shall be accompanied by applicable fees under
sub. (4). The application shall include all information reasonably required by the department for purposes of issuing the license.
97.21(4)(a)(a)
License fee. An applicant for a bulk milk tanker or milk distributor license shall pay the license fee specified under
sub. (4m).
97.21(4)(b)
(b)
Reinspection fee. If the department reinspects a bulk milk tanker or the vehicle or facilities of a milk distributor because the department finds a violation of this chapter or rules promulgated under this chapter, the department shall charge the bulk milk tanker operator or milk distributor the reinspection fee specified under
sub. (4m). 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 milk distributor.
97.21(4)(c)
(c)
Surcharge for operating without a license. An applicant for a bulk milk tanker operator or milk distributor license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under
sub. (4m), whichever is less if the department determines that, within one year prior to submitting the license application, the applicant operated without a license or grade A permit in violation of this section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from a violation of
sub. (2) or
(3), but does not constitute evidence of any violation of law.
97.21(4m)
(4m) Fee amounts. Unless otherwise established by department rule, the fees required under
sub. (4) (a) and
(b) are:
97.21(4m)(a)
(a) For a bulk milk tanker under
sub. (2), an annual license fee of $30 and a reinspection fee of $30.
97.21(4m)(b)
(b) For a milk distributor under
sub. (3), an annual license fee of $50 and a reinspection fee of $20 for each storage facility operated by the milk distributor.
97.21(5)
(5) Licensing contingent on payment of fees. The department may not issue or renew a bulk milk tanker or milk distributor license unless the license applicant pays all fees which are due and payable by the applicant under
sub. (4), as set forth in a statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition of licensing under this section.
97.21(6)
(6) Rule making. The department may promulgate rules to establish amounts of fees required under
sub. (4) or to regulate bulk milk tanker operators and milk distributors. The rules may include standards for the construction, maintenance and sanitary operation of bulk milk tankers, milk distribution vehicles and milk distribution facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; storage and handling of milk and fluid milk products; identification of bulk milk tankers and milk distribution vehicles; and record keeping.
97.21 Cross-reference
Cross-reference: See also ch.
ATCP 82, Wis. adm. code.
97.22
97.22
Milk producers. 97.22(1)(1)
Definitions. In this section:
97.22(1)(a)
(a) "Dairy farm" means any place where one or more cows, sheep or goats are kept for the production of milk.
97.22(1)(e)
(e) "Milk" means the lacteal secretion of cows, sheep or goats, and includes skim milk and cream.
97.22(1)(f)
(f) "Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
97.22(2)(a)(a)
License required. No person may operate a dairy farm as a milk producer without a valid license issued by the department for that dairy farm. A license expires on April 30 annually and is not transferable between persons or dairy farms. Every milk producer shall comply with standards applicable to the production of milk and fluid milk products under this chapter and rules promulgated under this chapter.
97.22(2)(b)
(b)
License fee. Unless otherwise established by department rule, the fee for a milk producer license under
par. (a) is $20, except that an individual who is eligible for the veterans fee waiver program under
s. 45.44 is not required to pay a fee. The department also may establish by rule a reduced license fee for a producer who is properly inspected at least once annually by a special dairy farm inspector certified under
sub. (7).
97.22(2)(c)
(c)
Dairy plant to pay license fee for milk producer. The operator of a dairy plant licensed under
s. 97.20 shall pay the milk producer license fee under this subsection for every dairy farm from which the dairy plant receives milk at the time the fee payment is due. An applicant for a dairy plant license shall submit that fee with the applicant's dairy plant license application under
s. 97.20. A dairy plant operator who pays a milk producer license fee may charge that fee back to the milk producer if the dairy plant operator notifies the milk producer in writing of the dairy plant operator's intent to charge the fee to the milk producer. A dairy plant operator may not discriminate between milk producers with respect to fee charges under this paragraph, but may charge back license fees to all milk producers who cease shipping milk to the dairy plant during the license year. A dairy plant operator who pays a milk producer license fee may not deduct the amount of the fee from any payment to the milk producer for milk that the dairy plant operator purchases from the milk producer.
97.22(3)(a)(a)
Permit required. No milk producer may sell or distribute milk from his or her dairy farm as grade A milk without a valid grade A dairy farm permit issued by the department for that dairy farm. A grade A dairy farm permit expires on April 30 annually and is not transferable between persons or dairy farms. A grade A dairy farm permit may be issued in the form of an endorsement on a milk producer license under
sub. (2). Every milk producer holding a grade A dairy farm permit shall comply with standards applicable to the production of grade A milk under this chapter or rules promulgated under this chapter.
97.22(4)
(4) Reinspection and reinstatement fees. 97.22(4)(a)1.1. If the department or a special dairy inspector has found a violation of this chapter or rules promulgated under this chapter, and if the department has not lowered the grade of the milk that may be sold or distributed from the dairy farm because of the violation, the department shall charge the reinspection fee specified under
par. (am) to reinspect the dairy farm.
97.22(4)(a)2.
2. If the department or a special dairy inspector has found a violation of this chapter or rules promulgated under this chapter, and if the department has lowered the grade of the milk that may be sold or distributed from the dairy farm because of the violation, the department shall charge the reinstatement fee specified under
par. (am) to reinspect the dairy farm.
