Wis. Admin. Code ATCP § ATCP 65.926

Current through March 24, 2024
Section ATCP 65.926 - Dairy plant license and grade A permit suspension or revocation
(1) The department may suspend or revoke a dairy plant license or grade A dairy plant permit, as provided in s. 93.06(7), Stats., except as provided under sub. (2), the department may not suspend or revoke a dairy plant license or grade A dairy plant permit except by order of the secretary or the secretary's designee, as provided in ch. ATCP 1, after notice and opportunity for hearing under subch. III of ch. 227, Stats. The division may file a written complaint with the department seeking the suspension or revocation of a dairy plant license or grade A dairy plant permit. Pending completion of the proceedings, the secretary or the secretary's designee may issue interim orders as necessary to protect the public health, safety and welfare. If an inspection is required for the reinstatement of a dairy plant license or grade A dairy plant permit that is suspended or revoked under this section, the department shall charge a reinspection fee, under s. ATCP 65.02(19), for the inspection.
(2) The department may suspend or revoke a dairy plant license or grade A dairy plant permit, as provided under s. 93.06(7), Stats., for cause including any of the following:
(a) A violation of this chapter or ch. ATCP 100.
(b) Interference with lawful inspection or sampling by the department or a certifying agency under s. ATCP 65.930, or refusal to permit lawful inspection or sampling by the department or a certifying agency under s. ATCP 65.930.
(c) Refusal to permit the lawful inspection or copying of documents under s. ATCP 65.44(2).
(d) Failure to pay fees required under s. ATCP 65.04.

Note: The procedure for suspending or revoking a dairy plant license or grade A permit is specified in ch. ATCP 1.

(3) The suspension or revocation of a dairy plant license automatically suspends or revokes any grade A permit that the dairy plant operator holds for that dairy plant.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.926

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (c) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016

Violations of this chapter may also result in court prosecution under s. 97.72 or 97.73, Stats.