Section ATCP 70.06 - Food processing plants; licensing; fees(1) LICENSE REQUIRED. Except as provided under sub. (11), no person may operate a food processing plant without a valid license issued by the department for that food processing plant under s. 97.29, Stats. A food processing plant license expires on March 31 annually. A license is not transferable between persons or food processing plants.(2) LICENSE APPLICATION. Application for an annual license to operate a food processing plant shall be made on a form provided by the department. The application shall include applicable fees required under this section.(3) ANNUAL LICENSE FEE. An applicant for a license to operate a food processing plant shall pay an annual license fee. Except as provided in sub. (4), the fee amount is as follows: (a) For operating a food processing plant that has an annual production of at least $25,000 but less than $250,000, and the operator is engaged in processing potentially hazardous food or in canning, an annual license fee of $400.(b) For operating a food processing plant that has an annual production of at least $250,000, and the operator is engaged in processing potentially hazardous food or in canning, an annual license fee of $835.(c) For operating a food processing plant that has an annual production of at least $25,000 but less than $250,000, and the operator is not engaged in processing potentially hazardous food or in canning, an annual license fee of $160.(d) For operating a food processing plant that has an annual production of at least $250,000, and the operator is not engaged in processing potentially hazardous food or in canning, an annual license fee of $520.(e) For operating a food processing plant that has an annual production of less than $25,000, an annual license fee of $95.(4) CANNING OPERATIONS; LICENSE FEE SURCHARGE. If an operator of a food processing plant is engaged in canning operations and has annual food sales of more than $25,000, the operator shall pay an annual license fee surcharge of $320, which shall be added to the license fee under sub. (3).(5) SURCHARGE FOR OPERATING WITHOUT A LICENSE. An applicant for a license under sub. (1) shall pay a license fee surcharge of $100 if the department determines that, within one year prior to submitting the license application, the applicant operated the food processing plant without a license in violation of sub. (1). Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the food processing plant, but does not constitute evidence of a violation of any law. (6) REINSPECTION FEE. (a) If the department reinspects a food processing plant because the department has found a violation of ch. 97, Stats., or this chapter, on a regular inspection, the department shall charge the licensee 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 a licensee.(b) The reinspection fee required under par. (a) is as follows:1. For a license holder of a food processing plant that has an annual production of less than $250,000, and the license holder is engaged in processing potentially hazardous food or in canning, the reinspection fee is $255.2. For a license holder of a food processing plant that has an annual production of at least $250,000, and the license holder is engaged in processing potentially hazardous food or in canning, the reinspection fee is $525.3. For a license holder of a food processing plant that has an annual production of less than $250,000, and the license holder is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $150.4. For a license holder of a food processing plant that has an annual production of $250,000 or more, and the license holder is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $490.5. For a license of a food processing plant that has an annual production of less than $25,000, the reinspection fee is $60.(7) ACTION ON LICENSE APPLICATION. The department shall grant or deny a license application within 30 business days after the department receives a complete application. If the department denies the license application, the department shall notify the applicant, in writing, of the reasons for the denial. Except as provided under sub. (9), the department may conditionally grant a license application by issuing a temporary license under sub. (8).(8) TEMPORARY LICENSE. (a) The department may issue a temporary license, for a period not to exceed 40 business days, pending final action on an application for an annual food processing plant license. The department shall grant or deny the annual license application before the temporary license expires. If the department denies an annual license application before the applicant's temporary license expires, the temporary license is automatically terminated when the applicant receives written notice of the denial.(b) The holder of a temporary license may not procure raw agricultural products as defined in s. 97.01(14), Stats., from producers, except as specifically authorized by the department in writing. The department may not authorize an operator to procure farm products from producers unless the operator complies with subch. VI of ch. 126, Stats.(c) The holder of a temporary license acquires no license rights beyond those conferred by the temporary license. A temporary license may not be issued in response to a renewal application by the holder of an existing license.(9) PRE-LICENSE INSPECTION. The department may inspect a food processing plant, as the department deems necessary, before issuing a license to operate the food processing plant. The department may not issue a license or temporary license to operate a new food processing plant until the department inspects the new food processing plant for compliance with this chapter. A previously licensed food processing plant may not be considered a new food processing plant under this subsection solely because of a change of ownership.(10) DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CONDITIONAL LICENSE. The department may deny, suspend, or revoke a license, or impose conditions on a license as provided under s. 93.06(7) and (8), Stats. Except as otherwise provided by statute or rule, the suspension or revocation of a license shall comply with the prior notice requirements of s. 227.51, Stats.(11) LICENSE EXEMPTIONS. A license to operate a food processing plant is not required under s. 97.29, Stats., or this section for: (a) An operator of a retail food establishment engaged in food processing if all of the following apply: 1. The operator is licensed by the department under s. 97.30, Stats., or by an agent, as defined in s. ATCP 74.01(1) under ss. 97.30 and 97.41, Stats.2. Wholesale receipts from food processing operations at the retail food establishment comprise no more than 25% of gross annual food sales from the retail food establishment. If the operator of a licensed retail food establishment is also licensed to operate a dairy plant under s. 97.20, Stats., or to operate a meat establishment under s. 97.42, Stats., sales of dairy or meat and poultry products processed at the establishment shall be excluded from the calculation of food sales receipts under this subdivision.3. The operator is not engaged in canning of food products at the retail food establishment.4. The operator may move food between retail food establishments licensed to the same operator.(b) A license holder under s. 97.605, Stats., operating a retail food establishment serving meals, if all of the following apply: 1. The operator does not process food for wholesale distribution in excess of 25% of total food sales and is not engaged in canning of food products. The operator may brew fermented malt beverages at the retail food establishment serving meals under the provisions in s. 125.295, Stats.2. The operator of the retail food establishment is licensed and exempt from licensing as a food processing plant under par. (a). (c) Food processing operations conducted at a dairy plant licensed under s. 97.20, Stats., if both of the following apply: 1. Receipts from non-dairy food processing operations at that location comprise no more than 25% of gross annual dairy and non-dairy food sales from that location.2. The operator of the dairy plant is not engaged in canning foods other than dairy products, or the processing of fish.(d) Food processing operations conducted at a meat establishment, by the operator of the meat establishment, if all of the following apply: 1. The operator of the meat establishment is licensed under s. 97.42, Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.2. The operator is also licensed at the meat establishment to operate a retail food establishment under s. 97.30, Stats., and not engaged in the canning of food products other than meat or poultry products canned under s. 97.42, Stats., or the production of cold-smoked fish or fishery products.(e) The processing of maple sap to produce maple syrup or concentrated maple sap if all of the following apply: 1. The processor sells the maple syrup or concentrated maple sap only to other processors for further processing.2. The processor's combined gross receipts from all sales under subd. 1. during the license year total less than $5,000. 3. The processor keeps a written record of every sale under subd. 1., retains that record for at least 2 years, and makes the record available for inspection and copying by the department upon request. The record shall include the name and address of the purchasing processor, the date of sale, the amount of maple syrup or concentrated maple sap sold, and the sale price.4. The processor registers with the department before engaging in any processing activities under this paragraph in any license year ending March 31. A registration expires at the end of the license year. A processor shall register in writing on a form provided by the department, or shall register online at http://datcp.wi.gov. The registration shall include information reasonably required by the department, including the registrant's name and address and information related to the nature, location, and scope of the registrant's processing activities and product sales. There is no fee to register, and the registrant is not required to hold a registration certificate from the department. Note: A registration form under subd. 4. may be obtained by contacting the department at the following address:
Department of Agriculture, Trade and Consumer Protection
Division of Food and Recreational Safety
P.O. Box 8911
Madison, WI 53708
(f) The operator of a licensed food warehouse under s. 97.27, Stats., at which one or more of the following activities are the only food processing activities performed: 1. Reshipping marine molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required by the U.S. food and drug administration's Guide for the Control of Molluscan Shellfish, The Model Ordinance, that annual inventory value of molluscan shellfish reshipped at the licensed warehouse does not exceed 25% of the gross annual inventory value of the food warehouse, and the licensed food warehouse meets all of the applicable requirements of subch. IV of ch. ATCP 70.2. Packing food items that are already packaged and labeled for retail sale into containers for further distribution.3. Combining 2 or more food items that are already individually packaged and labeled for retail sale into a combination package for retail sale, if the label on each individual item inside the combination package remains visible or if the package of combined items is labeled for retail sale. All packaging and labels shall comply with s. ATCP 70.26.4. Manufacturing ice for use in the shipment of foods, or to cool or keep foods cold while in transit or stored in the warehouse. Ice used for this purpose must meet the standards in s. ATCP 70.20(8). Ice must be made on site in a commercial ice machine and may not be bagged, distributed or sold separately from food items that it is used to cool.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 70.06
Adopted by, CR 17-073: cr. Register January 2020 No. 769, eff. 2-1-20; corrections in (11) (a) 1. made under ss. 13.92(4) (b) 7 and 35.17, Stats., and corrections in (11) (b) 1., (f) 1. made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020