Section ATCP 82.02 - Bulk milk tanker; grade A permit(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) (b) is displayed on the bulk milk tanker as required under sub. (7) (c). A grade A permit is not transferable between bulk milk tankers.(2) PERMIT APPLICATION. An application for a grade A permit under sub. (1m) shall be made on a form provided by the department. An application shall include all of the following: (a) The applicant's name, address, and telephone number.(b) A description of the bulk milk tanker including make, serial number, and capacity.(c) The city, village, or town, and state in which the bulk milk tanker is customarily kept.(d) Any other information which the department reasonably requires for identifying and permitting of the bulk milk tanker.(e) All applicable fees and surcharges required under subs. (5) and (6).(3) ACTION ON PERMIT APPLICATION. (a) The department shall grant or deny a permit application under sub. (2) within 30 days after the department receives a completed application.(b) The department shall not issue or renew a 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.(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 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 $60. (6) SURCHARGE FOR OPERATING WITHOUT A PERMIT. (a) An applicant for a bulk milk tanker permit shall pay a permit surcharge of $100 if the department determines that, within 365 days prior to submitting the permit application, the applicant operated a bulk milk tanker without a grade A permit in violation of sub. (1m) or (7).(b) In addition to paying the permit surcharge under par. (a), an applicant who violated sub. (1m) or (7). shall pay all fees, set forth in a statement from the department, that are due and payable for the permit year in which the applicant violated sub. (1m) or (7).(c) Payment of the 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. (1m) or (7), but does not constitute evidence of any violation of law. (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 s. 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 numerical code issued for that state by the United States food and drug administration, and available online at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm#hucs. 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 numerical 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.(8) CERTIFIED INDUSTRY INSPECTION OF GRADE A BULK MILK TANKERS. (a) The department may certify industry personnel to inspect bulk milk tankers for the purpose of issuing grade A permits. Certified industry inspectors shall be authorized to conduct inspections and reinspections of bulk milk tankers and issue or deny grade A permits for bulk milk tankers.(b) Applicants for the certified industry inspection program shall be appointed in compliance with requirements for special dairy and food inspectors under s. 97.32(1), Stats. Certification shall be for a period not exceeding 3 years from the date of formal certification or re-certification. The department may revoke the certification of an industry inspector, if the inspector fails to comply with the requirements of the certified dairy inspection program, in accordance with s. 97.32(4), Stats.(c) The department shall maintain a written program describing procedures for implementing the certified industry inspection program. Certified industry inspectors shall maintain copies of certification and inspection records for 3 years and shall file annual bulk milk tanker inspection reports with the department.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 82.02
Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 05-044: am. (2) (intro.), (3) (b) and (4), r. and recr. (5) Register December 2005 No. 600, eff. 1-1-06; CR 07-006: am. (1) (b), (2) (intro.) and (c) and (7), cr. (2) (e), (7) (d) and (e), Register January 2008 No. 625, eff. 2-1-08; CR 07-037: am. (4) and (5) (b) Register April 2008 No. 628, eff. 5-1-08; CR 13-104: am. (7) (a), (b), cr. (8) Register July 2014 No. 703, eff. 8-1-14.Amended by, CR 15-094: am. (title), r. (1), cr. (1m), am. (2) (title), (intro.), (d), (e), (3), r. (4), am. (5), (6), r. and recr. (7) Register August 2016 No. 728, eff. 9-1-16; correction in (1m) made under s. 13.92(4) (b) 7, Stats., correction in (7) (b) 2. made under s. 13.92(4) (b) 6, Stats., and correction in (7) (a) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016