Section 97.21. Milk haulers and milk distributors.

 

(1)   Definitions. In this section:

(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.

(am) “Dairy plant" has the meaning given under s. 97.20 (1) (a) .

(b) “Fluid milk product" has the meaning given under s. 97.24 (1) (ar) .

(c) “Grade A milk" has the meaning given under s. 97.24 (1) (b) .

(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) .

(2)   Bulk milk tanker; grade A permit. No person may operate a bulk milk tanker to transport milk or fluid milk products in bulk for sale or distribution as grade A milk or grade A milk products without a valid grade A bulk milk tanker permit issued annually by the department or an equivalent regulatory agency in another state for that bulk milk tanker. A grade A bulk milk tanker permit is not transferable between persons or bulk milk tankers. An application for a permit shall be made on a form provided by the department. An applicant shall include with an application for a permit proof that the bulk milk tanker has passed an inspection conducted within the preceding year by the department or an individual certified by the department to conduct bulk milk tanker inspections. Except as provided in sub. (4) , the department may not charge a fee for a grade A bulk milk tanker permit issued under this paragraph.

(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.

(4)   Fees.

(a) License fee. An applicant for a milk distributor license shall pay the license fee specified under sub. (4m) .

(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 permit renewal application to the bulk milk tanker operator or a license renewal application to the milk distributor.

(c) Surcharge for operating without a license. An applicant for a 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 in violation of this section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability that results from a violation of sub. (3) , but does not constitute evidence of any violation of law.

(4m)   Fee amounts. The department shall establish the fees required under sub. (4) (a) and (b) by rule.

(5)   Licensing and permitting contingent on payment of fees. The department may not issue or renew a grade A bulk milk tanker permit or milk distributor license unless the permit or license applicant pays all fees that 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 permitting or licensing under this section.

(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.

1987 a. 399 ; 1989 a. 174 ; 1991 a. 39 ; 1995 a. 27 ; 2015 a. 55 , 242 . Cross-reference: See also ch. ATCP 82 , Wis. adm. code.