Section 70.03. Food processing plants; licensing; fees.

 

(1)   License required. Except as provided under sub. (7) , 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 food processing plant license shall be made on a form provided by the department. The application shall include applicable fees required under this section.

(2m)   Annual license fee. An applicant for a food processing plant license shall pay an annual license fee. Except as provided in sub. (2n) , the fee amount is as follows:

(a) For a food processing plant that has an annual production of at least $25,000 but less than $250,000, and is engaged in processing potentially hazardous food or in canning, an annual license fee of $400.

(b) For a food processing plant that has an annual production of at least $250,000, and is engaged in processing potentially hazardous food or in canning, an annual license fee of $835.

(c) For a food processing plant that has an annual production of at least $25,000 but less than $250,000, and is not engaged in processing potentially hazardous food or in canning, an annual license fee of $160.

(d) For a food processing plant that has an annual production of at least $250,000, and is not engaged in processing potentially hazardous food or in canning, an annual license fee of $520.

(e) For a food processing plant that has an annual production of less than $25,000, an annual license fee of $95.

(2n)   Canning operations; license fee surcharge. If a food processing plant is engaged in canning operations and has an annual production of $25,000 or more, the operator shall pay an annual license fee surcharge of $320, which shall be added to the license fee under sub. (2m) .

(2p)   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.

(2r)   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 regularly scheduled inspection, the department shall charge the food processing 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 a food processing plant operator.

(b) The reinspection fee required under par. (a) is as follows:

1. For a food processing plant that has an annual production of less than $250,000, and is engaged in processing potentially hazardous food or in canning, the reinspection fee is $255.

2. For a food processing plant that has an annual production of at least $250,000, and is engaged in processing potentially hazardous food or in canning, the reinspection fee is $525.

3. For a food processing plant that has an annual production of less than $250,000, and is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $150.

4. For a food processing plant that has an annual production of $250,000 or more, and is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $490.

5. For a food processing plant that has an annual production of less than $25,000 the reinspection fee is $60.

(3)   Action on license application. The department shall grant or deny a license application within 40 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. (5) , the department may conditionally grant a license application by issuing a temporary license under sub. (4) .

(4)   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 farm products from producers, except as specifically authorized by the department in writing. The department may not authorize a food processing plant operator to procure farm products from producers unless the food processing plant 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.

(5)   Pre-license inspection. The department may inspect a food processing plant, as the department deems necessary, before issuing a license for the food processing plant. The department may not issue a license or temporary license for 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 is not considered a new food processing plant under this subsection solely because of a change of ownership, or solely because of alterations in the food processing plant.

(6)   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.

(7)   License exemptions. A food processing plant license is not required under s. 97.29 , Stats., or this section for:

(a) A retail food establishment which is engaged in food processing if all of the following apply:

1. The retail food establishment is licensed by the department under s. 97.30 , Stats., or by an agent city, village, or county 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 a licensed retail food establishment is also licensed as a dairy plant under s. 97.20 , Stats., or as a meat establishment under s. 97.42 , Stats., sales of dairy or meat products processed at the establishment shall be excluded from the calculation of food sales receipts under this subdivision.

3. The retail food establishment is not engaged in canning or production of processed fish.

(b) A restaurant holding a permit under s. 97.605 , Stats., if any of the following applies:

1. The restaurant does not process food for wholesale distribution, and is not engaged in canning of food products or in the production of processed fish.

2. The restaurant is licensed as a retail food establishment, and is 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 dairy plant is not engaged in canning foods other than dairy products, or in production of processed 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 meat establishment is licensed under s. 97.42 , Stats., or inspected under 21 USC 601 et seq. or 21 USC 451 et seq.

2. Receipts from non-meat food processing operations at that location comprise no more than 25% of gross annual meat and non-meat food sales from that location.

3. The meat establishment is not engaged in canning food other than meat or meat products, and is not engaged in production of processed fish.

(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.

(f) 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. Repacking molluscan shellfish, provided that the licensed warehouse operator holds a licensee dealer certification as required under s. ATCP 70.21 (2) , that annual inventory value of molluscan shellfish repacked 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 s. ATCP 70.21 .

2. Packing food items that are already packaged and labeled for retail sale into containers for further distribution.

3. Combining two 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 70.10 .

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 70.07 (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.

Cr. Register, October, 1989, No. 406 , eff. 11-1-89; am. (1) and (2), cr. (2m), (2n) and (2r), Register, January, 1998, No. 505 , eff. 2-1-98; CR 05-044 : am. (2), (2m), (2n), (2r), and (3) Register December 2005 No. 600 , eff. 1-1-06; CR 06-028 : am. (4) (b) Register November 2006 No. 611 , eff. 12-1-06; CR 07-037 : am. (2m) (a) to (e), (2n) and (2r) (b) 1. to 5. Register April 2008 No. 628 , eff. 5-1-08; CR 08-075 : am. (7) (d) 1. Register April 2009 No. 640 , eff. 5-1-09; CR 09-009 : cr. (2p), am. (7) (b) (intro.) Register October 2009 No. 646 , eff. 11-1-09; CR 10-121 , cr. (7) (e) Register October 2011 No. 670 , eff. 11-1-11; CR 13-063 : am. (7) (b) 1. Register April 2014 No. 700 , eff. 5-1-14; CR 15-093 : cr. (1) (f) Register August 2016 No. 728 , eff. 9-1-16; correction in (1) (f) 1. to 4. made under s. 35.17 , Stats., Register August 2016 No. 728 ; correction in (7) (b) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register August 2016 No. 728 .

Note

The treatment of subs. (2m) and (2n) first applies to applications for new licenses that are filed on or after February 1, 1998 and to renewals of food processing plant licenses which expire on March 31, 1998. Microsoft Windows NT 6.1.7601 Service Pack 1 A registration form under subd. 4. may be obtained by contacting the department at the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
P.O. Box 8911
Madison, WI 53708 Microsoft Windows NT 6.1.7601 Service Pack 1