Section 82.04. Bulk milk weigher and sampler; license and grade A permit.

 

(1)   License required. Except as provided under sub. (2) , no person may do either of the following unless that person holds a valid bulk milk weigher and sampler license issued by the department under s. 98.146 , Stats., and this section:

(a) Weigh or measure milk, for payment purposes.

(b) Collect test samples of milk required under s. ATCP 65.38 .

(2)   Buttermaker or cheesemaker; exemption. Subsection (1) does not apply to a person who holds a valid buttermaker or cheesemaker license issued by the department under s. 97.17 , Stats.

(3)   Initial bulk milk weigher and sampler license application. Before the department initially licenses any person as a bulk milk weigher and sampler, that person shall demonstrate his or her competency by doing all of the following:

(a) Submit an application for a bulk milk weigher and sampler license on a form provided by the department. The form shall be accompanied by all fees that are due and payable under sub. (6) . The application shall include all information reasonably required by the department for licensing purposes.

(b) Pass a written examination administered by the department.

(c) Pass a field inspection administered by the department, within 21 days of passing the written examination.

(4)   Action on initial application for bulk milk weigher and sampler license. The department shall grant or deny an initial bulk milk weigher and sampler license under sub. (3) within 40 days after the department receives a complete application.

(5)   License expiration.

(a) Except as provided in par. (b) , a bulk milk weigher and sampler license expires on the second September 30 following the date on which the department issues or renews the license.

(b) If the department issues or renews a license before September 30 of any year in response to an application filed after August 15 of that year, the license expires on the third September 30 following the date on which the department issues or renews the license.

(6)   License and reinspection fees.

(a) License fee. An applicant for a bulk milk weigher and sampler license shall pay a biennial license fee of $60.

(b) Reinspection fee required. If the department reinspects a bulk milk weigher and sampler because the department finds a violation of ch. 97 , Stats. , or this chapter, the department shall charge the bulk milk weigher and sampler a reinspection fee of $60. 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 license renewal application to the bulk milk weigher and sampler.

(c) Written examination. The department may require that the bulk milk weigher and sampler pass a written examination in conjunction with a reinspection. No fee shall be charged to the bulk milk weigher and sampler for this examination.

(7)   License renewal. A person applying to renew a bulk milk weigher and sampler license shall be required to do all of the following:

(a) Submit an application for renewal of a bulk milk weigher and sampler license on a form provided by the department. The form shall be accompanied by all fees that are due and payable under sub. (6) . The application for renewal shall include all information reasonably required by the department for licensing purposes.

(b) Pass a field inspection administered by the department or another regulatory agency which grants bulk milk weigher and sampler licenses, within the previous 24 month period.

(8)   Action on application to renew a bulk milk weigher and sampler license. The department shall grant or deny a license application under sub. (7) within 40 days after the department receives a complete application.

(9)   Grade a bulk milk weigher and sampler permit required. Except as provided under sub. (2) , no person may do either of the following unless that person holds a valid grade A bulk milk weigher and sampler permit in addition to the bulk milk weigher and sampler license issued by the department under s. 98.146 , Stats., and this section:

(a) Weigh or measure grade A milk, which will be processed as grade A milk or a grade A dairy product, for payment purposes.

(b) Collect test samples of grade A milk, which will be processed as grade A milk or a grade A dairy product, as required under s. ATCP 65.38 .

(10)   Obtaining an initial grade A bulk milk weigher and sampler permit. A person shall be granted a grade A permit by the department upon successfully obtaining their initial bulk milk weigher and sampler license under sub. (3) or before the expiration date of that license under sub. (5) , provided that if any reinspections of the person have been conducted under sub. (6) , the most recent reinspection was passed by the person. A person holding a bulk milk weigher and sampler license from the department, who passes an inspection conducted by another regulatory agency which grants grade A bulk milk weigher and sampler permits, may conduct the activities in sub. (9) (a) and (b) .

(11)   Renewing a grade a bulk milk weigher and sampler permit. A person shall be granted a renewal of a grade A bulk milk weigher and sampler permit by the department upon successfully renewing their initial bulk milk weigher and sampler license under sub. (7) or before the expiration date of that license under sub. (5) , provided that if any reinspections of the person have been conducted under sub. (6) , the most recent reinspection was passed by the person. A person holding a bulk milk weigher and sampler license from the department, who passes an inspection conducted by the regulatory agency of another state which grants grade A bulk milk weigher and sampler permits, may conduct the activities in sub. (9) (a) and (b) .

History: Cr. Register, November, 1994, No. 467 , eff. 12-1-94; CR 01-028 : r. and recr. (3), Register September 2001 No. 549 , eff. 10-1-01; CR 05-044 : r. and recr. (5) Register December 2005 No. 600 , eff. 1-1-06; CR 07-006 : am. (1) (a) and (b), Register January 2008 No. 625 , eff. 2-1-08; CR 07-037 : am. (5) (a) and (b) Register April 2008 No. 628 , eff. 5-1-08; CR 13-104 : am. (title), renum. (3) to (5), cr. (3) (a), am. (4), renum. (5) to (6) and am. (6) (b), cr. (6) (c), renum. (6) to (8) and am., renum. (7) (intro.), (a), (b) to (3) (intro.), (b), (c) and am., cr. (7) (a), (b), renum. (8) to (7) (intro.) and am., cr. (9) to (11) Register July 2014 No. 703 , eff. 8-1-14; correction in (6) (c) (title) made under s. 13.92 (4) (b) 2. , Stats., Register July 2014 No. 703 ; CR 14-073 : am. (1) (b), (9) (b) Register August 2016 No. 728 , eff. 9-1-16.