Section 42.02. Commercial feed license.

 

(1)   License required. Except as provided under sub. (2) , no person may manufacture, label, or distribute a commercial feed in this state without an annual commercial feed license issued by the department. A person paid by the final retail purchaser of a mill-formulated feed to provide specifications for that feed is engaged in manufacturing, labeling, or distributing a commercial feed within the meaning of this subsection.

(2)   Exemptions. A person may do any of the following without a license under sub. (1) :

(a) Distribute packaged commercial feed in the original package in which that feed was packaged and labeled by a licensed manufacturer or distributor whose name and address appears on the package label.

(b) Distribute bulk commercial feed which is all of the following:

1. Distributed in the same form, but not necessarily in the same quantities, in which it is received from a licensed manufacturer or distributor.

2. Labeled with information which, with the possible exception of the net quantity declaration, is identical to that provided by the licensed manufacturer or distributor from whom the bulk commercial feed is received.

(c) Manufacture or distribute a custom-mixed feed, provided that the manufacturer of that custom-mixed feed does all of the following:

1. Distributes that custom-mixed feed only to the retail purchaser for whom the feed was custom-mixed.

2. Obtains all commercial feeds used as ingredients in that custom-mixed feed only from licensed manufacturers or distributors.

3. Possesses a contract, invoice, or sales receipt from the supplier of each commercial feed ingredient used in the custom-mixed feed, showing that the supplier has paid or will pay all inspection fees required under s. 94.72 (6) , Stats., for that commercial feed ingredient.

(d) Manufacture or distribute commercial feed as an authorized employee of a person, licensed under sub. (1) , whose name and address appear on the feed label.

(e) Manufacture and distribute minimally processed carcasses and carcass materials for consumption by animals other than food animals as defined in s. ATCP 57.01 (14) if the person is licensed as an animal food processor under s. ATCP 57.12 . Minimal processing includes removal of hides or feathers, cutting, grinding, denaturing, freezing, and packaging. Minimal processing does not include heat treating, rendering, or mixing with other ingredients such as vitamins or minerals.

(3)   License application. A person applying for an annual license under sub. (1) shall submit an application on a form provided by the department. The application shall include all of the following:

(a) The name and business address of the applicant.

(b) The address of each business location in this state at which the applicant engages in activities for which a license is required under sub. (1) .

(c) The license fees required under sub. (4) .

(d) The inspection fees and feed tonnage report required under s. 94.72 (6) , Stats. A feed manufacturer is not required to pay inspection fees on either of the following:

1. Grain used in a mill formulated feed if that grain is owned and provided by the final retail purchaser of that feed.

2. Grain used in a custom-mixed feed.

(e) Other relevant information required by the department.

(4)   License fees. A person required to be licensed under sub. (1) shall annually pay all of the following license fees:

(a) A basic license fee of $25.

(b) A supplementary license fee of $25 for each business location under sub. (3) (b) , except that no supplementary license fee is required for either of the following:

1. A business location which is the applicant's sole business location in this state.

2. A business location at which the applicant engages only in manufacturing or distributing custom-mixed feed to retail purchasers.

(5)   License expires. A license under sub. (1) expires on the last day of February of each year.

(6)   Fees are nonrefundable. License fees under sub. (4) and inspection fees under s. 94.72 (6) , Stats., are nonrefundable, and may not be prorated for any part of a license year.

(7)   License not transferable. A license under sub. (1) is not transferable between persons or business locations. Before a license holder engages in any activity for which a license is required under sub. (1) at any business location which the license holder has failed to identify under sub. (3) (b) , the license holder shall identify that business location to the department and shall pay any supplementary license fee required for that location under sub. (4) (b) .

Cr. Register, September, 1996, No. 489 , eff. 10-1-97; CR 07-116 : cr. (2) (e) Register November 2008 No. 635 , eff. 12-1-08.

Note

You may obtain a commercial feed license application by writing The Wisconsin Department of Agriculture, Trade and Consumer Protection, Feed Section at P.O. Box 8911, Madison, WI 53708-8911. Microsoft Windows NT 6.1.7601 Service Pack 1