126.56 Vegetable contractors; licensing.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)License required.

(a)Except as provided in sub.

(2), no person may operate as a vegetable contractor without a current annual license from the department.

(b)A license under par.

(a)expires on the January 31 following its issuance. No person may transfer or assign a license issued under par.

(a).

(2)Exempt contractors. The following vegetable contractors are exempt from licensing under sub.

(1):

(a)A vegetable contractor who procures vegetables primarily for unprocessed, fresh market use and is licensed under the federal Perishable Agricultural Commodities Act, 7 USC 499a to 499t .

(b)A restaurant or other retail food establishment that procures processing vegetables solely for retail sale at the restaurant or other retail food establishment.

(c)A vegetable contractor who spends less than $15,000 per license year to procure processing vegetables from vegetable producers and producer agents.

(3)License application. A vegetable contractor shall apply for a license under sub.

(1)in writing, on a form provided by the department. The applicant shall provide all of the following:

(a)The applicant’s legal name and any trade name under which the applicant proposes to operate as a vegetable contractor.

(b)A statement of whether the applicant is an individual, a corporation, a partnership, a cooperative, an unincorporated cooperative association, a limited liability company, a trust, or other legal entity. If the applicant is a corporation, a cooperative, or an association, the application shall identify each officer of the corporation or cooperative. If the applicant is a partnership, the application shall identify each partner.

(c)The mailing address of the applicant’s principal business location and the name of a responsible individual who may be contacted at that address.

(d)The street address of each business location from which the applicant operates as a vegetable contractor in this state and the name of a responsible individual who may be contacted at each location that is staffed.

(e)All license fees and surcharges required under sub.

(4).

(g)A financial statement if required under s. 126.58

(1)and not yet filed.

(h)Other relevant information required by the department.

(4)License fees and surcharges. A vegetable contractor applying for a license under sub.

(1)shall pay the following fees and surcharges in amounts that the department specifies by rule:

(a)A nonrefundable basic license fee.

(b)A fee based on the amount of contract obligations reported under sub.

(a), less any credit provided under sub.

(6), except that this paragraph does not apply to a vegetable contractor to whom par.

(f)applies.

(c)A license surcharge if the department determines that, within 365 days before submitting the license application, the applicant operated as a vegetable contractor without a license in violation of sub.

(1). The applicant shall also pay any license fees, license surcharges, and fund assessments that are still due for the license year in which the applicant violated sub.

(1).

(d)A license surcharge if during the preceding 12 months the applicant failed to file an annual financial statement required under s. 126.58

(b)by the applicable deadline.

(e)A license surcharge if a renewal applicant fails to renew a license by the license expiration date of January 31.

(f)A fee if the vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with s. 126.595

(1).

(4m)Effect of payment of surcharge. Payment of a license surcharge under sub.

(c)does not relieve the applicant of any other civil or criminal liability that results from the violation of sub.

(1), but does not constitute evidence of any law violation.