97.20 Dairy plants.
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97.20 Dairy plants.
(1)Definitions. In this section:
(a)“Dairy plant” means a processing plant, receiving station, or transfer station.
(b)“Dairy product” means any of the following:
1. Milk or any product or by-product derived solely from milk.
2. Hooved or camelid mammals’ milk or any product or by-product derived solely from hooved or camelid mammals’ milk.
3. An item that meets a definition or standard of identity under 21 CFR 131 , 133 , 135.3 to 135.140 , or 184.1979 or under 21 USC 321a or 321c .
4. An item that fails to meet a definition or standard of identity specified in subd. 3. solely because the item contains hooved or camelid mammals’ milk or milk from goats or sheep instead of or in addition to milk from cows.
5. A product that is ready to eat, sell, distribute, or market and that is made solely of 2 or more of the items under subds. 1. to 4.
(c)“Fluid milk product” has the meaning given under s. 97.24
(ar).
(d)“Grade A dairy plant” means a dairy plant required to hold a permit under sub.
(3).
(e)“Grade A milk” has the meaning given under s. 97.24
(b).
(f)“Grade A milk product” has the meaning given under s. 97.24
(c).
(fg)“Hooved or camelid mammal” includes water buffalo, yaks, and other bovine species; camels, llamas, alpacas, and other camelid species; and horses, donkeys, and other equine species.
(fm)“Hooved or camelid mammals’ milk” means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hooved or camelid mammals.
(gm)“Milk producer” has the meaning given in s. 97.22
(f).
(h)“Processing plant” means a facility engaged in pasteurizing or manufacturing dairy products, or processing dairy products into other dairy products, for sale or distribution.
(i)“Receiving station” means a facility which is designed for the receipt and bulk storage of milk, and which is used to receive or store milk in bulk. “Receiving station” does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.
(j)“Transfer station” means a facility which is designed and used solely to transfer milk from one bulk transport vehicle to another without intervening storage.
(2)Dairy plant license.
(a)License requirement. Except as provided in par.
(e), no person, including this state, may operate a dairy plant without a valid license issued by the department for that dairy plant. A dairy plant license expires on April 30 annually, except that a license issued for a new dairy plant on or after January 30 but before May 1 expires on April 30 of the following year. A dairy plant license is not transferable between persons or locations.
(b)License application. An application for a dairy plant license shall be made on a form provided by the department and shall be accompanied by each applicable fee required under subs.
(2c)and
(2n)to
(2w). The application shall include all information reasonably required by the department for purposes of licensing. The application shall state whether the dairy plant is a processing plant, receiving station or transfer station, and shall describe the nature of any processing operations conducted at the dairy plant.
(d)Issuance or renewal of license. The department may not issue or renew a dairy plant license unless all of the following conditions are met prior to licensing:
1. The license applicant pays all fees that are due and payable by the applicant under subs.
(2c)to
(2w), 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 licensing under this subsection.
2. The license applicant has filed all financial information required under s. 126.44 and any security required under s. 126.47 . If an applicant has not filed all financial information under s. 126.44 and any security required under s. 126.47 , the department may issue a conditional dairy plant license under s. 93.06
(8)which prohibits the licensed operator from purchasing milk or fluid milk products from milk producers or their agents, but allows the operator to purchase milk or fluid milk products from other sources.
3. If the dairy plant is a new dairy plant, the department has inspected the dairy plant for compliance with this chapter and rules promulgated under this chapter.
(e)License exemptions. A dairy plant license under this section is not required for:
1. A farm manufacturing or processing dairy products solely for consumption by the owner or operator of the farm, or members of the household or nonpaying guests or employees.
2. The retail preparation and processing of meals for sale directly to consumers or through vending machines, if the preparation and processing is covered under a license issued under s. 97.605 .
3. A retail food establishment licensed under s. 97.30 if the establishment processes dairy products solely for retail sale at the establishment.
4. A dairy plant that is exempted from licensing by department rule.
5. A food processing plant licensed under s. 97.29 that processes dairy products into a prepared food that is not a dairy product if the dairy products used by the food processing plant are manufactured at a dairy plant from ingredients that are pasteurized or are produced under other processes that eliminate or reduce to an acceptable level the food safety hazards associated with the dairy products, including aseptically processed foods, high acid foods, heat treated foods, aged foods, cold pack foods, and similarly processed foods.
(f)Added operations. No dairy plant may add a new category of dairy plant operations during the time period for which a dairy plant license was issued unless the dairy plant first notifies the department and obtains written authorization for the new category of operations. In this paragraph, “new category of operations” includes the manufacture or processing of any of the following which was not identified on the dairy plant’s most recent license application:
1. Fluid milk products.
2. Cheese and related cheese products.