1. (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, or issued by an equivalent regulatory agency in another state:

   1. (a) Weigh or measure milk, for payment purposes.
   2. (b) Collect test samples of milk required under s. ATCP 65.38.
2. (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., and has passed a field inspection administered by the department or another regulatory agency that grants bulk milk weigher and sampler licenses, within the previous 24 months.

3. (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:

   1. (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.
   2. (b) Pass a written examination administered by the department.
   3. (c) Pass a field inspection administered by the department, within 21 days of passing the written examination.
4. (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. (5) License expiration.

   1. (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.
   2. (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. (6) License and reinspection fees.

   1. (a) License fee. An applicant for a bulk milk weigher and sampler license shall pay a biennial license fee of $75. This fee is effective any date on or after November 1, 2025.
   2. (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 $75. 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. This fee is effective any date on or after November 1, 2025.
   3. (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. (7) License renewal. A person applying to renew a bulk milk weigher and sampler license shall be required to do all of the following:

   1. (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.
   2. (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. (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 30 days after the department receives a complete renewal application.

History

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; CR 24-086: am. (1) (intro.), (2), (6) (a), (b), (8), r. (9) to (11) Register October 2025 No. 838, eff. 11-1-25; correction in (6) (a), (b) made under s. 13.92 (4) (b) 14., Stats., Register October 2025 No. 838.