License Application And Fees

(1) Applicants for any license under this chapter must submit required information on forms provided by the department, which may include: (a) Name of the applicant; (b) Date of birth of any applicant who is an individual or a partner in a general partnership; (c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity; (d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of principal place of business; (e) Address of location to be licensed; and (f) Other information as required by the department. (2) Applicants for a license shall include with their application payment of an annual license fee as appropriate for the following categories of licenses. (a) Plants Receiving Fluid Milk or Cream. Every dairy products plant or trade products plant that receives primarily milk or cream for manufacturing, processing, or packaging of its products shall pay an annual license fee based on the plant’s period of operation and combined weight of milk and cream received during the previous calendar year (January 1–December 31). The fee shall be determined under T.C.A. § 43-1-703(f) according to the following schedule. 1. Up to 10,000 pounds of milk and cream received and plant operated less than six months: Tier 5 fee. 2. Up to 10,000 pounds of milk and cream received and plant operated six months or more: Tier 9 fee. 3. 10,001 to 1,000,000 pounds of milk and cream received: Tier 10 fee. 4. 1,000,001 to 30,000,000 pounds of milk and cream received: Tier 11 fee. 5. More than 30,000,000 pounds of milk and cream received: the license fee shall be determined by dividing the total pounds of milk and cream received by 30,000,000 pounds, and multiplying the dividend by a Tier 11 fee. (b) Plants Not Receiving Milk or Cream. Every dairy products plant or trade products plant that does not receive primarily milk or cream for manufacturing, processing, or packaging of its products shall pay an annual license fee based on the plant’s output of dairy and trade products during the previous calendar year (January 1–December 31). The fee shall be determined under T.C.A. § 43-1-703(f) according to the following schedule. 1. Up to 10,000 pounds of product manufactured, processed, or packaged: Tier 5 fee. DAIRY CHAPTER 0080-04-02 2. 10,001 to 1,000,000 pounds of product manufactured, processed, or packaged: Tier 10 fee. 3. 1,000,001 to 30,000,000 pounds of product manufactured, processed, or packaged: Tier 11 fee. 4. More than 30,000,000 pounds of product manufactured, processed, or packaged: the license fee shall be determined by dividing the total pounds of product manufactured, processed, or packaged by 30,000,000 pounds, and multiplying the dividend by a Tier 11 fee. (c) Frozen Dessert Manufacturer. The annual fee for a frozen dessert manufacturer license is determined based on the volume of mix used by the applicant during the previous calendar year (January 1–December 31), provided that $200 shall be the minimum fee for any frozen dessert manufacturer license issued by the department. 1. Up to 5,000 gallons and manufacturer operated less than six months: Tier 5 fee. 2. Up to 5,000 gallons and manufacturer operated six months or more: Tier 9 fee. 3. More than 5,000 gallons up to 100,000 gallons: Tier 10 fee. 4. More than 100,000 gallons up to 1,650,000 gallons: Tier 11 fee. 5. More than 1,650,000 gallons: the license fee shall be determined by dividing the volume of mix used by 1,650,000 gallons, and multiplying the dividend by a Tier 11 fee. (d) Distributor. The annual fee for a distributor license is a Tier 1 fee multiplied by the number of trucks used by the applicant for distribution of dairy products, trade products, or frozen desserts during the previous calendar year (January 1–December 31). (e) Sampler. The annual fee for a sampler license is a Tier 1 fee. However, no license fee is required for a sampler employed exclusively by a licensed dairy products plant, trade products plant, or frozen dessert manufacturer. (f) Tester. The annual fee for a tester license is a Tier 2 fee. However, no license fee is required for a tester employed exclusively by a licensed dairy products plant, trade products plant, or frozen dessert manufacturer. (g) Dairy Farm. A dairy farm permit is required annually for any person who produces bulk milk or dairy products in commerce. Annual fees for dairy farm permits are not required. (3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including any change of contact information. (4) Licenses issued under this chapter expire on June 30 of the licensing cycle for which they are issued. Applicants for renewal must submit to the department on or before the following July 1 payment of the annual license fee. If an applicant for renewal fails to pay the annual license fee by the following July 16, the applicant shall also be required to pay a 50% late charge for the license prior to its renewal. (5) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule. DAIRY CHAPTER 0080-04-02