Setting Up a Manufacturing Relationship in Wisconsin

Establishing a manufacturing relationship in Wisconsin requires careful attention to state-specific regulations, contractual obligations, and liability considerations. Wisconsin manufacturers must comply with both federal standards and state-specific requirements regarding environmental regulations, worker safety, and business licensing.

Before finalizing any manufacturing agreement in Wisconsin, it's crucial to clearly define quality standards, production timelines, intellectual property rights, and termination conditions in a comprehensive written contract. Failure to address these elements can lead to costly disputes and potential business disruptions.

Key Considerations

Established Company Expanding Supply Chain

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Startup Founder with Innovative Product

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Small Business Owner

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Relevant Documents

Intellectual Property Assignment Agreement

Ensures that any intellectual property created during the manufacturing process belongs to you rather than the manufacturer. This is particularly important if the manufacturer will be developing custom processes or designs.

Manufacturing Agreement

This is the primary contract that governs the relationship between you and the manufacturer. It outlines the terms of the manufacturing arrangement, including production specifications, quality standards, delivery schedules, pricing, payment terms, and duration of the relationship.

Non-Disclosure Agreement

Protects your confidential information, trade secrets, and intellectual property that you may need to share with the manufacturer during the course of your relationship. This should be signed before detailed discussions begin.

Quality Control Agreement

Specifies the quality standards, testing procedures, and acceptance criteria for the manufactured products. This document helps ensure that the manufacturer meets your quality requirements.

Supply Chain Agreement

Outlines the logistics of the manufacturing relationship, including raw material sourcing, inventory management, shipping arrangements, and delivery schedules.

Termination and Transition Agreement

Outlines the procedures and responsibilities in case the manufacturing relationship ends, including return of materials, transfer of production to another manufacturer, and handling of remaining inventory.

Tooling Agreement

Addresses ownership, maintenance, and usage rights for any specialized tools, molds, or equipment created or purchased specifically for manufacturing your products.

Relevant Laws

Wisconsin Fair Dealership Law (WFDL)

This law protects dealers, distributors, and other grantees of dealerships from unfair treatment by grantors. For manufacturing relationships, it requires good cause for termination and proper notice periods. Manufacturers must understand these protections when establishing distribution relationships in Wisconsin.

Wisconsin Uniform Commercial Code (UCC)

Governs commercial transactions including manufacturing and supply agreements. Particularly important are Article 2 (sales of goods) and Article 9 (secured transactions). Manufacturing relationships should have clear contracts addressing terms, warranties, and remedies in compliance with Wisconsin's UCC provisions.

Wisconsin Environmental Regulations

Manufacturing operations must comply with Wisconsin Department of Natural Resources (DNR) regulations regarding air emissions, wastewater discharge, and waste management. New manufacturing facilities may require permits depending on the nature of operations and potential environmental impacts.

Wisconsin Worker's Compensation Act

Manufacturers operating in Wisconsin must provide worker's compensation insurance for employees. This law establishes the rights and responsibilities of employers and employees regarding workplace injuries and illnesses, which is particularly relevant in manufacturing settings.

Wisconsin Business Corporation Law

Governs the formation and operation of corporations in Wisconsin. Manufacturers establishing a corporate presence need to comply with registration requirements, annual reporting, and corporate governance provisions under this law.

Wisconsin Trade Secrets Act

Protects confidential business information and manufacturing processes. When establishing manufacturing relationships, this law is relevant for protecting proprietary information through appropriate non-disclosure agreements and confidentiality provisions.

Regional Variances

Major Metropolitan Areas

Milwaukee has additional local permitting requirements for manufacturing facilities, including stricter environmental compliance standards than the rest of Wisconsin. Manufacturers must complete a Milwaukee Industrial Waste Discharge Permit if their operations will discharge wastewater. The city also has specific zoning designations for manufacturing with different classifications based on the type and intensity of manufacturing activities.

Madison requires manufacturers to comply with additional sustainability requirements not found elsewhere in Wisconsin. New manufacturing facilities must submit a sustainability plan addressing energy efficiency, waste reduction, and transportation impact. The city also offers tax incentives for manufacturers who exceed minimum environmental standards or create a certain number of living-wage jobs.

Industrial Corridors

Racine County, particularly with the Foxconn development, has established specialized economic zones with unique tax incentives and regulatory frameworks for manufacturers. The county has streamlined permitting processes for manufacturers in designated industrial parks and offers additional workforce development resources through partnerships with local technical colleges.

Brown County has specific regulations related to manufacturing that interfaces with its significant paper industry and port facilities. Manufacturers using the Port of Green Bay have access to Foreign Trade Zone benefits that may not be available elsewhere in the state. The county also has specialized permitting processes for manufacturers dealing with certain types of industrial byproducts.

Rural Manufacturing Areas

Eau Claire County offers enhanced tax incentives for manufacturers establishing operations in rural parts of the county. The county has fewer restrictions on operating hours and noise levels compared to urban areas in Wisconsin, but may have additional requirements related to groundwater protection due to the agricultural nature of surrounding areas.

Marathon County has specific regulations for manufacturers related to its significant agricultural economy. Manufacturers processing agricultural products face different permitting requirements than other types of manufacturing. The county also has unique road weight restrictions that may affect transportation logistics for manufacturing operations, particularly during spring thaw periods.

Suggested Compliance Checklist

Research Wisconsin Manufacturing Regulations

1 days after starting

Before establishing a manufacturing relationship in Wisconsin, research state-specific regulations that may affect your operations. This includes understanding Wisconsin's manufacturing tax credits, environmental regulations, and labor laws. The Wisconsin Economic Development Corporation (WEDC) and Department of Natural Resources (DNR) websites are good starting points.

Draft Manufacturing Agreement

14 days after starting

Create a comprehensive manufacturing agreement that outlines the terms of the relationship, including production specifications, pricing, delivery schedules, and quality standards. Ensure it complies with Wisconsin contract law and includes provisions for dispute resolution within Wisconsin jurisdiction.

Document: Manufacturing Agreement

Draft Non-Disclosure Agreement

7 days after starting

Prepare an NDA to protect confidential information exchanged during the manufacturing relationship. Wisconsin follows general contract principles for NDAs, but be specific about what constitutes confidential information and the duration of confidentiality obligations.

Document: Non-Disclosure Agreement

Draft Quality Control Agreement

21 days after starting

Develop a quality control agreement that establishes testing procedures, acceptance criteria, and remedies for non-conforming products. Reference applicable Wisconsin and federal quality standards relevant to your industry.

Document: Quality Control Agreement

Draft Supply Chain Agreement

28 days after starting

Create a supply chain agreement that addresses logistics, inventory management, and supply chain disruptions. Include provisions that comply with Wisconsin's Uniform Commercial Code provisions regarding the sale of goods.

Document: Supply Chain Agreement

Draft Intellectual Property Assignment Agreement

35 days after starting

Prepare an IP assignment agreement that clearly establishes ownership of any intellectual property created during the manufacturing relationship. Ensure it complies with both Wisconsin and federal intellectual property laws.

Document: Intellectual Property Assignment Agreement

Obtain Product Liability Insurance

42 days after starting

Secure appropriate product liability insurance coverage that meets Wisconsin requirements. Request a certificate of insurance from your provider and ensure coverage limits are adequate for your specific manufacturing activities and risk profile.

Document: Product Liability Insurance Certificate

Draft Tooling Agreement

49 days after starting

Create a tooling agreement that addresses ownership, maintenance, and replacement of manufacturing tools and equipment. Specify whether tools are on loan or being purchased, and include provisions for their return or disposal at the end of the relationship.

Document: Tooling Agreement

Draft Termination and Transition Agreement

56 days after starting

Develop an agreement outlining the process for terminating the manufacturing relationship and transitioning to another manufacturer if needed. Include notice periods, final orders, and the handling of materials and intellectual property.

Document: Termination and Transition Agreement

Register with Wisconsin Department of Revenue

21 days after starting

Register your business with the Wisconsin Department of Revenue for tax purposes. Determine if you need to collect sales tax on manufactured goods and understand any available manufacturing tax incentives or exemptions.

Obtain Required Business Licenses

28 days after starting

Research and obtain all necessary business licenses and permits required for manufacturing operations in Wisconsin. Requirements vary by location and industry, so check with both state agencies and local municipalities where the manufacturing will take place.

Comply with Wisconsin Environmental Regulations

42 days after starting

Ensure compliance with Wisconsin Department of Natural Resources (DNR) environmental regulations. This may include obtaining air and water permits, waste management plans, and documenting compliance with state environmental standards.

Document: Environmental Compliance Documentation

Review Wisconsin Workplace Safety Requirements

35 days after starting

Familiarize yourself with Wisconsin's workplace safety requirements, which include both state-specific regulations and federal OSHA standards. Develop safety protocols and training programs that comply with these requirements.

Establish Compliance Monitoring System

63 days after starting

Create a system to monitor ongoing compliance with Wisconsin regulations. This should include regular audits, documentation procedures, and assignment of compliance responsibilities to specific team members.

Obtain Compliance Certification

70 days after starting

Depending on your industry, obtain necessary compliance certifications for your manufacturing processes or products. This may include industry-specific certifications or general ISO certifications that demonstrate adherence to quality and safety standards.

Document: Compliance Certification

Frequently Asked Questions

Yes, manufacturing businesses in Wisconsin typically require several permits and licenses. These may include: general business licenses, environmental permits from the Wisconsin Department of Natural Resources (especially for operations involving waste, emissions, or water discharge), building permits for your facility, fire safety inspections, and potentially industry-specific permits depending on what you're manufacturing. Contact the Wisconsin Economic Development Corporation (WEDC) for guidance on required permits for your specific manufacturing operation.

Wisconsin has comprehensive environmental regulations administered by the Department of Natural Resources (DNR). Manufacturers must comply with air quality standards, wastewater discharge permits, hazardous waste management rules, and solid waste disposal regulations. The state follows federal EPA guidelines but may have additional requirements. New manufacturers should conduct an environmental impact assessment before beginning operations and may need to implement pollution control technologies. The DNR offers compliance assistance programs specifically for small manufacturers.

Wisconsin manufacturers must comply with both federal and state employment laws. Key considerations include: minimum wage requirements ($7.25/hour as of 2023), overtime regulations, workplace safety standards (OSHA and Wisconsin-specific), worker's compensation insurance (mandatory), unemployment insurance contributions, and anti-discrimination laws. Manufacturing environments often have specific safety requirements, so develop comprehensive safety protocols and training programs. Wisconsin is also a 'right-to-work' state, which affects how you can structure union relationships.

Yes, Wisconsin offers several tax incentives for manufacturers. The Manufacturing and Agriculture Credit can significantly reduce or eliminate state income tax on manufacturing profits. The state also provides property tax exemptions for manufacturing machinery and equipment, sales tax exemptions for materials used in manufacturing processes, and various tax credits for job creation, capital investment, and research activities. The Wisconsin Economic Development Corporation (WEDC) administers many incentive programs and can help determine which ones apply to your specific manufacturing operation.

Manufacturing contracts in Wisconsin should clearly address: product specifications and quality standards, pricing and payment terms, delivery schedules and logistics, warranties and limitations of liability, intellectual property rights, confidentiality provisions, dispute resolution procedures, and termination conditions. Wisconsin follows the Uniform Commercial Code (UCC) for sales of goods, which provides default rules, but explicit contract terms will generally override these defaults. Consider including force majeure clauses to address supply chain disruptions and specify which state's laws govern the contract (especially important for interstate relationships).

Manufacturing businesses in Wisconsin typically need several types of insurance: general liability insurance, product liability insurance (especially important for manufacturers), property insurance, business interruption insurance, workers' compensation insurance (mandatory in Wisconsin), commercial auto insurance for company vehicles, equipment breakdown coverage, and potentially environmental liability insurance depending on your operations. Wisconsin manufacturers handling hazardous materials or producing consumer goods face higher liability risks and should consider higher coverage limits. Work with an insurance broker experienced in manufacturing to develop a comprehensive risk management plan.

Wisconsin zoning laws vary by municipality but generally designate specific areas for industrial and manufacturing use. Before purchasing or leasing property, verify the zoning classification allows your specific type of manufacturing. Some considerations include: proximity to residential areas (which may restrict operating hours or noise levels), environmental impact requirements, building code compliance, parking and loading requirements, and waste management facilities. Some municipalities offer special manufacturing districts with infrastructure advantages. Contact the local zoning office or economic development department early in your planning process to understand restrictions and potential variance procedures.

Wisconsin offers numerous resources for new manufacturers: The Wisconsin Manufacturing Extension Partnership (WMEP) provides consulting and implementation services; the Wisconsin Economic Development Corporation (WEDC) offers financial assistance programs and site selection help; Wisconsin Technical College System provides workforce training programs; the University of Wisconsin system offers research partnerships and technology transfer; regional economic development organizations can provide local assistance; and industry associations like Wisconsin Manufacturers & Commerce offer networking and advocacy. Additionally, the Small Business Development Centers throughout the state provide free consulting services specifically for small manufacturers.