Wisconsin Legislature: ATCP 65.01(59)

(37) “Milk component test” means a test that determines the amount of milkfat, protein, total solids, solids-not-fat, or other components in milk, and that may affect the price that a dairy plant operator, including a milk contactor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, pays a milk producer for milk.

(38) “Milk component testing device” means an automated testing device used to perform milk component tests.

(39) “Milk contact surfaces” means all surfaces of equipment or utensils that may come in contact with milk, or from which liquids may drain, splash, or be drawn into milk.

(40) “Milk contractor” means a milk contractor, as defined in s. 126.40 (8), Stats., that may submit a milk producer license application on behalf of a milk producer and thereby certify that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.

(41) “Milk producer” means a milk producer as defined in s. 97.22 (1) (f), Stats.

(42) “Milk quality test” means a bacteria count, somatic cell count, drug residue test, milk component test, or other analytical test, that is used to determine compliance with milk quality standards under s. ATCP 65.70 or 65.74 or that may affect the price that a dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, pays a milk producer for milk.

(43) “Milkhouse” means an enclosed facility, separated from the milking barn or parlor by a self-closing door, in which milk is cooled or stored and in which equipment and utensils are cleaned, sanitized, and stored. “Milkhouse” includes a milkhouse sharing one or more walls with a milking barn or parlor.

(44) “Milking and milk handling system” means an automated system, and all components of that system, used to draw milk from milking animals or to transport milk to a bulk tank or other container on a dairy farm. “Milking and milk handling system” includes C-I-P milking equipment and C-I-P milk pipelines.

(45) “Milking animals” means all of the following:

(a) Cows, sheep, and goats.

(b) Other hooved or camelid mammals whose milk is collected and distributed for human consumption.

(46) “Milking barn” means a roofed and enclosed facility, other than a milking parlor, in which milking animals are milked on a dairy farm.

(47) “Milking parlor” means either of the following:

(a) A roofed and enclosed facility that is designed and used year-round exclusively for the milking of milking animals, and that is not designed or used to house any animals.

(b) A seasonal facility constructed without walls that is used exclusively for the milking of milking animals and that is not designed or used to house any animals.

(48) “Multi-use package” means a returnable bottle or other package that is designed for repeated use.

(49) “Package” means a container or wrapping, having one or more product contact surfaces, that is designed or used to enclose a dairy product sold or shipped from a dairy plant. “Package” includes package covers and other package components. “Package” includes all of the following:

(a) A returnable bottle or other multi-use package.

(b) A single-service package.

(c) A bulk or shipping container, other than a bulk milk tanker, that has one or more product contact surfaces and is used for the sale or shipment of a dairy product from a dairy plant.

(50) “Pasteurize” and “pasteurization” means to thermally process every particle of a dairy product in properly designed and operated equipment according to subch. IV, in order to destroy pathogenic microbes in that dairy product. “Pasteurize” includes batch pasteurization, HTST pasteurization, HHST pasteurization, UHT pasteurization, and other equally effective pasteurization processes that are approved by the division in writing.

(51) “PMO” means the Grade A Pasteurized Milk Ordinance, 2013 revision, published by the United States department of health and human services, public health service, food and drug administration.

(52) “Person” means an individual, partnership, firm, cooperative, association, or any other business unit or entity.

(53) “Potable water” means water that meets the microbiological standards in ch. NR 809.

(54) “Potentially hazardous food” has the meaning given in Section 1-201-10 (B) (66), ch. ATCP 75 Appendix (Wisconsin Food Code).

(55) “Processing” means pasteurizing, manufacturing, blending, or packaging dairy products, or cooling dairy products previously treated by one of the preceding unit operations.

(56) “Processing plant” means a dairy plant at which dairy products are processed.

(57) “Procure milk” means to buy milk or acquire the right to market milk from a milk producer licensed under this chapter.

(58) “Product contact surface” means a surface of equipment or a surface of a utensil or package with which a dairy product normally comes in direct contact, or from which materials may drain, drip, or be drawn into a dairy product.

(59) “Qualified facility” has the meaning given in 21 CFR 117.3.

(60) “Receive milk from a milk producer” means to receive milk for which payment will be made to a milk producer, or a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.

(61) “Receiving station” means a facility that is designed for the receipt and bulk storage of milk and 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.

(62) “Recombined dairy product” means a dairy product created by recombining separated dairy product components.

(63) “Reconstituted dairy product” means a dairy product created by restoring water to dehydrated dairy product ingredients.

(64) “Reinspection” means any of the following:

(a) A dairy farm inspection, other than a regularly scheduled inspection under s. ATCP 65.910 (2) or 65.912, the division makes in response to a key violation.

(b) A dairy farm inspection, other than a regularly scheduled inspection under s. ATCP 65.910 (2) or 65.912, for which a fee is chargeable under s. ATCP 65.70 (2) (g), 65.72 (10), 65.920 (4), 65.920 (7), or 65.922 (2) (c).

(c) A dairy plant inspection, other than a regularly scheduled inspection under s. ATCP 65.930 (2), that the division makes in response to a violation for which a fee is chargeable under s. ATCP 65.04 (11).

(65) “Safe temperatures”, as applied to refrigerated potentially hazardous foods means temperatures of 45° F. (7° C.) or below. As applied to heated, potentially hazardous foods, “safe temperatures” means temperatures of 135° F. (57° C.) or above. As applied to frozen foods, “safe temperatures” means temperatures of 0° F. (-17° C.) or below.

(66) “Sanitize” means to destroy pathogens and other microorganisms to the maximum extent practicable, by applying a sanitizer at concentrations in compliance with 21 CFR part 178.1010, or by applying a sanitizing method approved by the division, to an otherwise clean surface.

(67) “Secretary” means the secretary of the department.

(68) “Shipping container” means a box, carton, or similar container in which packaged dairy products are shipped in bulk from a dairy plant.

(69) “Single-service articles” means utensils, including containers or packages, filters, and other articles, that are designed to be used only once before disposal.

(70) “Standard of identity” means a dairy product standard of identity in 21 CFR 131, 133, 135.3, 135.110 to 135.140, 168.122, 184.1979, 184.1979a, and 184.1979c; or in 21 USC 321a and 321c.

(71) “Transfer station” means a facility that is designed and used solely to transfer milk from one bulk transport container to another without intervening storage.

(72) “UHT” means ultra-high temperature.

(73) “Utensil” means any hand-held or similarly portable container, device, article, or implement that has one or more milk contact surfaces and is used for any of the following:

(a) To draw milk from milking animals or to transport, hold, strain, handle, or store milk on a dairy farm.

(b) To process or handle milk or dairy products at a dairy plant.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (10) made under s. 13.92 (4) (b) 7., Stats., and correction in (42), (70) made under s. 35.17, Stats., Register August 2016 No. 728

ATCP 65.02 Milk producer licenses and permits; fees.

(1) Milk producer license requirement.

(a) No person may operate as a milk producer offering milk for sale without an annual license from the department for each farm operated, as provided under s. 97.22 (2), Stats. A license expires on April 30 of each year. Whenever the department first issues a milk producer license, that license shall bear a livestock premises code issued under s. ATCP 17.02 (7) for the dairy farm associated with the milk producer license. A license is not transferable between persons or dairy farms. As a condition to licensing, a milk producer shall comply with applicable provisions of this chapter.

(b) A separate license is required for any of the following:

1. Each species of milking animal milked by each milk producer on a dairy farm.

2. Each dairy farm operated by a milk producer at which milk is produced and offered for sale.

3. Each dairy plant, if a milk producer is shipping milk to more than one dairy plant, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.

(2) License application; renewal.

(a) General. A license application, signed by the milk producer, shall be made on a form provided by the department and shall include the information that is required under s. ATCP 17.02 (4) for the purpose of livestock premises registration. A dairy plant operator, milk contractor, or their representative, after inspecting the dairy farm under s. ATCP 65.910 (1), shall submit the application on behalf of the milk producer and shall certify that the dairy farm and milking operations comply with applicable requirements under this chapter. An annual license may be renewed each year upon payment of the required fees under sub. (4), without further application by the milk producer, provided the milk producer is registered under s. ATCP 17.02 (4).

(b) Action on license application. Within 15 days after the department receives a complete license application under par. (a), the department shall do any of the following:

1. Grant the application.

2. Deny the application.

3. Issue a temporary license under par. (c).

(c) Temporary license. The department may issue a temporary license, for a period not to exceed 40 days, pending final action on a milk producer’s application for an annual milk producer license. The department shall grant or deny the annual license application before the temporary license expires. If the department denies the annual license application before the temporary license expires, the temporary license is automatically terminated when the producer receives written notice of the denial. The holder of a temporary license acquires no rights beyond those conferred by the temporary license under this paragraph.

(3) Pre-license inspection.

(a) A division representative, on behalf of the department, may inspect a dairy farm, as the division deems necessary, before issuing a license to a milk producer. If the dairy farm does not meet the minimum standards required for licensing, the department shall deny the license application.

(b) Automated milking installations must be reviewed and approved by a division representative before a milk producer license is issued by the department.

(4) License fee.

(a) The annual fee for a milk producer license under this section is $30.

(b) A dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, shall pay the annual milk producer license fee under this section by April 30 of each year for each dairy farm from which the dairy plant operator receives milk on that date.

1. A dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, who pays a milk producer license fee, under par. (a), may charge that fee back to a milk producer if the dairy plant operator gives prior written notice to the milk producer, but the dairy plant operator may not deduct the fee from any payment that the dairy plant operator owes the milk producer for milk received by the dairy plant operator. A dairy plant operator may not discriminate between milk producers with respect to fee charges under this paragraph, but may charge back license fees to all milk producers who cease shipping milk to the operator’s dairy plant during the license year.

2. The license fee in this subsection is non-refundable.

(5) Denial of license application. If the department denies a milk producer’s application for a license under this section, the department shall issue the denial in writing and shall state the reasons for the denial. The denial notice shall include a notice of the applicant’s right to hearing under s. ATCP 65.928. If a division representative inspects the applicant’s dairy farm, the division representative may deny the application by noting the denial on the inspection report given to the producer, provided that the inspection report includes the required information under this subsection.

(6) Transfer between dairy plants. A dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, shall notify the department in writing within 3 business days after any of the following occurs:

(a) The dairy plant operator begins receiving milk shipments from a licensed producer who has previously shipped milk to another dairy plant. No new license is required.

(b) A licensed producer is re-assigned, for licensing purposes under this section, to that dairy plant.

(7) Milk producer shipping milk to more than one dairy plant. A milk producer may concurrently ship milk to more than one dairy plant, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, if the milk producer is assigned, for licensing purposes under this section, to each dairy plant. Each dairy plant’s operator shall do all of the following on behalf of the milk producer:

(a) Pay the producer’s annual license fees under this section.

(b) Pay the producer’s reinspection fees, if any, under s. ATCP 65.04.

(c) Fulfill other dairy plant operator obligations under this subchapter, if any, related to the milk producer’s license or grade A producer permit.

(8) Milk produced for custom processing. A dairy plant operator shall take ownership and market a milk producer’s milk unless the dairy plant operator is deemed to be custom processing a producer’s milk and all of the following apply:

(a) The dairy plant operator, on behalf of the milk producer, makes that milk into dairy products.

(b) The milk producer retains title to that milk and to all of the dairy products made from that milk.

(c) The dairy plant operator does not market that milk, or the dairy products made from that milk, but promptly returns the dairy products to the milk producer or the milk producer’s agent for consumption or marketing.

(d) The dairy plant operator does not commingle milk produced by that milk producer with other milk.

(e) The dairy plant operator provides the custom processing services pursuant to a written agreement with the milk producer or the milk producer’s agent. The agreement shall clearly state that the milk producer retains title to all of the custom processed milk and dairy products and that the milk producer’s milk shipments under the custom processing agreement are not secured under ch. 126, Stats.

(f) The milk producer ships, for custom processing under this subsection, not more than 50 percent of the producer’s milk production in any month.

(g) The dairy plant operator custom processes not more than a total of 5 million pounds of milk from all milk producers entering into written agreements with the dairy plant operator, under par. (e), in any month.

(h) The milk producer or the milk producer’s agent notifies the division of the custom processing agreement before shipping milk to the dairy plant operator for custom processing under this subsection and annually thereafter, and simultaneously notifies the dairy plant operator to whom the producer is assigned for licensing purposes, under par. (a), if that dairy plant operator is not the one providing the custom processing services.