Wisconsin Legislature: ATCP 65.24(13)(a)

9. There are no cross-connections between reclaimed water lines and any public or private water system.

10. Reclaimed water from membrane processing of unpasteurized milk or unpasteurized dairy products shall be heat-treated for a time and at a temperature providing at least the same lethality against microorganisms as milk pasteurization.

(c) Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:

1. The reclaimed water meets all conditions under par. (b) 1., 2., 4. to 7., and 9.

2. The reclaimed water is used only on the day that it is reclaimed, except that reclaimed water may be stored for later use if it is automatically maintained at a temperature of not less than 145° F. (63° C.), or is chemically treated to suppress bacterial propagation. Chemical treatments shall comply with par. (b) 6.

3. Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water.”

4. The dairy plant operator posts clear instructions for the use of the reclaimed water. The operator shall post the instructions so that they will be seen by persons using the reclaimed water, and the instructions shall be written in such a way that they will be understood by the persons using the reclaimed water. The instructions shall disclose the limited purposes for which the reclaimed water may be used.

5. Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. If a water line is temporarily connected to a dairy product vessel, there shall be an atmospheric break and automatic controls to prevent the reclaimed water from contacting dairy products.

(d) Reclaimed water that does not qualify for use, under par. (b) or (c), may only be used as boiler feedwater.

(10) Plumbing system; disposal of sewage and liquid waste.

(a) All dairy plant plumbing, plumbing fixtures, and equipment shall comply with state and local plumbing codes and shall be designed, installed, and maintained to prevent backflow, backsiphonage, and cross-connections.

(b) Sewage and liquid waste from a dairy plant shall be removed in a sanitary manner, in compliance with applicable state and local regulations.

Note: Plumbing and plumbing fixtures must comply with applicable rules of the Wisconsin department of safety and professional services under chs. SPS 382 to 386.

(11) Cleaning facilities.

(a) If equipment or utensils in a dairy plant are cleaned or sanitized manually, the dairy plant shall be equipped with wash and rinse sinks that are suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number, and shall comply with all of the following requirements:

1. Every sink shall be constructed of stainless steel or one or more other materials approved by the division.

2. Every sink shall have at least 2 compartments. If a dairy plant is also engaged in food processing as defined under s. 97.29 (2) (b), Stats., every sink installed in a food processing area after December 1, 1994 shall have at least 3 compartments for washing, rinsing, and sanitizing equipment and utensils unless the dairy plant operator uses an alternative method for sanitizing equipment and utensils that the division has approved in writing.

3. Every sink compartment shall be large enough so that the largest item cleaned or sanitized in the sink can be halfway immersed in the sink. Every sink compartment shall be served by hot and cold running water and shall be cleaned prior to each use.

(b) Sinks used to clean and sanitize equipment and utensils may not be used as handwashing sinks.

(c) Brushes and other cleaning tools used to clean equipment and utensils shall be cleaned after each use and sanitized prior to their next use. Single-service disposable towels, if used to clean equipment or utensils, shall be discarded after a single use.

(d) If a mechanical system is used to clean or sanitize equipment or utensils, the mechanical system shall be designed, installed, and maintained so that it is fully effective for the purpose used.

(e) A dairy plant shall be equipped with conveniently located hose connections to facilitate cleaning operations in the dairy plant. When hoses are not in use, they shall be neatly stored off the floor on racks or reels.

(12) Toilet facilities.

(a) Every dairy plant shall have toilet facilities that comply with chs. SPS 361 to 365.

(b) Toilet rooms shall be conveniently located, but shall not open directly into any room where milk or dairy products are processed. Every toilet room shall be completely enclosed and shall have a tight-fitting, solid, self-closing door. The door shall be kept closed except when in use or when the toilet room is being cleaned or repaired.

(c) Toilet rooms and fixtures shall be kept clean, sanitary, and in good repair. A supply of toilet tissue shall be provided at each toilet at all times.

(d) Every toilet room shall be equipped with hand-washing facilities with hot and cold running water, soap, and single-service towels or air hand-drying equipment. Common towels are prohibited. Easily cleanable, covered receptacles shall be provided for waste materials.

(e) One or more conspicuous signs, directing personnel to wash their hands before returning to work, shall be prominently posted in every toilet and dressing room. Signs shall be clearly printed in a language or languages that can be understood by all dairy plant personnel.

(13) Locker and linen facilities.

(a) Clothing and personal items of dairy plant personnel, when not being worn or carried, shall be neatly stored in lockers or comparable facilities provided for that purpose. Clothing and personal items may not be stored in areas where milk, dairy products, or ingredients are received, processed, handled, or stored, or in areas where dairy product containers, equipment, or utensils are cleaned or stored.

(b) Work clothing, when not being worn by dairy plant personnel, shall be stored in an orderly and sanitary manner. Soiled linen and clothing shall be kept in nonabsorbent containers or laundry bags until removed for laundering or disposal. Soiled linen and clothing shall be removed as often as necessary to prevent unsanitary conditions.

(14) Handwashing sinks in processing areas.

(a) Handwashing sinks shall be provided for use by all dairy plant personnel working in each processing room or area. The sinks shall be conveniently accessible, and shall be kept in a clean and sanitary condition.

(b) A supply of soap or detergent, and a sanitary, single-service means for drying hands, shall be provided at each handwashing sink at all times. Common towels are prohibited. If disposable towels are used, a clean, covered waste receptacle shall be provided for their disposal.

(d) A handwashing sink installed to serve a processing area shall be located in that processing area. The sink shall be served by potable tempered water, or by potable hot and cold water delivered through a mixing valve or combination faucet. The sink shall not be hand operated. If a self-closing, slow-closing, or metered faucet is used, the faucet shall provide an uninterrupted flow of water for at least 15 seconds before it becomes necessary to reactivate the faucet.

(e) An automatic handwashing device may be substituted for a handwashing sink under this subsection if the automatic handwashing device operates in a safe and effective manner.

(15) Interior premises; cleanliness. Every room of a dairy plant shall be kept in a clean and orderly condition.

(16) Exterior premises; cleanliness.

(a) The premises surrounding a dairy plant shall be well drained and shall be kept in an orderly condition. The premises shall be kept free of accumulated trash, garbage, excess vegetation, and other objects that may harbor vermin, be a source of airborne dust or dirt, or hold standing water. Driveways and parking lots shall be surfaced or maintained to minimize airborne dust and dirt.

(b) Every outdoor storage tank used for liquid food ingredients shall be located on a drained impermeable surface. All loading and unloading of liquid food ingredients from that storage tank shall be conducted above a drained impermeable surface.

(17) Garbage and solid waste disposal.

(a) Garbage and solid waste shall be removed from the dairy plant premises as often as necessary to keep the premises in a clean and sanitary condition.

(b) Garbage and solid waste storage areas shall be constructed and maintained so that they are easily cleanable and do not attract or harbor insects, rodents, or other animals; do not hold standing water, and are not a source of airborne dust or dirt.

(c) Garbage and solid waste shall be held in durable, leak-proof, easily cleanable, and pest-resistant containers. Containers shall be covered with tight-fitting lids, and shall be cleaned when necessary to prevent unsanitary conditions. Waste containers receiving solid waste from packaging and bottle washing operations may be uncovered, if necessary, when those operations are in progress.

(d) No garbage or solid waste may be burned on the dairy plant premises, except in compliance with state and local regulations. No garbage or solid waste may be burned on the premises if the burning may contaminate dairy products.

(18) Pest control. A dairy plant shall be free of any evidence of insect, rodent, or other pest infestation. A dairy plant operator shall take effective measures to prevent and, if necessary, eradicate pest infestations. No pesticide may be stored, handled, or used in a manner inconsistent with label directions, in a negligent manner, or in a manner that may contaminate dairy products.

Note: Pesticides must be handled, stored, and used in compliance with ss. 94.67 to 94.71, Stats., and ch. ATCP 29.

(19) Construction plans; notification; review. Before constructing, substantially reconstructing, or extensively altering a dairy plant, a dairy plant operator shall provide the division with complete plans and specifications for the construction, reconstruction, or alteration. Within 30 days after a dairy plant operator files plans with the division under this subsection, the division shall return its comments or objections, if any, in writing.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (8) (a), (d) 2. made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.26 Personnel; sanitation standards.

(1) Cleanliness and sanitation; general.

(a) Within a dairy plant, access to processing areas shall be restricted to dairy plant employees and other authorized personnel.

(b) Persons who handle or process dairy products shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods.

(c) Persons who handle or process dairy products shall thoroughly wash their hands before beginning work and before returning to work after using toilet facilities, eating, smoking, or engaging in other activities that may contaminate their hands.

(d) A person with a discharging or infected lesion on a hand or arm may not handle or process unpackaged dairy products without appropriate sanitary protection. Appropriate sanitary protection shall include any of the following:

1. An impermeable bandage on the lesion.

2. Single-use sanitary gloves or, if the lesion is on the arm, a full sleeved garment with tight fitting cuffs.

(e) A person who handles or processes dairy products shall keep his or her fingernails clean and neatly trimmed and shall not wear fingernail polish unless he or she wears sanitary gloves at all times when working.

(f) No person exhibiting reportable symptoms of communicable disease, as defined in ch. ATCP 75 Appendix, 2-201.11 (A) (1), or who has received a reportable diagnosis of communicable disease as defined in ch. ATCP 75 Appendix, 2-201.11 (A) (2) may work in a dairy plant in any capacity that may contaminate dairy products.

(2) Clothing and jewelry.

(a) Whenever any person is in a processing area or is engaged in handling unpackaged milk or dairy products, that person shall wear clean, washable outer garments and an effective hair restraint, including an effective hair restraint for any beard longer than 1/2 inch. Hair restraints may include hair nets, caps, and snoods, but do not include hairsprays, visors, or headbands.

(b) No person may wear any jewelry while working in a processing area or handling unpackaged dairy products. This paragraph does not apply to plain band wedding rings or medical alert necklaces worn under garments and secured by adhesive tape to the inside of undergarments.

(3) Consumption of food and beverages, and use of tobacco. No person may consume food or beverages, or use tobacco in any processing area or in any area where dairy processing equipment, utensils, or packaging materials are cleaned or stored. Employees may not consume food or beverages or use tobacco except in designated areas that are separated from food storage or processing areas. This subsection does not prohibit a sanitary water fountain in a processing area, nor does it prohibit on-line quality control sampling and organoleptic evaluation according to written quality control procedures established by the dairy plant operator.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (1) (f) made under s. 35.17, Stats., Register August 2016 No. 728; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

ATCP 65.28 Equipment and utensils.

(1) Construction and maintenance.

(a) Equipment and utensils, including C-I-P systems, shall be of sanitary design and construction. Equipment and utensils, including C-I-P systems installed after the effective date of this chapter, shall comply with applicable “3-A Sanitary Standards” and “3-A Accepted Practices” listed in ch. ATCP 65 Appendix A.

Note: The “3-A Sanitary Standards” and ”3-A Accepted Practices” listed in Appendix A are published by 3-A Sanitary Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA 22101-3850, telephone (703) 790-0295, website www.3-a.org. Copies are on file with the division and the legislative reference bureau and may be obtained from the ”3-A Sanitary Standards, Inc. Online Store” at http://www.techstreet.com.

(b) Equipment and utensils shall be readily accessible for cleaning and inspection and shall be designed and constructed so that they can be easily cleaned. Equipment and utensils shall be kept clean and in good repair.

(c) Tanks, vats, separators, and other containers used to store or process dairy products shall be designed or equipped with appropriate devices to prevent surface condensation and drainage from entering the container.

(d) Pipeline systems used to convey dairy products shall contain no dead ends in which dairy products may collect. Pipelines and other equipment shall be designed and constructed to prevent cross-contamination between pasteurized dairy products, unpasteurized dairy products, and cleaning and sanitizing solutions.

(e) If it is necessary to disassemble any equipment or utensil to inspect a product contact surface, all tools needed for the disassembly shall be readily available at the dairy plant.

(f) Water hoses used to wash dairy products or add ingredient water to dairy products shall be constructed of approved food grade materials and shall be used and stored in a sanitary manner.

(g) A dairy plant operator may use sanitary flexible pipelines to transfer partially processed products in the intermediate stages of production or to load and unload bulk loads of milk from transport vehicles, if all the following apply:

1. The use of rigid pipelines for that purpose in a sanitary manner is not possible due to the location of walls, floors, ceiling or other equipment.

2. The dairy plant operator properly cleans and sanitizes the flexible pipeline after completing the transfer of product, or at least once during each day of use.

3. The operator uses only a length of flexible pipeline necessary to conduct the transfer operation.

(2) Product contact surfaces.

(a) Product contact surfaces of equipment and utensils shall be made of materials that are smooth, impervious, nontoxic, noncorrosive, nonabsorbent, and durable under foreseeable use conditions. A product contact surface shall be constructed of one or more of the following materials unless the division specifically authorizes another material in writing:

1. Stainless steel of the American Iron and Steel Institute 300 series, or an equally corrosion resistant metal.

2. Heat resistant glass.

3. Plastic, rubber, or rubber-like materials that are fat resistant and insoluble; that are resistant to scratching, scoring, decomposition, crazing, chipping, and distortion under normal use conditions; that do not impart chemicals, flavor, or odor to milk; and that maintain their original properties under conditions of repeated use.

(b) Product contact surfaces shall be easily cleanable and shall be free of breaks, open seams, cracks, or similar defects. Product contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Product contact surfaces, other than product contact surfaces of approved C-I-P systems, shall be readily accessible for manual cleaning. Joints and fittings shall be of sanitary design and construction.

(3) Location and installation of dairy processing equipment.

(a) Dairy processing equipment shall be located and installed to prevent overcrowding and to prevent contamination of dairy products or product contact surfaces by splash, condensation, or manual contact.

(b) Dairy processing equipment that cannot be easily moved shall be installed in a manner that prevents liquid or debris from accumulating under or around the equipment.

(c) Dairy processing equipment shall be installed so that there is adequate clearance on all sides for cleaning and maintenance. This does not apply to that portion of a tank or container that is designed to protrude into or through a wall or the ceiling of a dairy plant.

(4) Bulk storage tanks; venting. A tank used for the bulk storage of milk, whey, or liquid food products shall be equipped with an air filter to prevent contamination of tank contents, or shall be vented only to one of the following: