Wisconsin Legislature: ATCP 65.28(1)(g)

(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:

(a) A processing area.

(b) A tank gallery room that complies with processing area sanitation standards under this chapter.

(5) Measuring devices and controls.

(a) Every storage tank, freezer, and cold storage compartment used to hold milk or dairy products shall be equipped with a thermometer or other device that accurately indicates the temperature in the storage tank, freezer, or compartment.

(b) Each of the following bulk storage tanks shall be equipped with a 7-day temperature recording device that shows the temperature of dairy products stored in that bulk storage tank:

1. Every bulk storage tank used to store grade A milk or grade A dairy products for longer than 24 hours.

2. A silo tank installed after December 1, 1994.

(c) Instruments and controls used for measuring, regulating, and recording temperature, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in milk or dairy products shall be accurate, fully functional, and adequate for their intended use.

(6) Lubrication. Equipment shall be designed and constructed so that gear and bearing lubricants do not come in contact with milk or dairy products, ingredients, or product contact surfaces. Food grade lubricants shall be used if there is any chance that lubricants may come in contact with milk or dairy products, ingredients or product contact surfaces.

(7) Cleaning and sanitizing equipment and utensils.

(a) A dairy plant operator shall clean and sanitize product contact surfaces of equipment and utensils to keep them at all times in sanitary condition. Sanitizing methods shall comply with s. ATCP 65.34.

(b) Except as provided in pars. (c) to (f), a dairy plant operator shall at a minimum clean all product contact surfaces of equipment and utensils after each day’s use, sanitize those surfaces before each day’s use, and clean and sanitize those surfaces before any change in use that may cross-contaminate dairy products with major food allergens, as defined in s. ATCP 70.02 (29), or other contaminants.

(c) A dairy plant operator shall clean and sanitize tanks used to store liquid dairy products whenever the dairy plant operator empties those tanks. Tanks used to store raw milk or grade A dairy products shall be emptied at least once every 72 hours.

(d) A dairy plant operator shall clean evaporators at the end of a continuous operation, not to exceed 44 hours.

(e) Paragraph (b) does not apply to any of the following equipment, provided that the dairy plant operator cleans and sanitizes the equipment according to manufacturer specifications or a cleaning and sanitizing process approved under par. (f), and complying with par. (a):

1. Drying equipment.

2. Cloth collector systems.

3. Dry product packaging equipment and storage containers.

4. Equipment used in brining, aging, curing, and dry product blending processes.

5. Reverse osmosis equipment that utilizes a permeate stream from a previously pasteurized product that has passed through a nanofiltration system achieving an efficiency of not more than 1,000 daltons.

6. Food contact surfaces of equipment used only to process foods or food ingredients with water activity not exceeding 0.85, or foods that are not potentially hazardous foods.

7. Food contact surfaces located downstream from the sterilization step in an aseptic processing and packaging system, provided that system sterility is maintained. If system sterility is not maintained, the surfaces shall be cleaned, sanitized, and sterilized before processing.

(f) The division may authorize an alternative cleaning and sanitizing schedule for continuously-operated equipment, in lieu of the schedule under par. (b), based on a proposal under par. (g). The division’s authorization of a proposal for cleaning and sanitizing of equipment in contact with grade A dairy products is contingent upon consultation with, and acceptance of the proposal by, the US food and drug administration, and shall be valid for 5 years. The division’s authorization may be renewed after a review requested in writing by the dairy plant operator. A dairy plant operator shall adhere to the practices described in an approved proposal. A dairy plant operator may not alter practices described in an approved proposal without division approval. Division approval of a proposed changes for cleaning and sanitizing of equipment in contact with grade A dairy products is contingent upon consultation with, and acceptance of the changes by, the US food and drug administration, and shall be valid for 5 years.

(g) A dairy plant operator’s proposal, under par. (f), shall include all of the following:

1. A complete description of the continuously-operated equipment covered by the proposal, including relevant design and sanitation features.

2. A complete description of the processing, handling, or storage operations for which the continuously-operated equipment is used. The description shall identify the types of dairy products involved, and the type and duration of continuous operations conducted.

3. A complete description of the cleaning and sanitizing procedure proposed by the dairy plant operator. The description shall include cleaning and sanitizing frequency, cleaning and sanitizing methods and materials, and other relevant process parameters such as time, temperature, and concentration. The description shall include relevant process diagrams and specifications.

4. A certification, by the dairy plant operator, that the proposed cleaning and sanitizing procedure complies with par. (a). The certification shall be based on a thorough hazard analysis and safety assessment by qualified personnel.

(h) A dairy plant operator shall keep records to document, on an ongoing basis, the operator’s compliance with this subsection.

(8) Storing clean equipment and utensils. Clean equipment and utensils, unless stored in an approved sanitizing solution, shall be stored so that they drain dry. Utensils and equipment components disassembled for cleaning shall be stored above the floor in metal racks or other storage facilities which allow drainage. Clean equipment and utensils shall be protected from contamination prior to use.

(9) Single-service utensils. Single-service utensils shall be stored in the original containers in which they were received, or in other closed containers that will protect them from contamination until they are used. Single-service utensils shall not be reused.

(10) Cleaning compounds, detergents, and sanitizers; storage and labeling. Cleaning compounds, detergents, and sanitizers used in a dairy plant shall be clearly labeled. When they are not being used, they shall be stored in designated areas and in an appropriate manner so that they do not contaminate dairy products, ingredients, equipment, or utensils.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728; correction in (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2020 No. 769.

ATCP 65.30 C-I-P systems.

(1) Construction and maintenance; general. C-I-P systems shall be designed, constructed, installed, and maintained in compliance with s. ATCP 65.28.

(2) Cleaning and sanitizing C-I-P systems.

(a) A dairy plant operator shall clean and sanitize all C-I-P systems in compliance with s. ATCP 65.28 (7). Surfaces that cannot be cleaned and sanitized by C-I-P procedures shall be cleaned and sanitized manually or by a clean-out-of-place mechanical process.

(b) A dairy plant operator shall keep records on the cleaning and sanitizing of all C-I-P systems. The records shall identify every C-I-P system that has been cleaned and sanitized, the date and time when each C-I-P system was cleaned and sanitized, the temperature of the cleaning and sanitizing solutions, and the length of time for which the C-I-P system was exposed to the cleaning and sanitizing solutions. Records shall be made at the time the cleaning and sanitizing process is completed. Records shall be signed or initialed by a responsible person at the dairy plant. The division shall review the records as part of every routine inspection of the dairy plant.

(3) Review of plans.

(a) Before installing a C-I-P system or adding equipment to any existing C-I-P system, the dairy plant operator shall submit to the division a plan for the installation or addition. The plan shall clearly describe each C-I-P circuit at a level of detail sufficient to permit review by the division within the time periods specified under this subsection.

(b) Plans for a C-I-P system, under par. (a), shall include the manufacturer’s specifications for the system, including the manufacturer’s specifications for operating, maintaining, cleaning, and sanitizing the system.

(c) Within 20 business days after any person 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.

ATCP 65.32 Dairy product packages.

(1) General.