Wisconsin Legislature: ATCP 65.40(7)(b)

(d) Except as provided under par. (e), all pasteurized milk and dairy products, after being pasteurized, shall be cooled to a temperature of 45° F. (7° C.) or less and shall then be kept at that temperature at all times. This paragraph does not apply to a grade A cultured dairy product while being cultured, to a dried milk product, or to a grade A dairy product that is sterilized and packaged in a hermetically sealed package.

(e) No milk or dairy product may be held at a dairy plant for more than 4 hours at a temperature that is between 45° F. (7° C.) and 140° F. (60° C.). This paragraph does not apply to any of the following:

1. Grade A cultured dairy products and grade A acidified dairy products while being cultured, provided process controls are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.

2. Dried dairy products.

3. Butter during micro-fixing.

4. Cheese while being cured, ripened, or tempered for further processing.

5. Pasteurized cream while being ripened for churning into butter.

6. Whey and whey products during the process of crystallization, provided process controls for crystallization of grade A whey and whey products are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.

7. Acid whey with titratable acidity of not less than 0.40%, expressed as % lactic acid, or a pH of not higher than 4.6.

8. Dairy products that are sterilized and packaged in hermetically sealed packages.

9. Grade B whey originating from pasteurized milk to which one or more starter cultures was added, if the surfaces contacted by that whey have been cleaned and sanitized before holding, transport, and receipt of the whey and the received whey is either pasteurized or cooled to 50° F. or colder not more than 8 hours after its generation at a licensed dairy plant.

(3) Pasteurization. Dairy products shall be pasteurized in compliance with subch. IV.

(4) Storing dairy products and ingredients.

(a) Areas used to store dairy products and ingredients shall be kept in a clean, sanitary, and orderly condition, free from conditions that may adulterate the dairy products or dairy product ingredients.

(b) Dairy products shall be stored at temperatures specified under sub. (2). Other potentially hazardous foods, including potentially hazardous ingredients used in making dairy products, shall be stored at safe temperatures as defined in s. ATCP 65.01 (60).

(c) Dairy products and ingredients shall be stored in an orderly manner, so that storage areas can be easily inspected and cleaned. Dairy products and ingredients may not be stored under conditions that may cause adulteration. Storage areas shall be constructed and maintained so that waste liquids do not accumulate in those areas.

(d) Dairy products and ingredients may not be stored in a manner that may attract or harbor pests. No pesticides or other toxic materials may be stored in a manner that may contaminate dairy products, dairy product ingredients, or packaging materials.

(5) Reprocessing and disposal of dairy products.

(a) A dairy plant operator may not reprocess, for use in any dairy product, packaged grade A dairy products that have left the custody of the dairy plant or that have originated from another dairy plant. This does not prohibit any of the following:

1. The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.

2. Reprocessing dry milk and dry milk products returned to the dairy plant, provided that the product package is intact.

3. Reprocessing dairy products collected from a packaging defoamer system or drained from processing equipment at the end of a run, if those dairy products are collected and handled in a sanitary manner, held at a temperature of 45° F. (7° C.) or less, and re-pasteurized.

4. Reprocessing specifically authorized in writing by the division, under conditions specified by the division.

(b) A dairy plant operator shall discard any packaged grade A dairy products that are returned to a dairy plant by a wholesaler or retailer. Pending disposal, returned grade A dairy products shall be kept in an area that is clearly designated as a holding area for returned products. The holding area shall be separate from other areas used for the receipt, storage, or processing of dairy products.

(c) A dairy plant operator shall discard all milk and dairy products that have spilled, overflowed, or leaked from equipment, utensils, or packages. This paragraph does not apply to milk and dairy products caught and collected in a sanitary manner, in equipment specifically designed for that purpose.

(6) Dairy products intended for non-food use. Milk and dairy products not intended for human consumption shall be clearly and conspicuously labeled as being not for use as human food. No person may repackage or sell, for use as human food, any milk or dairy products labeled or intended for non-food use.

Note: The manufacture and sale of animal feed is subject to separate licensing and regulation under s. 94.72, Stats.

(7) Reconstituted or recombined dairy products; pasteurization.

(a) A dairy plant operator shall pasteurize reconstituted or recombined dairy products after those dairy products are reconstituted or recombined, except when the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

(b) A dairy plant operator may not commingle pasteurized dairy products with unpasteurized milk or dairy products unless the dairy plant operator pasteurizes the resulting product or the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

(c) A dairy plant operator shall take effective measures to prevent cross contamination between pasteurized and unpasteurized dairy products.

(8) Pressurized air and steam; contact with dairy products. Pressurized air and steam coming in contact with a dairy product or product contact surface shall be clean, safe, and free of contaminants. The system used to generate and supply pressurized air and steam 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. Copies may be purchased from the “3-A Sanitary Standards, Inc. Online Store” at http://www.techstreet.com.

(9) Fire, flood, or calamity damage. If a dairy product or ingredient is subjected to possible contamination in a fire, flood, or other calamity, no person may sell or reprocess that product or ingredient for human consumption unless the division first inspects the product or ingredient and authorizes its sale or reprocessing for human consumption. A dairy plant operator shall notify the division whenever dairy products or ingredients in the operator’s possession have been subjected to possible damage or contamination because of fire, flood, or other calamity.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.41 Low-acid or acidified dairy products packaged in hermetically sealed containers for non-refrigerated storage.

(1) Manufacturing of low-acid dairy products, that have a pH greater than 4.6 and a water activity greater than 0.85, and are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.35 and 113.

(2) Manufacturing of acidified dairy products, as defined in 21 CFR 114.3(b), that are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.25 and 114.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.42 Recall plan.

(1) Plan required. An operator of a dairy plant at which dairy products are manufactured or processed shall prepare a written plan for identifying and recalling milk and dairy products processed at that dairy plant, and any other food processed at the facility, should a recall become necessary. The dairy plant operator shall update the plan as necessary and shall make it available to the division for inspection and copying upon request. This requirement does not apply to the operator of a receiving station or a transfer station.

(2) plan contents. A plan, written pursuant to sub. (1), shall do all of the following:

(a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the dairy plant operator.

(b) Identify key individuals or entities to be contacted or consulted in connection with a recall.

(c) Include procedures for the routine identification, dating, and tracking of milk and dairy product lots so that in a recall the affected lots can be identified and distinguished from unaffected lots.

(d) Include procedures to enable routine identification, dating, and tracking of milk and dairy product shipments from the dairy plant. Tracking shall identify shipment recipients and contents, cross-referenced to lots, so that in a recall recipients of affected lots can be contacted.

(e) Include procedures for determining the nature and scope of a recall, including affected milk and dairy product lots, shipments, and shipment recipients.

(f) Include procedures for identifying and communicating with affected persons, including suppliers, milk and dairy product shipment recipients, down-line buyers, consumers, government agencies, and others.

(g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.

(h) Identify potential methods for communicating with target audiences, under par. (g).

(i) Identify key information, including the identity of the affected milk and dairy products, the reason for the recall, and suggested actions to be taken by affected persons, that may be necessary to communicate to affected persons in a recall.

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.44 Dairy plant records.

(1) Mandatory records. 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 keep all of the following records, as applicable to their operation, and shall retain those records for the period of time specified under this subsection:

(a) Records related to milk receipts and producer payrolls, as required by s. ATCP 100.32 (1). Records under this paragraph shall include milk collection records received from bulk milk weighers and samplers under s. ATCP 82.10 (10). Records under this paragraph shall be retained for at least 3 years.

(b) Records of all dairy product ingredients received at the dairy plant, including the sources from which the ingredients were received. Records under this paragraph shall be retained for at least two years.

(c) Daily records of all finished products produced at the dairy plant. Records under this paragraph shall be retained for at least one year.

(d) Records of all milk quality tests and sediment tests conducted on milk shipments received by the dairy plant operator, including but not limited to tests required under subch. V. Records under this paragraph shall be retained for at least 2 years.

(e) Records of all in-plant tests, performed by a dairy plant operator on milk and dairy products held or processed by the dairy plant operator, to determine bacterial counts or identify possible adulteration of that milk or those dairy products. Records under this paragraph shall be retained for at least 2 years.

(f) Records of private water supply tests, if any, conducted under s. ATCP 65.24 (8). Records under this paragraph shall be retained for at least 2 years.

(g) Cleaning and sanitizing records for all C-I-P systems, as required under s. ATCP 65.30 (2) (b). Records under this paragraph shall be retained for at least 2 years. Records may be stored in electronic form, with or without hard copy printouts, if the electronic records are readily accessible by a division representative.

(h) A record of every calibration, daily performance check, daily reference check, and hourly reference check performed on a milkfat or protein testing device, as required by s. ATCP 65.86 (3) (j). Records under this paragraph shall be retained for at least one year.

(i) Pasteurization records required under s. ATCP 65.66. Records under this paragraph shall be retained for at least 2 years.

(j) Cleaning and sanitizing records for bulk milk tankers cleaned and sanitized at a dairy plant, as required under s. ATCP 82.08 (4). Records under this paragraph shall be retained for at least 15 days.

(k) Temperature monitoring records made by the dairy plant operator, including records of dairy product temperatures, storage temperatures, and processing temperatures. Records under this paragraph shall be retained for at least 2 years.

(L) Inventory control records for vitamin fortification of fluid milk products, including vitamins used and the quantity of fortified fluid milk products produced. Records under this paragraph shall be retained for at least 2 years.

(m) Vitamin assay test results conducted on fortified dairy products under s. ATCP 65.74 (4). Records under this paragraph shall be retained for at least 2 years.

(n) Cleaning and sanitizing records required under s. ATCP 65.28 (7) (g). Records under this paragraph shall be retained for at least 2 years.

(o) Bills of lading or other shipping documents relating to the bulk shipment of dairy products from the dairy plant to another dairy plant, or to the dairy plant from another dairy plant. The dairy plant operator shall retain each shipping document for at least 3 years. Each shipping document shall include all of the following information:

1. The name, address, and license number of the dairy plant from which the shipment originates. If the dairy product is a grade A dairy product, the shipping document shall also include the dairy plant shipper identification number assigned under the PMO.

2. If grade A milk or dairy product was shipped in a bulk milk tanker, the bulk milk tanker grade A permit identification number, assigned under ch. ATCP 82 or the PMO, and the seal number on the bulk milk tanker inlet, outlet, wash connections, and vents.

3. The name of the dairy product shipped.

4. The weight of the dairy product shipped.

5. The temperature of the dairy product when loaded for shipment.

6. The date of shipment.

7. The name of the dairy regulatory agency at the shipment point of origin.

8. Whether the dairy product was raw, pasteurized, or treated with heat to an extent less than pasteurization.

9. The grade of product.

(p) Milk producer affidavits certifying that the milk producers do not use bovine somatotropin, as required under s. ATCP 83.02 (5) and (7).

(2) Accessibility of records; electronic records. Records under sub. (1) shall be kept at the dairy plant or, for records kept by 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, at the milk contractor’s business location, and shall be made available to the division for inspection and copying upon request. Records may be kept in electronic form, with or without hard copy printouts, if the electronic records are readily accessible to a division representative and comply with the applicable provision of Appendix H, sections IV and V of the PMO.

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

ATCP 65.46 Dairy plant reports to department.

(1) Reports related to licenses, permits, financial statements and milk quality. 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 submit all of the following reports to the department:

(a) Reports required for the issuance or annual renewal of a dairy plant license or grade A permit under s. ATCP 65.02.

(b) Financial statements and reports required as part of an application for a milk contractor license under ch. ATCP 100, if any.

(c) Monthly milk quality test reports required under subch. V and dairy farm inspection reports required as part of a milk producer or grade A producer permit application under ss. ATCP 65.910 and 65.912.

(2) Reports related to results of product testing for microbial pathogens or toxins.

(a) Except as provided in par. (b), a dairy plant operator shall report to the division the result of any microbiological test or laboratory analysis that confirms the presence of a pathogenic organism or toxin in a ready-to-eat dairy product produced by the operator. The operator shall report to the division within 24 hours after the operator obtains the test result. The operator may report orally, electronically, or in writing.

(b) A dairy plant operator is not required to report a test result under par. (a) if all the following apply: