Wisconsin Legislature: ATCP 77.22(1)(b)

(f) Tests performed at the laboratory, including records related to the nature of the test, the person for whom the test is performed, the assigned analysts, the test methods used, the date and time of testing, and the test results obtained.

(g) Test reports filed with the department and other government agencies.

Note: For example, see reporting requirements under chs. ATCP 65 and 70 and chs. NR 809 and 812.

(2) Record retention; availability.

(a) The operator of a milk or food laboratory shall retain all records under sub. (1) for at least 2 years. The operator of a water laboratory shall retain all records under sub. (1) for at least 5 years.

(b) An operator shall make records under sub. (1) available to the department for inspection and copying upon request.

(c) An operator may keep records under sub. (1) in hard copy or electronic form, or both, provided that the department can obtain ready access to the records.

(d) An operator shall take reasonable security measures to prevent record loss, damage or tampering.

(3) Falsifying records. No operator may falsify any laboratory records.

History: Cr. Register, September, 1999, No. 525, eff. 10-1-99.

Subchapter II — Milk and Food Laboratories

ATCP 77.20 Milk and food laboratories; procedures.

(1) Test methods. An operator who performs any test listed under s. ATCP 77.02 (1) and (2) shall perform that test according to methods specified in applicable reference materials under sub. (2), or according to methods which the department approves in writing.

(2) Reference materials.

(a) General. An operator who performs any test listed under s. ATCP 77.02 (1) or (2) shall keep, at the certified laboratory, the manufacturer’s complete operating and maintenance instructions for equipment used to perform that test.

(b) Milk tests. An operator who performs any test listed under s. ATCP 77.02 (1) shall keep the following reference materials at the certified laboratory:

1. The FDA 2400 series laboratory evaluation forms for that test.

2. The “Standard Methods for the Examination of Dairy Products,” 17th edition, published by the American Public Health Association.

(c) Food tests. An operator who performs any test listed under s. ATCP 77.02 (2) shall keep or have online access to all of the following reference materials at the certified laboratory:

1. The authoritative reference manual, if any, that applies to each type of food testing for which the laboratory is certified.

2. The “Compendium of Methods for the Microbiological Examination of Foods,” 4th edition, published by the American Public Health Association.

3. The FDA “Bacteriological Analytical Manual,” current on-line edition, if the operator performs a microbiological test on food.

Note: Copies of “Standard Methods for the Examination of Dairy Products” and “Compendium of Methods for the Microbiological Examination of Foods” are on file with the department and the legislative reference bureau and may be obtained from the “APHA Bookstore” at http://secure.apha.org/iMIS/APHA/Store .

Copies of the “Bacteriological Analytical Manual” are on file with the department and the legislative reference bureau and may be viewed online at http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm.

(3) Culture media. Culture media used for any test listed under s. ATCP 77.02 (1) or (2) shall be effectively sterilized before they are used. Culture media shall be autoclaved for the total cycle time and sterilization time specified by the media manufacturer or by the applicable test method under this section.

History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2) (b) 2. and (c) 2. and 3., Register January 2008 No. 625, eff. 2-1-08; CR 19-076: am. (2) (c) (intro.), (3) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.22 Milk and food laboratories; certified analysts.

(1) Certification required.

(a) Except as provided in par. (b), no analyst may perform a test listed under s. ATCP 77.02 (1) or (2) unless the department certifies that analyst under this section to perform that test.

(b) Paragraph (a) does not apply to an individual who is solely engaged in performing a drug residue screening test, provided that the department has approved that individual under s. ATCP 77.23 (2) to perform that test.

(c) The department shall certify the analysts employed at a laboratory when it conducts a mandatory inspection of that laboratory under s. ATCP 77.14 (1). The department may certify new analysts, or certify analysts to perform other tests, at other times.

(2) Term of certification. An analyst’s certification to perform a test remains in effect until one of the following occurs:

(a) The laboratory administrator or designated agent requests the analyst’s certification to be withdrawn.

(b) The certified laboratory does not pay the annual license fee for the analyst.

(3) Competency evaluation.

(a) Before the department certifies an analyst to perform any test listed under s. ATCP 77.02 (1) or (2), the department shall observe and evaluate that analyst’s competency to perform that test.

(b) Whenever the department performs a mandatory inspection of a laboratory under s. ATCP 77.14 (1), the department shall perform a competency evaluation under par. (a) of every analyst who performs a test listed under s. ATCP 77.02 (1) or (2).

(c) The department shall use an appropriate FDA 2400 series form or if no FDA 2400 series form applies, another standard form to evaluate an analyst’s competency under par. (a). If an analyst performs plate loop counts, electronic bacteria counts, or electronic somatic cell counts, the department shall check the analyst’s accuracy based on any statistical comparisons required by those tests.

(4) Annual proficiency evaluation. An analyst who performs a test listed under s. ATCP 77.02 (1) or (2) shall complete an annual proficiency evaluation for that test if an annual proficiency evaluation is required under s. ATCP 77.24.

(5) Conditional certification. If the department determines under sub. (3) that an analyst is competent to perform a test, but the analyst has not yet completed a proficiency evaluation under s. ATCP 77.24 for that test, the department shall conditionally certify the analyst. If a conditionally certified analyst fails a proficiency evaluation under s. ATCP 77.24, the department shall summarily suspend the analyst’s certification to perform that test.

(6) Full certification. If the department determines under sub. (3) that an analyst is competent to perform a test, and the analyst also passes a proficiency evaluation under s. ATCP 77.24 for that test, the department shall fully certify that analyst to perform that test.

(7) Provisional certification and restoration of full certification.

(am) An analyst shall be placed in provisional certification if one of the following occurs:

1. If a fully certified analyst fails a proficiency evaluation under s. ATCP 77.24 for any test, the department shall issue a notice stating that the analyst is provisionally certified to perform that test.

2. If the department conducts a biennial inspection of a laboratory under s. ATCP 77.14 (1) and a fully certified analyst is not present to demonstrate competence to perform the test(s) they are certified for, the department shall issue a laboratory report stating that the analyst is provisionally certified to perform that test.

(c) If an analyst is provisionally certified because of failing a proficiency evaluation under s. ATCP 77.24 and that analyst passes a proficiency evaluation under s. ATCP 77.24 on a new set of proficiency samples, the department shall restore the analyst to full certification.

(d) If an analyst is provisionally certified because they were not present to demonstrate their competence to perform the tests they are certified for during the biennial inspection of the laboratory, they shall remain in provisional certification status until they again demonstrate their competence during an inspection of the laboratory.

(e) If a provisionally certified analyst fails a proficiency evaluation on a new set of proficiency samples, or is not present to demonstrate their competence during a biennial inspection of the laboratory, the department shall summarily suspend the analyst’s certification to perform that test.

(8) Restoring certification. The department may restore the certification of any analyst whose certification is summarily suspended under sub. (5) or (7) if the analyst completes a training program approved by the department and passes a proficiency evaluation under s. ATCP 77.24 on a new set of proficiency samples. The department shall restore the analyst to full certification, even if the analyst was conditionally certified when certification was suspended.

(9) List of certified analysts. The department shall maintain, for each certified laboratory, a list of analysts currently certified to perform tests listed under s. ATCP 77.02 (1) and (2). The list shall identify the tests which each analyst is certified to perform.

(10) Notice of changes.

(a) An operator shall notify the department within 30 days after any of the following occurs:

1. An analyst certified under this section is no longer employed by the laboratory.

2. There is a change in the name of any analyst certified under this section.

(b) An operator shall notify the department of a staffing change within 7 days after that change occurs if, as a result of that change, the operator no longer meets applicable certification requirements under s. ATCP 77.08 (3).

History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; r. (2) (b) and renum. (2) (c) to be (2) (b), Register, December, 1999, No. 528, eff. 1-1-00; emerg. r. and recr. (1), eff. 11-15-01; CR 01-124: r. and recr. (1) Register December 2002 No. 564, eff. 1-1-03; CR 19-076: r. and recr. (2), am. (3) (c), r. and recr. (7) Register May 2020 No. 773, eff. 6-1-20; renum. (intro.), (a), (b) to (am), 1., 2. under s. 13.92 (4) (b) 1., Stats., Register May 2020 No. 773

ATCP 77.23 Drug residues in milk; screening tests.

(1) Laboratory approved.

(a) The department may approve a laboratory to perform a drug residue test as a screening test, even though the laboratory is not certified under s. ATCP 77.03 to perform the test as a confirmatory test. An approval expires on December 31 of each year. An approved laboratory shall comply with s. ATCP 65.76 (2) (b).

(b) The department may not approve a laboratory under par. (a) unless all of the following apply:

1. The department has approved at least one individual under sub. (2) to perform the drug residue screening test at the approved laboratory.

2. The laboratory has written agreements with one or more certified laboratories to provide the confirmatory testing required under s. ATCP 65.76 (2) (b) 3.

(c) The department shall inspect a laboratory under par. (a) before approving the laboratory to perform a visual read drug residue screening test, and before approving any individual under sub. (2) to perform a visual read drug residue screening test at that laboratory.

(2) Analysts approved.

(a) No individual may perform a drug residue screening test unless the department approves that individual to perform that test at a laboratory approved under sub. (1).

(b) Before the department approves an individual under par. (a) to perform a visual read test, the department shall perform an on-site competency evaluation under sub. (4).

(c) The department’s approval under par. (a) expires on December 31 of each year unless, by that date, the laboratory operator attests to the department that the individual has successfully completed an annual proficiency evaluation under sub. (5).

(d) The department may suspend or revoke an approval under par. (a) for cause.

(3) Approval fees. A laboratory operator shall pay the following fees to acquire and maintain a laboratory approval under sub. (1):

(a) An initial fee of $732, except as provided in par. (b) or (c).

(b) An initial fee of $180 if the laboratory tests milk for only one dairy plant operator and all the following apply:

1. The dairy plant operator receives only grade B milk.

2. The dairy plant operator receives milk from not more than 5 producers.

3. The dairy plant operator receives not more than 10,000 lbs. of raw milk per week.

(d) A fee of $36 for each individual, in excess of 3 individuals, that the department evaluates under sub. (4) at the time of the initial laboratory inspection under sub. (1) (c).

(e) An annual renewal fee of $72 for each annual renewal of the laboratory approval, except that the renewal fee is $36 if the laboratory qualifies under par. (b).

(f) A fee of $180 for each laboratory visit, other than the initial inspection under sub. (1) (c), that the department makes for the purpose of evaluating individuals under sub. (4). This single fee of $180 covers all of the individual evaluations performed during the department’s visit, regardless of the number of individuals evaluated.

(4) Competency evaluation. Before the department approves an individual to perform a visual read test, the department shall observe and evaluate that individual’s competency to perform that test. The department shall use an appropriate FDA 2400 series form to conduct the evaluation.

Note: FDA 2400 series forms are on file with the department, the secretary of state and the legislative reference bureau.

(5) Annual proficiency evaluation.

(a) An individual approved to perform a drug residue screening test shall complete an annual proficiency evaluation. An evaluator approved by the department shall administer the annual proficiency evaluation. The department may approve the laboratory operator to serve as evaluator, except that an independent evaluator shall administer annual proficiency evaluations for analysts performing visual read tests. The evaluator shall report the results of each proficiency evaluation to the department within 7 days after the evaluation is completed.

(b) In a proficiency evaluation, the evaluated individual shall examine the number of samples required under either par. (d) or (e). The evaluator may prepare the samples used in proficiency evaluations, except for samples used in a visual read proficiency test. The contents of the samples shall be known only to the evaluator, and not to the evaluated individual. The evaluator shall evaluate the individual’s proficiency by comparing the individual’s results to the known contents of the samples, and shall report those results to the department.

(c) A proficiency evaluation under par. (a) shall be conducted according to a standard evaluation procedure that the department approves in writing. A standard evaluation procedure shall comply with this subsection and shall include standards for all the following:

1. The evaluator’s preparation of proficiency evaluation samples.

2. The analyst’s examination of proficiency evaluation samples.

3. Deadlines for examining proficiency evaluation samples and reporting test results.

4. The evaluator’s review and rating of the individual’s proficiency.