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ATCP 81.23(5m)(b) (b) Except as provided in par. (c) or (d), a grader shall determine texture, color and eye characteristics by evaluating a cheese wheel or block selected at random from the vat lot. The grader shall divide the cheese wheel or block approximately in half, and shall evaluate the 2 exposed cut surfaces.
ATCP 81.23(5m)(c) (c) If cheese from a vat lot has been cut into sizes smaller than a wheel or block, a grader may determine texture, color and eye characteristics by evaluating already exposed cut surfaces without making additional cuts.
ATCP 81.23(5m)(d) (d) At the request of the cheese owner, a grader may determine the texture, color and eye characteristics of a vat lot by withdrawing and evaluating at least one plug of cheese selected at random from that vat lot, rather than by evaluating cut surfaces under par. (b) or (c). The grader shall withdraw and evaluate the plug according to par. (a). The grader shall disclose, on the grade certification or inspection report, that the grader used this grading. The authorized representative of a cheese owner may request this grading method on behalf of the cheese owner.
ATCP 81.23(6) (6)Regrading. Cheese which has developed any objectionable flavor or other defect after grading shall be regraded. Original grade labels shall be removed and correct grade labels applied. When cheese is regraded, the “Not graded" designation may not be used as an alternative to the actual regraded designation.
ATCP 81.23(7) (7)Appealing grade changes. A licensed cheese grader may appeal a grade change ordered by a department cheese grader. The petition may consist of a request for review by a department grading specialist of the original grade determination. The cost of the grade determination review shall be charged to the petitioner. Any party affected by a grade certification may also appeal to the department as provided in s. 93.11 (4) and (5), Stats. The appeal shall be requested in writing and shall be made not later than 10 days following the date of delivery of the cheese to the purchaser.
ATCP 81.23(8) (8)Arbitration. If disagreement occurs between a producer and a buyer as to the grade of cheese, the disagreement may be resolved by arbitration. The cheese may not be moved or further processed pending arbitration. Either party to the transaction may request appointment of a grade arbitration committee. The committee shall consist of 3 arbitrators, selected from a list of licensed graders compiled by the department. Each party shall appoint one arbitrator and the 2 arbitrators initially selected shall appoint a third. The decision of the arbitration committee on the grade of the cheese shall bind the parties. The party who requests arbitration shall pay the costs of arbitration.
ATCP 81.23 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (4), Register, January, 1996, No. 481, eff. 2-1-96; CR 01-057: r. and recr. (5) (a), renum. (5) (b) to (d) to be (5) (b) 1 to 3., cr. (5) (b) (intro.) and (5m), Register June 2002 No. 558, eff. 7-1-02.
ATCP 81.24 ATCP 81.24Cheese grade labeling of retail packages.
ATCP 81.24(1)(1)General. A retail food establishment licensed under s. 97.30, Stats., or a food processing plant licensed under s. 97.29, Stats., may obtain a cheese grade labeling permit from the department. A permit holder may affix a cheese grade label to retail packages of graded cheese purchased in bulk by the permit holder if the bulk lot has been graded as Wisconsin Certified Premium Grade AA, Wisconsin Grade A or Wisconsin State Brand and the cheese is cut, packaged and labeled for retail distribution. No retail food establishment may grade label retail packages of cheese without a permit from the department. Retail grade labeling shall comply with this section. A dairy plant licensed under s. 97.20, Stats., may cut, wrap and grade label cheese for retail distribution if the cheese is graded by a cheese grader licensed under s. 97.175, Stats., and the retail packages are grade labeled as required under s. ATCP 81.22.
ATCP 81.24(2) (2)Bulk grade determination. Retail packages of cheese grade labeled under sub.(1) shall consist of cut and packaged cheese which has been graded under this chapter in a bulk unit. The bulk unit of graded cheese shall bear a grade label applied by a licensed grader or department employee authorized to grade cheese. The bulk unit of graded cheese shall be re-examined by a licensed grader prior to being cut, packaged and labeled.
ATCP 81.24(3) (3)Retail package grade labeling. The department shall issue a permit identification number to each grade labeling permit holder under sub. (1). The identification number shall consist of the letter prefix “P", followed by a three digit identification number. When affixing a grade label to retail packages of graded cheese under this section, the permit holder shall print the specified grade and the permit holder's identification number within a miniature outline map of the boundaries of the state of Wisconsin. The type shall be designed and spaced so as to be legible and present a symmetrical appearance.
ATCP 81.24 Note Note: The following are illustrations of the grade mark requirements under s. ATCP 81.24 (3). - See PDF for diagram PDF
ATCP 81.24 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-151: am. (1) and (3), Register July 2001, No. 547 eff. 8-1-01.
ATCP 81.25 ATCP 81.25Recordkeeping.
ATCP 81.25(1) (1)Content. Licensed cheese graders shall maintain records showing all of the following:
ATCP 81.25(1)(a) (a) The name of the person for whom the cheese is graded.
ATCP 81.25(1)(b) (b) The quantity or amount of cheese graded.
ATCP 81.25(1)(c) (c) The date of grading.
ATCP 81.25(1)(d) (d) The grade of the cheese as determined by the cheese grader for each lot of cheese.
ATCP 81.25(1)(e) (e) The information required under s. ATCP 81.20 (1) to (5).
ATCP 81.25(2) (2)Record retention. Records required under this section shall be retained by the grader for a period of 2 years and are subject to inspection by the department upon request.
ATCP 81.25 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 99-151: cr. (1) (e), Register July 2001, No. 547 eff. 8-1-01.
subch. III of ch. ATCP 81 Subchapter III —Cheese Styles, Boxes and Hoops
ATCP 81.30 ATCP 81.30Cheese styles.
ATCP 81.30(1) (1)Traditional styles. Cheese may be manufactured and sold in the traditional styles set forth in sub. (2).
ATCP 81.30(2) (2)Standards. Each of the following cheese styles shall conform to the weight and size standards for that style as indicated in the following chart. - See PDF for table PDF
ATCP 81.30 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; CR 99-151: am. (2) (chart), Register July 2001, No. 547 eff. 8-1-01.
ATCP 81.31 ATCP 81.31Cheese container requirements.
ATCP 81.31(1)(1)Cheese hoops. Cheese hoops shall be of the correct size and shape, so that cheese which is molded in the hoop conforms to the weight and size standards specified under s. ATCP 81.30 (2).
ATCP 81.31(2) (2)New cheese boxes. All cheese boxes or containers shall be securely nailed or bound together so that they are strong enough to carry the weight of the cheese the box or container is designed to carry. Cheese boxes and containers shall conform to all of the following requirements:
ATCP 81.31(2)(a) (a) The dimensions of the box or container shall be adequate to enable easy entry and removal of the cheese while conforming the finished product to the weight and size standards of s. ATCP 81.30 (2). The container shall thoroughly envelop and protect the cheese.
ATCP 81.31(2)(b) (b) All cheese boxes shall be clean and free of insects or other forms of contamination prior to sale or use.
ATCP 81.31(2)(c) (c) Boxes manufactured from wood or veneer shall be constructed of commercially dry materials and contain not more than 18% moisture prior to sale or use as a receptacle for cheese.
ATCP 81.31(2)(d) (d) Scale boards may not contain in excess of 18% moisture.
ATCP 81.31(2)(e) (e) The name and address of the manufacturer shall be plainly stamped, impressed or labeled in type at least 1/4 inch high on the body of all boxes or containers manufactured for use as a receptacle or container for cheese.
ATCP 81.31(3) (3)Used cheese boxes.
ATCP 81.31(3)(a)(a) Before being reused as cheese containers, all previously used boxes shall be reconditioned as necessary, and shall be thoroughly cleaned. Reused boxes shall be free from adhering material, objectionable odors, mold, or other unsanitary conditions.
ATCP 81.31(3)(b) (b) Used wood or veneer boxes shall meet the moisture requirements of new boxes under sub. (2) (c) at the time of reuse.
ATCP 81.31(3)(c) (c) Before a cheese box is reused to contain cheese, all markings other than the designation of the original manufacturer shall be completely obliterated or removed from the box.
ATCP 81.31(4) (4)Barrels. Barrels used for marketing or transporting barrel cheese shall be free of liquids or excess moisture, and shall be covered with full, removable covers which are securely jacketed and sealed.
ATCP 81.31(5) (5)Other boxes or containers.
ATCP 81.31(5)(a)(a) The department may authorize the temporary experimental use of a new type of box or container which deviates from the requirements or standards under this section, to determine whether it is suitable for use in containing or shipping of cheese. If a new experimental container is found to be satisfactory, the department may authorize its continued or general use. Department approval may be withdrawn if an experimental box or container is found to be unsatisfactory.
ATCP 81.31(5)(b) (b) If shipping materials or containers conform to standards adopted by the United States department of agriculture for the marketing and transporting of cheese, those materials or containers are also deemed to comply with this section.
ATCP 81.31 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (2) (e), Register, January, 1996, No. 481, eff. 2-1-96.
subch. IV of ch. ATCP 81 Subchapter IV — Cheddar, Granular and Washed Curd Cheese; Grade Standards
ATCP 81.40 ATCP 81.40Wisconsin certified premium grade AA standards. Cheddar, granular and washed curd cheese labeled or sold as Wisconsin certified premium grade AA shall conform to the following standards:
ATCP 81.40(1) (1)Flavor characteristics. The flavor of Wisconsin certified premium grade AA cheddar, granular and washed curd cheese shall be fine, highly pleasing and free from undesirable flavors and odors. The cheese may possess very slight feed flavors. Flavor standards are shown in the grade AA column of Table 1. The presence or absence of flavor characteristics in Table 1 shall be determined organoleptically by taste and smell.
TABLE 1. CHEDDAR, GRANULAR AND WASHED CURD CHEESE - See PDF for table PDF
ATCP 81.40 Note VS = very slight; S = slight; D = definite; P = pronounced; Blank = none
ATCP 81.40(2) (2)Body and texture characteristics. The body and texture of Wisconsin certified premium grade AA cheddar, granular and washed curd cheese shall be firm and solid, smooth, compact and close. The cheese may possess a few small mechanical openings to a very slight degree and shall appear translucent. The texture of granular cheese may be solid, compact and close, or alternatively, it may be medium open with numerous small mechanical openings distributed throughout the cheese. Body and texture standards are shown in the grade AA column of Table 2. 
TABLE 2. CHEDDAR, GRANULAR AND WASHED CURD CHEESE - See PDF for table PDF
ATCP 81.40 Note VS = very slight; S = slight; D = definite; P = pronounced; Blank = condition not present.
ATCP 81.40(3) (3)Color characteristics. Wisconsin certified premium grade AA cheddar, granular and washed curd cheese may be uncolored or colored to any degree recognized in the cheese industry. The color shall be uniform and not dull or faded. The cheese may possess numerous tiny white specks associated with aged cheese. Color standards are shown in the grade AA column of Table 3.
TABLE 3. CHEDDAR, GRANULAR AND WASHED CURD CHEESE - See PDF for table PDF
ATCP 81.40 Note VS = very slight; S = slight; D = definite; P = pronounced; Blank = condition not present.
ATCP 81.40(4) (4)Finish and appearance characteristics. Wisconsin certified premium grade AA cheddar, granular and washed curd cheese shall have the following finish and appearance characteristics:
ATCP 81.40(4)(a) (a) Bandaged and paraffin-dipped cheese. The rind shall be sound, firm and smooth, providing good protection to the cheese. The bandage shall be evenly placed on the ends of the cheese, shall be free from unnecessary overlapping and wrinkles, and shall not be burst or torn. The cheese surface shall have a good coating of paraffin or wax that adheres firmly to all surfaces of the cheese. A slight amount of mold may be present under the bandage and paraffin within reasonable limited tolerances for the degree of curing, with no indication that mold has entered the cheese. The exterior appearance of the cheese shall be free from high edges, huffing and lopsidedness. Finish and appearance standards are shown in the grade AA column of Table 4.
TABLE 4. CHEDDAR, GRANULAR AND WASHED CURD CHEESE - See PDF for table PDF
ATCP 81.40 Note VS = very slight; S = slight; D = definite; P = pronounced; Blank = condition not present.
ATCP 81.40(4)(b) (b) Rindless. The wrapper or covering of rindless cheese graded as AA shall adequately and securely envelop the cheese, shall be unbroken, and shall fully protect the surface. The wrapper or covering may be slightly wrinkled. The cheese shall be free from huffing and lopsidedness. It may have very slight mold under the wrapper or covering in the medium cured and cured classifications, with no indication that mold has entered the cheese. Finish and appearance standards are shown in the grade AA column of Table 4 under par. (a).
ATCP 81.40 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93.
ATCP 81.41 ATCP 81.41Wisconsin grade A or Wisconsin state brand standards. Cheddar, granular and washed curd cheese labeled or sold as Wisconsin grade A or Wisconsin state brand shall conform to the following standards:
ATCP 81.41(1) (1)Flavor characteristics. The flavor of Wisconsin grade A and Wisconsin state brand cheddar, granular and washed curd cheese shall be pleasing and free from undesirable flavors and odors. The cheese may possess a feed, acid and bitter flavor with limited tolerances as the cheese ages. Flavor standards are shown in the grade A column of Table 1 under s. ATCP 81.40 (1). The presence or absence of flavor characteristics shall be determined organoleptically by taste and smell.
ATCP 81.41(2) (2)Body and texture characteristics. The body and texture of Wisconsin grade A and Wisconsin state brand cheddar, granular and washed curd cheese shall be reasonably solid, compact, and close. The cheese shall appear translucent and may have a few mechanical openings but the openings may not be large and connected to other openings. Body and texture standards are shown in the grade A column of Table 2 under s. ATCP 81.40 (2).
ATCP 81.41(3) (3)Color characteristics. Wisconsin grade A and Wisconsin state brand cheddar, granular and washed curd cheese may be colored or uncolored. The color shall be uniform and not dull or faded. The cheese may possess numerous tiny white specks associated with aged cheese, and may also possess seaminess and waviness to a slight degree. Color standards are shown in the grade A column of Table 3 under s. ATCP 81.40 (3).
ATCP 81.41(4) (4)Finish and appearance characteristics. Wisconsin grade A and Wisconsin state brand cheddar, granular and washed curd cheese shall have the following finish and appearance characteristics:
ATCP 81.41(4)(a) (a) Bandaged and paraffin dipped cheese. The rind shall be sound, firm and smooth, and provide good protection to the cheese. The bandage may be slightly uneven, overlapped or wrinkled, but shall not be burst or torn. The surface shall be practically smooth and bright and have a good coating of paraffin or wax that adheres firmly to all surfaces of the cheese. Mold and other defects shall be within allowable tolerances for the grade according to the degree of curing, with no indication that mold has entered the cheese. The exterior shall be free from huffing, but may have slightly high edges and be slightly lopsided. Finish and appearance standards are shown in the grade A column of Table 4 under s. ATCP 81.40 (4) (a).
ATCP 81.41(4)(b) (b) Rindless. The wrapper or covering of rindless cheese graded as Wisconsin grade A or Wisconsin state brand shall adequately and securely envelop the cheese, be unbroken and fully protect the surface, but may be slightly wrinkled. The cheese shall be free from huffing but may be slightly lopsided and may have very slight mold under the wrapper or covering in the medium cured and cured classifications, with no indication that mold has entered the cheese. Finish and appearance standards are shown in the grade A column of Table 4 under s. ATCP 81.40 (4) (a).
ATCP 81.41 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93.
ATCP 81.42 ATCP 81.42Wisconsin grade B standards. Cheddar, granular and washed curd cheese labeled or sold as Wisconsin grade B cheese shall conform to the following standards.
ATCP 81.42(1) (1)Flavor characteristics. Wisconsin grade B cheddar, granular and washed curd cheese shall be characterized by a fairly pleasing cheese flavor. The cheese may also possess certain undesirable flavors to a limited degree based on the aged or cured condition of the cheese. Flavor standards are shown in the grade B column of Table 1 under s. ATCP 81.40 (1). The presence or absence of flavor characteristics shall be determined organoleptically by taste and smell.
ATCP 81.42(2) (2)Body and texture characteristics. The body and texture of Wisconsin grade B cheddar, granular and washed curd cheese may be loose and open, and may have numerous sweet holes, scattered yeast holes, and other scattered gas holes. The cheese may possess other body and texture characteristics to various degrees depending on the aged or cured status of the sample being graded. Body and texture standards are shown in the grade B column of Table 2 under s. ATCP 81.40 (2).
ATCP 81.42(3) (3)Color characteristics. Wisconsin grade B cheddar, granular and washed curd cheese may be uncolored or colored. Color standards are shown in the grade B column of Table 3 under s. ATCP 81.40 (3).
ATCP 81.42(4) (4)Finish and appearance characteristics. Wisconsin grade B cheddar, granular and washed curd cheese shall have the following finish and appearance characteristics:
ATCP 81.42(4)(a) (a) Bandaged and paraffin dipped. The rind for Wisconsin grade B cheddar, granular and washed curd cheese shall be sound. It may be slightly weak, but shall be free from soft spots, rind rot, cracks and openings of any kind. The bandage may be uneven and wrinkled but shall not be burst or torn. The surface may be rough and unattractive but shall possess a fairly good coating of paraffin or wax. The paraffin may be scaly or blistered. Mold and other various characteristics may be present to the permitted degree based on the aged or cured status of the cheese, but there shall be no indication that mold has entered the cheese. The exterior may be huffed, lopsided and have high edges. Finish and appearance standards are shown in the grade B column of Table 4 under s. ATCP 81.40 (4) (a).
ATCP 81.42(4)(b) (b) Rindless. The covering or wrapper of rindless cheese graded as Wisconsin grade B shall be fairly neat, and shall adequately and securely envelop the cheese to protect the surface. The wrapper may not be broken but may be wrinkled. The cheese may be huffed and lopsided. The cheese may have slight mold under the wrapper or covering in the medium cured and cured classifications, but there shall be no indication that mold has entered the cheese. Finish and appearance standards are shown in the grade B column of Table 4 under s. ATCP 81.40 (4) (a).
ATCP 81.42 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93.
subch. V of ch. ATCP 81 Subchapter V —Colby and Monterey (Jack) Cheese; Grade Standards
ATCP 81.50 ATCP 81.50Wisconsin certified premium grade AA standards. Colby and monterey (jack) cheese labeled or sold as Wisconsin certified premium grade AA shall conform to the following standards:
ATCP 81.50(1) (1)Flavor characteristics. Wisconsin certified premium grade AA colby and monterey (jack) cheese may be lacking in flavor development, or may possess characteristic cheese flavors. The flavor shall be fine, highly pleasing and free from undesirable flavors and odors, except it may possess a very slight feed flavor. Flavor standards are shown in the grade AA column of Table 5. The presence or absence of flavor characteristics shall be determined organoleptically by taste and smell.
TABLE 5. COLBY AND MONTEREY (JACK) CHEESE - See PDF for table PDF
ATCP 81.50 Note VS = very slight; S = slight; D = definite; P = pronounced; Blank = none detectable.
ATCP 81.50(2) (2)Body and texture characteristics. Wisconsin certified premium grade AA colby and monterey (jack) cheese shall be reasonably firm. The cheese may have evenly distributed small mechanical openings or a closed body. The cheese may not contain any sweet holes, yeast holes or other gas holes. The cheese may be definitely curdy or partially broken down if it is more than 3 weeks old. Body and texture standards are shown in the grade AA column of Table 6.
TABLE 6. COLBY AND MONTEREY (JACK) CHEESE - See PDF for table PDF
ATCP 81.50 Note VS = very slight; S = slight; D = definite; P =pronounced; Blank = condition not present.
ATCP 81.50(3) (3)Color characteristics.
ATCP 81.50(3)(a)(a) Wisconsin certified premium grade AA colby cheese may be uncolored or colored to any degree recognized within the cheese manufacturing industry. The color shall be uniform, bright and attractive.
ATCP 81.50(3)(b) (b) Wisconsin certified premium grade AA monterey (jack) cheese may not be colored.
ATCP 81.50(3)(c) (c) Color standards for Wisconsin certified premium grade AA colby and monterey (jack) cheese are shown in the grade AA column of Table 7.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.