Chapter ATCP 82

ATCP 82.10(4)(b) (b) A bulk milk weigher and sampler who rejects milk under par. (a) may not collect that milk, or commingle it with milk from any other producer. If a producer disputes a bulk milk weigher and sampler’s rejection of milk, the bulk milk weigher and sampler shall contact the operator of the dairy plant to which the milk would ordinarily be delivered, and the dairy plant operator shall examine the rejected milk to determine whether it was properly rejected.

ATCP 82.10(5) (5) Hand washing. A bulk milk weigher and sampler shall wash and dry his or her hands before performing any of the following operations at a dairy farm:

ATCP 82.10(5)(a) (a) Using the bulk milk weigher and sampler’s calibrated thermometer to measure the temperature of milk in a dairy farm bulk tank.

ATCP 82.10(5)(b) (b) Measuring the milk in the bulk tank.

ATCP 82.10(5)(c) (c) Sampling the milk in the bulk tank.

ATCP 82.10(6) (6) Milk temperature.

ATCP 82.10(6)(a) (a) Before a bulk milk weigher and sampler collects milk at a dairy farm, the bulk milk weigher and sampler shall record the temperature of the milk to be collected, as shown on the dairy farm bulk tank indicating thermometer. If the milk is collected more than 2 hours after the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 45° F. (7° C.). If milk from 2 or more milkings is collected within 2 hours of the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 50° F. (10° C.). Milk which does not meet these temperature requirements may be collected if, within 4 hours after collection, the milk has begun to be processed exclusively into milk or dairy products not designated as a grade A dairy product under s. ATCP 65.01 (26) and (27).

ATCP 82.10(6)(b) (b) At least once each month, and more often if necessary, a bulk milk weigher and sampler shall check the accuracy of each dairy farm bulk tank indicating thermometer by measuring the temperature of milk in the bulk tank with the bulk milk weigher and sampler’s dial or digital thermometer. The bulk milk weigher and sampler shall keep a written record comparing the temperatures recorded by the bulk milk weigher and sampler’s thermometer with those recorded by the bulk tank thermometer. The written record shall be kept in the dairy farm milkhouse for at least one year.

ATCP 82.10(6)(c) (c) Before a bulk milk weigher and sampler uses a dial or digital thermometer to measure the temperature of milk in a dairy farm bulk tank, the weigher and sampler shall sanitize the stem of the thermometer in a sanitizing solution of not less than 100 ppm nor more than 200 ppm chlorine or its equivalent. The bulk milk weigher and sampler shall use the sanitizing solution according to label directions.

ATCP 82.10(6)(d) (d) A bulk milk weigher and sampler shall immediately notify the milk producer and the dairy plant operator if the bulk milk weigher and sampler finds that a dairy farm bulk tank is not cooling properly, or that the bulk tank thermometer is not indicating or recording temperatures accurately.

ATCP 82.10(7) (7) Connecting milk hose. Before a bulk milk weigher and sampler connects a bulk milk tanker hose to a dairy farm bulk tank, the bulk milk weigher and sampler shall examine the fittings of the bulk milk tanker hose and the dairy farm bulk tank outlet to ensure that both are clean. Before connecting the hose, the bulk milk weigher and sampler shall clean and sanitize the bulk tank outlet if the outlet valve is leaking. The bulk milk weigher and sampler shall attach the milk hose to the bulk tank outlet in a manner that does not contaminate the hose or hose cap. The hose shall be connected through the hose port in the milkhouse, and not through the milkhouse door.

ATCP 82.10(8) (8) Measuring milk in the bulk tank.

ATCP 82.10(8)(a) (a) Before milk is transferred from a dairy farm bulk tank to a bulk milk tanker, the bulk milk weigher and sampler shall accurately measure the amount of milk in the bulk tank. The bulk milk weigher and sampler shall measure the milk using a gauge rod or other measuring device that is specifically designed and calibrated to measure milk in the bulk tank. Immediately before using a gauge rod, the bulk milk weigher and sampler shall wipe it dry with a clean single-service disposable towel.

ATCP 82.10(8)(b) (b) A bulk milk weigher and sampler shall not measure the amount of milk in a dairy farm bulk tank until the milk is motionless. If the milk is being agitated, the bulk milk weigher and sampler shall turn off the agitator and wait for the milk to become completely motionless before measuring the milk.

ATCP 82.10(8)(c) (c) After measuring the milk with a gauge rod or other device, the bulk milk weigher and sampler shall use that measurement to calculate the weight or volume of milk in the bulk tank using the bulk tank manufacturer’s conversion chart. The bulk milk weigher and sampler shall record that weight or volume on a written collection record under sub. (10).

ATCP 82.10(9) (9) Milk sample for testing.

ATCP 82.10(9)(a) (a) Before milk is transferred from a dairy farm bulk tank to a bulk milk tanker, a bulk milk weigher and sampler shall collect a representative sample of that milk from the bulk tank for testing. The bulk milk weigher and sampler shall collect the test sample according to s. ATCP 82.12.

ATCP 82.10(9)(b) (b) No additional milk may be added to the bulk tank until after all of the following:

ATCP 82.10(9)(b)1. 1. Sampling and measuring has occurred.

ATCP 82.10(9)(b)2. 2. The pick-up of milk is complete.

ATCP 82.10(9)(b)3. 3. The pick-up hose is disconnected from the bulk tank.

ATCP 82.10(10) (10) Milk collection record. Whenever a bulk milk weigher and sampler collects a milk shipment from a dairy farm, the bulk milk weigher and sampler shall make a written or electronic collection record for that shipment. One duplicate or electronically-printed copy of the collection record shall be posted in the dairy farm milkhouse, and an identical copy shall be provided to the dairy plant operator when the milk is delivered to a dairy plant. The collection record shall be legibly signed or initialed by the bulk milk weigher and sampler and shall include all of the following:

ATCP 82.10(10)(a) (a) The milk producer’s dairy plant identification number.

ATCP 82.10(10)(b) (b) The bulk milk weigher and sampler’s license number and license expiration date.

ATCP 82.10(10)(c) (c) The date and time when the milk was sampled and collected.

ATCP 82.10(10)(d) (d) The temperature of the milk when collected, as determined by the bulk milk weigher and sampler under sub. (6).

ATCP 82.10(10)(e) (e) The weight or volume of milk collected, as determined by the bulk milk weigher and sampler under sub. (8).

ATCP 82.10(11) (11) Loading milk.

ATCP 82.10(11)(a) (a) After a bulk milk weigher and sampler has sampled milk from a dairy farm bulk tank under sub. (9) and prepared a complete collection record under sub. (10), the bulk milk weigher and sampler may transfer milk from that bulk tank to the bulk milk tanker. A bulk milk weigher and sampler may not collect milk from any container on a dairy farm other than from a bulk tank. Except as provided in par. (am), partial removal of milk from the bulk tank shall only be permitted if the bulk tank is completely emptied, cleaned, and sanitized prior to the addition of more milk to the bulk tank.

ATCP 82.10(11)(am) (am) Partial removal of milk from the bulk tank shall be permitted if all of the following apply:

ATCP 82.10(11)(am)1. 1. The bulk tank is equipped with a 7 day recording device approved by the department as specified in s. ATCP 65.14 (6).

ATCP 82.10(11)(am)2. 2. The bulk tank is cleaned and sanitized when emptied.

ATCP 82.10(11)(am)3. 3. The bulk tank is emptied at least every 72 hours.

ATCP 82.10(11)(am)4. 4. The bulk milk weigher and sampler indicates the time and date on the recorder chart when a partial pickup is made and when the bulk tank is emptied.

ATCP 82.10(11)(b) (b) After a bulk milk weigher and sampler has collected all of the milk from a bulk tank, the bulk milk weigher and sampler shall disconnect the milk hose from the bulk tank, cap the hose, and return the hose to its cabinet in the bulk milk tanker. The bulk milk weigher and sampler shall inspect the bulk tank for abnormal sediments, and shall report any abnormal sediments to the dairy plant operator.

ATCP 82.10(11)(c) (c) After the bulk milk weigher and sampler has disconnected the milk hose and inspected the empty bulk tank for abnormal sediments, the bulk milk weigher and sampler shall rinse the bulk tank and milkhouse floor with cold or lukewarm water unless the bulk tank is self-cleaning and includes a pre-rinse cycle as part of the self-cleaning process.

ATCP 82.10 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (2) (intro.), (c), (d), (f) and (6) (c), Register January 2008 No. 625, eff. 2-1-08; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2008 No. 625; CR 13-104: am. (1) (a), (b), (2) (intro.), (c) to (e), (3), (4) (b), (5) (a), renum. (5) (a) (intro.), 1. to 3. to (5) (intro.), (a) to (c) and am., r. (5) (b), am. (6) (to) (8), renum. (9) to (9) (a) and am., cr. (9) (b), am. (10) (intro.), (a), (b), (d), (e), (11) (a), cr. (11) (am), am. (11) (b), (c) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (6) (a) Register August 2016 No. 728, eff. 9-1-16; correction in (11) (am) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 82.12 ATCP 82.12 Milk samples for testing.

ATCP 82.12(1) (1) Sample required.

ATCP 82.12(1)(a) (a) A bulk milk weigher and sampler or other individual shall collect a sample of a producer’s milk before that milk is commingled with milk from any other producer. The bulk milk weigher and sampler or other individual who collects the sample shall be licensed under s. 98.146 or 97.17, Stats.

ATCP 82.12(1)(b) (b) A bulk milk weigher and sampler who collects milk from a dairy farm bulk tank shall collect the milk sample under par. (a). The bulk milk weigher and sampler shall collect the milk sample from the bulk tank before the bulk milk weigher and sampler transfers the bulk tank contents to a bulk milk tanker. The bulk milk weigher and sampler shall collect the sample according to sub. (2). The milk sample may not be commingled with a milk sample from any other bulk tank.

ATCP 82.12(1)(c) (c) If a milk producer milks directly to a bulk milk tanker, an individual licensed under s. 98.146 or 97.17, Stats., shall collect a milk sample under par. (a) from the bulk milk tanker before the tanker contents are commingled with milk from any other milk producer. The individual shall collect the sample according to sub. (3). The milk sample may not be commingled with a milk sample from any other bulk milk tanker or dairy farm bulk tank.

ATCP 82.12(2) (2) Sampling procedure; dairy farm bulk tanks. A bulk milk weigher and sampler shall comply with the following procedures when collecting a milk sample from a farm bulk tank under sub. (1) (b):

ATCP 82.12(2)(a) (a) The bulk milk hauler weigher and sampler shall collect the sample from the dairy farm bulk tank after the bulk tank contents have been thoroughly mixed to ensure that the sample is representative. If the bulk tank capacity is less than 1500 gallons, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler’s presence for at least 5 minutes before a sample is taken. If the bulk tank capacity is 1500 gallons or more, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler’s presence for at least 10 minutes before a sample is taken.

ATCP 82.12(2)(b) (b) The bulk milk weigher and sampler shall collect the sample using a method approved by the department or a sample dipper that is of sanitary design and construction, is clean, and in good repair. The dipper shall be cleaned, sanitized, and then dipped at least twice in the bulk tank milk before it is used to collect a sample. The bulk milk weigher and sampler shall sanitize the dipper in a sanitizing solution that is not less than 100 ppm nor more than 200 ppm chlorine or an equivalent sanitizing solution and shall comply with the label directions of the sanitizing solution.

ATCP 82.12(2)(c) (c) After dipping the milk sample from the bulk tank, the bulk milk weigher and sampler shall pour the sample into a sample container under sub. (4), and shall securely close the container. The container shall be labeled with the information required under sub. (5). When pouring the sample into its container, the bulk milk weigher and sampler shall take care not to contaminate the sample or spill milk back into the open bulk tank. The bulk milk weigher and sampler shall handle the sample container and cap aseptically.

ATCP 82.12(2)(d) (d) After collecting a milk sample, the bulk milk weigher and sampler shall immediately rinse the sample dipper with clean potable water.

ATCP 82.12(2m) (2m) Sampling procedure; bulk milk tanker. An individual shall comply with the following procedures when collecting a milk sample from a bulk milk tanker under sub. (1) (c), unless the department specifies a different procedure in its authorization under s. ATCP 65.16 (5):

ATCP 82.12(2m)(a) (a) The individual shall collect the sample at the dairy plant where the bulk milk shipment is first received, in a receiving facility that complies with s. ATCP 65.36 (6).

ATCP 82.12(2m)(b) (b) Before the individual collects the milk sample, the individual shall verify that the contents of the bulk milk tanker have been thoroughly mixed, immediately prior to sampling, to ensure that the entire contents are homogeneous at the time of sampling. The contents shall be mixed in a manner that is known to ensure homogeneity.

ATCP 82.12(2m)(c) (c) The individual shall follow the same procedures that apply, under sub. (2) (b) to (d) and subs. (4) to (6), to samples collected from dairy farm bulk tanks.

ATCP 82.12(3) (3) Temperature control sample. A bulk milk weigher and sampler shall collect 2 milk samples under sub. (1) at the first dairy farm where milk is collected for each bulk milk tanker load. The bulk milk weigher and sampler shall mark one of those samples as the temperature control sample for all samples pertaining to that load. The sample container for the temperature control sample shall be marked with the producer’s identification number, the bulk milk weigher and sampler’s initials, the date and time when the sample was collected, and the temperature of the milk in the farm bulk tank from which the sample was collected.

ATCP 82.12(4) (4) Sample containers. A sample container used to collect a milk sample under sub. (1) shall be all of the following:

ATCP 82.12(4)(a) (a) Made of non-toxic, transparent materials.

ATCP 82.12(4)(b) (b) Designed so that it can be securely closed.

ATCP 82.12(4)(c) (c) Large enough to hold milk for initial and repeat testing under s. ATCP 65.76, and large enough to permit thorough mixing of sample contents before testing.

ATCP 82.12(4)(d) (d) Labeled with the all of the information required under sub. (5), or designed so that the bulk milk weigher and sampler can easily mark that information on the sample container.

ATCP 82.12(4)(e) (e) Clean, commercially sterile, and dry at the time of use.

ATCP 82.12(4)(f) (f) Properly protected from contamination.

ATCP 82.12(5) (5) Sample identification. Immediately before a bulk milk weigher and sampler collects a milk sample under sub. (1), but before the bulk milk weigher and sampler opens the sample container, the bulk milk weigher and sampler shall clearly and indelibly label the sample container with all of the following information unless that information is already labeled on the sample container:

ATCP 82.12(5)(a) (a) A producer identification number, assigned by the dairy plant operator, that uniquely identifies the milk producer.

ATCP 82.12(5)(b) (b) The date when the sample was collected.

ATCP 82.12(6) (6) Care and delivery of milk samples.

ATCP 82.12(6)(a) (a) Immediately after a bulk milk weigher and sampler collects a milk sample under sub. (1), the bulk milk weigher and sampler shall place the sample container in a clean refrigerated carrying case in which the bulk milk weigher and sampler shall keep the sample at a temperature of 32 to 40°F. (0 to 4°C.). The carrying case shall be constructed of rigid metal or plastic, shall be effectively insulated and refrigerated to keep samples at the required temperature, and shall have racks designed to hold samples in a proper upright position. If sample containers are packed in ice or cold water to keep the samples refrigerated, the ice or water shall cover no more than 2/3 of each sample container.

ATCP 82.12(6)(b) (b) A bulk milk weigher and sampler who collects a milk sample under sub. (1) shall promptly deliver the sample to the dairy plant that receives the milk from the producer, or to a certified testing laboratory designated by the dairy plant operator.

ATCP 82.12 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: r. and recr. (1), am. (2) (title), (intro.) and (b), cr. (2m), Register January 2008 No. 625, eff. 2-1-08; CR 13-104: am. (1) (a), (b), (2), cons. (2m) (b) (intro.) and 2. and renum. to (b) (intro.) and am., r. (2m) (b) 1., am. (3), (4) (d), (5) (intro.), (6) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (2m) (intro.), (a), (4) (c) Register August 2016 No. 728, eff. 9-1-16.

ATCP 82.14 ATCP 82.14 Delivering milk to dairy plant.

ATCP 82.14(1) (1) Except in the event of a traffic accident, vehicle breakdown, or similar emergency, no milk from a bulk milk tanker may be unloaded from a bulk milk tanker or transferred to another bulk milk tanker at any place other than a dairy plant licensed under s. 97.20, Stats., and s. ATCP 65.04, or a dairy plant licensed under equivalent laws of another state. If milk is unloaded or transferred at any location other than a licensed dairy plant, the person having custody of the milk shall notify the department of that unloading or transfer before that milk is processed or shipped to any other location.

ATCP 82.14(2) (2) Milk shall be unloaded or transferred from a bulk milk tanker in a manner that avoids contamination of milk or milk contact surfaces. Air entering a bulk milk tanker when the tanker is unloaded shall be filtered to prevent contamination of milk and milk contact surfaces.

ATCP 82.14(3) (3) A bulk milk tanker shall be cleaned and sanitized when empty as provided under s. ATCP 82.08.

ATCP 82.14 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (3), Register January 2008 No. 625, eff. 2-1-08; CR 13-104: r. (3), renum. (4) to (3) and am. Register July 2014 No. 703, eff. 8-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 82.16 ATCP 82.16 False samples or records. No person may do any of the following, or conspire with another person to do any of the following:

ATCP 82.16(1) (1) Falsely identify any milk sample.

ATCP 82.16(2) (2) Submit a false or manipulated milk sample to a dairy plant operator or testing laboratory.

ATCP 82.16(3) (3) Submit, to a dairy plant operator or testing laboratory, a milk sample collected in violation of this chapter.

ATCP 82.16(4) (4) Misrepresent the amount of milk collected from a dairy farm, or falsify any record or report required under this chapter.

ATCP 82.16 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94.