Chapter ATCP 85

ATCP 85.04(1)(b)6. 6. “Short” means a short-grained texture, lacking in plasticity, and tending toward brittleness, but not to the extent of being “crumbly.”

ATCP 85.04(1)(b)7. 7. “Sticky” means possessing excessive adhesiveness and tending to be smeary.

ATCP 85.04(1)(b)8. 8. “Weak” means a body texture that lacks firmness and tends to be spongy.

ATCP 85.04(1)(c) (c) Color characteristics. For grading purposes, the color characteristics of a sample of butter shall be based upon the presence or absence of one or more of the following attributes related to the butter’s coloration:

ATCP 85.04(1)(c)1. 1. “Mottled” means a dappled condition with spots of lighter and deeper shades of yellow.

ATCP 85.04(1)(c)2. 2. “Speckled” means the presence of small white or dark yellow particles of variable number and size.

ATCP 85.04(1)(c)3. 3. “Streaked” means the coloration appears as light colored portions surrounded by more highly colored portions.

ATCP 85.04(1)(c)4. 4. “Wavy” means an unevenness in the color that appears as waves of different shades of yellow.

ATCP 85.04(1)(d) (d) Salt characteristics. For grading purposes, the salt characteristics of a sample of butter shall be based upon the presence or absence of one of the following attributes related to the saltiness of the butter:

ATCP 85.04(1)(d)1. 1. “Sharp” means the butter is characterized by taste sensations suggestive of salt.

ATCP 85.04(1)(d)2. 2. “Gritty” means the butter is characterized by a sandlike feel of grains of undissolved salt on the tongue or between the teeth when the butter is chewed.

ATCP 85.04(2) (2) Intensity. A butter characteristic under sub. (1) may be present with one of the following degrees of intensity:

ATCP 85.04(2)(a) (a) “Slight” means an attribute is barely identifiable and present only to a small degree.

ATCP 85.04(2)(b) (b) “Definite” means an attribute is readily identifiable and present to a moderate degree.

ATCP 85.04(2)(c) (c) “Pronounced” means an attribute is markedly identifiable and present to a substantial degree.

ATCP 85.04 History History: 1-2-56; r. and recr. Register, January, 1985, No. 349, eff. 2-1-85.

ATCP 85.05 ATCP 85.05 Wisconsin butter grades; classification and disrating tables.

ATCP 85.05(1) (1) Table I. Classification of Flavor Characteristics.

- See PDF for table

ATCP 85.05(2) (2) Table II. Characteristics and Disratings In Body, Color and Salt.

- See PDF for table

ATCP 85.05(3) (3) Table III. Relation of Final Wisconsin Butter Grade to Preliminary Flavor Classification as Affected by Total Disrating.

- See PDF for table

ATCP 85.05(4) (4) Table IV. Examples of the Relation of Wisconsin Butter Grade to Flavor Classification and Total Disratings in Body, Color and Salt Characteristics.

- See PDF for table

ATCP 85.05 History History: 1-2-56; r. and recr. Register, January, 1985, No. 349, eff. 2-1-85.

ATCP 85.06 ATCP 85.06 Grade labeling.

ATCP 85.06(1) (1) Definition of terms.

ATCP 85.06(1)(a) (a) Selling butter “at retail” shall mean selling for consumption or use, or for any purpose other than resale as butter, regardless of quantity, and shall include selling to persons who sell meals or lunches. The term shall not include selling with and as a part of any meal or lunch.

ATCP 85.06(1)(b) (b) “Label” means a display of written, printed or graphic matter on the outside container or wrapper of the retail package of butter.

ATCP 85.06(2) (2) Grade statement on package label. No person shall sell, offer or expose for sale, or have in possession with intent to sell, any butter at retail unless its label bears a statement of the grade determined under these regulations. The grade statement shall be “Wisconsin Grade AA”, “Wisconsin Grade A”, “Wisconsin Grade B”, or “Wisconsin Undergrade”, as the case may be. The letters “AA”, “A” or “B” may immediately precede the term “Grade” and the name of the state may be abbreviated “Wis.” The letters of the grade statement shall be not less than 12-point type, on a strongly contrasting background. The grade statement shall prominently appear on the part or panel of the label which is presented or displayed under customary conditions of purchase. The term “when graded” or similar qualifying terms shall not be used on the label in conjunction with the grade statement.

ATCP 85.06(3) (3) Uniform insignia for Wisconsin grade AA or A. A uniform grade insignia may be used on the package label of butter which has been manufactured in Wisconsin and which has been graded “Wisconsin Grade AA” or “Wisconsin Grade A”. The insignia shall consist of the grade statement enclosed by an outline map of Wisconsin. The lines forming the map shall be not less than 3 points in width. The grade statement shall otherwise conform to the requirements in sub. (2). No other written, printed or graphic matter shall appear within the outline map. No person shall use the grade insignia on the label of any butter except as herein provided; nor shall any person use any insignia in semblance thereof on the label of any butter.

ATCP 85.06(4) (4) Coding of consumer packages. Persons packaging butter shall mark or code each consumer package or bulk container of butter and shall keep records from which the department can determine the name of the grader certifying the grade and the date of printing or churning.

ATCP 85.06(5) (5) Exception, U.S. graded butter. The provisions of this section shall not be applicable to any butter, the label of which bears the grade U.S. Grade AA, U.S. Grade A or U.S. Grade B, determined by official inspection under federal regulations and standards.

ATCP 85.06 History History: 1-2-56; renum. (4) to be (5); cr. (4), Register, June, 1960, No. 54, eff. 7-1-60; am. (4), Register, January, 1985, No. 349, eff. 2-1-85; reprinted to correct printing error in (2), Register January 2002 No. 553.

ATCP 85.07 ATCP 85.07 Licensing of graders.

ATCP 85.07(1) (1) No person shall certify or attempt to certify that any butter conforms to a grade or the specifications therefor established under these regulations without a license from the department. Licenses to certify the grade of butter shall be issued as provided in s. 97.175, Stats. The provisions of said s. 93.06 (7), Stats., governing revocation or suspension of licenses, and the conduct of licensees shall be applicable to persons licensed to certify the grade of butter. Application for license shall be in writing on a form furnished by the department, naming the location where the grading is to be done. Unless written approval is granted by the department, no licensee shall grade butter at a location other than one authorized on the license.

ATCP 85.07(2) (2) A person applying for a license under sub. (1) shall pay a biennial license fee of $75.

ATCP 85.07 History History: 1-2-56; am. Register, January, 1985, No. 349, eff. 2-1-85; CR 05-044: renum. to be (1), cr. (2) Register December 2005 No. 600, eff. 1-1-06; CR 07-037: am. (2) Register April 2008 No. 628, eff. 5-1-08.

ATCP 85.08 ATCP 85.08 Arbitration of grade disputes. In case of disagreement under any sales contract as to the grade of any butter, any party to the contract may file with the department a written request for the appointment of an arbitration committee to consist of 3 arbitrators. Each party to the dispute shall select one arbitrator and such 2 arbitrators shall select a third. All such arbitrators shall be state or federal licensed graders. The decision of a majority of such arbitrators as to the grade of butter shall be final. The party requesting the arbitration committee shall be responsible for the payment to each arbitrator of a fee of $20 for each day or part thereof engaged in arbitration duties, and a round trip travel allowance of 10 cents per mile computed from place of residence.

ATCP 85.08 History History: 1-2-56.