Expanded the definition for “grade B milk” to clarify that grade B milk is not processed into fluid milk for consumption; it is only used in the production of non-grade “A” dairy products.
Broadened the definition for “equipment” to cover equipment used on dairy farms and in dairy plants.
Repealed the definition from ATCP 60.01 (6) for “dairy plant” and replaced it with the definition from ATCP 80.01 (5) for “dairy plant.”
Revised the definition of “milk” to be consistent with the PMO definition by including the phrase “practically free of colostrum, obtained by the complete milking of one or more healthy milking animals.”
Expanded the definition “procure milk” to clarify that procured milk must be acquired directly from a licensed milk producer.
Updated the definition of “safe temperature” to state that safe refrigerated temperatures for potentially hazardous foods are 41°F. (5° C.) or below and safe heated temperatures for potentially hazardous foods are 135° F. (57°C.) or higher. This definition is now consistent with the Wisconsin Food Code (appendix to ch. ATCP 75, Retail Food Establishments) and ch. ATCP 70, Food Processing Plants.
Clarified that “sanitizers” shall be in compliance with 21 CFR part 178.1010 or otherwise approved by the division.
Repealed the definitions for “single-service utensil” and “single-service package” and replaced them with a definition for “single-service articles.” ATCP 65.02, Milk producer license and permits; and fees.
ATCP 65.02 was retitled from “Milk producer license; fees” to “Milk producer license and permits; fees.” This section was revised to consolidate all information about milk producer Grade “A” and Grade “B” licenses, Grade “A” permits, and fees from ATCP 60.02, 60.03, 60.04, and 60.05.
ATCP 65.02 (1) now requires a license for each milk producer, for each species of milk animal milked by a single milk producer, and each dairy farm operated by a milk producer at which milk is produced and offered for sale. Previously, not all of these parameters were mentioned.
ATCP 65.02 (2) was revised to clarify that a representative of the dairy plant may submit an application on behalf of a milk producer and that the dairy plant representative shall certify that both the dairy farm and milking operations comply with applicable requirements under the law.
ATCP 65.02 (4) (b) adds the due date of April 30 for paying the annual license fee.
ATCP 65.02 (8), “Milk produced for custom processing”, was created by consolidating existing requirements for custom processing a producer’s milk. Requirements for custom processing were not otherwise changed.
ATCP 65.02 (11) “Grade A permit”, allows no more than one milk producer to have a Grade “A” permit at a single dairy farm unless all of the milk shipped from that dairy farm is assigned to one bulk tank unit and each milk producer is licensed.
ATCP 65.02 (12) “Grade A permits at a single dairy farm operated by multiple dairy producers”, was added to describe conditions under which more than one Grade “A” milk producer permit may be held on one dairy farm.
ATCP 65.04, Dairy plant licenses and permits; fees.
ATCP 65.04 consolidates all dairy plant licensing and Grade “A” permit requirements, and fee information found in ss. ATCP 80.02, 80.04, and 80.06. ATCP 65.04 (1) (b) 1., clarifies that no dairy plant license is required for a farm manufacturing dairy products solely for the owner/operator, members of the farm household, or nonpaying farm guests or employees.
ATCP 65.04 (2) (b) 2., exempts permitted restaurants from a dairy plant license if they prepare or process commercially pasteurized dairy products. However, permitted restaurants are not allowed to package Grade “A” dairy products without a dairy plant license.
ATCP 65.04 (2) (b) 3., exempts retail food establishments licensed under s. 97.30, Stats., from a dairy plant license if they process non-Grade “A” dairy products made from commercially pasteurized dairy products solely for retail sale. ATCP 65.08, Milkhouse.
ATCP 65.08 (2) was created to prohibit locating milkhouse access driveways and doors such that animal waste would be tracked into the milkhouse.
ATCP 65.10, Dairy farm water supply.
ATCP 65.10 (3) was updated to require wells to comply with ch. NR 810, Requirements for the Operation and Maintenance of Public Water Systems, in addition to chs. NR 811, Requirements for the Operation and Design of Community Water Systems, and NR 812, Well Construction and Pump Installation. ATCP 65.10 (5) (a) clarifies that if a milk producer has more than one well, water from each well shall be tested at least once every two years. This change brings the provision into conformance with the PMO.
ATCP 65.14, Milking and milk handling systems.
ATCP 65.14 (5) recognizes the increasing adoption of modernized milking systems by incorporating PMO requirements for automatic milking installations, or robotic milking systems.
ATCP 65.16, Bulk tanks and bulk transport containers.
ATCP 65.16 (5) (f) creates requirements for the location of bulk transport containers which receive milk directly from the milking equipment (“direct ship” milking).
ATCP 65.22, Farm premises.
ATCP 65.22 (5) (c) prohibits mixing or storage of human waste or septage with animal manure. This provision was added to prevent recurrence of observed situations in which transmission of human fecal pathogens via dairy farm facilities was clearly possible.
ATCP 65.24, Construction and maintenance.
ATCP 65.24 (1) (b) requires that a written variance from a construction standard may only be issued for dairy plants that do not hold a grade A permit, i.e. Grade “B” plants. The PMO does not allow construction variances for Grade “A” dairy plants.
ATCP 65.24 (1) (c) prohibits dairy plants from being directly connected to a milking barn, milking parlor or animal housing area. This provision is intended to minimize transmission of pathogenic microorganisms into the dairy plant.
ATCP 65.24 (2) (e) was revised to clarify that floors in rooms used solely for the storage of dry ingredients or packaging materials need not have trap-equipped floor drains.
ATCP 65.24 (4) (a) currently exempts overhead doors and electronic sliding doors in delivery areas from the requirement to be kept closed when not in use. This requirement was revised and excludes Grade “A” dairy plants from the exemption, while continuing to allow receiving stations and Grade “B” dairy plants to keep overhead and electronic sliding doors open when not in use. This change will bring Wisconsin’s regulations in compliance with the PMO.
ATCP 65.24 (8), Dairy plant water supply.
ATCP 65.24 (8) was modified to require that water used in dairy products complies with ch. NR 810, Requirements for the Operation and Maintenance of Public Systems, in addition to chs. NR 811, Requirements for the Operation and Design of Community Water Systems, and NR 812 Well Construction and Pump Installation. ATCP 65.24 (8) (b) requires that water from a privately owned water system supplying a dairy plant, shall be tested to ensure it meets safe drinking requirements under ch. NR 809, Safe Drinking Water, after a repair or alteration. Testing is to be done by the operator of a Grade “B” plant; a division representative shall sample the water at a Grade “A” plant and have it tested. This requirement is in addition to the current requirement for routine testing conducted every six months. If a water supply comes from multiple wells, the rule also requires that all wells be sampled and tested and that samples be taken upstream from any pressure tank or other water treatment equipment. Finally, ATCP 65.24 (8) (h) was created to require Grade “A” dairy plants using water to flush pasteurized milk or milk products from their milk processing systems to use water that is of equivalent microbiological quality to pasteurized milk.
ATCP 65.26, Personnel; sanitation standards.
ATCP 65.28 (3) the term “food processing equipment” was changed to “dairy processing equipment.”
