ATCP 65.02, Milk producer license and permits; and fees.
ATCP 65.02 is retitled from “Milk producer license; fees” to “Milk producer licenses and permits; fees.” This section is revised to consolidate all information about the milk producer license (required for Grade “A” and Grade “B” dairy farms), Grade “A” permits, and fees from ss. ATCP 60.02, 60.03, 60.04, and 60.05. ATCP 65.02 (1) clarifies that a license is required for each milk producer, species of milk animal milked by a single milk producer, and dairy farm operated by a milk producer at which milk is produced and offered for sale. Previously, not all of these parameters were specifically mentioned.
ATCP 65.02 (2) is revised to clarify that a representative of the dairy plant or milk contractor may submit an application on behalf of a milk producer and that the dairy plant or milk contractor representative shall certify that both the dairy farm and milking operations comply with applicable requirements in this chapter.
ATCP 65.02 (4) (b) adds the due date of April 30 for paying the annual license fee.
ATCP 65.02 (4) (b) 2. specifies that the milk producer license fee is non-refundable.
ATCP 65.02 (8), “Milk produced for custom processing,” is created by consolidating existing requirements for custom processing a producer’s milk. Requirements for custom processing were not otherwise changed.
ATCP 65.02 (12) “Grade A permits at a single dairy farm operated by multiple dairy producers,” is 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 (1) (b) 2. exempts appropriately licensed restaurants from a dairy plant license if they prepare or process dairy products made from commercially pasteurized dairy products. However, licensed restaurants are not allowed to package Grade “A” dairy products for retail sale without a dairy plant license.
ATCP 65.04 (1) (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 at the establishment. ATCP 65.04 (8) specifies that dairy plant license fees are non-refundable.
ATCP 65.08, Milkhouse.
ATCP 65.08 (2) is created to prohibit locating milkhouse access driveways and doors in such a way that animal waste could be tracked into the milkhouse.
ATCP 65.10, Dairy farm water supply.
ATCP 65.10 (3) is updated to require wells to comply with applicable requirements of chs. NR 810 (Requirements for the Operation and Maintenance of Public Water Systems), 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 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, called “direct ship” milking.
ATCP 65.22, Farm premises.
ATCP 65.22 (6) (c) prohibits mixing or storing 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 65.23, Federal requirements
ATCP 65.23 specifies which requirements of the federal Preventive Controls−Human Food rule must be met by Wisconsin-licensed dairy plants.
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 other animal housing facility or area. This provision is intended to minimize transmission of pathogenic microorganisms into the dairy plant.
ATCP 65.24 (2) (e) is revised to clarify that floors in rooms used solely for the storage of dry ingredients or packaging materials need not have floor drains.
ATCP 65.24 (4) (a) currently exempts overhead and electronic sliding doors in delivery areas from the requirement that doors be kept closed when not in use. This requirement is revised to require Grade “A” dairy plants to keep overhead and sliding electronic doors closed when not in use. The new language will continue 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) is modified to require that water used in dairy products complies with applicable requirements in 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 microbiological standards 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 while a division representative shall sample the water at a Grade “A” plant and have it tested. If a dairy plant is producing both Grade “A” and Grade “B” products, a division representative shall sample the water. 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. ATCP 65.24 (8) (h) is 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 65.28, Equipment and utensils.
ATCP 65.28 (7) (e) 5. is created to exempt dairy plants from having to clean certain reverse osmosis equipment after each day’s use.
ATCP 65.28 (7) (f) is modified to require a dairy plant operator to consult with FDA before seeking division approval of a proposal for an alternative cleaning and sanitizing schedule for continuously operated equipment that comes in contact with Grade “A” products. This provision now conforms to the PMO.
ATCP 65.36, Receiving milk and dairy products.
ATCP 65.36 (3) is revised to clarify that a bulk milk tanker transporting Grade “A” milk may hold a Grade “A” permit issued by another state’s regulatory agency. This change recognizes reciprocity requirements of the PMO and recent changes in ch. ATCP 82 (Bulk Milk Collection, Sampling, and Transportation.) ATCP 65.38, Collecting milk samples.
ATCP 65.38 (1) is revised to indicate that all milk shipments received at a plant, including those received in a direct-ship tanker, must be sufficiently agitated to ensure that the mandatory sample taken is representative of the tanker contents.
ATCP 65.40, Storing and handling milk and dairy products.
ATCP 65.40 (2) (a) allows the division to authorize alternative temperature limits for storing non-Grade “A” milk and milk products.
ATCP 65.40 (2) (e) 7. exempts acid whey, with specified percent titratable acidity or pH, from storage time and storage temperature requirements applicable to other dairy products. This change is in response to information presented by industry.
