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.
ATCP 65.41, Low-acid or acidified dairy products packaged in hermetically sealed containers for non-refrigerated storage.
ATCP 65.41 (1) requires manufacturing of low-acid dairy products, packaged in hermetically sealed containers for non-refrigerated storage, to be done in compliance with federal canning regulations.
ATCP 65.41 (2) requires manufacturing of acidified dairy products, packaged in hermetically sealed containers for non-refrigerated storage, to be done in compliance with federal regulations pertaining to acidified canned foods.
ATCP 65.42, Recall plan.
ATCP 65.42 requires dairy plants manufacturing or processing dairy products to have a written plan for identifying and recalling dairy products should a food recall become necessary, and describes the required contents of such a plan. This new requirement is consistent with the recall plan requirements in ch. ATCP 70 (Food Processing Plants), ch. ATCP 88 (Eggs), and federal requirements for facilities fully subject to the federal Preventive Controls – Human Food rule. This requirement does not apply to receiving stations or transfer stations. ATCP 65.58, Pasteurization time and temperature.
ATCP 65.58 (1) requires that alternative methods of pasteurization of Grade “A” products be recognized by the FDA.
ATCP 65.72, Drug residue testing.
ATCP 65.72 (3) (c) is revised to indicate that a bulk load of milk must be agitated sufficiently to ensure that the sample taken for drug residue testing is representative of the bulk load of milk. Further revision allows for Department approval of an alternative sampling method that is not dependent on agitation to obtain a representative sample.
ATCP 65.72 (6) allows dairy plants to recover the cost of an entire bulk load of milk from a milk producer, responsible for contaminating that load with milk adulterated with drug residues, or from the milk contractor from whom the milk was procured. The milk contractor may, in turn, recover the cost of the entire load from the milk producer responsible for contaminating that load with milk adulterated with drug residues.
ATCP 65.74, Milk and dairy products; quality standards.
ATCP 65.74 (2) (a) is revised to state that bacterial counts for nonfat dry milk shall not exceed 10,000 per gram. This revision brings this provision into conformance with the PMO.
ATCP 65.910, Inspection of dairy farms; general.
ATCP 65.910 (2) increases the inspection frequency for Grade “B” dairy farms from once every two years to once a year. This provision is made to ensure maintenance of adequate conditions on the Grade “B” dairy farms.
ATCP 65.910 (3) is revised to be consistent with the PMO. The PMO does not allow a variance from a dairy farm standard for Grade “A” dairy farms.
