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.
ATCP 65.912, Performance-based farm inspection.
ATCP 65.912 is modified to bring Wisconsin’s performance-based farm inspection program into full compliance with Appendix P of the PMO. Specifically, the rule prohibits placing a farm in a category requiring inspection only once or twice per year under the program if the milk producer has been cited during the past year with any violation that presents an imminent health hazard. The rule also prohibits placing a farm in a category, requiring inspection only once or twice per year, if the milk producer has received a warning under s. ATCP 65.920(5) during the past year. ATCP 65.920(5) continues to require the division to issue a warning notice if an inspection finds a key violation. However, the definition of a key violation is expanded to include instances when a farm is cited for one or more identical violations during two consecutive inspections, i.e., double debits. Finally, the rule prohibits placing a farm in a category requiring inspection only once or twice per year, if the milk shipped from the farm was found to have had any drug residues during the past year. ATCP 65.920, Suspension or revocation of a Grade “A” producer permit or milk producer license.
ATCP 65.920 specifies the procedures for suspending or revoking a Grade “A” producer permit or milk producer license. Except for a summary suspension, it prohibits the department from suspending or revoking a milk producer’s license unless the secretary or the secretary’s designee orders the suspension. The Department must provide notice and opportunity for a hearing. Under ATCP 65.920 (3), the division may issue a summary suspension of a milk producer’s license under certain circumstances, including instances where the milk producer has refused an inspection or sampling authorized by law, and one or more specific conditions outlined in the rule indicate the sale or shipment of milk from the farm poses an imminent hazard. ATCP 65.920 also outlines procedures for reinstating a Grade “A” permit or license, for suspending a Grade “A” milk producer permit and reinstatement of a Grade “A” milk producer permit.
ATCP 65.922, Enforcement actions taken in response to drug residue violations.
ATCP 65.922 requires the Department to issue a warning notice whenever a producer milk sample test result is confirmed positive for a drug residue. Once a milk producer receives a warning notice for drug residues, the milk producer must implement a drug residue prevention program within 21 days of the effective date of the notice or the producer’s Grade “A” permit will be suspended. If the drug residue prevention program is not completed within 45 days of the effective date of the warning notice, the milk producer’s license will be suspended. The rule already included this requirement and a penalty provision to be invoked if the producer has 3 drug residue violations within 12 months. These penalties are modified in the proposed rule and a penalty is created in sub. ATCP 65.922 (4) for milk producers whose milk sample yields a confirmed positive test result for drug residue in a second separate 24-hour period within 12 months of the first violation. After the second offense, the proposed rule requires the license to be suspended for 5 days unless the milk producer agrees within 15 days of the warning notice taking effect to pay a civil forfeiture or to discard one milk shipment; the milk producer must also complete participation in a drug residue prevention program and present a certificate of completion for the program within 180 days of receiving a warning letter. Milk producers whose milk sample yields a confirmed positive test result for drug residues in a third separate 24-hour period within 12 months of the first violation would have their milk producer license suspended for 10 days unless the milk producer agrees within 15 days of the warning notice taking effect to pay two civil forfeitures or to discard two milk shipments; the milk producer would also have to develop and implement a Department approved drug residue program and present documentation indicating that this program has been implemented for at least 90 days.
ATCP 65.928, Right of hearing.
ATCP 65.928 (3) is revised to require the department to hold an informal hearing within 20 days, rather than 10 days, of receiving a hearing request. This change will bring the rule into compliance with ch. ATCP 1 (Administrative Orders and Contested Cases.) ATCP 65.928 (4) is revised to eliminate the 10-day requirement for requesting a contested case hearing, in conformance with Subch. III, ch. 227, Stats., and s. ATCP 1.03 (3) (a) 1. It is also revised to add that a request for a contested case hearing must follow the requirements in s. ATCP 1.06. Appendix A: 3-A Sanitary Standards and Accepted Practices
Appendix A is updated to reflect 3-A Sanitary Standards and Accepted Practices effective on or before October 11, 2014.
Consolidating dairy farm and dairy plant regulations into one rule.
To minimize overlapping requirements and duplicative regulations, improve ease of use, and ensure consistent application of the rules, this rule revision consolidates and renumbers existing provisions from ATCP 60 (Dairy Farms) and ATCP 80 (Dairy Plants) into the newly created ch. ATCP 65 (Milk and Milk Products.) The following describes how existing chapters were consolidated and renumbered into ch. ATCP 65. Subchapters, sections, and paragraphs were also retitled, as necessary, to maintain clarity.
