ATCP 65.01, Definitions.
• ATCP 65.01, as renumbered, includes the following revisions:
• Adds definitions for “abnormal milk,” “aseptic processing and packaging system,” “bulk tank unit,” “facility,” “grade A producer permit,” and “qualified facility.”
• Repeals and replaces definitions for “C-I-P equipment,” “C-I-P milking equipment,” and “C-I-P milk pipelines” with a definition of “C-I-P” and numbered this definition as 65.01 (9).
• Updates the definition for “dairy product” to be consistent with current statute.
• Replaces the term “food safety division” with “division.”
• Expands 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.
• Broadens the definition for “equipment” to cover equipment used on dairy farms and in dairy plants.
• Repeals the definition from ATCP 60.01 (6) for “dairy plant” and replaces it with a modification of the definition from ATCP 80.01 (5) for “dairy plant.”
• Revises 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.”
• Revises the definition of “milk contractor” to indicate that a milk contractor can, while not operating an actual dairy plant, submit a milk producer license application on behalf of one or more milk producers and thereby certify that each milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.
• Expands the definition “procure milk” to clarify that procured milk must be acquired directly from a licensed milk producer.
• Clarifies that “sanitizers” shall be in compliance with 21 CFR part 178.1010 or otherwise approved by the division. • Repeals 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 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.
