Chapter ATCP 65

ATCP 65.56   Labeling pasteurized and unpasteurized products.

ATCP 65.58   Pasteurization time and temperature.

ATCP 65.60   Batch pasteurization.

ATCP 65.62   HTST and HHST pasteurization.

ATCP 65.64   Aseptic processing and packaging.

ATCP 65.66   Pasteurization records.

ATCP 65.68   Pasteurizer testing.

Subchapter V — Safety and Quality Standards

ATCP 65.70   Milk quality standards for milk collected from a dairy farm.

ATCP 65.72   Drug residue testing.

ATCP 65.74   Milk and dairy products; quality standards.

ATCP 65.76   Milk quality testing.

ATCP 65.78   Milk quality test samples.

ATCP 65.80   Milk quality test records and reports.

ATCP 65.82   False samples, test results or reports.

ATCP 65.84   Milk component testing.

ATCP 65.86   Milk component test methods.

Subchapter VI — Inspection and Enforcement

ATCP 65.910   Inspection of dairy farms; general.

ATCP 65.912   Performance-based grade A dairy farm inspections.

ATCP 65.920   Suspension or revocation of grade A producer permit or milk producer license.

ATCP 65.922   Enforcement actions taken in response to drug residue violations.

ATCP 65.925   Suspension notice; requirements.

ATCP 65.926   Dairy plant license and grade A permit suspension or revocation.

ATCP 65.927   Holding orders; identification and disposal of adulterated milk.

ATCP 65.928   Right of hearing.

ATCP 65.930   Grade A dairy plants; compliance monitoring and inspection.

subch. I of ch. ATCP 65 Subchapter I — Definitions and General Requirements

ATCP 65.01 ATCP 65.01 Definitions. In this chapter:

ATCP 65.01(1) (1) “Abnormal milk” means milk that is visibly changed in color, odor, or texture, or milk that contains chemical, medicinal, or radioactive agents, which may be deleterious to human health.

ATCP 65.01(2) (2) “Aseptic processing and packaging system” means a system that is intended to fill commercially sterilized and cooled milk or milk products into pre-sterilized containers, and then hermetically seal each container with a pre-sterilized closure, in an atmosphere free of microorganisms.

ATCP 65.01(3) (3) “Automated milking installation” or “AMI” means a robotic milking system that identifies, prepares and milks lactating animals; detects and segregates abnormal milk; and automatically cleans and sanitizes all milk contact surfaces, at least once daily and after the segregation of abnormal milk, such that normal milk is not adulterated.

ATCP 65.01(4) (4) “Bulk milk tanker” means a mobile bulk container used to transport milk, fluid milk products, whey, or whey cream in bulk from a dairy farm, or to or from a dairy plant, in this state. “Bulk milk tanker” includes a container, which is permanently mounted on a motor vehicle or that is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the container. “Bulk milk tanker” does not include a container that is used by a milk producer solely to transport that producer’s own milk to that milk producer’s bulk tank or to a licensed dairy plant operated by that milk producer.

ATCP 65.01(5) (5) “Bulk milk weigher and sampler” means any person who collects official milk samples and may transport raw milk from a farm, or raw milk or fluid milk products to or from a dairy plant, receiving station or transfer station, and is licensed under s. ATCP 82.04.

ATCP 65.01(6) (6) “Bulk tank” means a permanent or semi-permanent tank, container, or silo used to receive, cool, or store bulk quantities of milk on a dairy farm. “Bulk tank” does not include milk cans.

ATCP 65.01(7) (7) “Bulk tank unit” or “BTU” means at least one dairy farm that is rated as a single entity and given a single sanitation compliance and enforcement rating by the division.

ATCP 65.01(8) (8) “Bulk transport container” means a vehicle or container into which milk directly flows during milking and that a milk producer uses to ship the milk from a dairy farm to a dairy plant.

ATCP 65.01(9) (9) “C-I-P” means clean-in-place, which is the process by which equipment is cleaned and sanitized without being disassembled and by the mechanical circulation of cleaning and sanitizing solutions onto interior milk and dairy product contact surfaces.

ATCP 65.01(10) (10) “Composite sample” means a sample of milk that is collected from 2 or more milk shipments from the same milk producer and that is compiled and preserved according to s. ATCP 65.78 (4).

ATCP 65.01(11) (11) “Cowyard” means an enclosed or unenclosed area, approximately adjacent to a milking barn or parlor, in which milking animals congregate. “Cowyard” includes milking animal walkways, feeding areas, watering areas, washing areas, and housing areas located outside but adjacent to a milking barn or parlor.

ATCP 65.01(12) (12) “Dairy farm” means a dairy farm, as defined in s. 97.22 (1) (a), Stats., operated by a milk producer and includes a milkhouse.

ATCP 65.01(13) (13) “Dairy plant” means any of the following:

ATCP 65.01(13)(a) (a) A place where a dairy product is manufactured or processed for sale or distribution as human food.

ATCP 65.01(13)(b) (b) A receiving station.

ATCP 65.01(13)(c) (c) A transfer station.

ATCP 65.01(13)(d) (d) For the purposes of assigning milk producer license application responsibilities, a milk contractor, or any business under par. (a) or (b) of this section, that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.

ATCP 65.01(14) (14) “Dairy plant operator” means a person who operates a dairy plant. “Dairy plant operator” includes the operator of a dairy plant located outside this state if the operator procures milk from producers located in this state. “Dairy plant operator” does not include a person identified under s. 97.20 (2) (e), Stats.

ATCP 65.01(15) (15) “Dairy product” means any product defined as a dairy product in s. 97.20 (1) (b) 1. to 5., Stats.

ATCP 65.01(16) (16) “Department” means the department of agriculture, trade and consumer protection.

ATCP 65.01(17) (17) “Division” means the department’s division of food and recreational safety.

ATCP 65.01(18) (18) “Drug” has the meaning given in 21 USC 321(g). “Drug” includes antibiotics and inhibitory substances.

ATCP 65.01(19) (19) “Equipment” means either:

ATCP 65.01(19)(a) (a) An implement, vessel, pipeline, machine, or apparatus, other than a utensil, and including C-I-P systems, that has one or more product contact surfaces and is used in moving, handling, storing, or processing dairy products at a dairy plant, or

ATCP 65.01(19)(b) (b) An implement, vessel, machine, or apparatus, other than a utensil, that has one or more milk contact surfaces that is used to draw milk from milking animals or to transport, hold, handle, cool, or store milk on a dairy farm.

ATCP 65.01(20) (20) “Fluid milk product” means cream, sour cream, acidified sour cream, half-and-half, sour half-and-half, whipped cream, concentrated milk, concentrated milk products, reduced fat milk, low fat milk, nonfat milk, flavored milk, buttermilk, cultured buttermilk, cultured milk, yogurt, low fat yogurt, nonfat yogurt, eggnog, holiday nog, nog-flavored milk, vitamin and mineral fortified milk or milk products, and any other fluid milk product made by adding any substance to milk or any of these products.

ATCP 65.01(21) (21) “Facility” has the meaning given in 21 CFR 117.3.

ATCP 65.01(22) (22) “Frozen dessert” means ice cream, French ice cream, artificially sweetened ice cream, frozen custard, frozen yogurt, frozen concentrates, ice milk, sherbet, gelato, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured frozen-dessert mix, and frozen whipped cream confections. “Frozen dessert” includes frozen-dessert mix.

ATCP 65.01(23) (23) “Frozen-dessert mix” means a mixture of frozen dessert ingredients that has not yet been processed and frozen to create a frozen dessert. “Frozen-dessert mix” includes a mix of previously pasteurized dry dairy ingredients that is combined with potable water to create a liquid mix.

ATCP 65.01(24) (24) “Grade A dairy farm” means a dairy farm owned or operated by a licensed producer for which a Grade A permit is required under s. ATCP 65.02 (11) and s. 97.22 (3), Stats.

ATCP 65.01(25) (25) “Grade A dairy plant” means a dairy plant required to hold a permit under s. ATCP 65.04 (14) and s. 97.20 (3), Stats.

ATCP 65.01(26) (26) “Grade A dairy product” means a fluid milk product that is produced from grade A milk and processed and distributed in compliance with grade A standards under this chapter.

ATCP 65.01(27) (27) “Grade A milk” means milk produced, processed, and distributed in compliance with Grade A requirements under this chapter.

ATCP 65.01(28) (28) “Grade A producer permit” means a grade A dairy farm permit under s. 97.22 (3), Stats.

ATCP 65.01(29) (29) “Grade B dairy plant” means a dairy plant other than a grade A dairy plant.

ATCP 65.01(30) (30) “Grade B dairy product” means a dairy product other than a grade A dairy product.

ATCP 65.01(31) (31) “Grade B dairy farm” means a dairy farm other than a grade A farm.

ATCP 65.01(32) (32) “Grade B milk” means milk other than grade A milk, that is used in the production of dairy products that are not grade A milk products as defined in s. 97.20 (1) (f), Stats.

ATCP 65.01(33) (33) “HHST” means higher heat shorter time.

ATCP 65.01(34) (34) “HTST” means high temperature short time.

ATCP 65.01(35) (35) “Key violation” means any of the following:

ATCP 65.01(35)(a) (a) A repeat violation of any dairy farm standard under subch. II, as determined on 2 consecutive inspections of a dairy farm.

ATCP 65.01(35)(b) (b) An initial violation of any dairy farm standard under subch. II if the violation creates a substantial risk of milk adulteration, whether or not the violation constitutes an imminent health hazard. The following conditions are considered key violations under this paragraph unless a division representative determines, under all of the surrounding circumstances, that they do not create a substantial risk of milk adulteration:

ATCP 65.01(35)(b)1. 1. Unclean milk contact surfaces of equipment or utensils.

ATCP 65.01(35)(b)2. 2. Filthy conditions in a milking barn or parlor, such as several days’ accumulation of manure in gutters or other areas.

ATCP 65.01(35)(b)3. 3. Filthy conditions in a cowyard that could reasonably be expected to result in milking animals having very dirty flanks, udders, and teats.

ATCP 65.01(35)(b)4. 4. Filthy conditions in a milkhouse.

ATCP 65.01(35)(b)5. 5. Water supply, water pressure, or water heating facilities not in compliance with this chapter.

ATCP 65.01(35)(b)6. 6. No access to a toilet facility on the farm premises, or to a handwashing facility in the milkhouse.

ATCP 65.01(35)(b)7. 7. Violation of standards under this chapter related to well construction or potability of water supply, including any cross connection between potable and non-potable water sources.

ATCP 65.01(35)(b)8. 8. Lack of an approved sanitizer in the milkhouse or adjacent storage areas that could be used to meet the sanitizing requirements under s. ATCP 65.12 (5).

ATCP 65.01(35)(b)9. 9. Visibly dirty udders and teats on milking animals being milked.

ATCP 65.01(35)(b)10. 10. Milk not cooled in compliance with s. ATCP 65.18 (4).

ATCP 65.01(35)(b)11. 11. Rodent activity in the milkhouse.

ATCP 65.01(35)(b)12. 12. Dead animals in the milking barn or cowyard.

ATCP 65.01(35)(b)13. 13. Violations of standards related to the design, construction or installation of equipment or utensils, if the violation creates a substantial risk of adulteration.

ATCP 65.01(35)(c) (c) Two or more initial violations of dairy farm standards under subch. II that combine to create a substantial risk of milk adulteration, whether or not the violations individually create a substantial risk of adulteration.

ATCP 65.01(36) (36) “Milk” means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy milking animals, and includes skim milk and cream.

ATCP 65.01(37) (37) “Milk component test” means a test that determines the amount of milkfat, protein, total solids, solids-not-fat, or other components in milk, and that may affect the price that a dairy plant operator, including a milk contactor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, pays a milk producer for milk.