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(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(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(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)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)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)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. ATCP 65.01(38)(38) “Milk component testing device” means an automated testing device used to perform milk component tests. ATCP 65.01(39)(39) “Milk contact surfaces” means all surfaces of equipment or utensils that may come in contact with milk, or from which liquids may drain, splash, or be drawn into milk. ATCP 65.01(40)(40) “Milk contractor” means a milk contractor, as defined in s. 126.40 (8), Stats., that may submit a milk producer license application on behalf of a milk producer and thereby certify that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter. ATCP 65.01(42)(42) “Milk quality test” means a bacteria count, somatic cell count, drug residue test, milk component test, or other analytical test, that is used to determine compliance with milk quality standards under s. ATCP 65.70 or 65.74 or that may affect the price that a dairy plant operator, including a milk contractor 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. ATCP 65.01(43)(43) “Milkhouse” means an enclosed facility, separated from the milking barn or parlor by a self-closing door, in which milk is cooled or stored and in which equipment and utensils are cleaned, sanitized, and stored. “Milkhouse” includes a milkhouse sharing one or more walls with a milking barn or parlor. ATCP 65.01(44)(44) “Milking and milk handling system” means an automated system, and all components of that system, used to draw milk from milking animals or to transport milk to a bulk tank or other container on a dairy farm. “Milking and milk handling system” includes C-I-P milking equipment and C-I-P milk pipelines. ATCP 65.01(45)(b)(b) Other hooved or camelid mammals whose milk is collected and distributed for human consumption. ATCP 65.01(46)(46) “Milking barn” means a roofed and enclosed facility, other than a milking parlor, in which milking animals are milked on a dairy farm. ATCP 65.01(47)(a)(a) A roofed and enclosed facility that is designed and used year-round exclusively for the milking of milking animals, and that is not designed or used to house any animals. ATCP 65.01(47)(b)(b) A seasonal facility constructed without walls that is used exclusively for the milking of milking animals and that is not designed or used to house any animals. ATCP 65.01(48)(48) “Multi-use package” means a returnable bottle or other package that is designed for repeated use. ATCP 65.01(49)(49) “Package” means a container or wrapping, having one or more product contact surfaces, that is designed or used to enclose a dairy product sold or shipped from a dairy plant. “Package” includes package covers and other package components. “Package” includes all of the following: ATCP 65.01(49)(c)(c) A bulk or shipping container, other than a bulk milk tanker, that has one or more product contact surfaces and is used for the sale or shipment of a dairy product from a dairy plant. ATCP 65.01(50)(50) “Pasteurize” and “pasteurization” means to thermally process every particle of a dairy product in properly designed and operated equipment according to subch. IV, in order to destroy pathogenic microbes in that dairy product. “Pasteurize” includes batch pasteurization, HTST pasteurization, HHST pasteurization, UHT pasteurization, and other equally effective pasteurization processes that are approved by the division in writing. ATCP 65.01(51)(51) “PMO” means the Grade A Pasteurized Milk Ordinance, 2013 revision, published by the United States department of health and human services, public health service, food and drug administration. ATCP 65.01(52)(52) “Person” means an individual, partnership, firm, cooperative, association, or any other business unit or entity. ATCP 65.01(53)(53) “Potable water” means water that meets the microbiological standards in ch. NR 809. ATCP 65.01(55)(55) “Processing” means pasteurizing, manufacturing, blending, or packaging dairy products, or cooling dairy products previously treated by one of the preceding unit operations. ATCP 65.01(56)(56) “Processing plant” means a dairy plant at which dairy products are processed. ATCP 65.01(57)(57) “Procure milk” means to buy milk or acquire the right to market milk from a milk producer licensed under this chapter. ATCP 65.01(58)(58) “Product contact surface” means a surface of equipment or a surface of a utensil or package with which a dairy product normally comes in direct contact, or from which materials may drain, drip, or be drawn into a dairy product. ATCP 65.01(60)(60) “Receive milk from a milk producer” means to receive milk for which payment will be made to a milk producer, or a milk contractor 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(61)(61) “Receiving station” means a facility that is designed for the receipt and bulk storage of milk and is used to receive or store milk in bulk. “Receiving station” does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers. ATCP 65.01(62)(62) “Recombined dairy product” means a dairy product created by recombining separated dairy product components. ATCP 65.01(63)(63) “Reconstituted dairy product” means a dairy product created by restoring water to dehydrated dairy product ingredients. ATCP 65.01(65)(65) “Safe temperatures”, as applied to refrigerated potentially hazardous foods means temperatures of 45° F. (7° C.) or below. As applied to heated, potentially hazardous foods, “safe temperatures” means temperatures of 135° F. (57° C.) or above. As applied to frozen foods, “safe temperatures” means temperatures of 0° F. (-17° C.) or below. ATCP 65.01(66)(66) “Sanitize” means to destroy pathogens and other microorganisms to the maximum extent practicable, by applying a sanitizer at concentrations in compliance with 21 CFR part 178.1010, or by applying a sanitizing method approved by the division, to an otherwise clean surface. ATCP 65.01(68)(68) “Shipping container” means a box, carton, or similar container in which packaged dairy products are shipped in bulk from a dairy plant. ATCP 65.01(69)(69) “Single-service articles” means utensils, including containers or packages, filters, and other articles, that are designed to be used only once before disposal. ATCP 65.01(71)(71) “Transfer station” means a facility that is designed and used solely to transfer milk from one bulk transport container to another without intervening storage. ATCP 65.01(73)(73) “Utensil” means any hand-held or similarly portable container, device, article, or implement that has one or more milk contact surfaces and is used for any of the following: ATCP 65.01(73)(a)(a) To draw milk from milking animals or to transport, hold, strain, handle, or store milk on a dairy farm. ATCP 65.01 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (10) made under s. 13.92 (4) (b) 7., Stats., and correction in (42), (70) made under s. 35.17, Stats., Register August 2016 No. 728 ATCP 65.02ATCP 65.02 Milk producer licenses and permits; fees. ATCP 65.02(1)(a)(a) No person may operate as a milk producer offering milk for sale without an annual license from the department for each farm operated, as provided under s. 97.22 (2), Stats. A license expires on April 30 of each year. Whenever the department first issues a milk producer license, that license shall bear a livestock premises code issued under s. ATCP 17.02 (7) for the dairy farm associated with the milk producer license. A license is not transferable between persons or dairy farms. As a condition to licensing, a milk producer shall comply with applicable provisions of this chapter. ATCP 65.02(1)(b)1.1. Each species of milking animal milked by each milk producer on a dairy farm. ATCP 65.02(1)(b)2.2. Each dairy farm operated by a milk producer at which milk is produced and offered for sale. ATCP 65.02(1)(b)3.3. Each dairy plant, if a milk producer is shipping milk to more than one dairy plant, including a milk contractor 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.
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