Chapter ATCP 65

ATCP 65.10(7)(a)3. 3. There are no submerged inlets through which the reclaimed water may be contaminated.

ATCP 65.10(7)(a)4. 4. The water is of satisfactory organoleptic quality.

ATCP 65.10(7)(a)5. 5. The water complies with the microbiological drinking water standards in s. NR 809.30.

ATCP 65.10(7)(a)6. 6. The dairy plant operator who procures milk from the milk producer collects and analyzes samples of the reclaimed water supply before the milk producer first uses the water for milkhouse and milking operations, and at least semi-annually thereafter.

ATCP 65.10(7)(a)7. 7. Any chemicals used to suppress bacterial growth, tastes, and odors are registered for that use with the U.S. environmental protection agency. Milk processed in or exposed to any system using chemicals to suppress bacterial growth, tastes, and odors shall not be allowed to become contaminated with those chemicals. A milk producer who uses any chemical to suppress bacterial growth, tastes, or odors shall comply with the chemical label use instructions, and shall routinely monitor chemical concentrations in treated water.

ATCP 65.10(7)(a)8. 8. Sanitizers used to sanitize equipment, utensils, teats of milking animals, or to backflush systems, shall be chemical sanitizers that comply with 21 CFR 178.1010, are registered with the U.S. environmental protection agency, and are thereby suitable for use on food contact surfaces. An approved sanitizer may be added by an automatic metering device that is located downstream from the storage vessel but upstream from the end-use application of the sanitizer.

ATCP 65.10(7)(b) (b) Water obtained directly from the discharge of an unpasteurized milk heat exchanger after a milking may be used once to pre-rinse dairy equipment including milk lines, milking claw assemblies, and milk receivers if all of the following apply:

ATCP 65.10(7)(b)1. 1. The water is collected directly from the heat exchanger into a cleaned and sanitized wash vat or utensil sink.

ATCP 65.10(7)(b)2. 2. The water piping system complies with sub. (2).

ATCP 65.10(7)(b)3. 3. After pre-rinse use, the water is discharged to waste.

ATCP 65.10 Note Note: Paragraph (b) does not prevent the use of heat exchanger discharge water for non-potable uses involving no contact with potable water, milk, milk contact surfaces or potable water contact surfaces. Before using or discharging heat exchanger discharge water, contact the Division of Water, Bureau of Drinking Water and Ground Water, at the Department of Natural Resources, P.O. Box 7921, Madison, WI 53707, telephone [phone] or TTY access via relay — 711 or http://www.dnr.state.wi.us/environmentprotect/water.html.

ATCP 65.10(8) (8) Water reclaimed from sources other than a heat exchanger. Water reclaimed from a compressor cooling unit, manure treatment, or from other dairy farm systems or processes may be used as non-potable water for milking barn or parlor operations, not to include rinsing, cleaning and sanitizing of milking systems, if all of the following conditions are met:

ATCP 65.10(8)(a) (a) The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration, or another method approved by the division.

ATCP 65.10(8)(b) (b) The water is stored in a cleaned and sanitized vessel that is constructed of non-contaminating materials and is designed to protect the water supply from contamination. The storage vessel shall have a drain and access point that allow for cleaning and sanitizing.

ATCP 65.10(8)(c) (c) There is no cross-connection between the reclaimed water and potable water supplies or between the reclaimed water and any potential contamination source or potentially unsafe water supply.

ATCP 65.10(8)(d) (d) There are no submerged inlets through which the reclaimed water may contaminate the potable water system.

ATCP 65.10(8)(e) (e) Any chemicals used to suppress bacterial growth, tastes, and odors are registered for that use with the U.S. environmental protection agency. A milk producer who uses any chemical to suppress bacterial growth, tastes, or odors shall comply with the chemical label use instructions, and shall routinely monitor chemical concentrations in the treated water.

ATCP 65.10 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (6) (a) 1., (7) (b) 2. made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.12 ATCP 65.12 Equipment and utensils.

ATCP 65.12(1) (1) Construction; general. Equipment and utensils shall be constructed of smooth, non-absorbent, corrosion-resistant, and non-toxic materials. Equipment and utensils shall be designed and constructed so that they can be easily cleaned and shall be durable under repeated conditions of use. Surfaces shall be free of breaks and corrosion. Joints and seams shall be smooth and flush. Milk pails used for hand milking and stripping shall be seamless. Multiple-use woven material shall not be used for straining milk. Milking and milk handling systems shall comply with s. ATCP 65.14.

ATCP 65.12(2) (2) Milk contact surfaces; construction. Milk contact surfaces of equipment and utensils shall be constructed of smooth, non-toxic, and non-absorbent materials. Only the following materials may be used on milk contact surfaces, unless another material is specifically authorized by the division in writing:

ATCP 65.12(2)(a) (a) Stainless steel of the American Iron and Steel Institute 300 Series, or an equally corrosion-resistant metal.

ATCP 65.12(2)(b) (b) Heat resistant glass.

ATCP 65.12(2)(c) (c) Plastic, rubber, or rubber-like materials that are fat resistant and insoluble; that are resistant to scratching, scoring, decomposition, crazing, chipping, and distortion under normal use conditions; that do not impart chemicals, flavor, or odor to milk; and that maintain their original properties under repeated and prolonged use.

ATCP 65.12(3) (3) Maintenance. Equipment and utensils shall be kept in good repair and shall be readily accessible for inspection by the division upon request.

ATCP 65.12(4) (4) Cleaning. Equipment and utensils shall be kept clean. Utensils and milk contact surfaces of equipment shall be rinsed immediately after each use and then washed with an effective detergent and rinsed clean. C-I-P equipment shall be pre-washed with warm water before being cleaned with a detergent solution, according to manufacturer’s instructions.

ATCP 65.12(5) (5) Sanitizing. After being cleaned and rinsed, utensils, and milk contact surfaces of equipment shall be sanitized before being used.

ATCP 65.12(6) (6) Storage. Equipment and utensils, unless stored in sanitizing solutions, shall be handled and stored in a manner that will ensure complete drainage and protection from contamination before use. Equipment and utensils stored in sanitizing solutions shall be rinsed in potable water before use.

ATCP 65.12(7) (7) Single service articles. Single-service articles shall be clean and sanitary, and shall be packaged, handled, and stored in a sanitary manner. Single-service articles shall be stored in their original containers inside a dispensing cabinet. Single service articles may not be reused.

ATCP 65.12 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.14 ATCP 65.14 Milking and milk handling systems.

ATCP 65.14(1) (1) Sanitary requirements; general. Milking and milk handling systems shall be of sanitary design and construction, and shall be installed and maintained for sanitary operation. Pressurized air that contacts a milk or milk contact surface shall be clean, safe, and free of contaminants. The milking and milk handling system shall comply with “3-A Accepted Practices for the Design, Fabrication and Installation of Milking and Milk Handling Equipment, 606-05.” Milk contact surfaces shall be accessible for inspection. If it is necessary to disassemble any portion of a milking or milk handling system in order to inspect a milk contact surface, all tools necessary for the disassembly shall be readily available in the milkhouse.

ATCP 65.14 Note Note: Guidelines for sanitary design and construction of milking and milk handling systems are set forth in the ”3-A Accepted Practices for the Design, Fabrication and Installation of Milking and Milk Handling Equipment,” 606-05, as amended effective November 2002, published by 3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D, McLean, VA 22101-3850, telephone [phone], website www.3-a.org. Milking and milk handling systems manufactured in compliance with the ”3-A Accepted Practices” meet the sanitary design and construction requirements of this subsection. Copies of the ”3-A Accepted Practices” are on file with the division and the legislative reference bureau. Copies may be obtained from 3-A Sanitary Standards, Inc. Online Store,” at http://www.techstreet.com.

ATCP 65.14(2) (2) Milk contact surfaces; construction. Milk contact surfaces of milking and milk handling systems shall be constructed of smooth, nontoxic, and nonabsorbent materials. Materials shall be of any of the following types, unless another material is specifically authorized by the division in writing:

ATCP 65.14(2)(a) (a) Stainless steel of the American Iron and Steel Institute 300 series, or an equally corrosion resistant metal.

ATCP 65.14(2)(b) (b) Heat resistant glass.

ATCP 65.14(2)(c) (c) Plastic, rubber, or rubber-like materials that are fat resistant and insoluble; that are resistant to scratching, scoring, decomposition, crazing, chipping, and distortion under normal use conditions; that do not impart chemicals, flavor or odor to milk; and that maintain their original properties under repeated use conditions.

ATCP 65.14(3) (3) Milk pipelines.

ATCP 65.14(3)(a) (a) Milk contact surfaces of permanently mounted milk pipelines shall be constructed of stainless steel or an equally non-toxic, corrosion resistant metal, or of heat resistant glass. Plastic or rubber-like materials may be used for pipeline gaskets, connections, and sealing applications, but not for other purposes. Paper gaskets are prohibited.

ATCP 65.14(3)(b) (b) All joints of permanently mounted milk pipelines, including joints in solution lines, shall be welded or equipped with fittings designed for C-I-P. Welded joints shall be smooth and free of pits, cracks, or other defects. Removable fittings shall be designed to form substantially flush interior joints.

ATCP 65.14(3)(c) (c) Permanently mounted pipelines shall be supported at intervals of not more than 10 feet so that the pipelines remain in constant alignment and position. Permanently mounted pipelines shall be self-draining, and shall have a minimum slope of one inch per 10 feet. The support system shall be designed and constructed to prevent electrolytic reactions between supports and pipelines.

ATCP 65.14(3)(d) (d) Milk pipeline systems shall be designed and constructed so that cleaning, rinsing and sanitizing solutions cannot enter the pipeline while milk is being transferred through the pipeline.

ATCP 65.14(4) (4) Non-pipeline systems. The transfer of milk to the milkhouse by a method other than a pipeline or vacuum transfer system shall comply with requirements under s. ATCP 65.18 (2). If milk from milking animals is initially collected in a portable transfer receptacle and pumped to the milkhouse through a flexible tube, rather than being pumped directly to the milkhouse through a permanently mounted pipeline, the transfer receptacle and tube system shall comply with the following requirements:

ATCP 65.14(4)(a) (a) The portable transfer receptacle shall be constructed of stainless steel or an equally corrosion resistant metal and shall have an overlapping self-closing cover. The receptacle shall be supported off the floor on a cart or mobile structure that can be easily cleaned.

ATCP 65.14(4)(b) (b) The tube used to transfer milk from the portable transfer receptacle to the milkhouse shall consist of a single length of transparent tubing material. The milk transfer tube shall be supported off the floor at all times. The interior milk contact surface of the transfer tube shall be mechanically cleaned and sanitized, and dried after each use. The opening through which the milk transfer tube enters the milkhouse shall be kept closed when the tube is not in use. A milk transfer tube shall not be left suspended in a milking barn or parlor between uses, but shall be stored in the milkhouse.

ATCP 65.14(5) (5) Milking equipment.

ATCP 65.14(5)(a) (a) Surfaces of milking equipment, including surfaces of milker claws, inflations, weigh jars, meters, milk hoses, milk receivers, and milk pumps, shall be smooth and readily amenable to cleaning and sanitizing by mechanical or manual methods. If thorough cleaning requires the removal of any part, that part shall be easily removable. Milking equipment shall be designed and constructed so that milk, milk cleaning solutions, rinsing solutions, and sanitizing solutions will drain completely from the equipment.

ATCP 65.14(5)(b) (b) Milking equipment that deposits milk into a bucket or container, rather than into a permanently mounted pipeline, shall be equipped with a check valve or other device that prevents moisture and contaminants from entering the milk through the temporary creation of vacuum. The moveable portion of the check valve shall consist of a single piece, or pieces that are permanently and completely bonded to each other.

ATCP 65.14(5)(c) (c) Automated milking installations shall comply with the requirements of the Pasteurized Milk Ordinance Appendix Q of the PMO, and all of the following:

ATCP 65.14(5)(c)1. 1. All equipment shall be designed for effective C-I-P cleaning and sanitizing.

ATCP 65.14(5)(c)2. 2. Valves and equipment shall effectively prevent the contamination of milk with abnormal milk or chemicals used in cleaning and sanitizing, in accordance with a written testing and verification procedure acceptable to the division. The written procedures shall be kept at the dairy farm and made available to a division representative upon request.

ATCP 65.14(5)(c)3. 3. The AMI shall ensure the detection, diversion and proper handling of abnormal milk, in accordance with a written testing and verification procedure acceptable to the division. The written procedure shall include a description of the equipment cleaning and sanitizing protocol to be followed after milking of animals whose milk is intended to be excluded from the collected milk, and before milking of animals whose milk will be shipped. The written procedure shall be kept at the dairy farm and made available to a division representative upon request.

ATCP 65.14(5)(c)4. 4. The AMI operator shall follow a written procedure for verifying the effectiveness of the computer software and hardware. The written procedure shall be acceptable to the division and shall be kept at the dairy farm and made available to a division representative upon request. The written procedure shall include the following items:

ATCP 65.14(5)(c)4.a. a. A description of the location and function of all sensors used to control and monitor the operation of the AMI.

ATCP 65.14(5)(c)4.b. b. A description of changes made to, or maintenance performed on, the AMI software, control and monitoring devices, instrumentation, and sensors; and other hardware associated with the AMI.

ATCP 65.14(5)(c)4.c. c. Instructions on how to obtain operating information stored in the AMI computer system.

ATCP 65.14(5)(c)5. 5. The AMI operator shall keep a copy of the AMI manufacturer’s teat preparation protocol and a written procedure for verifying the effectiveness of this protocol. This protocol shall be accepted by the federal food and drug administration and made available to a division representative upon request.

ATCP 65.14(5)(c)6. 6. Verification and records review to ensure compliance with subds. 1. to 5. shall be done at a frequency determined by the division.

ATCP 65.14(6) (6) Review of plans.

ATCP 65.14(6)(a) (a) Before installing, reconstructing, or extensively altering a bulk tank, milking system, milk handling system, milkhouse, milking parlor, or dairy farm water supply system, the installer shall, on behalf of the milk producer, submit plans to the division for review. Plans for a new automated milking installation shall indicate how proper computer performance and compliance with sub. (5) (c) 1. to 3. are to be verified. The department shall charge a fee of $25, as allowed by s. 93.06 (1w), Stats., to recover costs for providing the review service. The division shall return the plans, together with any comments or objections, within 14 days after the plans are received by the division. No review is required for a portable transfer receptacle or its appurtenances.

ATCP 65.14(6)(b) (b) No manufacturer or distributor of milking or milk handling systems may sell, or distribute for sale in this state, any portion of a milking or milk handling system unless specifications or prototype equipment are first reviewed by the division. Within 30 days after specifications or prototype equipment are received by the division, the division shall return them with any comments or objections. The division may require field testing of the equipment prior to sale if the division finds that field testing is necessary to determine whether the requirements of this section are met. Field testing shall be conducted under conditions prescribed by the division.

ATCP 65.14(6)(c) (c) Plans and specifications submitted under this subsection shall be sufficiently detailed to permit review by the division within the time periods specified under this subsection.

ATCP 65.14(7) (7) Certification of compliance by installer. A person who installs, reconstructs or extensively alters a milking system, milk handling system, milkhouse, milking parlor, or dairy farm water supply system shall certify to the owner of the system that the system has been installed or modified in compliance with this section and in compliance with the plans filed with the division under sub. (6) (a). The installer, immediately after installing or modifying the system, shall provide to the milk producer and the division a signed written statement certifying compliance. The milk producer shall post a copy of the certificate in the milkhouse for at least 12 months after it is provided to the milk producer.

ATCP 65.14 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (5) (c) 6., (6) (a) made under s. 35.17, Stats., Register August 2016 No. 728; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

ATCP 65.16 ATCP 65.16 Bulk tanks and bulk transport containers.

ATCP 65.16(1) (1) Bulk tank location. If a bulk tank is used to receive, cool, or store milk on a dairy farm, the bulk tank shall be installed in the milkhouse. A bulk tank may be installed so that a portion of the bulk tank protrudes through the wall of a milkhouse, provided that all bulk tank openings are located inside the milkhouse. Agitator seals, other than weatherproof agitator seals approved in writing by the division, shall be located inside the milkhouse. Clearance of at least 24 inches on the top and milk-outlet side shall be maintained on a bulk tank not protruding through the milkhouse wall to permit effective cleaning, sanitizing, and maintenance of the bulk tank. No bulk tank opening may be located directly under a ventilator. No bulk tank may be located directly over a floor drain.

ATCP 65.16(2) (2) Bulk tank construction.

ATCP 65.16(2)(a) (a) The lining and milk contact surfaces of a bulk tank shall be constructed of stainless steel or other materials that are equally smooth, nontoxic, stable, non-absorbent, corrosion resistant, and capable of withstanding cleaning and sanitizing treatment. Milk contact surfaces shall be readily accessible for inspection.

ATCP 65.16(2)(b) (b) A bulk tank shall be self-draining. Openings shall be equipped with self-draining covers. Openings and covers shall be constructed and installed to prevent drainage into milk or onto milk contact surfaces.

ATCP 65.16(2)(c) (c) A bulk tank shall be equipped with all of the following:

ATCP 65.16(2)(c)1. 1. An indicating thermometer that has a range of at least 32° F. to 80° F.

ATCP 65.16(2)(c)2. 2. A temperature recording device approved by the division, if the bulk tank was manufactured after January 1, 2000. The temperature recording device shall comply with sub. (3).

ATCP 65.16(2)(d) (d) A bulk tank with a capacity of less than 1,500 gallons shall be equipped with a mechanical agitator that will ensure homogeneity of all milk contained in the bulk tank within 5 minutes after the agitator begins operating. A bulk tank with a capacity of 1,500 gallons or more shall be equipped with an agitator that will ensure homogeneity of all milk contained in the bulk tank within 10 minutes after the agitator begins operating.

ATCP 65.16(2)(e) (e) A C-I-P bulk tank shall be designed and constructed so that cleaning, rinsing, and sanitizing solutions cannot enter the bulk tank while it contains milk.

ATCP 65.16 Note Note: Bulk tanks manufactured in compliance with the “3-A Sanitary Standards for Farm Milk Cooling and Holding Tanks” meet the sanitary design and construction requirements of this subsection. The “3-A Standards” are published by 3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D, McLean, VA 22101-3850, telephone [phone], website www.3-a.org. Copies of the ”3-A Standards” as amended effective July 23, 2012, are on file with the division and the legislative reference bureau. Copies may be obtained from ”3-A Sanitary Standards, Inc., Online Store,” at http://www.techstreet.com.

ATCP 65.16(3) (3) Bulk tank temperature recording device. All of the following requirements apply to a temperature recording device under sub. (2) (c) 2.:

ATCP 65.16(3)(a) (a) The temperature recording device shall be capable of accurately recording temperatures between 40° F. (4° C.) and 180° F. (82° C.).

ATCP 65.16(3)(b) (b) A temperature recording chart on which the temperature recording device records milk temperatures shall have graduations of not more than 2° F. (1° C.) at temperatures below 100° F. (38° C.) and shall have at least one time span division per hour. The circular chart shall make one revolution in not more than 7 days and shall be graduated for a maximum record of 7 days.

ATCP 65.16(3)(c) (c) The milk producer shall retain milk temperature records for at least 6 months after the temperature recording device makes those records. Milk temperature records shall identify the milk producer, the date or dates to which the records pertain, the bulk tank to which the records pertain if there is more than one bulk tank on the dairy farm, the signature of the person who removed the temperature records from the temperature recording device, and any unusual occurrences related to milk temperature.

ATCP 65.16(3)(d) (d) The dairy plant operator who procures milk from the milk producer, or a milk contractor who procures milk from the producer, shall calibrate the temperature recording device every 6 months, or more often if specified by the manufacturer, and shall keep complete and accurate records of the calibration. The dairy plant operator shall make the records required under this section available to the division for inspection and copying upon request.

ATCP 65.16(3)(e) (e) A milk producer keeping electronic records in conformance with pars. (b), (c), and (d) shall develop a written procedure for a division representative to use to review the records. The written procedure shall be acceptable to the division and made available to a division representative upon request.

ATCP 65.16(4) (4) Bulk tank cooling capacity. A bulk milk tank shall be capable of cooling all milk placed in the tank to 50° F. (10° C.) or less within 4 hours after the start of the first milking, and to 45° F. (7° C) or less within 2 hours after the end of milking. The temperature of the blended milk from the first milking and later milkings shall not exceed 50° F. (10° C.).

ATCP 65.16(5) (5) Milking directly to bulk transport container. A milk producer may milk directly to a bulk milk tanker holding a grade A permit issued by the department or an equivalent regulatory agency in another state, if all the following apply:

ATCP 65.16(5)(a) (a) The milk producer controls the operation and maintenance of the bulk milk tanker.

ATCP 65.16 Note Note: The milk producer is not required to own the bulk milk tanker. A milk producer may not collect milk from another milk producer, or commingle that milk with the milk producer’s milk, unless the milk producer operates as a bulk milk weigher and sampler under ch. ATCP 82. A milk producer operating as a bulk milk weigher and sampler must hold a grade A bulk milk tanker permit (if applicable), and a bulk milk weigher and sampler license. The producer must also collect and sample milk according to ch. ATCP 82.

ATCP 65.16(5)(b) (b) The bulk milk tanker is constructed and maintained according to bulk milk tanker standards set forth in s. ATCP 82.06.

ATCP 65.16(5)(c) (c) The bulk milk tanker has an access port that can be sealed.

ATCP 65.16(5)(d) (d) The bulk milk tanker, while parked at the dairy farm, is kept on a pad of concrete or equally impervious material. The pad shall be sloped for proper drainage and shall be kept in a clean condition.

ATCP 65.16(5)(e) (e) All permanent pipelines connecting the bulk milk tanker to the milk handling system end in the milkhouse.