Chapter ATCP 65

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.

ATCP 65.16(5)(f) (f) The bulk milk tanker is parked such that the distance between the back of the tanker and the milkhouse is minimized and the tanker to pipeline connection is made inside the milkhouse.

ATCP 65.16(5)(g) (g) The milk producer cools all milk to a temperature of 45° F. (7° C.) or lower before the milk enters the bulk milk tanker. The milk producer may use a plate cooler, tube cooler or bulk tank to cool the milk. Coolant used in cooling devices shall comply with the requirements of s. ATCP 65.10 (6).

ATCP 65.16(5)(h) (h) A temperature recording device that records milk temperatures downstream from the cooling device under par. (g). The probe of the temperature recording device shall be mounted in a well in the milk pipeline except that if the producer cools the milk in a bulk tank the probe may be mounted in the bulk tank. The temperature recording device shall comply with all of the requirements that apply to bulk tank temperature recording devices under sub. (3).

ATCP 65.16(5)(i) (i) An indicating thermometer is installed as close as possible to the temperature recording device, under par. (h), to verify recorded temperatures.

ATCP 65.16(5)(j) (j) The bulk milk tanker outlet valve is close-coupled and protected with an effective dust cover.

ATCP 65.16(5)(k) (k) The milk producer keeps the bulk milk cooling device, transport hose and bulk milk tanker outlet valve in clean and sanitary condition. The milk producer shall clean and sanitize the outlet valve before attaching the transport hose to it. The milk producer shall clean and sanitize the bulk milk cooling device and transport hose between milkings or at least once every 24 hours if the producer milks continuously.

ATCP 65.16(5)(L) (L) The dairy plant operator who receives the bulk milk shipment does all of the following before unloading any milk from the bulk milk tanker or commingling it with milk from another producer:

ATCP 65.16(5)(L)1. 1. Tests the bulk shipment for drug residues according to s. ATCP 65.72.

ATCP 65.16(5)(L)2. 2. Ensures that a person, licensed under s. 97.17 or 98.146, Stats., has collected a sample from the bulk shipment according to s. ATCP 82.12.

ATCP 65.16(5)(m) (m) The dairy plant operator cleans and sanitizes the bulk milk tanker after each milk shipment, the same as the operator would clean and sanitize a bulk milk tanker under s. ATCP 82.08. The dairy plant operator shall seal the access port after cleaning and sanitizing the bulk milk tanker.

ATCP 65.16 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (e) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.18 ATCP 65.18 Milking procedure.

ATCP 65.18(1) (1) Preparing milking animals for milking. A milk producer shall clip the flanks, udder, belly, and tail of each milking animal as often as necessary to facilitate cleaning. The tail, belly, and flanks shall be reasonably free of visible dirt at the time of milking. If flanks and udders are brushed, brushing shall be completed before milking begins. Hair on udders shall be kept short enough so that it is not incorporated with the teat in the milking machine inflation during milking. The udder of each milking animal shall be clean at the time of milking. Teats shall be cleaned, sanitized, and dried immediately before milking. Wet hand milking is prohibited.

ATCP 65.18(2) (2) Transfer and protection of milk. Milk shall be protected from contamination at all times. Upon being drawn from milking animals, milk shall immediately be transferred from the milking barn or parlor to the milkhouse. Containers of milk may not be stored in the milking barn or parlor. If milk is transferred to the milkhouse in containers, rather than through a pipeline or other vacuum transfer system, the milk producer shall transfer each container of milk to the milkhouse immediately after it is filled. Milk contact surfaces of equipment and utensils used to collect or transfer milk shall be protected from contamination before and during use. Inflations that contact unclean substances such as manure or water on the milking parlor floor after milking of an animal is complete shall be cleaned and sanitized before being used to milk the next animal. Milk containers shall be covered to protect milk and milk contact surfaces from contamination, except when milk is being poured into or out of the container. Milk that overflows, leaks, or spills from its proper container or transfer vessel shall be discarded.

ATCP 65.18(3) (3) Personnel; cleanliness. Milkers and milk handlers shall wash and dry their hands before engaging in milking or milk handling operations, and before resuming such operations after engaging in other activities. Milkers and milk handlers shall wear clean outer garments so that milk, milk contact surfaces, or the hands of a milker or milk handler do not become contaminated by contact with soiled outer garments. If outer garments become soiled, they must be changed. No person may engage in milking or milk handling operations if that person exhibits reportable symptoms of a communicable disease as defined in s. ATCP 75 Appendix 2-201.11 (A) (1) or has received a reportable diagnosis of communicable disease as defined in s. ATCP 75 Appendix 2-201.11 (A) (2).

ATCP 65.18(4) (4) Cooling milk.

ATCP 65.18(4)(a) (a) Except as provided under par. (b), milk shall be cooled 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 65.18(4)(b) (b) Grade B milk in cans shall be cooled to 50° F. (10° C.) or less within 2 hours after milking, and shall be kept at or below 50° F. (10° C.) until it is delivered to the dairy plant. If milk is stored or cooled in cans, milk from a morning milking shall not be commingled with milk from an evening milking.

ATCP 65.18(4)(c) (c) Frozen sheep milk shall be maintained in a frozen state for not more than 60 days from the time it was collected on a dairy farm and shall remain frozen until received by a dairy plant.

ATCP 65.18(5) (5) Straining milk. Milk shall be strained before it flows into a bulk tank or shipping container. Only clean, single-service filters may be used to strain milk. Filters shall not be reused.

ATCP 65.18(6) (6) Commingling of milk from different milking species prohibited. A milk producer may not commingle milk from one species of milking animal with the milk of another species of milking animal.

ATCP 65.18 Note Note: Cows are the same species, even if they are of different breeds, so their milk may be commingled. However, cows and goats are different species and their milk may not be commingled.

ATCP 65.18(7) (7) Milk cooling and storage. Milk cooled and stored on a dairy farm shall be cooled and stored in facilities that comply with this chapter.

ATCP 65.18 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.20 ATCP 65.20 Abnormal milk; milking diseased animals.

ATCP 65.20(1) (1) Milking animals that appear to be secreting abnormal milk from one or more quarters shall be milked last or with separate equipment, and their milk shall be discarded.

ATCP 65.20(2) (2) If milking animals consume or are treated with chemical, medicinal, or radioactive agents which may be secreted in milk and that may be deleterious to human health, the milking animals shall be milked last or with separate equipment, and their milk shall be discarded.

ATCP 65.20(3) (3) Milk that is bloody, stringy, off-colored, visibly abnormal, abnormal in odor, or abnormal in any other respect shall be discarded.

ATCP 65.20(4) (4) Equipment and utensils used to handle abnormal milk shall not be used to handle milk produced for human consumption unless the equipment and utensils are first thoroughly cleaned and sanitized.

ATCP 65.20(5) (5) Drugs prescribed by a veterinarian for use on milking animals shall be clearly labeled with the name of the drug, each active ingredient, directions for use, the length of time for which milk must be withheld following the cessation of drug therapy, any applicable warnings or precautions to be observed by the milk producer, and the name and complete address, including zip code, of the prescribing veterinarian. No drug or medicinal item may be used in a manner inconsistent with label directions or the veterinarian’s prescription, or in a negligent manner.

ATCP 65.20(6) (6) Abnormal milk or milk from diseased animals shall not be stored or held in the milkhouse or milking parlor after being collected. The milk shall be immediately removed and discarded.

ATCP 65.20 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.22 ATCP 65.22 Farm premises.

ATCP 65.22(1) (1) General. Farm premises adjacent to a milking barn, milking parlor, or milkhouse shall be kept free of conditions that may result in the contamination of milk.

ATCP 65.22(2) (2) Manure storage and disposal. Manure shall be removed and stored in a manner that inhibits the breeding of flies. No milking animals may have access to a manure storage area. This does not prohibit a cold weather manure pack in a cowyard if the manure pack is properly maintained to prevent excessive accumulations of manure on the udders and flanks of milking animals.

ATCP 65.22(3) (3) Cowyard. A cowyard shall be graded for proper drainage and shall be kept free of standing pools of water and accumulations of manure or feed waste. In loafing pens, manure shall be removed or clean bedding added with sufficient frequency to prevent visible soiling on the udders and flanks of milking animals. Waste feed shall be promptly removed. Manure packs shall be properly drained and shall provide a reasonably firm footing. Swine shall be kept out of the cowyard.

ATCP 65.22(4) (4) Stationary feeders in cowyard. Stationary feeders in a cowyard shall be fully surrounded by a paved surface on which milking animals stand while feeding. The paved surface shall extend at least 12 feet in all directions from the feeder, except that a paved surface installed before January 1, 1979, shall extend at least 8 feet in all directions from the feeder. If the distance between a feeder and another building or permanent structure is less than the paved surface width prescribed under this subsection, the paved surface shall extend to the building or other permanent structure.

ATCP 65.22(5) (5) Stock watering devices and portable feeders in cowyard. Stock watering devices and portable feeders shall be located in an area that is well drained and provides reasonably firm footing for animals using the facilities.

ATCP 65.22(6) (6) Toilets.

ATCP 65.22(6)(a) (a) Every dairy farm shall have one or more sanitary toilets that are conveniently accessible by persons engaged in milking operations. A conveniently accessible toilet may include a toilet in a farm residence or other farm building.

ATCP 65.22(6)(b) (b) Toilets, under par. (a), shall comply with ch. SPS 362. Toilets shall be kept in clean and sanitary condition.

ATCP 65.22(6)(c) (c) There shall be no mixing or storage of human waste or septage with animal manure on a dairy farm.

ATCP 65.22(7) (7) Pest control. Insects, rodents, and other pests shall be controlled to prevent the contamination of milk and milk contact surfaces of equipment and utensils. Pesticides shall not be stored, handled or used in a manner that might contaminate milk, milk contact surfaces, feed, or water.

ATCP 65.22 Note Note: Pesticide storage and use must comply with ss. 94.67 to 94.71, Stats., and ch. ATCP 29. Pesticides must be registered for use by the U.S. environmental protection agency or by the department. Pesticides shall not be stored, handled or used in a manner inconsistent with label directions, or in a negligent manner.

ATCP 65.22(8) (8) Animal drug storage. No animal drug or medicinal item may be kept in or immediately adjacent to dairy farm facilities used for dairying operations unless the animal drug or medicinal item is designed or prescribed for use on milking animals. Animal drugs and medicinal items stored immediately adjacent to the milking barn, milking parlor, or milkhouse shall be protected from outdoor conditions and shall be stored above the floor, on racks or in a cabinet. Animal drugs and medicinal items shall be stored in a manner that prevents contamination of milk and equipment and utensils coming in contact with milk. Animal drugs and medicinal items shall be clearly labeled to indicate their identity and intended use and prescription drugs shall be labeled as provided under s. ATCP 65.20 (5). Animal drugs and medicinal items intended solely for non-lactating milking animals shall be stored separately from those used on lactating milking animals.

ATCP 65.22 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (6) (b) made under s. 35.17, Stats., Register August 2016 No. 728.

subch. III of ch. ATCP 65 Subchapter III — Dairy Plants

ATCP 65.23 ATCP 65.23 Federal requirements.

ATCP 65.23(1) (1) Grade A dairy plants.

ATCP 65.23(1)(a) (a) A grade A dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B and E, and 21 CFR 117.201.

ATCP 65.23(1)(b) (b) A grade A dairy plant that is a facility shall comply with the requirements of 21 CFR 117 Subpart B and the PMO.

ATCP 65.23(2) (2) Grade B dairy plants.

ATCP 65.23(2)(a) (a) A grade B dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B, E, and F, and 21 CFR 117.201.

ATCP 65.23(2)(b) (b) A grade B dairy plant that is a facility shall comply with the requirements of 21 CFR 117 Subparts A, B, C, F, and G.

ATCP 65.23 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (1) (a), (2) (a) made under s. 35.17, Stats., Register August 2016 No. 728; CR 18-019: am. (1) (a), (2) Register January 2020 No. 769, eff. 2-1-20.

ATCP 65.24 ATCP 65.24 Construction and maintenance.

ATCP 65.24(1) (1) General.

ATCP 65.24(1)(a) (a) Buildings, facilities, and equipment used in the operation of a dairy plant shall be soundly constructed and shall be capable of being maintained in a clean and sanitary condition. The interior and exterior portions of a dairy plant and the premises on which a dairy plant is located shall be kept free of unhealthful and unsanitary conditions and shall be maintained in compliance with this chapter.

ATCP 65.24(1)(b) (b) The division may issue a written waiver granting a variance from a construction standard under this subchapter if the division finds that the variance is reasonable and necessary under the circumstances, and will not compromise the purpose served by the construction standard and the facility does not hold a grade A permit. A waiver under this paragraph may be issued by the administrator of the division or the administrator’s designee.