Chapter ATCP 65

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.

ATCP 65.24(1)(c) (c) After the effective date of this chapter, a dairy plant may not be directly connected to a milking barn, milking parlor or animal housing area. A dairy plant may be separated from a milking barn, milking parlor or animal housing area by a room not used for animal husbandry or milking, provided doors between the dairy plant, the room not used for animal husbandry or milking, and the milking barn, milking parlor, or animal housing area are self-closing and kept closed when not in use.

ATCP 65.24(2) (2) Floors. The floors of all rooms in which dairy products are processed, handled, or stored or in which dairy product containers, equipment, or utensils are cleaned and sanitized shall be all of the following:

ATCP 65.24(2)(a) (a) Kept clean and in good repair.

ATCP 65.24(2)(b) (b) Smooth enough to be easily cleanable.

ATCP 65.24(2)(c) (c) Constructed of concrete or equally impervious and easily cleanable materials. This paragraph does not prohibit tightly joined wooden floors in storage rooms used solely for the storage of dry ingredients or packaging materials, or both.

ATCP 65.24(2)(d) (d) Sloped to provide adequate drainage. This paragraph does not apply to floors in storage rooms used solely for the storage of dry ingredients or packaging materials, or both.

ATCP 65.24(2)(e) (e) Equipped with an adequate number of trapped floor drains, so that any liquids draining onto the floors are promptly removed. Floors in refrigerated storage rooms need not have floor drains if the floors are sloped to drain to one or more exits to prevent pooling of liquids. This paragraph does not apply to floors in storage rooms used solely for the storage of dry ingredients or packaging materials, or both.

ATCP 65.24(3) (3) Walls and ceilings.

ATCP 65.24(3)(a) (a) Walls and ceilings of rooms in which dairy products are handled, processed, or stored, or in which dairy product containers, equipment, or utensils are cleaned and sanitized, shall have a smooth, washable, and light-colored surface, and shall be kept clean and in good repair. Suspended ceiling panels are prohibited in any room where powdered dairy products are packaged or processed if that room was constructed or substantially altered after December 1, 1994.

ATCP 65.24 Note Note: Walls and ceilings may consist, for example of smooth finished concrete construction panels or cement plaster.

ATCP 65.24(3)(b) (b) If condensation may accumulate on overhead pipes, ducts, or other fixtures, those fixtures shall be arranged or shielded so that condensation does not drop into dairy products or ingredients, or onto product contact surfaces of equipment, utensils, or packaging materials.

ATCP 65.24(3)(c) (c) In rooms constructed or substantially altered after the effective date of this chapter, the junctions of walls and floors in processing areas shall be coved to facilitate cleaning.

ATCP 65.24(4) (4) Doors, windows, and other openings.

ATCP 65.24(4)(a) (a) Doors, conveyor openings, and other openings to the outside environment shall be kept closed when not in use, and shall at all times be protected against the entry of insects, rodents, and excessive dust. Doors to the outside, other than overhead doors and electronic sliding doors in delivery areas of milk receiving stations and grade B dairy plants, and emergency exit doors routinely used by dairy plant personnel shall be self-closing. External screen doors, if any, shall open outward.

ATCP 65.24 Note Note: Air curtains, strip curtains, and similar devices may be used to prevent insects and excessive dust from entering through doors and other openings while those openings are in use.

ATCP 65.24(4)(b) (b) Windows, if not permanently closed, shall be screened against flying insects, rodents, and birds. In dairy plants constructed or substantially altered after the effective date of this chapter, window ledges shall be sloped to an angle of at least 45º below horizontal to facilitate cleaning.

ATCP 65.24(4)(c) (c) Outside openings of dairy product pipelines shall be tightly capped when not in use. When a pipeline is in use, the pipeline cap shall be tethered or placed on a sanitary hanger or rack to protect it from contamination. Pipeline openings through walls shall be completely cemented or fitted with tight metal collars.

ATCP 65.24(4)(d) (d) At each doorway leading from a non-processing area to a processing area in which exposed dairy products are processed, a dairy plant operator shall provide a sanitizing footbath, disposable footwear, dedicated footwear, or other facilities to ensure that footwear worn in the processing area is clean and sanitary.

ATCP 65.24(5) (5) Lighting.

ATCP 65.24(5)(a) (a) Lighting in every area of a dairy plant shall be fully adequate for the purpose for which the area is used. Except as provided under par. (b) or (c), there shall be at least 5 foot candles (54 lux) of illumination, measured at 30 inches above the floor, in every part of a dairy plant.

ATCP 65.24(5)(b) (b) Except as provided under par. (c), there shall be at least 30 foot candles (323 lux) of illumination at every place where dairy products are processed and at every place where equipment or utensils are cleaned and sanitized.

ATCP 65.24(5)(c) (c) There shall be at least 50 foot-candles (538 lux) of illumination on every surface where dairy products are graded or examined for condition and quality, and on every surface where multi-use packages are inspected before being reused.

ATCP 65.24(5)(d) (d) Light bulbs, fluorescent light tubes, skylights, and other overhead glass fixtures shall be shielded to prevent broken glass from falling into dairy products or onto dairy product contact surfaces.

ATCP 65.24(6) (6) Ventilation.

ATCP 65.24(6)(a) (a) Every room in a dairy plant shall be adequately ventilated and adequately controlled for temperature and humidity to keep the room reasonably free of fumes, odors, mildew, and excessive condensation.

ATCP 65.24(6)(b) (b) Ventilation systems, including exhaust fans, intake fans, and ventilation ducts, shall be kept clean and in good repair and shall be screened or louvered to prevent contamination of dairy products, ingredients, equipment, utensils, or packaging materials by dust, insects, or other contaminants. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement. Air intake filters shall be capable of removing at least 85% of particulate matter that is 5 microns or larger in size.

ATCP 65.24(6)(c) (c) Ventilation systems in a dairy plant shall be positioned so that exhaust air does not contaminate exposed dairy products, clean dairy product packages, or clean equipment or utensils.

ATCP 65.24(7) (7) Rooms.

ATCP 65.24(7)(a) (a) Dairy plant rooms shall be large enough so that activities conducted in those rooms can be conducted in a safe and sanitary manner.

ATCP 65.24(7)(b) (b) Within a dairy plant, all of the following areas shall be located in separate rooms:

ATCP 65.24(7)(b)1. 1. Raw milk unloading areas.

ATCP 65.24(7)(b)2. 2. Areas used to clean and sanitize bulk milk tankers or bulk transport containers. Bulk milk tankers and bulk transport containers may be cleaned and sanitized in the same room where they are unloaded.

ATCP 65.24(7)(b)3. 3. Processing areas.

ATCP 65.24(7)(b)4. 4. Areas used to clean or sanitize dairy product packages or containers.

ATCP 65.24(7)(b)5. 5. Areas used to store or fabricate dairy product packages. Packaging materials required for each day’s processing operations may be kept in a processing area on that day.

ATCP 65.24(7)(b)6. 6. Areas used to store dairy product ingredients, other than raw milk. Ingredients required for each day’s processing operations may be kept in the processing area on that day.

ATCP 65.24(7)(b)7. 7. Areas used to receive, handle, or store returned packaged dairy products.

ATCP 65.24(7)(b)8. 8. Areas used for boiler, heating plant, utility, or maintenance equipment.

ATCP 65.24(7)(b)9. 9. Employee toilet areas.

ATCP 65.24(7)(b)10. 10. Employee locker areas, dressing areas, break areas, and lunch areas.

ATCP 65.24(7)(b)11. 11. Areas, if any, used as living quarters. Processing or storage rooms that are constructed after the effective date of this chapter, and share one or more walls with adjacent living or sleeping quarters, shall have a separate entrance and shall not provide direct access to the living or sleeping quarters.

ATCP 65.24(7)(c) (c) In dairy plants constructed or licensed after December 1, 1994, raw milk shall be unloaded in a fully enclosed intake room.

ATCP 65.24(7)(d) (d) Notwithstanding par. (b), a dairy plant operator may store, cool, separate, and clarify raw milk in an area that the operator uses to unload bulk milk shipments if all the following apply:

ATCP 65.24(7)(d)1. 1. The area is within a fully enclosed room.

ATCP 65.24(7)(d)2. 2. Containers used to store, cool, separate, and clarify the raw milk are filtered or vented to a separate room to protect the milk from airborne contamination in the unloading area. If containers are vented to a separate room, that room shall comply with processing area sanitation standards under this chapter.

ATCP 65.24(7)(e) (e) Notwithstanding par. (d), a dairy plant operator may not store, cool, separate, or clarify raw milk in a room used to unload bulk milk shipments if any of the following apply:

ATCP 65.24(7)(e)1. 1. The dairy plant was constructed or licensed after December 1, 1994.

ATCP 65.24(7)(e)2. 2. The dairy plant is a grade A dairy plant constructed or licensed after July 1, 1980.

ATCP 65.24(7)(e)3. 3. The storage, cooling, separating, or clarifying operations were initiated after December 1, 1994.

ATCP 65.24(7)(f) (f) Rooms, other than rooms adjacent to sleeping or living quarters, are considered separate, for purposes of this subsection, if they are fully separated by permanent floor-to-ceiling partitions and if doorways between the rooms are equipped with solid, tight-fitting, self-closing doors. Rooms adjacent to sleeping or living quarters must comply with sub. (11) above.

ATCP 65.24(8) (8) Dairy plant water supply.

ATCP 65.24(8)(a) (a) Water used in dairy plant operations, or as an ingredient in dairy products, shall be obtained from a source that complies with applicable provisions of ch. NR 811 or 812. All water obtained for use in a dairy plant shall comply with the microbiological standards in ch. NR 809. Water shall be available in consistently adequate quantity for all dairy plant operations, including processing, cleaning, handwashing, and drinking. The division may grant a conditional waiver for elevated levels of non-microbial contaminants as defined in ch. NR 809 in processing water or ingredient water.

ATCP 65.24(8)(b) (b) If a dairy plant uses water from a privately owned water system, the dairy plant operator or, in the case of a grade A dairy plant, the division shall, at least once every 6 months, and after a repair or alteration to the water system, collect and analyze a sample of the water for compliance with the microbiological standards under s. NR 809.30. If a dairy plant produces grade A and grade B products, a division representative shall collect and analyze the water samples. If the water supply is from more than one well, each well shall be sampled and tested. Each sample shall be taken upstream from any pressure tank or other water treatment equipment. Microbiological analyses shall be conducted in a laboratory certified under ch. ATCP 77.

ATCP 65.24(8)(c) (c) At the division’s request, a dairy plant operator who receives water from a municipal source shall provide the division with documentation showing that the water complies with the microbiological standards under s. NR 809.30.