Chapter ATCP 65

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.

ATCP 65.24(8)(d) (d) Recirculated water may be used in a cooler or heat exchanger that may come in contact with any dairy product if it is all of the following:

ATCP 65.24(8)(d)1. 1. Obtained from a safe source that complies with par. (a), or reclaimed in compliance with s. ATCP 65.24 (9) (b).

ATCP 65.24(8)(d)2. 2. Bacteriologically safe, protected from contamination.

ATCP 65.24(8)(d)3. 3. Tested by the dairy plant operator at least semiannually or, in the case of a grade A dairy plant, by the department at least semiannually.

ATCP 65.24(8)(e) (e) If a recirculating water system becomes contaminated, that system may not be used until it is properly treated and retested to ensure that the contamination has been eliminated. The freezing point depressants used in recirculating water systems shall be food or pharmaceutical grade, non-toxic propylene glycol, and shall not contain coliform bacteria as determined by sampling and analysis which the dairy plant operator has done at least semi-annually.

ATCP 65.24(8)(f) (f) A dairy plant operator may use only potable water, or reclaimed water in compliance with sub. (9) (c), to produce culinary steam. In boilers used to produce culinary steam, boiler water additives shall comply with 21 CFR. 173.310.

ATCP 65.24(8)(g) (g) All of the following requirements apply to water that is transported to a dairy plant in a container or tank, for use in dairy plant operations:

ATCP 65.24(8)(g)1. 1. The water shall be potable.

ATCP 65.24(8)(g)2. 2. The container or tank shall be thoroughly cleaned and sanitized before being filled.

ATCP 65.24(8)(g)3. 3. The container or tank shall be sealed, and the water shall be protected from contamination during transit.

ATCP 65.24(8)(g)4. 4. A food-contact appropriate, cleaned and sanitized pump, hose, and fittings shall be used to transfer water from the container or tank to a storage tank at the dairy plant, so that the water is not contaminated during transfer.

ATCP 65.24(8)(h) (h) If a grade A dairy plant uses water to flush pasteurized milk or milk products from milk processing systems, that water shall be of a microbiological quality equivalent to that of pasteurized milk.

ATCP 65.24(9) (9) Reclaimed water.

ATCP 65.24(9)(a) (a) A dairy plant operator may use water reclaimed from heat exchanger processes or from the condensation of milk or dairy products if all the following apply:

ATCP 65.24(9)(a)1. 1. The water is reclaimed from a heat exchanger process or by means of evaporation, reverse osmosis, or ultrafiltration.

ATCP 65.24(9)(a)2. 2. The water meets applicable use conditions under par. (c).

ATCP 65.24(9)(b) (b) Except as provided in par. (c), reclaimed water may not be used for any purpose requiring potable water unless all the following apply:

ATCP 65.24(9)(b)1. 1. The department pre-inspects and pre-approves the reclamation system.

ATCP 65.24(9)(b)2. 2. The reclaimed water contains less than 1 coliform bacterium per 100 ml. of water.

ATCP 65.24(9)(b)3. 3. The reclaimed water otherwise meets the microbiological standards set forth in s. NR 809.30.

ATCP 65.24(9)(b)4. 4. The organic content of the water is less than 12 mg. per liter as measured by the chemical oxygen demand or permanganate-consumed test, or the water has a standard turbidity of less than 5 units. The dairy plant operator shall use an automatic fail-safe monitoring device to identify, and automatically divert to a waste water system, any water reclaimed from the condensation of dairy products if that water fails to meet this standard.

ATCP 65.24(9)(b)5. 5. The reclaimed water is of satisfactory organoleptic quality. The dairy plant operator shall sample and organoleptically test reclaimed water at weekly intervals.

ATCP 65.24(9)(b)6. 6. Any chemicals used to suppress bacterial growth, tastes, or odors in the reclaimed water are registered for that use with the U.S. environmental protection agency. The dairy plant operator who uses any chemical to suppress bacterial growth, tastes, or odors shall comply with the chemical label instructions. An added chemical may not contain any substance that may contaminate dairy products or limit the use of reclaimed water. An automatic proportioning device shall add the chemicals to the water before the water enters the storage tank. The dairy plant operator shall test reclaimed water at least daily to verify that each added chemical is present at an approved level.

ATCP 65.24(9)(b)7. 7. The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that can be easily cleaned and sanitized and will not contaminate the water.

ATCP 65.24(9)(b)8. 8. The dairy plant operator or, in the case of a grade A dairy plant, the division tests the reclaimed water for compliance with microbiological and organic content standards at least semi-annually. The operator shall test the reclaimed water for 14 working days after the department approves the reclamation system under subd. 1., and for at least 7 working days after any repairs or alterations to the system.

ATCP 65.24(9)(b)9. 9. There are no cross-connections between reclaimed water lines and any public or private water system.

ATCP 65.24(9)(b)10. 10. Reclaimed water from membrane processing of unpasteurized milk or unpasteurized dairy products shall be heat-treated for a time and at a temperature providing at least the same lethality against microorganisms as milk pasteurization.

ATCP 65.24(9)(c) (c) Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:

ATCP 65.24(9)(c)1. 1. The reclaimed water meets all conditions under par. (b) 1., 2., 4. to 7., and 9.

ATCP 65.24(9)(c)2. 2. The reclaimed water is used only on the day that it is reclaimed, except that reclaimed water may be stored for later use if it is automatically maintained at a temperature of not less than 145° F. (63° C.), or is chemically treated to suppress bacterial propagation. Chemical treatments shall comply with par. (b) 6.

ATCP 65.24(9)(c)3. 3. Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water.”

ATCP 65.24(9)(c)4. 4. The dairy plant operator posts clear instructions for the use of the reclaimed water. The operator shall post the instructions so that they will be seen by persons using the reclaimed water, and the instructions shall be written in such a way that they will be understood by the persons using the reclaimed water. The instructions shall disclose the limited purposes for which the reclaimed water may be used.

ATCP 65.24(9)(c)5. 5. Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. If a water line is temporarily connected to a dairy product vessel, there shall be an atmospheric break and automatic controls to prevent the reclaimed water from contacting dairy products.

ATCP 65.24(9)(d) (d) Reclaimed water that does not qualify for use, under par. (b) or (c), may only be used as boiler feedwater.

ATCP 65.24(10) (10) Plumbing system; disposal of sewage and liquid waste.

ATCP 65.24(10)(a) (a) All dairy plant plumbing, plumbing fixtures, and equipment shall comply with state and local plumbing codes and shall be designed, installed, and maintained to prevent backflow, backsiphonage, and cross-connections.

ATCP 65.24(10)(b) (b) Sewage and liquid waste from a dairy plant shall be removed in a sanitary manner, in compliance with applicable state and local regulations.

ATCP 65.24 Note Note: Plumbing and plumbing fixtures must comply with applicable rules of the Wisconsin department of safety and professional services under chs. SPS 382 to 386.

ATCP 65.24(11) (11) Cleaning facilities.

ATCP 65.24(11)(a) (a) If equipment or utensils in a dairy plant are cleaned or sanitized manually, the dairy plant shall be equipped with wash and rinse sinks that are suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number, and shall comply with all of the following requirements:

ATCP 65.24(11)(a)1. 1. Every sink shall be constructed of stainless steel or one or more other materials approved by the division.

ATCP 65.24(11)(a)2. 2. Every sink shall have at least 2 compartments. If a dairy plant is also engaged in food processing as defined under s. 97.29 (2) (b), Stats., every sink installed in a food processing area after December 1, 1994 shall have at least 3 compartments for washing, rinsing, and sanitizing equipment and utensils unless the dairy plant operator uses an alternative method for sanitizing equipment and utensils that the division has approved in writing.

ATCP 65.24(11)(a)3. 3. Every sink compartment shall be large enough so that the largest item cleaned or sanitized in the sink can be halfway immersed in the sink. Every sink compartment shall be served by hot and cold running water and shall be cleaned prior to each use.

ATCP 65.24(11)(b) (b) Sinks used to clean and sanitize equipment and utensils may not be used as handwashing sinks.

ATCP 65.24(11)(c) (c) Brushes and other cleaning tools used to clean equipment and utensils shall be cleaned after each use and sanitized prior to their next use. Single-service disposable towels, if used to clean equipment or utensils, shall be discarded after a single use.

ATCP 65.24(11)(d) (d) If a mechanical system is used to clean or sanitize equipment or utensils, the mechanical system shall be designed, installed, and maintained so that it is fully effective for the purpose used.

ATCP 65.24(11)(e) (e) A dairy plant shall be equipped with conveniently located hose connections to facilitate cleaning operations in the dairy plant. When hoses are not in use, they shall be neatly stored off the floor on racks or reels.

ATCP 65.24(12) (12) Toilet facilities.

ATCP 65.24(12)(a) (a) Every dairy plant shall have toilet facilities that comply with chs. SPS 361 to 365.

ATCP 65.24(12)(b) (b) Toilet rooms shall be conveniently located, but shall not open directly into any room where milk or dairy products are processed. Every toilet room shall be completely enclosed and shall have a tight-fitting, solid, self-closing door. The door shall be kept closed except when in use or when the toilet room is being cleaned or repaired.

ATCP 65.24(12)(c) (c) Toilet rooms and fixtures shall be kept clean, sanitary, and in good repair. A supply of toilet tissue shall be provided at each toilet at all times.

ATCP 65.24(12)(d) (d) Every toilet room shall be equipped with hand-washing facilities with hot and cold running water, soap, and single-service towels or air hand-drying equipment. Common towels are prohibited. Easily cleanable, covered receptacles shall be provided for waste materials.

ATCP 65.24(12)(e) (e) One or more conspicuous signs, directing personnel to wash their hands before returning to work, shall be prominently posted in every toilet and dressing room. Signs shall be clearly printed in a language or languages that can be understood by all dairy plant personnel.

ATCP 65.24(13) (13) Locker and linen facilities.

ATCP 65.24(13)(a) (a) Clothing and personal items of dairy plant personnel, when not being worn or carried, shall be neatly stored in lockers or comparable facilities provided for that purpose. Clothing and personal items may not be stored in areas where milk, dairy products, or ingredients are received, processed, handled, or stored, or in areas where dairy product containers, equipment, or utensils are cleaned or stored.

ATCP 65.24(13)(b) (b) Work clothing, when not being worn by dairy plant personnel, shall be stored in an orderly and sanitary manner. Soiled linen and clothing shall be kept in nonabsorbent containers or laundry bags until removed for laundering or disposal. Soiled linen and clothing shall be removed as often as necessary to prevent unsanitary conditions.

ATCP 65.24(14) (14) Handwashing sinks in processing areas.

ATCP 65.24(14)(a) (a) Handwashing sinks shall be provided for use by all dairy plant personnel working in each processing room or area. The sinks shall be conveniently accessible, and shall be kept in a clean and sanitary condition.

ATCP 65.24(14)(b) (b) A supply of soap or detergent, and a sanitary, single-service means for drying hands, shall be provided at each handwashing sink at all times. Common towels are prohibited. If disposable towels are used, a clean, covered waste receptacle shall be provided for their disposal.

ATCP 65.24(14)(c) (c) A handwashing sink may not be used to rinse, wash, or sanitize equipment or utensils.

ATCP 65.24(14)(d) (d) A handwashing sink installed to serve a processing area shall be located in that processing area. The sink shall be served by potable tempered water, or by potable hot and cold water delivered through a mixing valve or combination faucet. The sink shall not be hand operated. If a self-closing, slow-closing, or metered faucet is used, the faucet shall provide an uninterrupted flow of water for at least 15 seconds before it becomes necessary to reactivate the faucet.

ATCP 65.24(14)(e) (e) An automatic handwashing device may be substituted for a handwashing sink under this subsection if the automatic handwashing device operates in a safe and effective manner.

ATCP 65.24(15) (15) Interior premises; cleanliness. Every room of a dairy plant shall be kept in a clean and orderly condition.

ATCP 65.24(16) (16) Exterior premises; cleanliness.

ATCP 65.24(16)(a) (a) The premises surrounding a dairy plant shall be well drained and shall be kept in an orderly condition. The premises shall be kept free of accumulated trash, garbage, excess vegetation, and other objects that may harbor vermin, be a source of airborne dust or dirt, or hold standing water. Driveways and parking lots shall be surfaced or maintained to minimize airborne dust and dirt.

ATCP 65.24(16)(b) (b) Every outdoor storage tank used for liquid food ingredients shall be located on a drained impermeable surface. All loading and unloading of liquid food ingredients from that storage tank shall be conducted above a drained impermeable surface.

ATCP 65.24(17) (17) Garbage and solid waste disposal.

ATCP 65.24(17)(a) (a) Garbage and solid waste shall be removed from the dairy plant premises as often as necessary to keep the premises in a clean and sanitary condition.

ATCP 65.24(17)(b) (b) Garbage and solid waste storage areas shall be constructed and maintained so that they are easily cleanable and do not attract or harbor insects, rodents, or other animals; do not hold standing water, and are not a source of airborne dust or dirt.

ATCP 65.24(17)(c) (c) Garbage and solid waste shall be held in durable, leak-proof, easily cleanable, and pest-resistant containers. Containers shall be covered with tight-fitting lids, and shall be cleaned when necessary to prevent unsanitary conditions. Waste containers receiving solid waste from packaging and bottle washing operations may be uncovered, if necessary, when those operations are in progress.

ATCP 65.24(17)(d) (d) No garbage or solid waste may be burned on the dairy plant premises, except in compliance with state and local regulations. No garbage or solid waste may be burned on the premises if the burning may contaminate dairy products.

ATCP 65.24(18) (18) Pest control. A dairy plant shall be free of any evidence of insect, rodent, or other pest infestation. A dairy plant operator shall take effective measures to prevent and, if necessary, eradicate pest infestations. No pesticide may be stored, handled, or used in a manner inconsistent with label directions, in a negligent manner, or in a manner that may contaminate dairy products.

ATCP 65.24 Note Note: Pesticides must be handled, stored, and used in compliance with ss. 94.67 to 94.71, Stats., and ch. ATCP 29.

ATCP 65.24(19) (19) Construction plans; notification; review. Before constructing, substantially reconstructing, or extensively altering a dairy plant, a dairy plant operator shall provide the division with complete plans and specifications for the construction, reconstruction, or alteration. Within 30 days after a dairy plant operator files plans with the division under this subsection, the division shall return its comments or objections, if any, in writing.

ATCP 65.24 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (8) (a), (d) 2. made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.26 ATCP 65.26 Personnel; sanitation standards.

ATCP 65.26(1) (1) Cleanliness and sanitation; general.