Chapter ATCP 65

ATCP 65.32(4)(b) (b) Grade A dairy products shall be mechanically packaged using mechanical capping, closing, or sealing equipment approved by the division. When mechanical equipment for capping, closing, or sealing containers holding 3 gallons (12.8 liters) or more is not available, manual methods approved by the division may be used. Hand capping is otherwise prohibited.

ATCP 65.32(4)(c) (c) A drip deflector, designed and adjusted to deflect condensation away from open packages, shall be installed on each filler valve.

ATCP 65.32(4)(d) (d) Conveyors that feed packages to packaging machines shall have overhead shields to protect open packages from contamination.

ATCP 65.32(4)(e) (e) If a filled package is imperfectly sealed, the contents of that package shall be emptied into a sanitary container. The contents shall be discarded or shall be examined for physical adulterants, filtered if necessary, and repasteurized before being repackaged.

ATCP 65.32 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.34 ATCP 65.34 Sanitizers and sanitizing methods.

ATCP 65.34(1) (1) Sanitizing methods. Cleaned product contact surfaces shall be sanitized by using any of the following methods:

ATCP 65.34(1)(a) (a) Complete and continuous exposure to clean water at a temperature of at least 170° F. (70° C.) for at least 5 minutes.

ATCP 65.34(1)(b) (b) Complete and continuous exposure to steam resulting in a food contact surface temperature of at least 170° F. (70° C.) for at least 15 minutes or resulting in a food contact surface temperature of at least 200° F. (93° C.) for at least 5 minutes.

ATCP 65.34(1)(c) (c) Complete and continuous exposure for at least 2 minutes to a sanitizing solution containing at least 50 ppm of free residual chlorine and having a pH not higher than 8.3, at a temperature not less than 75° F. (24° C.) or more than 110° F. (44° C.)

ATCP 65.34(1)(d) (d) Complete and continuous exposure for at least one minute to a sanitizing solution containing at least 12.5 ppm of available iodine and having a pH not higher than 5.0, at a temperature of not less than 75° F. (24° C.) or more than 110° F. (44° C.).

ATCP 65.34(1)(e) (e) Complete and continuous exposure to a caustic sanitizing solution according to s. ATCP 65.32 (3).

ATCP 65.34(1)(f) (f) Application of chemical sanitizers that comply with 21 CFR 178.1010, are registered with the U.S. environmental protection agency and applied according to manufacturer’s instructions.

ATCP 65.34(1)(g) (g) Application of a chemical sanitizer or sanitizing method that has been shown to be as effective as the methods specified under pars. (a) to (f), and that the division has approved in writing.

ATCP 65.34(2) (2) Sanitizers; maximum concentrations. The use of a sanitizer shall leave no toxic residue on a product contact surface. Sanitizing solutions shall not exceed the maximum concentrations specified by the US food and drug administration, under 21 CFR 178.1010. A test kit or other device that measures the concentration of sanitizing solutions in appropriate units of measurement shall be used as necessary to ensure compliance with this subsection at all times.

ATCP 65.34 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.36 ATCP 65.36 Receiving milk and dairy products.

ATCP 65.36(1) (1) Milk from dairy farms.

ATCP 65.36(1)(a) (a) No dairy plant operator may collect or receive milk from a dairy farm located in this state, unless the milk producer holds a current milk producer license for that dairy farm under s. 97.22 (2), Stats., and s. ATCP 65.02.

ATCP 65.36(1)(b) (b) No dairy plant operator may collect or receive a milk shipment from a dairy farm in this state unless a person, licensed under s. 97.17 or 98.146, Stats., does all the following before that milk shipment is commingled with milk from any other dairy farm:

ATCP 65.36(1)(b)1. 1. Collects a sample of milk from the shipment, according to s. ATCP 65.38.

ATCP 65.36(1)(b)2. 2. Accurately measures and records the temperature and quantity of milk in the shipment.

ATCP 65.36 Note Note: A dairy plant operator shall comply with applicable requirements under subch. V, which requires dairy plant operators to sample and test producer milk and report test results. Dairy plant operators must reject milk shipments and take follow-up action in some cases.

ATCP 65.36(2) (2) Grade A milk from dairy farms. No dairy plant operator may collect or receive as grade A milk any of the following:

ATCP 65.36(2)(a) (a) Milk from a dairy farm in this state, unless the milk producer holds a current grade A permit for that dairy farm under s. 97.22 (3), Stats., and s. ATCP 65.02 (10).

ATCP 65.36(2)(b) (b) Milk from a dairy farm in any other state, unless the milk producer holds a current grade A permit for that dairy farm from the responsible regulatory authority in that state.

ATCP 65.36(3) (3) Bulk milk tanker deliveries and shipments.

ATCP 65.36(3)(a) (a) No dairy plant operator may receive or ship any grade A milk or grade A fluid milk products transported in a bulk milk tanker, unless the bulk milk tanker operator holds a current grade A permit for that bulk milk tanker issued under s. 97.21 (2), Stats., and s. ATCP 82.02 (7) or issued by another state’s regulatory agency.

ATCP 65.36(3)(b) (b) Before a dairy plant operator unloads milk from a bulk milk tanker or commingles it with milk from another milk producer, the dairy plant operator shall test the bulk shipment for drug residues according to s. ATCP 65.72 (3).

ATCP 65.36(3)(c) (c) An on-farm dairy plant may not receive milk from the same dairy farm which is transported by means other than a bulk milk tanker unless each bulk shipment of milk is sampled and the milk is tested for drug residues according to s. ATCP 65.72 (3). After the sampling, all remaining unpasteurized milk shall be pasteurized and all equipment that contacted the unpasteurized milk shall be cleaned and sanitized before the next receipt of unpasteurized milk by the dairy plant. The sample of milk shall be obtained from one of the following locations:

ATCP 65.36(3)(c)1. 1. The dairy farm bulk milk tank or silo.

ATCP 65.36(3)(c)2. 2. An unpasteurized milk tank, silo, other unpasteurized milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

ATCP 65.36(4) (4) Grade A dairy plant may not receive grade B milk. A grade A dairy plant operator may not process grade B milk at a grade A dairy plant unless the division authorizes that processing in writing. A grade A dairy plant operator may not receive, transfer, or process grade A milk or dairy products through the same equipment used to receive, transfer, or process grade B milk or dairy products unless the dairy plant operator first rinses the equipment.

ATCP 65.36(5) (5) Manufactured dairy ingredients; approved sources. Manufactured dairy ingredients used in the manufacture or processing of dairy products shall originate from dairy plants licensed under s. 97.20, Stats., and this chapter, or licensed or inspected under laws of other states or nations deemed acceptable by the FDA.

ATCP 65.36(6) (6) Receiving facilities.

ATCP 65.36(6)(a) (a) A dairy plant’s facilities for receiving milk shipments shall be constructed and maintained in compliance with s. ATCP 65.24 and shall be separated from other areas of the dairy plant as required by s. ATCP 65.24 (7).

ATCP 65.36(6)(b) (b) An on-farm dairy plant may not receive milk from the same dairy farm unless the milk is transported in a bulk milk tanker and received in a facility complying with s. ATCP 65.24 or stored on the dairy farm in a bulk milk tank or silo that is directly connected to an raw milk tank, silo, other raw milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

ATCP 65.36(7) (7) Cleaning and sanitizing bulk milk tankers. A dairy plant operator shall ensure that bulk milk tankers transporting milk or dairy products to or from a dairy plant are cleaned and sanitized after each day’s use as required by s. ATCP 82.08.

ATCP 65.36(8) (8) Cleaning and sanitizing milk cans. If a dairy plant operator receives raw milk in cans, the dairy plant operator shall clean, sanitize, and thoroughly dry those cans before the cans are removed from the dairy plant for reuse. Can washing equipment shall be kept clean and in good repair.

ATCP 65.36 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 65.38 ATCP 65.38 Collecting milk samples.

ATCP 65.38(1) (1) Sample required. A dairy plant operator who receives a milk shipment from a milk producer shall collect a representative milk sample from that shipment. Sufficient agitation or a milk sampling method approved by the division shall be used to ensure that the milk sample is representative of the milk shipment. A person licensed under s. 97.17 or 98.146, Stats., shall collect the sample before the dairy plant operator commingles the milk with milk from any other milk producer.

ATCP 65.38(2) (2) Sample collected at the dairy farm. A bulk milk weigher and sampler who collects a bulk milk shipment from a dairy farm shall collect the milk sample for the dairy plant operator, under sub. (1), in accordance with ch. ATCP 82. The bulk milk weigher and sampler shall promptly deliver the sample to the dairy plant operator, or to a milk testing laboratory designated by the dairy plant operator.

ATCP 65.38(3) (3) Sample collected from bulk transport container. A person who receives a bulk transport container at a dairy plant shall collect the milk sample for the dairy plant operator under sub. (1), in accordance with ch. ATCP 82. The person shall promptly deliver the sample to the dairy plant operator or to a milk testing laboratory designated by the dairy plant operator.

ATCP 65.38(4) (4) Increased sampling frequency. If milk from any dairy farm violates a standard under s. ATCP 65.70 on any single test, the dairy plant operator shall do any of the following:

ATCP 65.38(4)(a) (a) Collect and test a milk sample from that farm at least once every 2 days until a subsequent test shows that the violation has been corrected.

ATCP 65.38(4)(b) (b) Reject milk shipments from the producer, if the operator is required to reject those milk shipments under s. ATCP 65.70 (2) (f) or (4) or 82.10 (4).

ATCP 65.38 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (4) (b) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.40 ATCP 65.40 Storing and handling milk and dairy products.

ATCP 65.40(1) (1) General. Dairy products shall be protected from contamination and decomposition while being received, processed, handled, conveyed, or held at a dairy plant. Dairy products shall be received, processed, handled, conveyed, and held in a manner that keeps the products in a safe, wholesome, and unadulterated condition.

ATCP 65.40(2) (2) Storage temperatures.

ATCP 65.40(2)(a) (a) Milk and dairy products shall be stored at temperatures listed in pars. (b) to (e), unless the division has authorized alternative temperature limits in writing. An authorization by the division shall be valid for 5 years, and may be renewed upon a written request from the dairy plant operator.

ATCP 65.40(2)(b) (b) Except as provided under par. (e), unpasteurized grade A milk and grade A dairy products received for processing at a dairy plant shall be kept at a temperature of 45° F. (7° C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized grade A milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).

ATCP 65.40(2)(c) (c) Except as provided under par. (e), unpasteurized grade B milk and other grade B dairy products received for processing at a dairy plant shall be kept at a temperature of 50º F. (10º C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).

ATCP 65.40(2)(d) (d) Except as provided under par. (e), all pasteurized milk and dairy products, after being pasteurized, shall be cooled to a temperature of 45° F. (7° C.) or less and shall then be kept at that temperature at all times. This paragraph does not apply to a grade A cultured dairy product while being cultured, to a dried milk product, or to a grade A dairy product that is sterilized and packaged in a hermetically sealed package.

ATCP 65.40(2)(e) (e) No milk or dairy product may be held at a dairy plant for more than 4 hours at a temperature that is between 45° F. (7° C.) and 140° F. (60° C.). This paragraph does not apply to any of the following:

ATCP 65.40(2)(e)1. 1. Grade A cultured dairy products and grade A acidified dairy products while being cultured, provided process controls are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.

ATCP 65.40(2)(e)2. 2. Dried dairy products.

ATCP 65.40(2)(e)3. 3. Butter during micro-fixing.

ATCP 65.40(2)(e)4. 4. Cheese while being cured, ripened, or tempered for further processing.

ATCP 65.40(2)(e)5. 5. Pasteurized cream while being ripened for churning into butter.

ATCP 65.40(2)(e)6. 6. Whey and whey products during the process of crystallization, provided process controls for crystallization of grade A whey and whey products are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.

ATCP 65.40(2)(e)7. 7. Acid whey with titratable acidity of not less than 0.40%, expressed as % lactic acid, or a pH of not higher than 4.6.

ATCP 65.40(2)(e)8. 8. Dairy products that are sterilized and packaged in hermetically sealed packages.

ATCP 65.40(2)(e)9. 9. Grade B whey originating from pasteurized milk to which one or more starter cultures was added, if the surfaces contacted by that whey have been cleaned and sanitized before holding, transport, and receipt of the whey and the received whey is either pasteurized or cooled to 50° F. or colder not more than 8 hours after its generation at a licensed dairy plant.

ATCP 65.40(3) (3) Pasteurization. Dairy products shall be pasteurized in compliance with subch. IV.

ATCP 65.40(4) (4) Storing dairy products and ingredients.

ATCP 65.40(4)(a) (a) Areas used to store dairy products and ingredients shall be kept in a clean, sanitary, and orderly condition, free from conditions that may adulterate the dairy products or dairy product ingredients.

ATCP 65.40(4)(b) (b) Dairy products shall be stored at temperatures specified under sub. (2). Other potentially hazardous foods, including potentially hazardous ingredients used in making dairy products, shall be stored at safe temperatures as defined in s. ATCP 65.01 (60).

ATCP 65.40(4)(c) (c) Dairy products and ingredients shall be stored in an orderly manner, so that storage areas can be easily inspected and cleaned. Dairy products and ingredients may not be stored under conditions that may cause adulteration. Storage areas shall be constructed and maintained so that waste liquids do not accumulate in those areas.

ATCP 65.40(4)(d) (d) Dairy products and ingredients may not be stored in a manner that may attract or harbor pests. No pesticides or other toxic materials may be stored in a manner that may contaminate dairy products, dairy product ingredients, or packaging materials.

ATCP 65.40(5) (5) Reprocessing and disposal of dairy products.

ATCP 65.40(5)(a) (a) A dairy plant operator may not reprocess, for use in any dairy product, packaged grade A dairy products that have left the custody of the dairy plant or that have originated from another dairy plant. This does not prohibit any of the following:

ATCP 65.40(5)(a)1. 1. The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.

ATCP 65.40(5)(a)2. 2. Reprocessing dry milk and dry milk products returned to the dairy plant, provided that the product package is intact.

ATCP 65.40(5)(a)3. 3. Reprocessing dairy products collected from a packaging defoamer system or drained from processing equipment at the end of a run, if those dairy products are collected and handled in a sanitary manner, held at a temperature of 45° F. (7° C.) or less, and re-pasteurized.

ATCP 65.40(5)(a)4. 4. Reprocessing specifically authorized in writing by the division, under conditions specified by the division.

ATCP 65.40(5)(b) (b) A dairy plant operator shall discard any packaged grade A dairy products that are returned to a dairy plant by a wholesaler or retailer. Pending disposal, returned grade A dairy products shall be kept in an area that is clearly designated as a holding area for returned products. The holding area shall be separate from other areas used for the receipt, storage, or processing of dairy products.

ATCP 65.40(5)(c) (c) A dairy plant operator shall discard all milk and dairy products that have spilled, overflowed, or leaked from equipment, utensils, or packages. This paragraph does not apply to milk and dairy products caught and collected in a sanitary manner, in equipment specifically designed for that purpose.

ATCP 65.40(6) (6) Dairy products intended for non-food use. Milk and dairy products not intended for human consumption shall be clearly and conspicuously labeled as being not for use as human food. No person may repackage or sell, for use as human food, any milk or dairy products labeled or intended for non-food use.

ATCP 65.40 Note Note: The manufacture and sale of animal feed is subject to separate licensing and regulation under s. 94.72, Stats.

ATCP 65.40(7) (7) Reconstituted or recombined dairy products; pasteurization.

ATCP 65.40(7)(a) (a) A dairy plant operator shall pasteurize reconstituted or recombined dairy products after those dairy products are reconstituted or recombined, except when the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

ATCP 65.40(7)(b) (b) A dairy plant operator may not commingle pasteurized dairy products with unpasteurized milk or dairy products unless the dairy plant operator pasteurizes the resulting product or the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

ATCP 65.40(7)(c) (c) A dairy plant operator shall take effective measures to prevent cross contamination between pasteurized and unpasteurized dairy products.

ATCP 65.40(8) (8) Pressurized air and steam; contact with dairy products. Pressurized air and steam coming in contact with a dairy product or product contact surface shall be clean, safe, and free of contaminants. The system used to generate and supply pressurized air and steam shall comply with applicable “3-A Sanitary Standards” and “3-A Accepted Practices” listed in ch. ATCP 65 Appendix A.

ATCP 65.40 Note Note: The “3-A Sanitary Standards” and “3-A Accepted Practices” listed in APPENDIX A are published by 3-A Sanitary Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA 22101-3850, telephone [phone], website www.3-a.org. Copies are on file with the division and the legislative reference bureau. Copies may be purchased from the “3-A Sanitary Standards, Inc. Online Store” at http://www.techstreet.com.

ATCP 65.40(9) (9) Fire, flood, or calamity damage. If a dairy product or ingredient is subjected to possible contamination in a fire, flood, or other calamity, no person may sell or reprocess that product or ingredient for human consumption unless the division first inspects the product or ingredient and authorizes its sale or reprocessing for human consumption. A dairy plant operator shall notify the division whenever dairy products or ingredients in the operator’s possession have been subjected to possible damage or contamination because of fire, flood, or other calamity.

ATCP 65.40 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.