Chapter ATCP 65

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.

ATCP 65.41 ATCP 65.41 Low-acid or acidified dairy products packaged in hermetically sealed containers for non-refrigerated storage.

ATCP 65.41(1) (1) Manufacturing of low-acid dairy products, that have a pH greater than 4.6 and a water activity greater than 0.85, and are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.35 and 113.

ATCP 65.41(2) (2) Manufacturing of acidified dairy products, as defined in 21 CFR 114.3(b), that are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.25 and 114.

ATCP 65.41 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.42 ATCP 65.42 Recall plan.

ATCP 65.42(1) (1) Plan required. An operator of a dairy plant at which dairy products are manufactured or processed shall prepare a written plan for identifying and recalling milk and dairy products processed at that dairy plant, and any other food processed at the facility, should a recall become necessary. The dairy plant operator shall update the plan as necessary and shall make it available to the division for inspection and copying upon request. This requirement does not apply to the operator of a receiving station or a transfer station.

ATCP 65.42(2) (2) plan contents. A plan, written pursuant to sub. (1), shall do all of the following:

ATCP 65.42(2)(a) (a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the dairy plant operator.

ATCP 65.42(2)(b) (b) Identify key individuals or entities to be contacted or consulted in connection with a recall.

ATCP 65.42(2)(c) (c) Include procedures for the routine identification, dating, and tracking of milk and dairy product lots so that in a recall the affected lots can be identified and distinguished from unaffected lots.

ATCP 65.42(2)(d) (d) Include procedures to enable routine identification, dating, and tracking of milk and dairy product shipments from the dairy plant. Tracking shall identify shipment recipients and contents, cross-referenced to lots, so that in a recall recipients of affected lots can be contacted.

ATCP 65.42(2)(e) (e) Include procedures for determining the nature and scope of a recall, including affected milk and dairy product lots, shipments, and shipment recipients.

ATCP 65.42(2)(f) (f) Include procedures for identifying and communicating with affected persons, including suppliers, milk and dairy product shipment recipients, down-line buyers, consumers, government agencies, and others.

ATCP 65.42(2)(g) (g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.

ATCP 65.42(2)(h) (h) Identify potential methods for communicating with target audiences, under par. (g).

ATCP 65.42(2)(i) (i) Identify key information, including the identity of the affected milk and dairy products, the reason for the recall, and suggested actions to be taken by affected persons, that may be necessary to communicate to affected persons in a recall.

ATCP 65.42 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.44 ATCP 65.44 Dairy plant records.

ATCP 65.44(1) (1) Mandatory records. A dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, shall keep all of the following records, as applicable to their operation, and shall retain those records for the period of time specified under this subsection:

ATCP 65.44(1)(a) (a) Records related to milk receipts and producer payrolls, as required by s. ATCP 100.32 (1). Records under this paragraph shall include milk collection records received from bulk milk weighers and samplers under s. ATCP 82.10 (10). Records under this paragraph shall be retained for at least 3 years.

ATCP 65.44(1)(b) (b) Records of all dairy product ingredients received at the dairy plant, including the sources from which the ingredients were received. Records under this paragraph shall be retained for at least two years.

ATCP 65.44(1)(c) (c) Daily records of all finished products produced at the dairy plant. Records under this paragraph shall be retained for at least one year.

ATCP 65.44(1)(d) (d) Records of all milk quality tests and sediment tests conducted on milk shipments received by the dairy plant operator, including but not limited to tests required under subch. V. Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(e) (e) Records of all in-plant tests, performed by a dairy plant operator on milk and dairy products held or processed by the dairy plant operator, to determine bacterial counts or identify possible adulteration of that milk or those dairy products. Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(f) (f) Records of private water supply tests, if any, conducted under s. ATCP 65.24 (8). Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(g) (g) Cleaning and sanitizing records for all C-I-P systems, as required under s. ATCP 65.30 (2) (b). Records under this paragraph shall be retained for at least 2 years. Records may be stored in electronic form, with or without hard copy printouts, if the electronic records are readily accessible by a division representative.

ATCP 65.44(1)(h) (h) A record of every calibration, daily performance check, daily reference check, and hourly reference check performed on a milkfat or protein testing device, as required by s. ATCP 65.86 (3) (j). Records under this paragraph shall be retained for at least one year.

ATCP 65.44(1)(i) (i) Pasteurization records required under s. ATCP 65.66. Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(j) (j) Cleaning and sanitizing records for bulk milk tankers cleaned and sanitized at a dairy plant, as required under s. ATCP 82.08 (4). Records under this paragraph shall be retained for at least 15 days.

ATCP 65.44(1)(k) (k) Temperature monitoring records made by the dairy plant operator, including records of dairy product temperatures, storage temperatures, and processing temperatures. Records under this paragraph shall be retained for at least 2 years.