Chapter ATCP 65

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.

ATCP 65.44(1)(L) (L) Inventory control records for vitamin fortification of fluid milk products, including vitamins used and the quantity of fortified fluid milk products produced. Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(m) (m) Vitamin assay test results conducted on fortified dairy products under s. ATCP 65.74 (4). Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(n) (n) Cleaning and sanitizing records required under s. ATCP 65.28 (7) (g). Records under this paragraph shall be retained for at least 2 years.

ATCP 65.44(1)(o) (o) Bills of lading or other shipping documents relating to the bulk shipment of dairy products from the dairy plant to another dairy plant, or to the dairy plant from another dairy plant. The dairy plant operator shall retain each shipping document for at least 3 years. Each shipping document shall include all of the following information:

ATCP 65.44(1)(o)1. 1. The name, address, and license number of the dairy plant from which the shipment originates. If the dairy product is a grade A dairy product, the shipping document shall also include the dairy plant shipper identification number assigned under the PMO.

ATCP 65.44(1)(o)2. 2. If grade A milk or dairy product was shipped in a bulk milk tanker, the bulk milk tanker grade A permit identification number, assigned under ch. ATCP 82 or the PMO, and the seal number on the bulk milk tanker inlet, outlet, wash connections, and vents.

ATCP 65.44(1)(o)3. 3. The name of the dairy product shipped.

ATCP 65.44(1)(o)4. 4. The weight of the dairy product shipped.

ATCP 65.44(1)(o)5. 5. The temperature of the dairy product when loaded for shipment.

ATCP 65.44(1)(o)6. 6. The date of shipment.

ATCP 65.44(1)(o)7. 7. The name of the dairy regulatory agency at the shipment point of origin.

ATCP 65.44(1)(o)8. 8. Whether the dairy product was raw, pasteurized, or treated with heat to an extent less than pasteurization.

ATCP 65.44(1)(o)9. 9. The grade of product.

ATCP 65.44(1)(p) (p) Milk producer affidavits certifying that the milk producers do not use bovine somatotropin, as required under s. ATCP 83.02 (5) and (7).

ATCP 65.44(2) (2) Accessibility of records; electronic records. Records under sub. (1) shall be kept at the dairy plant or, for records kept by 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, at the milk contractor’s business location, and shall be made available to the division for inspection and copying upon request. Records may be kept in electronic form, with or without hard copy printouts, if the electronic records are readily accessible to a division representative and comply with the applicable provision of Appendix H, sections IV and V of the PMO.

ATCP 65.44 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (1) (h) made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (p) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.46 ATCP 65.46 Dairy plant reports to department.

ATCP 65.46(1) (1) Reports related to licenses, permits, financial statements and milk quality. 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 submit all of the following reports to the department:

ATCP 65.46(1)(a) (a) Reports required for the issuance or annual renewal of a dairy plant license or grade A permit under s. ATCP 65.02.

ATCP 65.46(1)(b) (b) Financial statements and reports required as part of an application for a milk contractor license under ch. ATCP 100, if any.

ATCP 65.46(1)(c) (c) Monthly milk quality test reports required under subch. V and dairy farm inspection reports required as part of a milk producer or grade A producer permit application under ss. ATCP 65.910 and 65.912.

ATCP 65.46(2) (2) Reports related to results of product testing for microbial pathogens or toxins.

ATCP 65.46(2)(a) (a) Except as provided in par. (b), a dairy plant operator shall report to the division the result of any microbiological test or laboratory analysis that confirms the presence of a pathogenic organism or toxin in a ready-to-eat dairy product produced by the operator. The operator shall report to the division within 24 hours after the operator obtains the test result. The operator may report orally, electronically, or in writing.

ATCP 65.46(2)(b) (b) A dairy plant operator is not required to report a test result under par. (a) if all the following apply:

ATCP 65.46(2)(b)1. 1. The ready-to-eat dairy product is identified by a product code or production lot number and remains under the control or custody of the dairy plant operator.

ATCP 65.46(2)(b)2. 2. The operator does not sell or distribute any ready-to-eat dairy product that bears the product code or production lot number under subd. 1.

ATCP 65.46 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.48 ATCP 65.48 Confidential information.

ATCP 65.48(1) (1) None of the following information, received by the department from 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, is subject to public inspection under s. 19.35, Stats.

ATCP 65.48(1)(a) (a) Financial information protected from disclosure under s. 126.84 (1) (a), Stats.

ATCP 65.48(1)(b) (b) Information qualifying as a trade secret as defined in s. 134.90 (1) (c), Stats.

ATCP 65.48(2) (2) None of the following information received by the department from 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, is subject to public inspection under s. 19.35, Stats., unless the department determines that inspection is necessary to protect the public health, safety, or welfare:

ATCP 65.48(2)(a) (a) Information that identifies individual milk producers who deliver milk to the dairy plant operator, or sell milk to a milk contractor, if the information is in the form of a composite list identifying those producers with that dairy plant operator or milk contractor, except as provided under s. 126.70 (6) (b) and (c), Stats.

ATCP 65.48 Note Note: See s. 97.20 (3m), Stats.

ATCP 65.48(2)(b) (b) Information pertaining to individual milk producer production and milk quality records if that information identifies the producer.

ATCP 65.48 Note Note: See s. 97.22 (10), Stats.

ATCP 65.48 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.50 ATCP 65.50 Dairy product labeling.

ATCP 65.50(1) (1) General. Dairy product labeling shall comply with applicable requirements in ch. 97, Stats., this chapter, and chs. ATCP 81, 83, 85, and 90.

ATCP 65.50(2) (2) Products not for human consumption. No dairy plant operator may distribute any dairy product manufactured by that dairy plant operator unless any of the following applies: