Chapter ATCP 65

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:

ATCP 65.50(2)(a) (a) The dairy product complies with, and has been produced according to, this chapter and ch. ATCP 82.

ATCP 65.50(2)(b) (b) The dairy product is prominently labeled as animal feed according to ch. ATCP 42.

ATCP 65.50(2)(c) (c) The dairy product is prominently labeled as “NOT FOR HUMAN FOOD OR ANIMAL FEED” and is sold only for non-food and non-feed purposes. The label shall include the manufacturer’s name and address and the address of the location where the product was manufactured. The label may not include any dairy plant license or identification number issued by the department.

ATCP 65.50 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

subch. IV of ch. ATCP 65 Subchapter IV — Pasteurization

ATCP 65.52 ATCP 65.52 Unpasteurized milk sales prohibited; exemptions. No person may sell or distribute unpasteurized milk or dairy products to consumers or to any person for resale or redistribution in unpasteurized form to consumers. This section does not prohibit any of the following:

ATCP 65.52(1) (1) The sale or distribution of milk or dairy products that are heat sterilized in hermetically sealed containers.

ATCP 65.52(2) (2) The distribution of unpasteurized fluid milk, produced on a dairy farm, to any of the following:

ATCP 65.52(2)(a) (a) The milk producer who is licensed under s. ATCP 65.02 (1) to operate that dairy farm, and who, as license holder, assumes legal responsibility for dairy farm and milking operations.

ATCP 65.52(2)(b) (b) An individual who has a bona fide ownership interest in the dairy farm and milking operation under par. (a), if the milk producer operating the dairy farm and milking operation is a legal entity other than an individual or married couple.

ATCP 65.52(2)(c) (c) A family member or nonpaying household guest who consumes the milk at the home of an individual milk producer or bona fide owner under par. (a) or (b).

ATCP 65.52(3) (3) The sale or distribution of unpasteurized milk, produced on a dairy farm, to the employees of that dairy farm.

ATCP 65.52(4) (4) The incidental sale of unpasteurized milk to a consumer at the dairy farm where the milk is produced. A sale is not incidental if the consumer subsequently sells the milk or distributes the milk, other than distribution for consumption by the consumer, the consumer’s family, or the consumer’s nonpaying household guests. A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer or solicitation made to the general public through any communications medium.

ATCP 65.52 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.54 ATCP 65.54 Pasteurization required.

ATCP 65.54(1) (1) Except as provided under sub. (2), every dairy product shall be pasteurized at the dairy plant where that dairy product is manufactured.

ATCP 65.54(2) (2) Subsection (1) does not apply to any of the following:

ATCP 65.54(2)(a) (a) A dairy product shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the shipment is accompanied by a bill of lading that identifies the dairy product as unpasteurized.

ATCP 65.54(2)(b) (b) A dairy product made entirely from dairy products that have been pasteurized at the same dairy plant.

ATCP 65.54(2)(c) (c) Ice cream or frozen dessert made from pasteurized ice cream mix or pasteurized frozen-dessert mix, provided that no unpasteurized dairy product is added to the pasteurized mix.

ATCP 65.54(2)(d) (d) A dairy product for which the standard of identity provides that the dairy product and its ingredients need not be pasteurized.

ATCP 65.54(2)(e) (e) A dairy product that is sterilized and packaged in a hermetically sealed package.

ATCP 65.54(2)(f) (f) Cream, skim milk, or low-fat milk that have been treated with heat to an extent less than pasteurization, and then shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the bulk shipment is accompanied by a bill of lading that identifies the contents of the bulk shipment as being unpasteurized and heat-treated. The heat-treated cream, skim milk, or low-fat milk may be heated not more than once for separation purposes, to a temperature that is not less than 125° F. (52° C.) nor more than 161° F. (72° C.). Heat-treated cream may be heated to a greater extent, up to a temperature of 166° F. (75° C.) in a continuing heating process, if further heating is necessary to deactivate enzymes for functional reasons. Cream, skim milk, and low-fat milk, after being heated to an extent less than pasteurization, shall immediately be cooled to a temperature of 45° F. (7° C.) or less.

ATCP 65.54(2)(g) (g) Dried condensed whey produced by drying condensed whey that was previously pasteurized at another dairy plant, provided that all of the following apply:

ATCP 65.54(2)(g)1. 1. The pasteurized condensed whey received for drying contained at least 40% total solids, and was partially crystallized by cooling at the dairy plant where it was pasteurized.

ATCP 65.54(2)(g)2. 2. The partially crystallized condensed whey was kept at a temperature of 45° F. (7° C.) or less prior to drying.

ATCP 65.54(2)(g)3. 3. The bulk milk tanker used to transport the partially crystallized condensed whey was washed and sanitized immediately before filling, was sealed immediately after filling, and remained sealed until it was unloaded at the receiving dairy plant.

ATCP 65.54(2)(g)4. 4. The receiving dairy plant unloaded the partially crystallized condensed whey using unloading pumps and pipelines that are used only for that purpose and have been cleaned and sanitized as a separate C-I-P circuit before use in unloading.

ATCP 65.54(2)(h) (h) Grade B dairy products produced by adding previously pasteurized and dried dairy products with a water activity not greater than 0.85 to previously pasteurized grade B dairy products, if approved in writing by the division.

ATCP 65.54(2)(i) (i) Grade B dairy products produced by adding previously pasteurized packaged dairy products to previously pasteurized grade B dairy products, if approved in writing by the division.