Chapter ATCP 65

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.

ATCP 65.54(3) (3) A dairy product, required to be pasteurized under sub. (1), shall be pasteurized by, or under the direct supervision of, a pasteurizer operator who has successfully completed any of the following:

ATCP 65.54(3)(a) (a) A pasteurization training course, of at least 8 hours duration, provided by the University of Wisconsin or an equivalent course approved by the division.

ATCP 65.54(3)(b) (b) A competency examination approved by the division.

ATCP 65.54(4) (4) If a dairy product standard of identity requires that any ingredient of that product be pasteurized, the ingredient shall be pasteurized according to s. ATCP 65.58.

ATCP 65.54(5) (5) Except as provided in subs. (6) to (8), a dairy product that is required to be pasteurized under sub. (1) or (4) shall be pasteurized before it is introduced into any membrane or condensing processing system.

ATCP 65.54(6) (6) Subsection (5) does not apply to grade B whey or whey product if at least one of the following applies:

ATCP 65.54(6)(a) (a) The whey or whey product is derived from milk pasteurized in the same dairy plant.

ATCP 65.54(6)(b) (b) The whey is acid whey, which has a pH less than 4.7 when drawn from the curd.

ATCP 65.54(6)(c) (c) The whey or whey product is processed in a membrane processing system that complies with sub. (9) and is designed and maintained to keep the whey or whey product at a temperature of 65° F. (18.3° C.) or below during processing. If the whey or whey product temperature exceeds 65° F. (18.3° C.) for more than 15 minutes during processing, or exceeds 70° F. (21.1° C.) at any time during processing, the whey or whey product shall be immediately diverted from moving beyond the membrane processing system by means of automatic controls. The diverted product shall be treated in one of the following ways:

ATCP 65.54(6)(c)1. 1. Recycled through the membrane processing system and subjected to cooling. The diverted product may proceed beyond the membrane processing system when the product temperature falls to 65° F. (18.3° C.) or below.

ATCP 65.54(6)(c)2. 2. Cooled in a system other than the membrane processing system until the temperature falls to 45° F. (7° C.) or below, and may then be reintroduced into the membrane processing system.

ATCP 65.54(6)(c)3. 3. Pasteurized in a pasteurization system, and may then be reintroduced into the membrane processing system.

ATCP 65.54(6)(c)4. 4. Discarded.

ATCP 65.54(7) (7) Subsection (5) does not apply to grade A whey or whey product that is pasteurized in a membrane processing system that complies with sub. (9) if at least one of the following apply:

ATCP 65.54(7)(a) (a) The whey is acid whey, which has a pH less than 4.7 when drawn from the curd.

ATCP 65.54(7)(b) (b) The membrane processing system is designed and maintained to keep the whey or whey product at a temperature of 45° F. (7° C.) or below during processing.

ATCP 65.54(8) (8) Subsection (5) does not apply to unpasteurized milk that is processed, before pasteurization, in a membrane processing system that complies with sub. (9) and is designed and maintained to keep the milk at a temperature of 65° F. (18.3° C.) or below during processing. If the milk temperature exceeds 65° F. (18.3 ° C.) for more than 15 minutes during processing, or exceeds 70° F. (21.1° C.) at any time during processing, the milk shall be immediately diverted from moving beyond the membrane processing system by means of automatic controls. The diverted milk shall be treated in any of the following ways:

ATCP 65.54(8)(a) (a) Recycled through the membrane processing system and subjected to cooling. The diverted product may proceed beyond the membrane processing system when the product temperature falls to 65° F. (18.3° C.) or below.

ATCP 65.54(8)(b) (b) Cooled in a system other than the membrane processing system until the temperature falls to 45° F. (7° C.) or below, and may then be reintroduced into the membrane processing system.

ATCP 65.54(8)(c) (c) Pasteurized in a pasteurization system, and may then be reintroduced into the membrane processing system.

ATCP 65.54(8)(d) (d) Discarded.

ATCP 65.54(9) (9) A membrane processing system under sub. (6) (c), (7), or (8) shall be equipped with temperature monitoring and recording devices that comply with Appendix H, Subsection IV of the PMO. At a minimum, the system shall monitor and record product temperature at all of the following points during processing:

ATCP 65.54(9)(a) (a) The point at which the dairy product enters the system.

ATCP 65.54(9)(b) (b) A point immediately preceding each intermediate cooling.

ATCP 65.54(9)(c) (c) A point immediately preceding final cooling.

ATCP 65.54(9)(d) (d) The point at which the product exits the system.

ATCP 65.54 Note Note: PMO Appendix H, Subsection IV is on file with the division and the legislative reference bureau. Copies may be obtained from the division at cost or online at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk.

ATCP 65.54 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.56 ATCP 65.56 Labeling pasteurized and unpasteurized products.

ATCP 65.56(1) (1) If a dairy product is pasteurized or made exclusively from pasteurized ingredients, the label on every shipping container of that dairy product shall clearly and conspicuously state that the product is “pasteurized” or “UHT pasteurized,” as appropriate. Every label under this subsection shall also include the name and address, or the unique identification number, of the dairy plant where the dairy product was pasteurized.

ATCP 65.56(2) (2) Except as provided under sub. (3) or (4), if a dairy product is not pasteurized or made exclusively from pasteurized ingredients, the label on every shipping container and consumer package of that dairy product shall state that the product is unpasteurized.

ATCP 65.56(3) (3) Subsection (2) does not apply to cheese that meets all of the following requirements:

ATCP 65.56(3)(a) (a) The standard of identity for the cheese provides that the cheese may be made from unpasteurized dairy products.

ATCP 65.56(3)(b) (b) The cheese is held for at least 61 days at a temperature not less than 35° F. before being distributed for retail sale, or for further processing without pasteurization.