Chapter ATCP 65

ATCP 65.74(3)(a) (a) Bacterial counts in pasteurized grade B dairy products, other than cultured dairy products or frozen desserts containing nuts or other inclusions, may not exceed the following levels:

ATCP 65.74(3)(a)1. 1. 20,000 per ml., except as provided in subd. 2. or 3.

ATCP 65.74(3)(a)2. 2. 30,000 per ml. for condensed milk, whey, whey products, dried whey, and nonfat dry milk.

ATCP 65.74(3)(a)3. 3. 50,000 per gram for frozen desserts, except that the bacterial count for frozen-dessert mixes may not exceed 20,000 per gram.

ATCP 65.74(3)(b) (b) Coliform counts in pasteurized grade B dairy products, other than grade B dairy products made with natural or added cultures and all natural cheeses, may not exceed 10 per ml. or per gram, except that coliform counts in bulk milk tanker shipments may not exceed 100 per ml.

ATCP 65.74(4) (4) Fortified dairy products. Whenever milk or a fluid milk product is fortified with vitamin A or D the fortification shall comply with Appendix O of the PMO.

ATCP 65.74(5) (5) Pathogen confirmed in ready-to-eat dairy product; sale prohibited. A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test or laboratory analysis has confirmed the presence of a pathogenic organism or toxin. Results of the microbiological test or laboratory test shall be reported to the division, under s. ATCP 65.46 (2).

ATCP 65.74 Note Note: Copies of PMO Appendix O are on file with the department and the legislative reference bureau. Copies may be obtained from the department at cost or online at:www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk.

ATCP 65.74 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.76 ATCP 65.76 Milk quality testing.

ATCP 65.76(1) (1) Required testing.

ATCP 65.76(1)(a) (a) A dairy plant operator shall test raw milk from dairy farms as required under this chapter.

ATCP 65.76(1)(b) (b) A dairy plant operator shall test milk and dairy products held or processed at a dairy plant for compliance with standards specified under s. ATCP 65.74 (1) to (4). The dairy plant operator shall test the milk and dairy products as often as necessary to provide reasonable statistical assurance of compliance.

ATCP 65.76(2) (2) Laboratory.

ATCP 65.76(2)(a) (a) Except as provided under par. (b), milk quality tests required under this chapter shall be performed in a laboratory that is all of the following:

ATCP 65.76(2)(a)1. 1. Approved by the department to conduct milk quality tests.

ATCP 65.76(2)(a)2. 2. Certified by the department under s. ATCP 77.03, or by an equivalent certifying agency in another state, to conduct milk quality tests.

ATCP 65.76(2)(b) (b) A laboratory that is not certified under s. ATCP 77.03 to perform a drug residue test under s. ATCP 65.72 may perform that test as a screening test if all of the following apply:

ATCP 65.76(2)(b)1. 1. The department has approved that laboratory to perform that screening test under s. ATCP 77.23 (1).

ATCP 65.76(2)(b)2. 2. The department has approved the person who performs the screening test under s. ATCP 77.23 (2).

ATCP 65.76(2)(b)3. 3. A different laboratory performs a confirmatory test if the screening test result is positive for drug residue. The laboratory performing the confirmatory test shall be certified to do so under s. ATCP 77.03. The laboratory shall perform the confirmatory test on the same test sample using the same or an equivalent test method and shall complete the confirmatory test within the time period specified in s. ATCP 65.72 (8).

ATCP 65.76(2)(c) (c) The department may withdraw its approval under par. (a) or (b) for cause, including false or inaccurate test results or reports, or failure to conduct tests according to required procedures.

ATCP 65.76(3) (3) Analysts.

ATCP 65.76(3)(a) (a) Except as provided in par. (b) or (c), no individual may perform a milk test under ss. ATCP 65.70 and 65.72 unless the department has certified that individual under s. ATCP 77.22 to perform that test.

ATCP 65.76(3)(b) (b) Pursuant to s. ATCP 77.23 (2), the department may approve an individual to perform a drug residue test under s. ATCP 65.72 as a screening test, even though the individual is not certified under s. ATCP 77.22 to perform that test as a confirmatory test.

ATCP 65.76(3)(c) (c) Bulk load tests for drug residues under s. ATCP 65.72 shall be conducted at the receiving dairy plant by any of the following:

ATCP 65.76(3)(c)1. 1. An individual approved by the department to conduct drug residue tests.

ATCP 65.76(3)(c)2. 2. An individual who performs drug residue tests only under the direct supervision of an individual approved and certified under subd. 1.

ATCP 65.76 Note Note: A laboratory performing milk quality tests must be certified under ch. ATCP 77.

ATCP 65.76(4) (4) Test methods. Milk testing under ss. ATCP 65.70 and 65.72 shall use test methods prescribed in the applicable FDA 2400 series laboratory evaluation forms, published by the United States department of health and human services, public health service, food and drug administration, that are in effect on February 1, 2008. If no FDA form applies, testing shall be conducted according to methods prescribed in the ”Standard Methods for the Examination of Dairy Products,” 17th Edition (2004), or in ”Official Methods of Analysis of AOAC International,” 18th Edition (2005).

ATCP 65.76 Note Note: Copies of the FDA 2400 series laboratory evaluation forms in effect on February 1, 2008, are on file with the department and the legislative reference bureau. To find out how to obtain a copy of these forms, you may contact the department at the following address:

ATCP 65.76 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 65.76 Note Division of Food Safety

ATCP 65.76 Note Laboratory Certification Program

ATCP 65.76 Note P.O. Box 8911, Madison, WI 53708-8911

ATCP 65.76 Note Telephone: [phone]

ATCP 65.76 Note The American Public Health Association’s “Standard Methods for the Examination of Dairy Products,” 17th Edition (2004), is on file with the department and the legislative reference bureau and may be obtained from the American Public Health Association, Inc., 800 I Street, NW, Washington, D.C. 20001, telephone [phone], website www.apha.org.

ATCP 65.76 Note The “Official Methods of Analysis of AOAC International,” 18th Edition (2005), is on file with the department and the legislative reference bureau and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, telephone [phone], website https://www.aoac.org .

ATCP 65.76(5) (5) Bacteria counts. Bacteria counts required under s. ATCP 65.70 and bacteria counts that may affect the amount paid to a milk producer shall be obtained by means of a standard plate count, plate loop count, or petrifilm aerobic count method.

ATCP 65.76(6) (6) Drug residues. Drug residue tests required under s. ATCP 65.72 shall be performed according to s. ATCP 65.72.

ATCP 65.76(7) (7) Somatic cells. Somatic cell counts required under s. ATCP 65.70 (4) and somatic cell counts that may affect the amount paid to a milk producer shall be obtained by means of a direct microscopic somatic cell count or an electronic somatic cell count. The Pyronin Y-Methyl green stain test may be used in place of a direct microscopic somatic cell count or electronic somatic cell count for goat milk and shall be used to confirm a direct microscopic somatic cell count or electronic somatic cell count on goat milk that exceeds 1,000,000 per ml.

ATCP 65.76(8) (8) Testing deadlines. A milk quality test shall be conducted within the time period specified by the test method.

ATCP 65.76 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (a) 2. made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.78 ATCP 65.78 Milk quality test samples.

ATCP 65.78(1) (1) General.

ATCP 65.78(1)(a) (a) Whenever a dairy plant operator performs a milk quality test on a bulk milk shipment from a milk producer, the dairy plant operator shall perform that milk quality test on a test sample collected under s. ATCP 82.12.

ATCP 65.78(1)(b) (b) Whenever a dairy plant operator performs a milk quality test on shipment of milk in cans from a milk producer, the dairy plant operator shall perform that milk quality test on a test sample collected under sub. (3).

ATCP 65.78(1)(c) (c) Notwithstanding pars. (a) and (b), a dairy plant operator may use a composite sample, under sub. (4), to perform a Babcock test for milkfat or to perform another milk quality test approved by the division under sub. (4). A composite sample shall be compiled from fresh milk samples collected under par. (a) or (b).

ATCP 65.78(1)(d) (d) This subsection does not apply to a bulk load test for drug residues under s. ATCP 65.72 (3).

ATCP 65.78(1)(e) (e) Upon reasonable notice from the division, a dairy plant operator shall provide the division with samples of producer milk collected under s. ATCP 65.38. The division may request samples once every 4 months, or more often as the department considers necessary for animal health and milk quality testing. Every sample shall be marked with the identification number of the individual producer from whom the sample was collected, and shall also indicate the date on which the sample was collected. A sample shall be kept at a temperature of 32° to 40° F. (0° F. to 4° C.) until it is transferred to the custody of the department.

ATCP 65.78(2) (2) Test samples refrigerated. At all times prior to testing, a test sample under sub. (1) shall be kept refrigerated at a temperature of 32 to 40° F. (0 to 4° C.). Test samples kept at a dairy plant or testing laboratory shall be kept in a refrigerated storage facility used only for storing test samples and laboratory supplies.

ATCP 65.78(3) (3) Collecting test samples from shipments of milk in cans.

ATCP 65.78(3)(a) (a) If a producer ships milk to a dairy plant in cans, rather than in bulk, the dairy plant operator shall collect a test sample from each milk shipment immediately after that milk shipment is transferred to the weigh tank at the dairy plant, and before it is commingled with any other milk shipment. The weigh tank shall be constructed so that milk poured into the weigh tank is completely mixed.

ATCP 65.78(3)(b) (b) If a weigh tank is not large enough to accommodate a producer’s entire milk shipment, so that multiple weighings are needed, the dairy plant operator shall divide the shipment as evenly as possible between weighings and collect a sample from each weighing. The samples shall be of equal volume and shall be combined to form a single sample representing the entire shipment from the producer. The dairy plant operator may not split the contents of any single can of milk between weighings, but shall include all of the contents of that can in the same weighing.

ATCP 65.78(4) (4) Composite samples.

ATCP 65.78(4)(a) (a) A dairy plant operator may use a composite sample to perform a Babcock test for milkfat, but may not perform any other milk quality test on a composite sample except with the division’s written authorization. A composite sample shall be compiled according to this subsection.

ATCP 65.78(4)(b) (b) A composite sample shall include a representative sample of milk from each of 2 or more milk shipments represented by the composite sample. No composite sample may include milk from more than 16 milk shipments. Each component sample included in the composite sample shall have the same volume and shall include at least 10 ml. of milk. A composite sample shall include at least 150 ml. of milk.

ATCP 65.78(4)(c) (c) A composite sample container shall have a capacity of at least 240 ml. The composite sample container shall include an effective permanent closure that is attached to the container. The composite sample container shall be marked to identify the producer and the milk shipments represented in the composite sample.

ATCP 65.78(4)(d) (d) A composite sample representing a producer’s bulk milk shipments shall be compiled from fresh milk samples collected from those shipments under s. ATCP 82.12. On the same day that a producer’s bulk milk shipment is received by the dairy plant operator, or by 12:00 noon of the following day, the dairy plant operator shall transfer, to the composite sample, at least 10 ml. of milk from the sample collected from that milk shipment under s. ATCP 82.12.

ATCP 65.78(4)(e) (e) A composite sample representing a producer’s shipments of milk in cans shall be compiled from milk samples collected from those shipments according to sub. (3).

ATCP 65.78(4)(f) (f) A dairy plant operator shall preserve a composite sample by adding potassium dichromate, or another preservative approved by the division, to the composite sample. Not less than 100 mg., nor more than 190 mg. of potassium dichromate may be used in each composite sample to obtain a concentration of 20 mg. per 30 ml. of milk in the completed sample.

ATCP 65.78 Note Note: Potassium dichromate is available in tablets containing 40 mg. of active ingredient per tablet. The use of these tablets at the rate of one tablet per 2 fl. oz. of milk in a completed composite sample is equivalent to the concentration specified under par. (f). Labeling requirements and limitations on the disposal of milk samples preserved with potassium dichromate are contained in s. ATCP 30.15 (2) (b).

ATCP 65.78 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.80 ATCP 65.80 Milk quality test records and reports.

ATCP 65.80(1) (1) Test records; general.

ATCP 65.80(1)(a) (a) A person performing a milk quality test shall immediately record the test result and sign the test record. The test record shall specify the date of the test, including the year, the identification number of the milk producer, and the milk shipment from which the milk sample was collected.

ATCP 65.80(1)(b) (b) No test record may be altered except that errors, if any, may be corrected by marking a single line through the original entry and inserting the correct entry immediately adjacent to the original. A corrected entry shall be initialed by the person who made the corrected entry.

ATCP 65.80(1)(c) (c) The division may authorize a dairy plant to keep test records in electronic form if the division finds that all of the following requirements are met:

ATCP 65.80(1)(c)1. 1. The records are effectively secured against loss or tampering.

ATCP 65.80(1)(c)2. 2. The records can be readily retrieved for inspection by the dairy plant operator and the division.

ATCP 65.80(1)(c)3. 3. The person who performs the test identifies himself or herself on the test record, by an electronic method that is equivalent to a personal signature.

ATCP 65.80(1)(c)4. 4. If an erroneous test record is corrected, the correction is identified so that the reader can easily compare the corrected record to the original record.

ATCP 65.80(2) (2) Records retained by dairy plant operator. A dairy plant operator shall retain records required under this section for the time period specified under s. ATCP 65.44 and shall make the records available for inspection and copying by the division upon request.

ATCP 65.80 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.82 ATCP 65.82 False samples, test results or reports. No person may do any of the following or conspire with another person to do any of the following:

ATCP 65.82(1) (1) Falsely identify milk samples.

ATCP 65.82(2) (2) Submit a false milk sample to the department, a dairy plant operator, or a testing laboratory.

ATCP 65.82(3) (3) Falsify any milk quality test or test result.

ATCP 65.82(4) (4) Make any false or misleading record or report related to a milk quality test.

ATCP 65.82(5) (5) Withhold any milk quality test report required under this chapter.

ATCP 65.82 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.84 ATCP 65.84 Milk component testing.

ATCP 65.84(1) (1) Licensing of person performing test. No person may perform any milk component test unless that person is licensed to perform milk component tests, either as a buttermaker or cheesemaker under s. 97.17, Stats., or as a milk and cream tester under s. 98.145, Stats.

ATCP 65.84(2) (2) Qualification of person using automated testing device. No person may use an automated testing device to perform any milk component test unless that person is trained and qualified to use automated testing devices, and that fact is stated on his or her license under s. 97.17 or 98.145, Stats.

ATCP 65.84(3) (3) Payment based on milk component tests. No 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, may adjust the price paid to any milk producer based on the results of any milk component test or somatic cell test unless the dairy plant operator does all of the following:

ATCP 65.84(3)(a) (a) Bases the price adjustment on either the arithmetic or weighted average of all test results obtained for that producer during the pay period to which the price adjustment applies. The dairy plant operator shall use the same method for computing average test results for all producers shipping milk to the dairy plant.

ATCP 65.84(3)(b) (b) Tests at least 3 milk shipments from that producer at regular intervals throughout the pay period to which the price adjustment applies or tests composite samples representing all milk shipments from that milk producer during that pay period.

ATCP 65.84 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.86 ATCP 65.86 Milk component test methods.