Chapter ATCP 65

ATCP 65.86(3)(d)3.a. a. An hourly reference check shall be conducted for each milk component before each hour’s testing for that component. To conduct an hourly reference check, a tester shall test the same reference sample used for the daily reference check under subd. 2.

ATCP 65.86(3)(d)3.b. b. For each relevant milk component the hourly reference check result shall be compared to the average result obtained on the daily reference check under subd. 2. If an hourly reference check result differs from the average result on the daily reference check by more than 0.034% for milkfat or protein or 0.064% for total solids or solids-not-fat, the testing device shall not be used until the condition causing the difference is found and corrected. Test results obtained before the device is corrected, and after the last previous conforming reference check, shall not be used in determining the amount paid to milk producers.

ATCP 65.86(3)(e) (e) Calibration and daily performance check samples; milkfat contents.

ATCP 65.86(3)(e)1. 1. The provider of a calibration sample under par. (b) or a daily performance check sample under par. (c) shall determine the known percentage content of milkfat in that sample by averaging the results of 3 milkfat tests using a method specified under subd. 4. The percentage milkfat results from those 3 milkfat tests shall not vary by more than 0.034 percentage points.

ATCP 65.86(3)(e)2. 2. The known milkfat content of a calibration sample, expressed as a percentage of the sample weight, shall be at least 2.5%. Within a set of calibration samples, the difference in known milkfat content between the lowest milkfat sample and the highest milkfat sample, expressed as a percentage of average sample weight, shall be at least 2.5%.

ATCP 65.86(3)(e)3. 3. The known milkfat content of a daily performance check sample, expressed as a percentage of the sample weight, shall be at least 2.8%. Within a set of daily performance check samples, the difference in known milkfat content between the lowest milkfat sample and the highest milkfat sample, expressed as a percentage of average sample weight, shall be at least 1.5%.

ATCP 65.86(3)(e)4. 4. To determine the milkfat content of a calibration sample or daily performance check sample, the sample provider shall use either a manual or robotic version of the Modified Mojonnier method as described in the ”Official Methods of Analysis of AOAC International,” 18th edition (2005), section 989.05.

ATCP 65.86 Note Note: The “Official Methods of Analysis of AOAC International,” 18th edition (2005), is on file with the division and the legislative reference bureau, and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, website https://www.aoac.org .

ATCP 65.86(3)(f) (f) Calibration and daily performance check samples; protein contents.

ATCP 65.86(3)(f)1. 1. The provider of a calibration sample under par. (b) or a daily performance check sample under par. (c) shall determine the known percentage content of protein in that sample by averaging the results of 3 protein tests using the method specified under subd. 3. The percentage protein results from those 3 tests shall not vary by more than 0.034 percentage points.

ATCP 65.86(3)(f)2. 2. The known protein content of a calibration or daily performance check sample, expressed as a percentage of sample weight, shall be at least 2.7%. Within a set of calibration samples, the difference in known protein content between the lowest protein sample and the highest protein sample, expressed as a percentage of average sample weight, shall be at least 0.7%. Within a set of daily performance check samples, the difference in known protein content between the lowest protein sample and the highest protein sample, expressed as a percentage of average sample weight, shall be at least 0.5%.

ATCP 65.86(3)(f)3. 3. To determine the protein content of a calibration sample or daily performance check sample, the sample provider shall use the traditional or block digester/steam distillation Kjeldahl method as described in the “Official Methods of Analysis of AOAC International,” 18th edition (2005), section 991.20.

ATCP 65.86 Note Note: The “Official Methods of Analysis of AOAC International,” 18th edition (2005), is on file with the division and the legislative reference bureau, and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, website https://www.aoac.org .

ATCP 65.86(3)(g) (g) Calibration and daily performance check samples; total solids.

ATCP 65.86(3)(g)1. 1. The provider of a calibration sample under par. (b) or a daily performance check sample under par. (c) shall determine the known percentage content of total solids in that sample by averaging the results of 3 total solids tests using the method specified under subd. 3. The percentage total solids results from those 3 tests shall not vary by more than 0.054 percentage points.

ATCP 65.86(3)(g)2. 2. The known total solids content of a calibration or daily performance check sample, expressed as a percentage of sample weight, shall be at least 11%. Within a set of calibration samples, the difference in known total solids content between the lowest total solids sample and the highest total solids sample, expressed as a percentage of average sample weight, shall be at least 2.00%. Within a set of daily performance check samples, the difference in known total solids content between the lowest total solids sample and the highest total solids sample, expressed as a percentage of average sample weight, shall be at least 1.5%.

ATCP 65.86(3)(g)3. 3. To determine the total solids content of a calibration sample or daily performance check sample, the sample provider shall use the direct forced air oven drying method as described in the “Official Methods of Analysis of AOAC International,” 18th edition (2005), section 990.20.

ATCP 65.86 Note Note: The “Official Methods of Analysis of AOAC International,” 18th edition (2005), is on file with the division and the legislative reference bureau, and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, website https://www.aoac.org .

ATCP 65.86(3)(h) (h) Calibration and daily performance check samples; solids-not-fat. The provider of a calibration sample under par. b or a daily performance check sample under par. (c) shall calculate the known percentage content of solids-not-fat in that sample by subtracting the percent milkfat as determined under par. (e) from the total solids for that sample as determined under par. (g). The calculation method shall be that described in the “Official Methods of Analysis of AOAC International,” 18th edition (2005), section 990.21.

ATCP 65.86 Note Note: The “Official Methods of Analysis of AOAC International,” 18th edition (2005), is on file with the division and the legislative reference bureau, and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, website http://www.aoac.org .

ATCP 65.86(3)(i) (i) Automated testing devices; constant voltage. A constant voltage regulator shall be connected to, or form a part of, every milk component testing device that is in line with a single phase 115 or 220-volt power supply.

ATCP 65.86(3)(j) (j) Records related to calibrations, daily performance checks, and reference checks.

ATCP 65.86(3)(j)1. 1. A dairy plant operator shall keep a record of every calibration, performance check, or reference check conducted on a milk component testing device under this section.

ATCP 65.86(3)(j)2. 2. Every record required under subd. 1 shall be signed by the licensed tester who made the record. Calibration records shall be kept separate from performance check and reference check records.

ATCP 65.86(3)(k) (k) Accuracy of devices; division audit. The division may audit the accuracy of milk component testing devices using test samples prepared by the division under pars. (e) to (h).

ATCP 65.86 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (c) 3. made under s. 35.17, Stats., Register August 2016 No. 728.

subch. VI of ch. ATCP 65 Subchapter VI — Inspection and Enforcement

ATCP 65.910 ATCP 65.910 Inspection of dairy farms; general.

ATCP 65.910(1) (1) Inspection by dairy plant operator. Before 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, submits a milk producer license application or a grade A permit application under s. ATCP 65.02 on behalf of a milk producer, the dairy plant operator shall inspect the dairy farm for compliance with the dairy farm standards under subch. II. The dairy plant operator, when submitting the producer’s license or permit application, shall include a copy of the dairy plant operator’s inspection report and shall certify that the dairy farm facilities comply with dairy farm standards under subch. II. The department may, at other times, require a dairy plant operator to inspect a dairy farm as necessary.

ATCP 65.910(2) (2) Inspection by the division. The division shall inspect dairy farms for compliance with dairy farm standards under subch. II. The division shall inspect a grade A dairy farm at the frequency given in s. ATCP 65.912 and a grade B dairy farm at least once every year. For the purpose of conducting a lawful inspection under this chapter, the department may exercise its authority under ss. 93.08, 93.15 (2), and 97.12 (1), Stats.

ATCP 65.910(3) (3) Variances. The division administrator, or the division administrator’s designee, may issue a written waiver granting a variance from a dairy farm standard under subch. II if the division determines that the variance is reasonable and necessary under the circumstances, it will not compromise the purpose served by the standard, and the milk producer does not hold a grade A farm permit.

ATCP 65.910 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.912 ATCP 65.912 Performance-based grade A dairy farm inspections.

ATCP 65.912(1) (1) General. The division shall use the performance standards in this section to determine grade A dairy farm inspection frequency. The division shall evaluate each grade A dairy farm every 3 months, on the basis of information including inspection reports, milk quality tests, and department compliance actions taken during the preceding 12 months. As provided in subs. (2) to (5), the division shall place each dairy farm in one of the following categories:

ATCP 65.912(1)(a) (a) Twelve-month inspection interval.

ATCP 65.912(1)(b) (b) Six-month inspection interval.

ATCP 65.912(1)(c) (c) Four-month inspection interval.

ATCP 65.912(1)(d) (d) Three-month inspection interval.

ATCP 65.912(2) (2) Twelve-month inspection interval. The division shall inspect a grade A dairy farm in the twelve-month inspection interval category at least once every 12 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:

ATCP 65.912(2)(a) (a) None of the milk producer’s reported standard plate count (SPC) results exceed 25,000 per ml., except that one reported SPC result may exceed 25,000 per ml. if it is not more than 100,000 per ml.

ATCP 65.912(2)(b) (b) None of the milk producer’s reported somatic cell count (SCC) results exceed 500,000 per ml.

ATCP 65.912(2)(c) (c) None of the milk shipped by the milk producer has been found to contain a drug residue, and the department has not issued any warning to the milk producer under s. ATCP 65.920 (5) (c) or 65.922 (1).

ATCP 65.912(2)(d) (d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard.

ATCP 65.912(2)(e) (e) The department has not suspended the producer’s grade A dairy farm permit or milk producer license.

ATCP 65.912(2)(f) (f) The producer’s latest water supply test does not show any violation of s. ATCP 65.10.

ATCP 65.912(2)(g) (g) The milk producer has not violated any milk temperature or cooling standards under this chapter.

ATCP 65.912(3) (3) Six-month inspection interval. The division shall inspect a grade A dairy farm in the six-month inspection interval category at least once every 6 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:

ATCP 65.912(3)(a) (a) The dairy farm fails to qualify under sub. (2).

ATCP 65.912(3)(b) (b) The department has issued no more than one warning to the milk producer under s. ATCP 65.920 (5) (a) 1. to 3.

ATCP 65.912(3)(c) (c) None of the milk shipped by the milk producer has been found to contain a drug residue, and the department has not issued any warning to the milk producer under ss. ATCP 65.920 (5) (c) or 65.922 (1).

ATCP 65.912(3)(d) (d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard.

ATCP 65.912(3)(e) (e) The department has not suspended the producer’s grade A dairy farm permit or milk producer license.

ATCP 65.912(3)(f) (f) The producer’s latest water supply test does not show any violation of s. ATCP 65.10.

ATCP 65.912(3)(g) (g) The milk producer has not violated any milk temperature or cooling standards under this chapter.

ATCP 65.912(4) (4) Four-month inspection interval.

ATCP 65.912(4)(a) (a) The division shall inspect a grade A dairy farm in the four-month inspection interval category at least once every 4 months. The division shall place a dairy farm in this category if subs. (2), (3), and (5) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:

ATCP 65.912(4)(a)1. 1. At least one load of milk shipped by the milk producer has been found to contain a drug residue.

ATCP 65.912(4)(a)2. 2. At least one violation for improper milk cooling under s. ATCP 65.18 (4), drug use and storage under ss. ATCP 65.20 (5) and 65.22 (8), or cleaning and sanitization of utensils and equipment under s. ATCP 65.12 was noted during the most recent inspection.

ATCP 65.912(4)(b) (b) Once the division places a dairy farm in the four-month inspection interval category, the division may not reassign the dairy farm to any inspection category under sub. (2) or (3) until a date that is at least 12 months after the division’s next 3-month evaluation of the dairy farm under this section.

ATCP 65.912(5) (5) Three-month inspection interval.

ATCP 65.912(5)(a) (a) The division shall inspect a grade A dairy farm in the three-month inspection interval category at least once every 3 months. The division shall place a dairy farm in this category if subs. (2) to (4) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, or department compliance actions, during the preceding 12 months:

ATCP 65.912(5)(a)1. 1. The department issued more than one warning to the milk producer under s. ATCP 65.920 (5).

ATCP 65.912(5)(a)2. 2. The department issued more than one warning to the milk producer under s. ATCP 65.922 (1).

ATCP 65.912(5)(a)3. 3. The division conducted more than one reinspection of the dairy farm.

ATCP 65.912(5)(a)4. 4. The department suspended the milk producer’s license or grade A dairy farm permit.

ATCP 65.912(5)(b) (b) Once the division places a dairy farm in the 3-month inspection interval category under par. (a), the division may not reassign the dairy farm to any inspection category under subs. (2) to (4) until a date that is at least 12 months after the division’s next 3-month evaluation of the dairy farm under this section.

ATCP 65.912 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (c), (3) (b), (c) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.920 ATCP 65.920 Suspension or revocation of grade A producer permit or milk producer license.

ATCP 65.920(1) (1) General. The department may suspend or revoke a milk producer’s license, as provided in s. 93.06 (7), Stats. The suspension or revocation of a milk producer’s license also suspends or revokes a grade A producer permit held by the milk producer. A dairy plant shall not receive milk from a milk producer whose milk producer’s license is suspended or revoked.

ATCP 65.920(2) (2) Order for suspension or revocation. Except when a summary suspension is ordered as provided under sub. (3), the department may not suspend or revoke a milk producer’s license except by order of the secretary or the secretary’s designee, as provided in ch. ATCP 1, after notice and opportunity for hearing under subch. III of ch. 227, Stats. The division may file a written complaint with the department, seeking the suspension or revocation of a milk producer’s license. Pending completion of the suspension or revocation, the secretary or secretary’s designee may issue interim orders as necessary to protect the public health, safety, and welfare.

ATCP 65.920(3) (3) Summary suspension by the division. The division may issue a written notice summarily suspending a milk producer’s license if the division makes a written finding in its suspension notice that the milk producer has refused to permit inspection or sampling authorized by law, or that one or more conditions in pars. (a) to (e) are present, or one or more conditions indicate the sale or shipment of milk from the milk producer’s dairy farm poses an imminent hazard to public health and there is a reasonable likelihood that the hazard will continue if the milk producer’s license is not summarily suspended. A summary suspension notice shall comply with s. ATCP 65.925 and becomes effective when served on the milk producer. A milk producer served a summary suspension may request a hearing on the summary suspension notice, as provided in s. ATCP 65.928.

ATCP 65.920(3)(a) (a) An inspection of the milk producer’s dairy farm reveals gross violations of dairy farm standards under subchapter II, or reveals violations that constitute an acute hazard to public health.

ATCP 65.920(3)(b) (b) A confirmed standard plate count or plate loop count on the milk producer’s milk exceeds 1,000,000 per ml.

ATCP 65.920(3)(c) (c) Milk from the milk producer’s dairy farm is reasonably believed to contain pesticides or toxic substances that may be harmful to humans.

ATCP 65.920(3)(d) (d) An infectious disease, transmissible to humans through milk, is diagnosed by a licensed veterinarian in the milk producer’s herd.

ATCP 65.920(3)(e) (e) The producer has not made an agreement with the division for the disposition of violations, as required in any warning notice issued under s. ATCP 65.922 (4) or (5).

ATCP 65.920(4) (4) Inspection before reinstatement; reinspection fee. If an inspection is required for reinstatement of a grade A producer permit or milk producer license that is suspended or revoked under this section, the department shall charge a reinspection fee under s. ATCP 65.02 (19) for the inspection.

ATCP 65.920(5) (5) Warning notice preceding a suspension of a grade a milk producer permit.

ATCP 65.920(5)(a) (a) The division shall mail, serve in person, or prominently post in the milkhouse a written warning to a milk producer holding a Grade A milk producer permit whenever any of the following occurs:

ATCP 65.920(5)(a)1. 1. Two of the last 4 bacterial counts reported to the division under s. ATCP 65.70 (2) (d) exceed 100,000 per ml., in violation of the standard for grade A milk under s. ATCP 65.70 (2).

ATCP 65.920(5)(a)2. 2. Two of the last 4 somatic cell counts reported to the division under s. ATCP 65.70 (4) (e) exceed 750,000 per ml., for cow or sheep milk, or 1,000,000 per ml. for goat milk, in violation of the standard under s. ATCP 65.70 (4).

ATCP 65.920(5)(a)3. 3. Two of the last 4 milk temperature readings violate standards for grade A milk under s. ATCP 65.70 (5).

ATCP 65.920(5)(a)4. 4. A division representative finds a key violation as defined in s. ATCP 65.01 (33) during an inspection, including one or more repeat violations during 2 consecutive inspections, on a grade A dairy farm.

ATCP 65.920(5)(b) (b) A warning notice, under par. (a) 1. to 3., shall state that the milk producer’s grade A producer permit will be suspended if milk quality testing indicates a subsequent violation of the standard under s. ATCP 65.70 to which the warning notice pertains. A copy of the notice shall be mailed to the dairy plant operator who receives the milk producer’s milk. A warning notice becomes effective 3 business days after it is mailed, and remains in effect as long as the standard cited in the warning notice is violated on 2 of the last 4 reported tests.

ATCP 65.920(5)(c) (c) A warning notice, under par. (a) 4., shall state that the department will suspend the milk producer’s grade A producer permit if the producer does not correct the violation by a deadline date specified in the notice. The division representative shall specify a correction deadline based on the seriousness of the key violation and the time reasonably required to correct the key violation. The correction deadline shall be not less than 3 days nor more than 65 days after the division representative issues the warning notice. The division representative shall mail or deliver a copy of the warning notice to the dairy plant operator or milk contractor who procures milk from the milk producer. The warning notice shall include a notice of the milk producer’s right to hearing under s. ATCP 65.928.

ATCP 65.920(5)(d) (d) Not less than 3 calendar days nor more than 21 calendar days after a warning notice under par. (a) 1. to 3. becomes effective, the dairy plant operator, who receives the milk from the warned milk producer, shall obtain and test a sample of the milk producer’s milk for compliance with the milk quality standard cited under par. (a) 1. to 3. A milk sample collected under s. ATCP 65.38 and tested by a dairy plant operator under subchapter V satisfies this requirement, provided that the sample is obtained and tested within the time period specified under this paragraph, and the dairy plant operator reports the test result to the division within the applicable reporting time specified under subch. V.

ATCP 65.920(6) (6) Suspension of a grade a milk producer permit.

ATCP 65.920(6)(a) (a) The division shall mail a written notice to a milk producer suspending the milk producer’s grade A producer permit, if any of the following occurs while a warning notice under s. ATCP 65.920 (5) remains in effect:

ATCP 65.920(6)(a)1. 1. Three of the last 5 bacterial counts reported to the division under ss. ATCP 65.70 (2) (d) and 65.920 (5) (c) exceed 100,000 per ml.