Chapter ATCP 77

ATCP 77.20(2)(b) (b) Milk tests. An operator who performs any test listed under s. ATCP 77.02 (1) shall keep the following reference materials at the certified laboratory:

ATCP 77.20(2)(b)1. 1. The FDA 2400 series laboratory evaluation forms for that test.

ATCP 77.20(2)(b)2. 2. The “Standard Methods for the Examination of Dairy Products,” 17th edition, published by the American Public Health Association.

ATCP 77.20(2)(c) (c) Food tests. An operator who performs any test listed under s. ATCP 77.02 (2) shall keep or have online access to all of the following reference materials at the certified laboratory:

ATCP 77.20(2)(c)1. 1. The authoritative reference manual, if any, that applies to each type of food testing for which the laboratory is certified.

ATCP 77.20(2)(c)2. 2. The “Compendium of Methods for the Microbiological Examination of Foods,” 4th edition, published by the American Public Health Association.

ATCP 77.20(2)(c)3. 3. The FDA “Bacteriological Analytical Manual,” current on-line edition, if the operator performs a microbiological test on food.

ATCP 77.20 Note Note: Copies of “Standard Methods for the Examination of Dairy Products” and “Compendium of Methods for the Microbiological Examination of Foods” are on file with the department and the legislative reference bureau and may be obtained from the “APHA Bookstore” at http://secure.apha.org/iMIS/APHA/Store .

ATCP 77.20 Note Copies of the “Bacteriological Analytical Manual” are on file with the department and the legislative reference bureau and may be viewed online at http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm.

ATCP 77.20(3) (3) Culture media. Culture media used for any test listed under s. ATCP 77.02 (1) or (2) shall be effectively sterilized before they are used. Culture media shall be autoclaved for the total cycle time and sterilization time specified by the media manufacturer or by the applicable test method under this section.

ATCP 77.20 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2) (b) 2. and (c) 2. and 3., Register January 2008 No. 625, eff. 2-1-08; CR 19-076: am. (2) (c) (intro.), (3) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.22 ATCP 77.22 Milk and food laboratories; certified analysts.

ATCP 77.22(1) (1) Certification required.

ATCP 77.22(1)(a) (a) Except as provided in par. (b), no analyst may perform a test listed under s. ATCP 77.02 (1) or (2) unless the department certifies that analyst under this section to perform that test.

ATCP 77.22(1)(b) (b) Paragraph (a) does not apply to an individual who is solely engaged in performing a drug residue screening test, provided that the department has approved that individual under s. ATCP 77.23 (2) to perform that test.

ATCP 77.22(1)(c) (c) The department shall certify the analysts employed at a laboratory when it conducts a mandatory inspection of that laboratory under s. ATCP 77.14 (1). The department may certify new analysts, or certify analysts to perform other tests, at other times.

ATCP 77.22(2) (2) Term of certification. An analyst’s certification to perform a test remains in effect until one of the following occurs:

ATCP 77.22(2)(a) (a) The laboratory administrator or designated agent requests the analyst’s certification to be withdrawn.

ATCP 77.22(2)(b) (b) The certified laboratory does not pay the annual license fee for the analyst.

ATCP 77.22(2)(c) (c) The department suspends or revokes the analyst’s certification.

ATCP 77.22(3) (3) Competency evaluation.

ATCP 77.22(3)(a) (a) Before the department certifies an analyst to perform any test listed under s. ATCP 77.02 (1) or (2), the department shall observe and evaluate that analyst’s competency to perform that test.

ATCP 77.22(3)(b) (b) Whenever the department performs a mandatory inspection of a laboratory under s. ATCP 77.14 (1), the department shall perform a competency evaluation under par. (a) of every analyst who performs a test listed under s. ATCP 77.02 (1) or (2).

ATCP 77.22(3)(c) (c) The department shall use an appropriate FDA 2400 series form or if no FDA 2400 series form applies, another standard form to evaluate an analyst’s competency under par. (a). If an analyst performs plate loop counts, electronic bacteria counts, or electronic somatic cell counts, the department shall check the analyst’s accuracy based on any statistical comparisons required by those tests.

ATCP 77.22(4) (4) Annual proficiency evaluation. An analyst who performs a test listed under s. ATCP 77.02 (1) or (2) shall complete an annual proficiency evaluation for that test if an annual proficiency evaluation is required under s. ATCP 77.24.

ATCP 77.22(5) (5) Conditional certification. If the department determines under sub. (3) that an analyst is competent to perform a test, but the analyst has not yet completed a proficiency evaluation under s. ATCP 77.24 for that test, the department shall conditionally certify the analyst. If a conditionally certified analyst fails a proficiency evaluation under s. ATCP 77.24, the department shall summarily suspend the analyst’s certification to perform that test.

ATCP 77.22(6) (6) Full certification. If the department determines under sub. (3) that an analyst is competent to perform a test, and the analyst also passes a proficiency evaluation under s. ATCP 77.24 for that test, the department shall fully certify that analyst to perform that test.

ATCP 77.22(7) (7) Provisional certification and restoration of full certification.

ATCP 77.22(7)(am) (am) An analyst shall be placed in provisional certification if one of the following occurs:

ATCP 77.22(7)(am)1. 1. If a fully certified analyst fails a proficiency evaluation under s. ATCP 77.24 for any test, the department shall issue a notice stating that the analyst is provisionally certified to perform that test.

ATCP 77.22(7)(am)2. 2. If the department conducts a biennial inspection of a laboratory under s. ATCP 77.14 (1) and a fully certified analyst is not present to demonstrate competence to perform the test(s) they are certified for, the department shall issue a laboratory report stating that the analyst is provisionally certified to perform that test.

ATCP 77.22(7)(c) (c) If an analyst is provisionally certified because of failing a proficiency evaluation under s. ATCP 77.24 and that analyst passes a proficiency evaluation under s. ATCP 77.24 on a new set of proficiency samples, the department shall restore the analyst to full certification.

ATCP 77.22(7)(d) (d) If an analyst is provisionally certified because they were not present to demonstrate their competence to perform the tests they are certified for during the biennial inspection of the laboratory, they shall remain in provisional certification status until they again demonstrate their competence during an inspection of the laboratory.

ATCP 77.22(7)(e) (e) If a provisionally certified analyst fails a proficiency evaluation on a new set of proficiency samples, or is not present to demonstrate their competence during a biennial inspection of the laboratory, the department shall summarily suspend the analyst’s certification to perform that test.

ATCP 77.22(8) (8) Restoring certification. The department may restore the certification of any analyst whose certification is summarily suspended under sub. (5) or (7) if the analyst completes a training program approved by the department and passes a proficiency evaluation under s. ATCP 77.24 on a new set of proficiency samples. The department shall restore the analyst to full certification, even if the analyst was conditionally certified when certification was suspended.

ATCP 77.22(9) (9) List of certified analysts. The department shall maintain, for each certified laboratory, a list of analysts currently certified to perform tests listed under s. ATCP 77.02 (1) and (2). The list shall identify the tests which each analyst is certified to perform.

ATCP 77.22(10) (10) Notice of changes.

ATCP 77.22(10)(a) (a) An operator shall notify the department within 30 days after any of the following occurs:

ATCP 77.22(10)(a)1. 1. An analyst certified under this section is no longer employed by the laboratory.

ATCP 77.22(10)(a)2. 2. There is a change in the name of any analyst certified under this section.

ATCP 77.22(10)(b) (b) An operator shall notify the department of a staffing change within 7 days after that change occurs if, as a result of that change, the operator no longer meets applicable certification requirements under s. ATCP 77.08 (3).

ATCP 77.22 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; r. (2) (b) and renum. (2) (c) to be (2) (b), Register, December, 1999, No. 528, eff. 1-1-00; emerg. r. and recr. (1), eff. 11-15-01; CR 01-124: r. and recr. (1) Register December 2002 No. 564, eff. 1-1-03; CR 19-076: r. and recr. (2), am. (3) (c), r. and recr. (7) Register May 2020 No. 773, eff. 6-1-20; renum. (intro.), (a), (b) to (am), 1., 2. under s. 13.92 (4) (b) 1., Stats., Register May 2020 No. 773

ATCP 77.23 ATCP 77.23 Drug residues in milk; screening tests.

ATCP 77.23(1) (1) Laboratory approved.

ATCP 77.23(1)(a) (a) The department may approve a laboratory to perform a drug residue test as a screening test, even though the laboratory is not certified under s. ATCP 77.03 to perform the test as a confirmatory test. An approval expires on December 31 of each year. An approved laboratory shall comply with s. ATCP 65.76 (2) (b).

ATCP 77.23(1)(b) (b) The department may not approve a laboratory under par. (a) unless all of the following apply:

ATCP 77.23(1)(b)1. 1. The department has approved at least one individual under sub. (2) to perform the drug residue screening test at the approved laboratory.

ATCP 77.23(1)(b)2. 2. The laboratory has written agreements with one or more certified laboratories to provide the confirmatory testing required under s. ATCP 65.76 (2) (b) 3.

ATCP 77.23(1)(c) (c) The department shall inspect a laboratory under par. (a) before approving the laboratory to perform a visual read drug residue screening test, and before approving any individual under sub. (2) to perform a visual read drug residue screening test at that laboratory.

ATCP 77.23(2) (2) Analysts approved.

ATCP 77.23(2)(a) (a) No individual may perform a drug residue screening test unless the department approves that individual to perform that test at a laboratory approved under sub. (1).

ATCP 77.23(2)(b) (b) Before the department approves an individual under par. (a) to perform a visual read test, the department shall perform an on-site competency evaluation under sub. (4).

ATCP 77.23(2)(c) (c) The department’s approval under par. (a) expires on December 31 of each year unless, by that date, the laboratory operator attests to the department that the individual has successfully completed an annual proficiency evaluation under sub. (5).

ATCP 77.23(2)(d) (d) The department may suspend or revoke an approval under par. (a) for cause.

ATCP 77.23(3) (3) Approval fees. A laboratory operator shall pay the following fees to acquire and maintain a laboratory approval under sub. (1):

ATCP 77.23(3)(a) (a) An initial fee of $732, except as provided in par. (b) or (c).

ATCP 77.23(3)(b) (b) An initial fee of $180 if the laboratory tests milk for only one dairy plant operator and all the following apply:

ATCP 77.23(3)(b)1. 1. The dairy plant operator receives only grade B milk.

ATCP 77.23(3)(b)2. 2. The dairy plant operator receives milk from not more than 5 producers.

ATCP 77.23(3)(b)3. 3. The dairy plant operator receives not more than 10,000 lbs. of raw milk per week.

ATCP 77.23(3)(c) (c) An initial fee of $72 if the laboratory does not apply for approval to perform any visual read test.

ATCP 77.23(3)(d) (d) A fee of $36 for each individual, in excess of 3 individuals, that the department evaluates under sub. (4) at the time of the initial laboratory inspection under sub. (1) (c).

ATCP 77.23(3)(e) (e) An annual renewal fee of $72 for each annual renewal of the laboratory approval, except that the renewal fee is $36 if the laboratory qualifies under par. (b).

ATCP 77.23(3)(f) (f) A fee of $180 for each laboratory visit, other than the initial inspection under sub. (1) (c), that the department makes for the purpose of evaluating individuals under sub. (4). This single fee of $180 covers all of the individual evaluations performed during the department’s visit, regardless of the number of individuals evaluated.

ATCP 77.23(4) (4) Competency evaluation. Before the department approves an individual to perform a visual read test, the department shall observe and evaluate that individual’s competency to perform that test. The department shall use an appropriate FDA 2400 series form to conduct the evaluation.

ATCP 77.23 Note Note: FDA 2400 series forms are on file with the department, the secretary of state and the legislative reference bureau.

ATCP 77.23(5) (5) Annual proficiency evaluation.

ATCP 77.23(5)(a) (a) An individual approved to perform a drug residue screening test shall complete an annual proficiency evaluation. An evaluator approved by the department shall administer the annual proficiency evaluation. The department may approve the laboratory operator to serve as evaluator, except that an independent evaluator shall administer annual proficiency evaluations for analysts performing visual read tests. The evaluator shall report the results of each proficiency evaluation to the department within 7 days after the evaluation is completed.

ATCP 77.23(5)(b) (b) In a proficiency evaluation, the evaluated individual shall examine the number of samples required under either par. (d) or (e). The evaluator may prepare the samples used in proficiency evaluations, except for samples used in a visual read proficiency test. The contents of the samples shall be known only to the evaluator, and not to the evaluated individual. The evaluator shall evaluate the individual’s proficiency by comparing the individual’s results to the known contents of the samples, and shall report those results to the department.

ATCP 77.23(5)(c) (c) A proficiency evaluation under par. (a) shall be conducted according to a standard evaluation procedure that the department approves in writing. A standard evaluation procedure shall comply with this subsection and shall include standards for all the following:

ATCP 77.23(5)(c)1. 1. The evaluator’s preparation of proficiency evaluation samples.

ATCP 77.23(5)(c)2. 2. The analyst’s examination of proficiency evaluation samples.

ATCP 77.23(5)(c)3. 3. Deadlines for examining proficiency evaluation samples and reporting test results.

ATCP 77.23(5)(c)4. 4. The evaluator’s review and rating of the individual’s proficiency.

ATCP 77.23(5)(d) (d) For a drug residue screening test other than a visual read test, a proficiency evaluation under par. (a) shall include 3 samples. To pass the proficiency evaluation, the individual shall interpret all 3 sample results correctly.

ATCP 77.23(5)(e) (e) For a visual read test, a proficiency evaluation under par. (a) shall include at least 6 but not more than 20 samples. To pass a proficiency evaluation involving 6 to 10 samples, an individual shall interpret no more than one sample result incorrectly. To pass a proficiency evaluation involving 11 to 20 samples, an individual shall interpret no more than 2 sample results incorrectly.

ATCP 77.23(6) (6) Failed proficiency evaluation; loss of approval.

ATCP 77.23(6)(a) (a) If an individual approved to perform a drug residue screening test fails his or her first annual proficiency evaluation related to that test, the individual is no longer approved to perform that test.

ATCP 77.23(6)(b) (b) If an individual approved to perform a drug residue screening test passes his or her first annual proficiency evaluation related to that test, but subsequently fails 2 consecutive annual proficiency evaluations, the individual is no longer approved to perform that test.

ATCP 77.23(6)(c) (c) The department may restore an approval lost under par. (a) or (b) if the individual completes a training program approved by the department and passes an on-site competency evaluation under sub. (4). If the individual subsequently fails his or her first annual proficiency evaluation related to the drug residue screening test, the individual may no longer perform that test. The department may again restore the approval if the individual again meets the restoration requirements under this paragraph.

ATCP 77.23(7) (7) List of approved analysts. The department shall maintain, for each laboratory approved under sub. (1), a list of individuals currently approved to perform drug residue screening tests at that laboratory. The list shall identify the drug residue screening tests that each individual is approved to perform.

ATCP 77.23(8) (8) Notice of staffing changes.

ATCP 77.23(8)(a) (a) A laboratory operator shall notify the department within 30 days after any of the following occurs:

ATCP 77.23(8)(a)1. 1. An individual approved under sub. (2) leaves employment with that laboratory.

ATCP 77.23(8)(a)2. 2. There is a change in the name of any individual approved under sub. (2).

ATCP 77.23(8)(b) (b) A laboratory operator shall notify the department within 7 days after a staffing change if, as a result of that change, the laboratory has no individuals approved under sub. (2) to perform a drug residue screening test that the laboratory is authorized to perform.

ATCP 77.23 History History: Emerg. cr. eff. 11-15-01; CR 01-124: cr. Register December 2002 No. 564, eff. 1-1-03; CR 07-006: r. and recr. (1), am. (3) (d) and (f), Register January 2008 No. 625, eff. 2-1-08; CR 07-037: am. (3) (a) and (c) to (e) Register April 2008 No. 628, eff. 5-1-08; CR 14-073: am. (1) (a), (b) 2. Register August 2016 No. 728, eff. 9-1-16; CR 19-076: am. (3) (a), (b) (intro.), (c) to (f) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.24 ATCP 77.24 Milk and food analysts; proficiency evaluation.

ATCP 77.24(1) (1) Annual proficiency evaluation required. Except as provided in sub. (4), the department may not renew an analyst’s certification to perform any test listed under s. ATCP 77.02 (1) or (2) unless, within the year immediately preceding that renewal, the analyst passes a proficiency evaluation for that test. The proficiency evaluation shall comply with this section.