Chapter ATCP 77

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.

ATCP 77.24(2) (2) Form of evaluation. In a proficiency evaluation under sub. (1), an analyst shall examine samples prepared by an approved evaluator under sub. (3). The contents of the samples shall be known only to the evaluator. The evaluator shall rate the analyst’s proficiency by comparing the analyst’s results to the known contents of the samples, and shall report those results and ratings to the department. The reported results and ratings are rebuttably presumed to be valid for purposes of s. ATCP 77.22 and this section.

ATCP 77.24(3) (3) Approved evaluator. The department, or another evaluator approved by the department in writing, shall serve as a proficiency evaluator under sub. (2).

ATCP 77.24 Note Note: The department will approve an evaluator under sub. (3) if FDA approves that evaluator for the same purpose.

ATCP 77.24(4) (4) Evaluation procedure; general. A proficiency evaluation under sub. (1) shall be conducted according to a standard evaluation procedure which the department approves in writing. An analyst is not required to complete a proficiency evaluation for any test unless the department has approved a standard evaluation procedure for that test. A standard evaluation procedure shall comply with applicable requirements under sub. (5), and shall include standards for all of the following:

ATCP 77.24(4)(a) (a) The evaluator’s preparation of proficiency evaluation samples.

ATCP 77.24(4)(b) (b) The analyst’s examination of proficiency evaluation samples.

ATCP 77.24(4)(c) (c) Deadlines for examining proficiency evaluation samples and reporting test results.

ATCP 77.24(4)(d) (d) The evaluator’s review and rating of the analyst’s proficiency.

ATCP 77.24(5) (5) Milk tests; evaluation standards.

ATCP 77.24(5)(a) (a) Proficiency evaluations for the following tests under s. ATCP 77.02 (1) shall test include at least the following number of samples:

ATCP 77.24(5)(a)1. 1. At least six but not more than 20 samples for standard plate count, petrifilm aerobic count, plate loop count, petrifilm rapid aerobic count, peel plate aerobic count, or phosphatase tests.

ATCP 77.24(5)(a)2. 2. At least eight but not more than 20 samples for direct microscopic somatic cell counts, electronic somatic cell counts, drug residue tests, or coliform tests.

ATCP 77.24(5)(b) (b) To pass a proficiency evaluation under par. (a) which involves 6 to 10 samples, an analyst shall obtain no more than one unacceptable sample result. To pass a proficiency evaluation under par. (a) which involves 11 to 20 samples, an analyst shall obtain no more than 2 unacceptable sample results.

ATCP 77.24(5)(c) (c) In a proficiency evaluation for any of the following tests, a sample result is unacceptable if it falls outside the statistical limits established in FDA’s “Evaluation of Milk Laboratories,” 2017 edition:

ATCP 77.24(5)(c)1. 1. Standard plate count.

ATCP 77.24(5)(c)2. 2. Petrifilm aerobic count.

ATCP 77.24(5)(c)3. 3. Plate loop count.

ATCP 77.24(5)(c)4m. 4m. Petrifilm Rapid Aerobic Count.

ATCP 77.24(5)(c)5m. 5m. Peel Plate Aerobic Count.

ATCP 77.24(5)(c)6. 6. Direct microscopic somatic cell count.

ATCP 77.24(5)(c)7. 7. Electronic somatic cell count.

ATCP 77.24(5)(d) (d) In a proficiency evaluation for a test, such as a drug residue or phosphatase test, in which sample test results are reportable as positive or negative, a sample result is unacceptable if the analyst fails to report the correct positive or negative result.

ATCP 77.24(5)(e) (e) In a proficiency evaluation for a coliform test, a sample result is unacceptable if the analyst fails to report the correct result.

ATCP 77.24 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2) and (5) (e), Register January 2008 No. 625, eff. 2-1-08; CR 19-076: am. (5) (a) 1., (c) (intro.), renum. (5) (c) 4., 5., to (5) (c) 6., 7., cr. (5) (c) 4m., 5m. Register May 2020 No. 773, eff. 6-1-20.

subch. III of ch. ATCP 77 Subchapter III — Water Laboratories

ATCP 77.30 ATCP 77.30 Water laboratories; procedures.

ATCP 77.30(1) (1) Test methods. An operator who performs any test listed under s. ATCP 77.02 (3) shall perform that test according to methods specified in applicable reference materials under sub. (2), or according to methods which the department approves in writing.

ATCP 77.30(2) (2) Reference materials. An operator who performs any test listed under s. ATCP 77.02 (3) shall keep all of the following reference materials at the certified laboratory:

ATCP 77.30(2)(a) (a) The manufacturer’s complete operating and maintenance instructions for equipment used to perform that test.

ATCP 77.30(2)(b) (b) The U.S. environmental protection agency “Manual for the Certification of Laboratories Analyzing Drinking Water,” 5th edition.

ATCP 77.30(2)(c) (c) “Standard Methods for the Examination of Water and Wastewater,” 18th, 19th, 20th, 21st, or 23rd edition, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation.

ATCP 77.30 Note Note: Copies of “Standard Methods for the Examination of Water and Waste Water” 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 77.30(3) (3) Culture media. Culture media for any test listed under s. ATCP 77.02 (3) 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 77.30 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2) (b) and (c), Register January 2008 No. 625, eff. 2-1-08.

ATCP 77.32 ATCP 77.32 Water laboratory analysts.

ATCP 77.32(1) (1) Operator to document competency. In every initial or renewal application for water laboratory certification, a laboratory operator shall document that the analysts who perform each test under s. ATCP 77.02 (3) for which the laboratory seeks certification are properly trained to perform that test, and can accurately test positive and negative blind samples. Analysts are not required to be certified by the department.

ATCP 77.32(2) (2) Department to audit competency. Whenever the department performs a mandatory inspection of a water laboratory under s. ATCP 77.14 (1), the department shall observe and evaluate the competency of at least one analyst who performs tests under s. ATCP 77.02 (3) for which the department is certifying the water laboratory. The department shall use the United States environmental protection agency “Manual for the Certification of Laboratories Analyzing Drinking Water,” 5th edition, to evaluate the analyst’s competency.

ATCP 77.32 Note Note: Copies of the “Manual for the Certification of Laboratories Analyzing Drinking Water” are on file with the department and the legislative reference bureau and may be obtained from the U.S. Environmental Protection Agency at https://www.epa.gov/dwlabcert/laboratory-certification-manual-drinking-water.

ATCP 77.32 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2), Register January 2008 No. 625, eff. 2-1-08.

ATCP 77.34 ATCP 77.34 Water laboratories; proficiency evaluation.

ATCP 77.34(1) (1) Evaluation required. Except as provided in sub. (4), the department may not issue or renew an operator’s certification to perform any test listed under s. ATCP 77.02 (3) unless, within the year immediately preceding that certification or renewal, the laboratory passes a proficiency evaluation for that test.

ATCP 77.34(2) (2) Form of evaluation. In a laboratory proficiency evaluation under sub. (1), an operator shall assign an analyst to examine samples prepared by an approved evaluator under sub. (3). The contents of the samples shall be known only to the evaluator. The analyst who examines the samples shall be an analyst who normally performs that test at the certified laboratory. The evaluator shall rate the operator’s proficiency by comparing the analyst’s results to the known contents of the samples, and shall report those results and ratings to the department. The reported results and ratings are rebuttably presumed to be valid for purposes of this section.

ATCP 77.34(3) (3) Approved evaluator. The state of Wisconsin laboratory of hygiene, or another evaluator approved by the department in writing, shall be the evaluator in a proficiency evaluation under sub. (1).

ATCP 77.34(4) (4) Evaluation procedure; general. A proficiency evaluation under sub. (1) shall be conducted according to a standard evaluation procedure which the department approves in writing. An operator is not required to complete a proficiency evaluation for any test unless the department has approved a standard evaluation procedure for that test. A standard evaluation procedure shall include standards for all the following:

ATCP 77.34(4)(a) (a) The evaluator’s preparation of proficiency evaluation samples.

ATCP 77.34(4)(b) (b) The operator’s examination of proficiency evaluation samples.

ATCP 77.34(4)(c) (c) Deadlines for examining proficiency evaluation samples and reporting test results.

ATCP 77.34(4)(d) (d) The evaluator’s review and rating of the operator’s proficiency.

ATCP 77.34(5) (5) Drinking water tests; evaluation procedures. Beginning on July 1, 1999, standard evaluation procedures for tests under s. ATCP 77.02 (3) shall include the following requirements:

ATCP 77.34(5)(a) (a) An operator who is evaluated for proficiency in testing for total coliform and fecal coliform or E. coli shall examine at least 10 samples of at least 100 ml. each annually. The evaluator shall provide full volume samples, or the concentrate and diluents needed to reconstitute the concentrates to full volume. Each sample set shall include all of the following:

ATCP 77.34(5)(a)1. 1. One to 4 samples of an aerogenic strain of Escherichia coli which, if properly tested according to methods under s. ATCP 77.30 (1), will test positive for total coliform and E. coli.

ATCP 77.34(5)(a)2. 2. One to 4 samples of Enterobacter sp. or other microorganisms which, if properly tested according to methods under s. ATCP 77.30 (1), will test positive for total coliform and negative for E. coli.

ATCP 77.34(5)(a)3. 3. One to 4 samples of Pseudomonas sp. or other microorganisms which, if properly tested according to methods under s. ATCP 77.30 (1), will test negative for total coliform and E.coli.

ATCP 77.34(5)(a)4. 4. One to 4 blank samples.

ATCP 77.34(5)(b) (b) An operator testing proficiency evaluation samples under par. (a) shall report the test results to the evaluator. The evaluator shall report the test results to the department within 40 calendar days after the evaluator mails or delivers the samples under par. (a) to the operator. For each sample tested, the evaluator shall report the operator’s test result for total coliform and E. coli, and shall indicate whether that test result is correct or incorrect.

ATCP 77.34(5)(c) (c) To pass a proficiency evaluation under par. (a), an operator shall report the correct result on 90% of the samples tested, with no false negatives.

ATCP 77.34(6) (6) Full certification. The department may fully certify an operator to perform a test if, in a proficiency evaluation under this section, the operator meets applicable performance standards under subs. (4) and (5).

ATCP 77.34(7) (7) Provisional certification; suspension.

ATCP 77.34(7)(a) (a) If, in any proficiency evaluation under this section, an operator fails to meet applicable performance standards under subs. (4) and (5), the department shall issue a notice stating that the operator’s certification to perform that test is provisional.

ATCP 77.34(7)(b) (b) A provisionally certified operator may regain full certification by meeting applicable standards under subs. (4) and (5) on the next 2 consecutive proficiency evaluations.

ATCP 77.34(7)(c) (c) If a provisionally certified operator fails to meet applicable performance standards under subs. (4) and (5) on either of the next 2 proficiency evaluations, the department shall summarily suspend the operator’s certification to perform that test. The department may fully restore the operator’s certification if the operator does both of the following:

ATCP 77.34(7)(c)1. 1. Documents the steps which the operator has taken to correct the performance deficiency.

ATCP 77.34(7)(c)2. 2. Meets applicable performance standards under subs. (4) and (5) on a new proficiency evaluation.

ATCP 77.34 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 07-006: am. (2), Register January 2008 No. 625, eff. 2-1-08; CR 19-076: am. (5) (a) 1. to 3., (b), Register May 2020 No. 773, eff. 6-1-20; correction in (5) (a) 1. made under s. 35.17, Stats., Register May 2020.