Chapter ATCP 81

ATCP 81.01(12)(k) (k) “Old milk” means a cheese flavor indicating a lack of freshness in the milk used in manufacturing the cheese.

ATCP 81.01(12)(L) (L) “Onion” means the flavor which is characteristic of the taste and aroma suggested by its name and is present when cows producing milk used in the manufacture of cheese have eaten onions, garlic or leeks.

ATCP 81.01(12)(m) (m) “Sour” means a pungent acidic flavor resembling vinegar.

ATCP 81.01(12)(n) (n) “Sulfide” means the presence of an objectionable flavor of hydrogen sulfide and is similar to the flavor of water having a high sulfur content.

ATCP 81.01(12)(o) (o) “Utensil” means a flavor suggestive of improper or inadequate washing and sterilization of milking machines, utensils or dairy plant equipment.

ATCP 81.01(12)(p) (p) “Weedy” means a taste characteristic due to the use of milk possessing an essence of common weeds, which is generally present when cows eat weedy hay or graze on weed-infested pastures.

ATCP 81.01(12)(q) (q) “Whey-tainted” means a slight acidic flavor and odor characteristic of fermented whey caused by too slowly or incompletely expelling the whey from the curd.

ATCP 81.01(12)(r) (r) “Yeasty” means a flavor indicating the presence of yeast fermentation in the manufacture of the cheese.

ATCP 81.01(13) (13) “Grade attributes” for purposes of grading cheese under this chapter include the following degrees for a particular trait, which signify the relative absence or presence of the indicated trait:

ATCP 81.01(13)(a) (a) “Definite” means the trait is not intense but is detectable in the cheese being graded.

ATCP 81.01(13)(b) (b) “Pronounced” means the trait is sufficiently intense as to be easily identified in the cheese being graded.

ATCP 81.01(13)(c) (c) “Slight” means the trait is detected only upon critical examination.

ATCP 81.01(13)(d) (d) “Very slight” means the trait is detected only upon very critical examination.

ATCP 81.01(13m) (13m) “Grade cheese” means to grade or identify cheese as provided in s. ATCP 81.22.

ATCP 81.01(14) (14) “Grader” means a person licensed by the department under s. 97.17, Stats., to grade cheese.

ATCP 81.01(15) (15) “Official logotype” means an identifying trademark or symbol, as prescribed in subch. VIII, which may be stamped, imprinted on, affixed to, or made a part of any label of cheese manufactured in this state to identify or distinguish it as being “100% Wisconsin cheese”.

ATCP 81.01(16) (16) “Scale board” means a flat piece of wood or veneer placed in the cheese box or container to protect the cheese from damage.

ATCP 81.01 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; r. (1), Register, January, 1996, No. 481, eff. 2-1-96; CR 01-057: cr. (10m), Register June 2002 No. 558, eff. 7-1-02; CR 05-044: cr. (13m) Register December 2005 No. 600, eff. 1-1-06.

ATCP 81.02 ATCP 81.02 Cheese grader license.

ATCP 81.02(1) (1) License required. No person may grade cheese without a license from the department under s. 97.175, Stats.

ATCP 81.02(2) (2) License Application. Application for a biennial cheese grader license shall be made on a form provided by the department. The application shall be accompanied by the fee required under sub. (3). An application shall include all of the information required under this section for licensing purposes.

ATCP 81.02(3) (3) License fee. A person applying for a license under sub. (1) shall pay a license fee of $75.

ATCP 81.02 History History: CR 05-044: cr. Register December 2005 No. 600, eff. 1-1-06; CR 06-028: am. (1) and (3) Register November 2006 No. 611, eff. 12-1-06; CR 07-037: am. (3) Register April 2008 No. 628, eff. 5-1-08.

subch. II of ch. ATCP 81 Subchapter II —Grading and Marking Requirements; General

ATCP 81.20 ATCP 81.20 Wisconsin cheese; manufacturer’s label. All cheese manufactured in this state shall be labeled at the dairy plant or cheese factory with all of the items listed under subs. (1) to (5). The labeling shall remain on the cheese until the cheese is used in the manufacture or processing of another food, or until it is relabeled by a buyer who cuts and repackages the bulk unit into consumer size packages. A manufacturer may not use electronic code labeling as the sole means to display labeling required under this section, except when the cheese is under the manufacturer’s custody and control. If a manufacturer uses electronic code labeling, the manufacturer shall provide a scanner or other device that enables a department employee or agent to decode the information into a readable format at the place where the manufacturer keeps the cheese.

ATCP 81.20(1) (1) Name of cheese. The name of the cheese variety or type of cheese.

ATCP 81.20(2) (2) State identification. The word “WISCONSIN” or code number “55”, a numerical code which indicates that the cheese was manufactured at a dairy plant in this state.

ATCP 81.20(3) (3) Dairy plant identification. The serial or individual identification number assigned by the department for the dairy plant at which the cheese was made.

ATCP 81.20(4) (4) Date of manufacture. The month, date and year of manufacture for the cheese. The date of manufacture may be abbreviated using an alphanumeric or all numeric format. The abbreviation shall clearly identify the month, date and year, or a Julian calendar date consisting of a 2 digit designation for the year of manufacture followed by a 3 digit Julian date.

ATCP 81.20(5) (5) Vat identification. The alpha or numerical designation of the vat which identifies a specific vat or chronological sequence of manufacture when more than one vat of cheese is manufactured in the same vat on the same day.

ATCP 81.20 Note Note: A manufacturer’s label will substantially comply with this subsection if it uses one of the following alternative formats for each label requirement under subs. (1) to (5):

ATCP 81.20 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; cr. (6), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-151: am. (intro.) and (4) and r. (6), Register July 2001, No. 547 eff. 8-1-01.

ATCP 81.21 ATCP 81.21 Labeling cheese from other states or foreign countries.

ATCP 81.21(1) (1) Manufacturer’s label.

ATCP 81.21(1)(a) (a) General requirements. If cheese from other states or foreign countries is received in Wisconsin for further packaging or distribution, the cheese shall be plainly labeled or identified under par. (b) or (c). The label shall appear on the outside container or receptacle in which the cheese is received in this state.

ATCP 81.21(1)(b) (b) Out-of-state identification. Cheese originating from states other than Wisconsin shall be identified by all of the following:

ATCP 81.21(1)(b)1. 1. The name of the cheese variety or type of cheese.

ATCP 81.21(1)(b)2. 2. Identification by name or numerical code of the state of manufacture or origin. If code number identification is used, the number shall be the 2 digit code number assigned for individual states by the National Conference of Interstate Milk Shipments.

ATCP 81.21(1)(b)3. 3. The dairy plant serial number assigned by the state licensing agency to the dairy plant in which the cheese was manufactured.

ATCP 81.21(1)(c) (c) Foreign country identification. Cheese originating from a foreign country shall be identified with both of the following:

ATCP 81.21(1)(c)1. 1. The name of the cheese variety or type of cheese.

ATCP 81.21(1)(c)2. 2. The name of the foreign country in which the cheese was manufactured.

ATCP 81.21(2) (2) Wisconsin grade labeling prohibited. No person may use any Wisconsin grade mark or Wisconsin grade label designation on cheese manufactured in another state or country.

ATCP 81.21 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; correction in (1) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1999, No. 521; CR 99-151: r. and recr. (2), Register July 2001, No. 547 eff. 8-1-01.

ATCP 81.215 ATCP 81.215 Age labeling of cheese. If the label on any bulk cheese or retail package of cheese states that the cheese is “aged” or “cured,” the label shall state the minimum length of time in days, months or years that the cheese has been aged or cured since it was manufactured.

ATCP 81.215 History History: CR 99-151: cr. Register July 2001, No. 547 eff. 8-1-01.

ATCP 81.22 ATCP 81.22 Cheese grades and grade labels.

ATCP 81.22(1) (1) Grades. Cheese manufactured and sold in this state shall be graded or identified in one of the following categories, according to the grade standards applicable to the particular cheese variety in subchs. IV to VII, if there is a Wisconsin grade standard for that variety in subchs. IV to VII:

ATCP 81.22(1)(a) (a) Wisconsin certified premium grade AA.

ATCP 81.22(1)(b) (b) Wisconsin grade A or Wisconsin state brand.

ATCP 81.22(1)(c) (c) Wisconsin grade B.

ATCP 81.22(1)(d) (d) Wisconsin grade C for Swiss cheese.

ATCP 81.22(1)(e) (e) Wisconsin grade D for Swiss cheese.

ATCP 81.22(1)(f) (f) Undergrade.

ATCP 81.22(1)(g) (g) Not graded.

ATCP 81.22(2) (2) Grade mark or label specifications.

ATCP 81.22(2)(a) (a) Wisconsin certified premium grade AA, Wisconsin grade A, or Wisconsin state brand. The grade mark for cheese grades under sub. (1) (a) or (b) shall consist of a miniature outline map of the boundaries of Wisconsin with the cheese grader’s license number and the name of the applicable grade, as determined by the cheese grader, enclosed within the outline map. The type shall be spaced and designed so as to be legible and present a symmetrical appearance.

ATCP 81.22 Note Note: The following are illustrations of the grade mark requirements under s. ATCP 81.22 (2) (a):

ATCP 81.22(2)(b) (b) Wisconsin grade B. The grade mark for cheese graded as Wisconsin grade B shall consist of a diamond-shaped figure with the grader’s license number and the words “Wisconsin grade B”enclosed with the border. The type shall be spaced and designed so as to be legible and present a symmetrical appearance.

ATCP 81.22 Note Note: The following is an illustration of the grade mark requirements under s. ATCP 81.22 (2) (b).

ATCP 81.22(2)(c) (c) Wisconsin grade C. The grade mark for cheese graded as Wisconsin grade C shall consist of approximately a 1 inch square with the grader’s license number and the words “Wisconsin grade C” enclosed within the square. The type shall be spaced and designed so as to be legible and present a symmetrical appearance.

ATCP 81.22 Note Note: The following is an illustration of the grade mark requirements under s. ATCP 81.22 (2) (c).

ATCP 81.22(2)(d) (d) Wisconsin grade D. The grade label for cheese graded as Wisconsin grade D shall consist of the words “Wisconsin grade D”on 3 separate lines, followed immediately with the grader’s license number below the grade designation. The information may not be enclosed within any figure, but shall be spaced and designed so as to be legible and present a symmetrical appearance.

ATCP 81.22 Note Note: The following is an illustration of the grade mark requirements under s. ATCP 81.22 (2) (d).

ATCP 81.22(2)(e) (e) Undergrade. The grade label for cheese graded as Undergrade shall consist of the word “Undergrade” followed with the grader’s license number immediately below. The information may not be enclosed within any figure, but shall be spaced and designed so as to be legible and present a symmetrical appearance.

ATCP 81.22 Note Note: The following is an illustration of the grade mark requirements under s. ATCP 81.22 (2) (e).

ATCP 81.22(2)(f) (f) Not graded. All cheese which has not been graded under this chapter shall be plainly designated with the words “Not Graded” in prominent or conspicuous type size. The designation shall be applied to the cheese, the cheese wrapper or container, or to a tag attached to the container. The designation shall be affixed at the manufacturing location or at the location where the cheese is first delivered in this state, prior to further sale or shipment. The “Not Graded” designation may not be used as an alternate grade determination if grade correction is necessary.

ATCP 81.22 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (1) (b) and (2) (a), r. (1) (c), renum. (1) (d) to (h) to be (1) (c) to (g), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-151: am. (1), Register July 2001, No. 547 eff. 8-1-01.

ATCP 81.23 ATCP 81.23 Cheese grading.

ATCP 81.23(1) (1) General. Any cheese represented to be of one of the grades under s. ATCP 81.22 (1) shall conform to the standards and characteristics for the labeled grade, and shall be graded by a licensed grader or by the department. After the grade is determined, a grade mark or label under s. ATCP 81.22 (2) shall be affixed to the cheese, to the cheese wrapper or container, or to a tag attached to the container before the cheese enters wholesale channels of distribution.

ATCP 81.23(2) (2) Moisture and milkfat content. The moisture and milkfat content requirements of each variety of cheese for which grade standards are set forth in this chapter shall comply with the standards of identity for the cheese variety under s. 97.09 (1), Stats.

ATCP 81.23(3) (3) State grade certification. All cheese graded as Wisconsin certified premium grade AA shall have the grade certified by a department grader. No person may use the Wisconsin certified premium grade AA label on cheese which has not been certified by the department. The department may also certify, upon request, a cheese grade other than Wisconsin certified premium grade AA. The department shall charge a fee to cover its cost to perform a grade certification under this subsection, regardless of whether the certification is mandatory or voluntary. Cheese which develops any objectionable defect after department grade certification shall be regraded by a licensed cheese grader. Appropriate changes shall be made in the grade labeling before further distribution or sale of the cheese.

ATCP 81.23(4) (4) Minimum age of cheese for state grade certification. All cheese except Swiss or emmentaler cheese offered for grade certification under sub. (3) shall be at least 10 days old on the date of certification. Swiss or emmentaler cheese shall be at least 60 days old on the date of certification. Age shall be determined from the date of manufacture.

ATCP 81.23(5) (5) Grading procedure; general.

ATCP 81.23(5)(a) (a) To grade cheese from any vat lot, a grader shall withdraw and evaluate at least one plug from a cheese sample selected at random from that vat lot. The grader shall withdraw each plug with a cheese trier that complies with par. (b).

ATCP 81.23(5)(b) (b) A cheese trier shall comply with the following requirements, as applicable:

ATCP 81.23(5)(b)1. 1. A cheese trier used to draw a cheese plug for the purpose of grading any cheese variety other than barrel cheese shall be constructed with a 6 inch barrel. The trier shall be tapered from a 13/16 inch diameter at the large end to a 10/16 inch diameter on the small end. The cutting depth of the barrel shall be 1/4 inch at the small end and 3/8 inch at the large end.

ATCP 81.23(5)(b)2. 2. A cheese trier used to draw a plug of barrel cheese for the purpose of grading shall have a barrel which is not less than 9 inches in length. A trier for barrel cheese shall be tapered from a 15/16 inch diameter at the large end to a 11/16 inch diameter at the small end. The cutting depth of the barrel shall be 1/2 inch at the large end tapered to 5/16 inch at the small end.

ATCP 81.23(5)(b)3. 3. A cheese trier used to draw a plug for grading conventional sizes of brick and muenster cheese shall be constructed with a 5 inch long barrel tapered from a diameter of 5/8 inch at the large end to a diameter of 15/32 inch on the small end. The cutting depth of the barrel shall be 7/32 inch at the small end and 5/16 inch at the large end.

ATCP 81.23(5m) (5m) Swiss cheese grading procedure. To grade Swiss or emmentaler cheese from any vat lot, a grader shall use the following procedure in place of the procedure under sub. (5):

ATCP 81.23(5m)(a) (a) The grader shall determine flavor and body characteristics by withdrawing and evaluating at least one plug from a cheese sample selected at random from the vat lot. The grader shall withdraw the plug with a trier, inserting the trier at the approximate center of the largest flat surface area on the cheese sample. The grader shall withdraw and evaluate a full trier plug of cheese, except that a grader may withdraw and evaluate a less-than-full trier plug if the cheese is not deep enough to permit withdrawal of a full trier plug.

ATCP 81.23(5m)(b) (b) Except as provided in par. (c) or (d), a grader shall determine texture, color and eye characteristics by evaluating a cheese wheel or block selected at random from the vat lot. The grader shall divide the cheese wheel or block approximately in half, and shall evaluate the 2 exposed cut surfaces.

ATCP 81.23(5m)(c) (c) If cheese from a vat lot has been cut into sizes smaller than a wheel or block, a grader may determine texture, color and eye characteristics by evaluating already exposed cut surfaces without making additional cuts.

ATCP 81.23(5m)(d) (d) At the request of the cheese owner, a grader may determine the texture, color and eye characteristics of a vat lot by withdrawing and evaluating at least one plug of cheese selected at random from that vat lot, rather than by evaluating cut surfaces under par. (b) or (c). The grader shall withdraw and evaluate the plug according to par. (a). The grader shall disclose, on the grade certification or inspection report, that the grader used this grading. The authorized representative of a cheese owner may request this grading method on behalf of the cheese owner.

ATCP 81.23(6) (6) Regrading. Cheese which has developed any objectionable flavor or other defect after grading shall be regraded. Original grade labels shall be removed and correct grade labels applied. When cheese is regraded, the “Not graded” designation may not be used as an alternative to the actual regraded designation.

ATCP 81.23(7) (7) Appealing grade changes. A licensed cheese grader may appeal a grade change ordered by a department cheese grader. The petition may consist of a request for review by a department grading specialist of the original grade determination. The cost of the grade determination review shall be charged to the petitioner. Any party affected by a grade certification may also appeal to the department as provided in s. 93.11 (4) and (5), Stats. The appeal shall be requested in writing and shall be made not later than 10 days following the date of delivery of the cheese to the purchaser.

ATCP 81.23(8) (8) Arbitration. If disagreement occurs between a producer and a buyer as to the grade of cheese, the disagreement may be resolved by arbitration. The cheese may not be moved or further processed pending arbitration. Either party to the transaction may request appointment of a grade arbitration committee. The committee shall consist of 3 arbitrators, selected from a list of licensed graders compiled by the department. Each party shall appoint one arbitrator and the 2 arbitrators initially selected shall appoint a third. The decision of the arbitration committee on the grade of the cheese shall bind the parties. The party who requests arbitration shall pay the costs of arbitration.

ATCP 81.23 History History: Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (4), Register, January, 1996, No. 481, eff. 2-1-96; CR 01-057: r. and recr. (5) (a), renum. (5) (b) to (d) to be (5) (b) 1 to 3., cr. (5) (b) (intro.) and (5m), Register June 2002 No. 558, eff. 7-1-02.