Chapter ATCP 82

BULK MILK COLLECTION, SAMPLING, AND TRANSPORTATION

ATCP 82.01   Definitions.

ATCP 82.02   Bulk milk tanker; grade A permit.

ATCP 82.04   Bulk milk weigher and sampler; license and grade A permit.

ATCP 82.06   Bulk milk tankers; construction and maintenance.

ATCP 82.08   Cleaning and sanitizing bulk milk tankers.

ATCP 82.10   Collecting milk from dairy farms.

ATCP 82.12   Milk samples for testing.

ATCP 82.14   Delivering milk to dairy plant.

ATCP 82.16   False samples or records.

Ch. ATCP 82 Note Note: See also ch. ATCP 65 (Milk and Milk Products).

ATCP 82.01 ATCP 82.01 Definitions. In this chapter:

ATCP 82.01(1) (1) “Bulk milk tanker” means a mobile bulk container used to transport milk, fluid, milk products, whey, or whey cream in bulk from a dairy farm, or to, or from, a dairy plant in this state. “Bulk milk tanker” includes a mobile bulk container which is permanently mounted on a motor vehicle or which is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the mobile bulk container. “Bulk milk tanker” does not include a mobile bulk container which is used by a milk producer solely to transport that producer’s own milk.

ATCP 82.01(1m) (1m) “Bulk milk tanker cleaning facility” means a facility where a bulk milk tanker or its appurtenances are cleaned and sanitized.

ATCP 82.01(1s) (1s) “Bulk milk weigher and sampler” means any person who collects official milk samples and may transport raw milk from a farm, or raw milk or fluid milk products to, or from, a dairy plant, receiving station, or transfer station.

ATCP 82.01(2) (2) “Bulk tank” means a permanent or semi-permanent tank, container, or silo used to receive, cool, or store bulk quantities of milk on a dairy farm. “Bulk tank” does not include milk cans.

ATCP 82.01(3) (3) “Dairy farm” means any place where one or more milking animals are kept for the production of milk.

ATCP 82.01(4) (4) “Dairy plant” means any place where a dairy product is manufactured or processed for sale or distribution as human food, and includes a receiving station or transfer station.

ATCP 82.01(4m) (4m) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 82.01(5) (5) “Milk” means the lacteal secretion of milking animals and includes skim milk and cream.

ATCP 82.01(7) (7) “Milk producer” means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.

ATCP 82.01(7m) (7m) “Milking animals” means all of the following:

ATCP 82.01(7m)(a) (a) Cows, sheep, and goats.

ATCP 82.01(7m)(b) (b) Other hooved animals whose milk is collected and distributed for human consumption.

ATCP 82.01(8) (8) “Processing plant” means a dairy plant engaged in pasteurizing, processing, or manufacturing milk or dairy products.

ATCP 82.01(9) (9) “Receiving station” means a facility which is designed for the receipt and bulk storage of milk, and which is used to receive or store milk in bulk. “Receiving station” does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.

ATCP 82.01(10) (10) “Transfer station” means a facility designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.

ATCP 82.01 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: cr. (1m) and (7m), am. (3) and (5), Register January 2008 No. 625, eff. 2-1-08; CR 13-104: cr. (1s), am. (2), cr. (4m), r. (6) Register July 2014 No. 703, eff. 8-1-14.

ATCP 82.02 ATCP 82.02 Bulk milk tanker; grade A permit.

ATCP 82.02(1m) (1m) Permit required. No person may operate a bulk milk tanker to transport milk or fluid milk products for sale or use as grade A milk or grade A dairy products unless the department, or an equivalent regulatory agency in another state, has issued a valid grade A permit for that bulk milk tanker and the information required under sub. (7) (b) is displayed on the bulk milk tanker as required under sub. (7) (c). A grade A permit is not transferable between bulk milk tankers.

ATCP 82.02(2) (2) Permit application. An application for a grade A permit under sub. (1m) shall be made on a form provided by the department. An application shall include all of the following:

ATCP 82.02(2)(a) (a) The applicant’s name, address, and telephone number.

ATCP 82.02(2)(b) (b) A description of the bulk milk tanker including make, serial number, and capacity.

ATCP 82.02(2)(c) (c) The city, village, or town, and state in which the bulk milk tanker is customarily kept.

ATCP 82.02(2)(d) (d) Any other information which the department reasonably requires for identifying and permitting of the bulk milk tanker.

ATCP 82.02(2)(e) (e) All applicable fees and surcharges required under subs. (5) and (6).

ATCP 82.02(3) (3) Action on permit application.

ATCP 82.02(3)(a) (a) The department shall grant or deny a permit application under sub. (2) within 30 days after the department receives a completed application.

ATCP 82.02(3)(b) (b) The department shall not issue or renew a permit until the applicant has paid all applicable fees and surcharges, set forth in a statement from the department, that are due and payable by the applicant under this section. The department shall refund a fee paid under protest if, upon review, the department determines that the fee is not due and payable.

ATCP 82.02(5) (5) Reinspection fee.

ATCP 82.02(5)(a) (a) If the department reinspects a bulk milk tanker because the department finds a violation of ch. 97, Stats., or this chapter, the department shall charge the bulk milk tanker operator a reinspection fee. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a permit renewal application to the bulk milk tanker operator, or at any other time after the fee becomes effective.

ATCP 82.02(5)(b) (b) The reinspection fee under par. (a) is $60.

ATCP 82.02(6) (6) Surcharge for operating without a permit.

ATCP 82.02(6)(a) (a) An applicant for a bulk milk tanker permit shall pay a permit surcharge of $100 if the department determines that, within 365 days prior to submitting the permit application, the applicant operated a bulk milk tanker without a grade A permit in violation of sub. (1m) or (7).

ATCP 82.02(6)(b) (b) In addition to paying the permit surcharge under par. (a), an applicant who violated sub. (1m) or (7). shall pay all fees, set forth in a statement from the department, that are due and payable for the permit year in which the applicant violated sub. (1m) or (7).

ATCP 82.02(6)(c) (c) Payment of the permit surcharge and past fees under pars. (a) and (b) does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (1m) or (7), but does not constitute evidence of any violation of law.

ATCP 82.02(7) (7) Grade A permit display.

ATCP 82.02(7)(a) (a) An application for a grade A permit shall include proof that the bulk milk tanker has passed an inspection by the department or by a certified industry inspector under s. ATCP 82.02 (8) within the 24 months before the last day of the month in which the application was made.

ATCP 82.02(7)(b) (b) The holder of a grade A permit under sub. (1m) shall display all of the following information, in the manner required under par. (c), on both sides of the bulk milk tanker to which the permit applies:

ATCP 82.02(7)(b)1. 1. The grade A permit identification number.

ATCP 82.02(7)(b)2. 2. Identification of the state that issued the grade A permit. The state identification may be expressed as the full state name, the official two letter postal code abbreviation for the state, or the numerical code issued for that state by the United States food and drug administration, and available online at http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm#hucs.

ATCP 82.02 Note Note:  For example, permits issued by the department may display the full state name, “Wisconsin,” the two letter postal code state abbreviation “WI,” or the numerical code “55.”

ATCP 82.02(7)(c) (c) The information display, under par. (b), shall be permanently attached to the bulk milk tanker. The color of the letters and numbers shall be in sharp contrast to the background on which the letters and numbers are displayed. Each letter and number comprising the information shall be at least 2 inches in height and readily legible during daylight hours while the bulk milk tanker is stationary. The permit holder shall maintain the display so that it remains fully legible at all times.

ATCP 82.02(8) (8) Certified industry inspection of grade A bulk milk tankers.

ATCP 82.02(8)(a) (a) The department may certify industry personnel to inspect bulk milk tankers for the purpose of issuing grade A permits. Certified industry inspectors shall be authorized to conduct inspections and reinspections of bulk milk tankers and issue or deny grade A permits for bulk milk tankers.

ATCP 82.02(8)(b) (b) Applicants for the certified industry inspection program shall be appointed in compliance with requirements for special dairy and food inspectors under s. 97.32 (1), Stats. Certification shall be for a period not exceeding 3 years from the date of formal certification or re-certification. The department may revoke the certification of an industry inspector, if the inspector fails to comply with the requirements of the certified dairy inspection program, in accordance with s. 97.32 (4), Stats.

ATCP 82.02(8)(c) (c) The department shall maintain a written program describing procedures for implementing the certified industry inspection program. Certified industry inspectors shall maintain copies of certification and inspection records for 3 years and shall file annual bulk milk tanker inspection reports with the department.

ATCP 82.02 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 05-044: am. (2) (intro.), (3) (b) and (4), r. and recr. (5) Register December 2005 No. 600, eff. 1-1-06; CR 07-006: am. (1) (b), (2) (intro.) and (c) and (7), cr. (2) (e), (7) (d) and (e), Register January 2008 No. 625, eff. 2-1-08; CR 07-037: am. (4) and (5) (b) Register April 2008 No. 628, eff. 5-1-08; CR 13-104: am. (7) (a), (b), cr. (8) Register July 2014 No. 703, eff. 8-1-14; CR 15-094: am. (title), r. (1), cr. (1m), am. (2) (title), (intro.), (d), (e), (3), r. (4), am. (5), (6), r. and recr. (7) Register August 2016 No. 728, eff. 9-1-16; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., correction in (7) (b) 2. made under s. 13.92 (4) (b) 6., Stats., and correction in (7) (a) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 82.04 ATCP 82.04 Bulk milk weigher and sampler; license and grade A permit.

ATCP 82.04(1) (1) License required. Except as provided under sub. (2), no person may do either of the following unless that person holds a valid bulk milk weigher and sampler license issued by the department under s. 98.146, Stats., and this section:

ATCP 82.04(1)(a) (a) Weigh or measure milk, for payment purposes.

ATCP 82.04(1)(b) (b) Collect test samples of milk required under s. ATCP 65.38.

ATCP 82.04(2) (2) Buttermaker or cheesemaker; exemption. Subsection (1) does not apply to a person who holds a valid buttermaker or cheesemaker license issued by the department under s. 97.17, Stats.

ATCP 82.04(3) (3) Initial bulk milk weigher and sampler license application. Before the department initially licenses any person as a bulk milk weigher and sampler, that person shall demonstrate his or her competency by doing all of the following:

ATCP 82.04(3)(a) (a) Submit an application for a bulk milk weigher and sampler license on a form provided by the department. The form shall be accompanied by all fees that are due and payable under sub. (6). The application shall include all information reasonably required by the department for licensing purposes.

ATCP 82.04(3)(b) (b) Pass a written examination administered by the department.

ATCP 82.04(3)(c) (c) Pass a field inspection administered by the department, within 21 days of passing the written examination.

ATCP 82.04(4) (4) Action on initial application for bulk milk weigher and sampler license. The department shall grant or deny an initial bulk milk weigher and sampler license under sub. (3) within 40 days after the department receives a complete application.

ATCP 82.04(5) (5) License expiration.

ATCP 82.04(5)(a) (a) Except as provided in par. (b), a bulk milk weigher and sampler license expires on the second September 30 following the date on which the department issues or renews the license.

ATCP 82.04(5)(b) (b) If the department issues or renews a license before September 30 of any year in response to an application filed after August 15 of that year, the license expires on the third September 30 following the date on which the department issues or renews the license.

ATCP 82.04(6) (6) License and reinspection fees.

ATCP 82.04(6)(a) (a) License fee. An applicant for a bulk milk weigher and sampler license shall pay a biennial license fee of $60.

ATCP 82.04(6)(b) (b) Reinspection fee required. If the department reinspects a bulk milk weigher and sampler because the department finds a violation of ch. 97, Stats., or this chapter, the department shall charge the bulk milk weigher and sampler a reinspection fee of $60. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application to the bulk milk weigher and sampler.

ATCP 82.04(6)(c) (c) Written examination. The department may require that the bulk milk weigher and sampler pass a written examination in conjunction with a reinspection. No fee shall be charged to the bulk milk weigher and sampler for this examination.

ATCP 82.04(7) (7) License renewal. A person applying to renew a bulk milk weigher and sampler license shall be required to do all of the following:

ATCP 82.04(7)(a) (a) Submit an application for renewal of a bulk milk weigher and sampler license on a form provided by the department. The form shall be accompanied by all fees that are due and payable under sub. (6). The application for renewal shall include all information reasonably required by the department for licensing purposes.

ATCP 82.04(7)(b) (b) Pass a field inspection administered by the department or another regulatory agency which grants bulk milk weigher and sampler licenses, within the previous 24 month period.

ATCP 82.04(8) (8) Action on application to renew a bulk milk weigher and sampler license. The department shall grant or deny a license application under sub. (7) within 40 days after the department receives a complete application.

ATCP 82.04(9) (9) Grade a bulk milk weigher and sampler permit required. Except as provided under sub. (2), no person may do either of the following unless that person holds a valid grade A bulk milk weigher and sampler permit in addition to the bulk milk weigher and sampler license issued by the department under s. 98.146, Stats., and this section:

ATCP 82.04(9)(a) (a) Weigh or measure grade A milk, which will be processed as grade A milk or a grade A dairy product, for payment purposes.

ATCP 82.04(9)(b) (b) Collect test samples of grade A milk, which will be processed as grade A milk or a grade A dairy product, as required under s. ATCP 65.38.

ATCP 82.04(10) (10) Obtaining an initial grade A bulk milk weigher and sampler permit. A person shall be granted a grade A permit by the department upon successfully obtaining their initial bulk milk weigher and sampler license under sub. (3) or before the expiration date of that license under sub. (5), provided that if any reinspections of the person have been conducted under sub. (6), the most recent reinspection was passed by the person. A person holding a bulk milk weigher and sampler license from the department, who passes an inspection conducted by another regulatory agency which grants grade A bulk milk weigher and sampler permits, may conduct the activities in sub. (9) (a) and (b).

ATCP 82.04(11) (11) Renewing a grade a bulk milk weigher and sampler permit. A person shall be granted a renewal of a grade A bulk milk weigher and sampler permit by the department upon successfully renewing their initial bulk milk weigher and sampler license under sub. (7) or before the expiration date of that license under sub. (5), provided that if any reinspections of the person have been conducted under sub. (6), the most recent reinspection was passed by the person. A person holding a bulk milk weigher and sampler license from the department, who passes an inspection conducted by the regulatory agency of another state which grants grade A bulk milk weigher and sampler permits, may conduct the activities in sub. (9) (a) and (b).

ATCP 82.04 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 01-028: r. and recr. (3), Register September 2001 No. 549, eff. 10-1-01; CR 05-044: r. and recr. (5) Register December 2005 No. 600, eff. 1-1-06; CR 07-006: am. (1) (a) and (b), Register January 2008 No. 625, eff. 2-1-08; CR 07-037: am. (5) (a) and (b) Register April 2008 No. 628, eff. 5-1-08; CR 13-104: am. (title), renum. (3) to (5), cr. (3) (a), am. (4), renum. (5) to (6) and am. (6) (b), cr. (6) (c), renum. (6) to (8) and am., renum. (7) (intro.), (a), (b) to (3) (intro.), (b), (c) and am., cr. (7) (a), (b), renum. (8) to (7) (intro.) and am., cr. (9) to (11) Register July 2014 No. 703, eff. 8-1-14; correction in (6) (c) (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2014 No. 703; CR 14-073: am. (1) (b), (9) (b) Register August 2016 No. 728, eff. 9-1-16.

ATCP 82.06 ATCP 82.06 Bulk milk tankers; construction and maintenance.

ATCP 82.06(1) (1) Sanitary construction. Bulk milk tankers, including equipment and accessories, shall be of sanitary design and construction, and shall comply with 3-A Sanitary Standards for Stainless Steel Automotive Transportation Tanks for Bulk Delivery and Farm Pick-Up Service, No. 3A 05-15 (November 24, 2002).

ATCP 82.06 Note Note: Copies of the 3-A Standards are on file with the department and the legislative reference bureau. Copies of the 3-A Sanitary Standards may be obtained online at www.3-a.org.