Chapter ATCP 82

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.

ATCP 82.06(2) (2) Maintenance. Bulk milk tankers, including equipment and accessories, shall be kept clean and in good repair.

ATCP 82.06 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (1), Register January 2008 No. 625, eff. 2-1-08.

ATCP 82.08 ATCP 82.08 Cleaning and sanitizing bulk milk tankers.

ATCP 82.08(1) (1) Cleaning and sanitizing required. A bulk milk tanker operator shall ensure the following:

ATCP 82.08(1)(a) (a) No person may operate a bulk milk tanker unless the bulk milk tanker is cleaned immediately after each day’s use and sanitized prior to the next day’s use. A bulk milk tanker, including all attached dairy product pumps and hoses, shall be cleaned and sanitized according to this section. A bulk milk tanker shall be re-sanitized if the tanker has not been used for more than 96 hours after last being sanitized.

ATCP 82.08(1)(b) (b) Except as provided in par. (c), a bulk milk tanker is not required to be cleaned or sanitized between loads during a 24 hour period, provided that the bulk milk tanker is cleaned after that day’s use and sanitized prior to the next day’s use.

ATCP 82.08(1)(c) (c) Milk and dairy product pumps and hoses shall be cleaned and sanitized whenever those pumps or hoses remain unused for more than 4 hours.

ATCP 82.08(1)(d) (d) No person may operate a bulk milk tanker unless the tanker bears a tag under sub. (4) showing that it has been cleaned and sanitized according to this section.

ATCP 82.08(2) (2) Bulk milk tanker cleaning facility.

ATCP 82.08(2)(a) (a) A bulk milk tanker, including its pumps and hoses, shall be cleaned and sanitized in a fully enclosed and heated facility. The facility shall have an impervious drained floor. The facility shall be equipped with adequate hot and cold water under pressure, a wash vat, pressure sanitizing facilities, and equipment storage racks. Bulk milk tankers may be cleaned and sanitized in the same room where milk is received from those bulk milk tankers.

ATCP 82.08(2)(b) (b) A facility used to clean and sanitize grade A bulk milk tankers, pumps, and hoses shall be covered by a grade A permit under sub. (6) and meet the requirements of par. (a).

ATCP 82.08(3) (3) Cleaning and sanitizing procedure. Whenever a bulk milk tanker is cleaned and sanitized, the bulk milk tanker operator or bulk milk tanker cleaning facility employee shall do all of the following:

ATCP 82.08(3)(a) (a) Clean and sanitize every dairy product contact surface on the bulk milk tanker, including product contact surfaces of equipment and accessories used on the tanker. If a bulk milk tanker operator or bulk milk tanker cleaning facility employee is only required to clean tanker pumps and hoses under sub. (1) (c), the operator or employee shall clean every dairy product contact surface on those pumps and hoses.

ATCP 82.08(3)(b) (b) Sanitize dairy product contact surfaces according to s. ATCP 65.34.

ATCP 82.08(3)(c) (c) Thoroughly clean all of the external surfaces of the bulk milk tanker.

ATCP 82.08(4) (4) Cleaning documentation.

ATCP 82.08(4)(a) (a) No person may operate a bulk milk tanker unless a cleaning tag is attached that includes all of the following information:

ATCP 82.08(4)(a)1. 1. The identification number of the bulk milk tanker, including grade A permit number if any.

ATCP 82.08(4)(a)2. 2. The date and time of day when the bulk milk tanker was cleaned and sanitized.

ATCP 82.08(4)(a)3. 3. The name and location of the facility where the bulk milk tanker was cleaned and sanitized and the facility’s grade A permit number under sub. (6) if any.

ATCP 82.08(4)(a)4. 4. The signature or initials of the person who cleaned and sanitized the tanker.

ATCP 82.08(4)(b) (b) The bulk milk tanker shall have a tag attached as required under par. (a) to the outlet valve or inside the pump cabinet of the tanker. No person may remove the tag, except as provided in par. (c).

ATCP 82.08(4)(c) (c) Whenever a bulk milk tanker operator or bulk milk tanker cleaning facility employee cleans and sanitizes a bulk milk tanker, the last cleaning tag attached to the bulk milk tanker under this subsection shall be removed before attaching a new tag. The removed tag shall be retained for at least 15 days, at the location where the bulk milk tanker was cleaned and sanitized.

ATCP 82.08(4)(d) (d) Whenever a bulk milk tanker operator or a bulk milk tanker cleaning facility employee cleans and sanitizes a direct ship tanker, the operator or employee shall apply a seal to each access port.

ATCP 82.08(6) (6) Grade a bulk milk tanker cleaning facility; permit.

ATCP 82.08(6)(a) (a) No person may operate a bulk milk tanker cleaning facility to clean grade A bulk milk tankers unless that person holds a valid grade A permit from the department for that facility. A permit is not transferable between persons or facilities.

ATCP 82.08(6)(b) (b) A person shall apply for a grade A permit under par. (a) on a form provided by the department. The application shall include all of the following:

ATCP 82.08(6)(b)1. 1. The applicant’s name, address, and telephone number.

ATCP 82.08(6)(b)2. 2. The complete address of the bulk milk tanker cleaning facility, including street address, post office, and county.

ATCP 82.08(6)(b)3. 3. Other information that the department reasonably requires, for purposes of issuing the grade A permit.

ATCP 82.08(6)(c) (c) The department shall grant or deny a grade A permit application under par. (a) within 40 days after the department receives a complete application.

ATCP 82.08(6)(d) (d) In order for a bulk milk tanker cleaning facility to hold a valid grade A permit, the bulk milk tanker cleaning facility must pass a semi-annual inspection by the department.

ATCP 82.08 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: r. and recr., Register January 2008 No. 625, eff. 2-1-08; CR 13-104: am. (title), cr. (1) (intro.), am. (1) (a) to (c), (2), (3) (intro.), (a), (4) (title), (a) (intro.), 2., 3., (b), (c), cr. (4) (d), (6) (d) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (3) (b) Register August 2016 No. 728, eff. 9-1-16.

ATCP 82.10 ATCP 82.10 Collecting milk from dairy farms.

ATCP 82.10(1) (1) Collection frequency.

ATCP 82.10(1)(a) (a) If milk from a grade A or grade B dairy farm violates a standard under s. ATCP 65.70 on any single test, milk from that farm shall be collected at least one every 2 days until a subsequent test shows that the milk from that dairy farm complies with that standard. This paragraph does not require a bulk milk weigher and sampler to collect milk if collection would violate ch. ATCP 65.

ATCP 82.10(1)(b) (b) A dairy plant operator receiving milk from a dairy farm shall immediately notify the bulk milk weigher and sampler and milk producer whenever milk from that dairy farm must be collected more frequently in order to comply with par. (a). No dairy plant operator may receive milk collected in violation of par. (a).

ATCP 82.10(2) (2) Supplies required for milk collection and sampling. A bulk milk weigher and sampler who collects milk in bulk shall have the following supplies available:

ATCP 82.10(2)(a) (a) An adequate supply of sample containers to collect samples under s. ATCP 82.12. The sample containers shall comply with s. ATCP 82.12 (4).

ATCP 82.10(2)(b) (b) A sample dipper to collect samples under s. ATCP 82.12. The sample dipper shall be kept in a sample dipper well designed for that purpose.

ATCP 82.10(2)(c) (c) A sanitizing solution of not less than 100 ppm nor more than 200 ppm chlorine or its equivalent. The bulk milk weigher and sampler shall carry a sanitizing solution test kit to test the strength of the sanitizing solution.

ATCP 82.10(2)(d) (d) An insulated carrying case with a rack to hold samples collected under s. ATCP 82.12. The carrying case shall comply with s. ATCP 82.12 (6) (a).

ATCP 82.10(2)(e) (e) A dial or digital thermometer, calibrated for accuracy against a thermometer traceable to a National Institute of Standards and Technology certified thermometer at least every 6 months, accurate to plus or minus 2°F., that can be used to check the accuracy of farm bulk tank indicating thermometers under sub. (6) (b).

ATCP 82.10(2)(f) (f) A marking device to identify samples collected under s. ATCP 82.12. Samples shall be identified according to s. ATCP 82.12 (6).

ATCP 82.10(2)(g) (g) A watch or other timing device.

ATCP 82.10(2)(h) (h) An adequate supply of forms and a writing device to prepare milk collection records under sub. (10).

ATCP 82.10(2)(i) (i) An adequate supply of single-service paper towels.

ATCP 82.10(3) (3) Bulk milk weigher and sampler sanitation. A bulk milk weigher and sampler shall wear clean clothes when measuring, sampling, or collecting milk at a dairy farm. A bulk milk weigher and sampler shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. No bulk milk weigher and sampler who has a discharging or infected wound, sore, or lesion on his or her hands or exposed arms may measure, sample, or collect milk at a dairy farm.

ATCP 82.10(4) (4) Examining milk by sight and smell.

ATCP 82.10(4)(a) (a) Before any person receives or collects milk from a dairy farm, that person shall examine the milk by sight and smell, and shall reject all milk that has an objectionable odor, that is abnormal in appearance and consistency, or that is visibly adulterated.

ATCP 82.10(4)(b) (b) A bulk milk weigher and sampler who rejects milk under par. (a) may not collect that milk, or commingle it with milk from any other producer. If a producer disputes a bulk milk weigher and sampler’s rejection of milk, the bulk milk weigher and sampler shall contact the operator of the dairy plant to which the milk would ordinarily be delivered, and the dairy plant operator shall examine the rejected milk to determine whether it was properly rejected.

ATCP 82.10(5) (5) Hand washing. A bulk milk weigher and sampler shall wash and dry his or her hands before performing any of the following operations at a dairy farm: