Chapter ATCP 82

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:

ATCP 82.10(5)(a) (a) Using the bulk milk weigher and sampler’s calibrated thermometer to measure the temperature of milk in a dairy farm bulk tank.

ATCP 82.10(5)(b) (b) Measuring the milk in the bulk tank.

ATCP 82.10(5)(c) (c) Sampling the milk in the bulk tank.

ATCP 82.10(6) (6) Milk temperature.

ATCP 82.10(6)(a) (a) Before a bulk milk weigher and sampler collects milk at a dairy farm, the bulk milk weigher and sampler shall record the temperature of the milk to be collected, as shown on the dairy farm bulk tank indicating thermometer. If the milk is collected more than 2 hours after the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 45° F. (7° C.). If milk from 2 or more milkings is collected within 2 hours of the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 50° F. (10° C.). Milk which does not meet these temperature requirements may be collected if, within 4 hours after collection, the milk has begun to be processed exclusively into milk or dairy products not designated as a grade A dairy product under s. ATCP 65.01 (26) and (27).

ATCP 82.10(6)(b) (b) At least once each month, and more often if necessary, a bulk milk weigher and sampler shall check the accuracy of each dairy farm bulk tank indicating thermometer by measuring the temperature of milk in the bulk tank with the bulk milk weigher and sampler’s dial or digital thermometer. The bulk milk weigher and sampler shall keep a written record comparing the temperatures recorded by the bulk milk weigher and sampler’s thermometer with those recorded by the bulk tank thermometer. The written record shall be kept in the dairy farm milkhouse for at least one year.

ATCP 82.10(6)(c) (c) Before a bulk milk weigher and sampler uses a dial or digital thermometer to measure the temperature of milk in a dairy farm bulk tank, the weigher and sampler shall sanitize the stem of the thermometer in 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 use the sanitizing solution according to label directions.

ATCP 82.10(6)(d) (d) A bulk milk weigher and sampler shall immediately notify the milk producer and the dairy plant operator if the bulk milk weigher and sampler finds that a dairy farm bulk tank is not cooling properly, or that the bulk tank thermometer is not indicating or recording temperatures accurately.

ATCP 82.10(7) (7) Connecting milk hose. Before a bulk milk weigher and sampler connects a bulk milk tanker hose to a dairy farm bulk tank, the bulk milk weigher and sampler shall examine the fittings of the bulk milk tanker hose and the dairy farm bulk tank outlet to ensure that both are clean. Before connecting the hose, the bulk milk weigher and sampler shall clean and sanitize the bulk tank outlet if the outlet valve is leaking. The bulk milk weigher and sampler shall attach the milk hose to the bulk tank outlet in a manner that does not contaminate the hose or hose cap. The hose shall be connected through the hose port in the milkhouse, and not through the milkhouse door.

ATCP 82.10(8) (8) Measuring milk in the bulk tank.

ATCP 82.10(8)(a) (a) Before milk is transferred from a dairy farm bulk tank to a bulk milk tanker, the bulk milk weigher and sampler shall accurately measure the amount of milk in the bulk tank. The bulk milk weigher and sampler shall measure the milk using a gauge rod or other measuring device that is specifically designed and calibrated to measure milk in the bulk tank. Immediately before using a gauge rod, the bulk milk weigher and sampler shall wipe it dry with a clean single-service disposable towel.

ATCP 82.10(8)(b) (b) A bulk milk weigher and sampler shall not measure the amount of milk in a dairy farm bulk tank until the milk is motionless. If the milk is being agitated, the bulk milk weigher and sampler shall turn off the agitator and wait for the milk to become completely motionless before measuring the milk.

ATCP 82.10(8)(c) (c) After measuring the milk with a gauge rod or other device, the bulk milk weigher and sampler shall use that measurement to calculate the weight or volume of milk in the bulk tank using the bulk tank manufacturer’s conversion chart. The bulk milk weigher and sampler shall record that weight or volume on a written collection record under sub. (10).

ATCP 82.10(9) (9) Milk sample for testing.

ATCP 82.10(9)(a) (a) Before milk is transferred from a dairy farm bulk tank to a bulk milk tanker, a bulk milk weigher and sampler shall collect a representative sample of that milk from the bulk tank for testing. The bulk milk weigher and sampler shall collect the test sample according to s. ATCP 82.12.

ATCP 82.10(9)(b) (b) No additional milk may be added to the bulk tank until after all of the following:

ATCP 82.10(9)(b)1. 1. Sampling and measuring has occurred.

ATCP 82.10(9)(b)2. 2. The pick-up of milk is complete.

ATCP 82.10(9)(b)3. 3. The pick-up hose is disconnected from the bulk tank.

ATCP 82.10(10) (10) Milk collection record. Whenever a bulk milk weigher and sampler collects a milk shipment from a dairy farm, the bulk milk weigher and sampler shall make a written or electronic collection record for that shipment. One duplicate or electronically-printed copy of the collection record shall be posted in the dairy farm milkhouse, and an identical copy shall be provided to the dairy plant operator when the milk is delivered to a dairy plant. The collection record shall be legibly signed or initialed by the bulk milk weigher and sampler and shall include all of the following:

ATCP 82.10(10)(a) (a) The milk producer’s dairy plant identification number.

ATCP 82.10(10)(b) (b) The bulk milk weigher and sampler’s license number and license expiration date.

ATCP 82.10(10)(c) (c) The date and time when the milk was sampled and collected.

ATCP 82.10(10)(d) (d) The temperature of the milk when collected, as determined by the bulk milk weigher and sampler under sub. (6).

ATCP 82.10(10)(e) (e) The weight or volume of milk collected, as determined by the bulk milk weigher and sampler under sub. (8).

ATCP 82.10(11) (11) Loading milk.

ATCP 82.10(11)(a) (a) After a bulk milk weigher and sampler has sampled milk from a dairy farm bulk tank under sub. (9) and prepared a complete collection record under sub. (10), the bulk milk weigher and sampler may transfer milk from that bulk tank to the bulk milk tanker. A bulk milk weigher and sampler may not collect milk from any container on a dairy farm other than from a bulk tank. Except as provided in par. (am), partial removal of milk from the bulk tank shall only be permitted if the bulk tank is completely emptied, cleaned, and sanitized prior to the addition of more milk to the bulk tank.