Chapter ATCP 82

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.

ATCP 82.10(11)(am) (am) Partial removal of milk from the bulk tank shall be permitted if all of the following apply:

ATCP 82.10(11)(am)1. 1. The bulk tank is equipped with a 7 day recording device approved by the department as specified in s. ATCP 65.14 (6).

ATCP 82.10(11)(am)2. 2. The bulk tank is cleaned and sanitized when emptied.

ATCP 82.10(11)(am)3. 3. The bulk tank is emptied at least every 72 hours.

ATCP 82.10(11)(am)4. 4. The bulk milk weigher and sampler indicates the time and date on the recorder chart when a partial pickup is made and when the bulk tank is emptied.

ATCP 82.10(11)(b) (b) After a bulk milk weigher and sampler has collected all of the milk from a bulk tank, the bulk milk weigher and sampler shall disconnect the milk hose from the bulk tank, cap the hose, and return the hose to its cabinet in the bulk milk tanker. The bulk milk weigher and sampler shall inspect the bulk tank for abnormal sediments, and shall report any abnormal sediments to the dairy plant operator.

ATCP 82.10(11)(c) (c) After the bulk milk weigher and sampler has disconnected the milk hose and inspected the empty bulk tank for abnormal sediments, the bulk milk weigher and sampler shall rinse the bulk tank and milkhouse floor with cold or lukewarm water unless the bulk tank is self-cleaning and includes a pre-rinse cycle as part of the self-cleaning process.

ATCP 82.10 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (2) (intro.), (c), (d), (f) and (6) (c), Register January 2008 No. 625, eff. 2-1-08; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2008 No. 625; CR 13-104: am. (1) (a), (b), (2) (intro.), (c) to (e), (3), (4) (b), (5) (a), renum. (5) (a) (intro.), 1. to 3. to (5) (intro.), (a) to (c) and am., r. (5) (b), am. (6) (to) (8), renum. (9) to (9) (a) and am., cr. (9) (b), am. (10) (intro.), (a), (b), (d), (e), (11) (a), cr. (11) (am), am. (11) (b), (c) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (6) (a) Register August 2016 No. 728, eff. 9-1-16; correction in (11) (am) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 82.12 ATCP 82.12 Milk samples for testing.

ATCP 82.12(1) (1) Sample required.

ATCP 82.12(1)(a) (a) A bulk milk weigher and sampler or other individual shall collect a sample of a producer’s milk before that milk is commingled with milk from any other producer. The bulk milk weigher and sampler or other individual who collects the sample shall be licensed under s. 98.146 or 97.17, Stats.

ATCP 82.12(1)(b) (b) A bulk milk weigher and sampler who collects milk from a dairy farm bulk tank shall collect the milk sample under par. (a). The bulk milk weigher and sampler shall collect the milk sample from the bulk tank before the bulk milk weigher and sampler transfers the bulk tank contents to a bulk milk tanker. The bulk milk weigher and sampler shall collect the sample according to sub. (2). The milk sample may not be commingled with a milk sample from any other bulk tank.

ATCP 82.12(1)(c) (c) If a milk producer milks directly to a bulk milk tanker, an individual licensed under s. 98.146 or 97.17, Stats., shall collect a milk sample under par. (a) from the bulk milk tanker before the tanker contents are commingled with milk from any other milk producer. The individual shall collect the sample according to sub. (3). The milk sample may not be commingled with a milk sample from any other bulk milk tanker or dairy farm bulk tank.

ATCP 82.12(2) (2) Sampling procedure; dairy farm bulk tanks. A bulk milk weigher and sampler shall comply with the following procedures when collecting a milk sample from a farm bulk tank under sub. (1) (b):

ATCP 82.12(2)(a) (a) The bulk milk hauler weigher and sampler shall collect the sample from the dairy farm bulk tank after the bulk tank contents have been thoroughly mixed to ensure that the sample is representative. If the bulk tank capacity is less than 1500 gallons, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler’s presence for at least 5 minutes before a sample is taken. If the bulk tank capacity is 1500 gallons or more, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler’s presence for at least 10 minutes before a sample is taken.

ATCP 82.12(2)(b) (b) The bulk milk weigher and sampler shall collect the sample using a method approved by the department or a sample dipper that is of sanitary design and construction, is clean, and in good repair. The dipper shall be cleaned, sanitized, and then dipped at least twice in the bulk tank milk before it is used to collect a sample. The bulk milk weigher and sampler shall sanitize the dipper in a sanitizing solution that is not less than 100 ppm nor more than 200 ppm chlorine or an equivalent sanitizing solution and shall comply with the label directions of the sanitizing solution.

ATCP 82.12(2)(c) (c) After dipping the milk sample from the bulk tank, the bulk milk weigher and sampler shall pour the sample into a sample container under sub. (4), and shall securely close the container. The container shall be labeled with the information required under sub. (5). When pouring the sample into its container, the bulk milk weigher and sampler shall take care not to contaminate the sample or spill milk back into the open bulk tank. The bulk milk weigher and sampler shall handle the sample container and cap aseptically.

ATCP 82.12(2)(d) (d) After collecting a milk sample, the bulk milk weigher and sampler shall immediately rinse the sample dipper with clean potable water.

ATCP 82.12(2m) (2m) Sampling procedure; bulk milk tanker. An individual shall comply with the following procedures when collecting a milk sample from a bulk milk tanker under sub. (1) (c), unless the department specifies a different procedure in its authorization under s. ATCP 65.16 (5):

ATCP 82.12(2m)(a) (a) The individual shall collect the sample at the dairy plant where the bulk milk shipment is first received, in a receiving facility that complies with s. ATCP 65.36 (6).

ATCP 82.12(2m)(b) (b) Before the individual collects the milk sample, the individual shall verify that the contents of the bulk milk tanker have been thoroughly mixed, immediately prior to sampling, to ensure that the entire contents are homogeneous at the time of sampling. The contents shall be mixed in a manner that is known to ensure homogeneity.

ATCP 82.12(2m)(c) (c) The individual shall follow the same procedures that apply, under sub. (2) (b) to (d) and subs. (4) to (6), to samples collected from dairy farm bulk tanks.

ATCP 82.12(3) (3) Temperature control sample. A bulk milk weigher and sampler shall collect 2 milk samples under sub. (1) at the first dairy farm where milk is collected for each bulk milk tanker load. The bulk milk weigher and sampler shall mark one of those samples as the temperature control sample for all samples pertaining to that load. The sample container for the temperature control sample shall be marked with the producer’s identification number, the bulk milk weigher and sampler’s initials, the date and time when the sample was collected, and the temperature of the milk in the farm bulk tank from which the sample was collected.

ATCP 82.12(4) (4) Sample containers. A sample container used to collect a milk sample under sub. (1) shall be all of the following:

ATCP 82.12(4)(a) (a) Made of non-toxic, transparent materials.

ATCP 82.12(4)(b) (b) Designed so that it can be securely closed.

ATCP 82.12(4)(c) (c) Large enough to hold milk for initial and repeat testing under s. ATCP 65.76, and large enough to permit thorough mixing of sample contents before testing.

ATCP 82.12(4)(d) (d) Labeled with the all of the information required under sub. (5), or designed so that the bulk milk weigher and sampler can easily mark that information on the sample container.

ATCP 82.12(4)(e) (e) Clean, commercially sterile, and dry at the time of use.

ATCP 82.12(4)(f) (f) Properly protected from contamination.

ATCP 82.12(5) (5) Sample identification. Immediately before a bulk milk weigher and sampler collects a milk sample under sub. (1), but before the bulk milk weigher and sampler opens the sample container, the bulk milk weigher and sampler shall clearly and indelibly label the sample container with all of the following information unless that information is already labeled on the sample container:

ATCP 82.12(5)(a) (a) A producer identification number, assigned by the dairy plant operator, that uniquely identifies the milk producer.

ATCP 82.12(5)(b) (b) The date when the sample was collected.

ATCP 82.12(6) (6) Care and delivery of milk samples.

ATCP 82.12(6)(a) (a) Immediately after a bulk milk weigher and sampler collects a milk sample under sub. (1), the bulk milk weigher and sampler shall place the sample container in a clean refrigerated carrying case in which the bulk milk weigher and sampler shall keep the sample at a temperature of 32 to 40°F. (0 to 4°C.). The carrying case shall be constructed of rigid metal or plastic, shall be effectively insulated and refrigerated to keep samples at the required temperature, and shall have racks designed to hold samples in a proper upright position. If sample containers are packed in ice or cold water to keep the samples refrigerated, the ice or water shall cover no more than 2/3 of each sample container.

ATCP 82.12(6)(b) (b) A bulk milk weigher and sampler who collects a milk sample under sub. (1) shall promptly deliver the sample to the dairy plant that receives the milk from the producer, or to a certified testing laboratory designated by the dairy plant operator.

ATCP 82.12 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: r. and recr. (1), am. (2) (title), (intro.) and (b), cr. (2m), Register January 2008 No. 625, eff. 2-1-08; CR 13-104: am. (1) (a), (b), (2), cons. (2m) (b) (intro.) and 2. and renum. to (b) (intro.) and am., r. (2m) (b) 1., am. (3), (4) (d), (5) (intro.), (6) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (2m) (intro.), (a), (4) (c) Register August 2016 No. 728, eff. 9-1-16.

ATCP 82.14 ATCP 82.14 Delivering milk to dairy plant.

ATCP 82.14(1) (1) Except in the event of a traffic accident, vehicle breakdown, or similar emergency, no milk from a bulk milk tanker may be unloaded from a bulk milk tanker or transferred to another bulk milk tanker at any place other than a dairy plant licensed under s. 97.20, Stats., and s. ATCP 65.04, or a dairy plant licensed under equivalent laws of another state. If milk is unloaded or transferred at any location other than a licensed dairy plant, the person having custody of the milk shall notify the department of that unloading or transfer before that milk is processed or shipped to any other location.

ATCP 82.14(2) (2) Milk shall be unloaded or transferred from a bulk milk tanker in a manner that avoids contamination of milk or milk contact surfaces. Air entering a bulk milk tanker when the tanker is unloaded shall be filtered to prevent contamination of milk and milk contact surfaces.

ATCP 82.14(3) (3) A bulk milk tanker shall be cleaned and sanitized when empty as provided under s. ATCP 82.08.

ATCP 82.14 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (3), Register January 2008 No. 625, eff. 2-1-08; CR 13-104: r. (3), renum. (4) to (3) and am. Register July 2014 No. 703, eff. 8-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 82.16 ATCP 82.16 False samples or records. No person may do any of the following, or conspire with another person to do any of the following:

ATCP 82.16(1) (1) Falsely identify any milk sample.

ATCP 82.16(2) (2) Submit a false or manipulated milk sample to a dairy plant operator or testing laboratory.

ATCP 82.16(3) (3) Submit, to a dairy plant operator or testing laboratory, a milk sample collected in violation of this chapter.

ATCP 82.16(4) (4) Misrepresent the amount of milk collected from a dairy farm, or falsify any record or report required under this chapter.

ATCP 82.16 History History: Cr. Register, November, 1994, No. 467, eff. 12-1-94.