Chapter ATCP 82

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.