ATCP 65.68(6)(d)2. 2. The dairy plant operator shall store each test sample at a temperature below 45° F. (7° C.) until it is tested and shall analyze each sample within 48 hours after it is collected.

ATCP 65.68(6)(d)3. 3. The dairy plant operator shall analyze each sample using the Fluorophos ALP method, the Charm Paslite Alkaline Phosphatase method, or another test method approved in writing by the division.

ATCP 65.68(6)(d)4. 4. Tests shall be performed by an individual who is trained to conduct phosphatase tests on milk. If the dairy plant is a grade A dairy plant, tests shall be performed by a laboratory that the department has certified under ch. ATCP 77 or the PMO.

ATCP 65.68(7) (7) Emergency testing and sealing.

ATCP 65.68(7)(a) (a) The division may certify a dairy plant operator or employee to test and seal a pasteurization system in that dairy plant on an emergency basis under par. (b). To be certified under this paragraph, a dairy plant operator or employee shall have successfully completed a training course approved by the division. The division may suspend or revoke certification for cause.

ATCP 65.68(7)(b) (b) A dairy plant operator or employee certified under par. (a) may test and seal a pasteurization system in that dairy plant on an emergency basis, pending retesting and resealing by the division, under par. (c), if emergency testing and sealing is necessary to continue pasteurizing operations after the department’s seal is broken. Testing under this paragraph shall comply with the procedure specified under sub. (2).

ATCP 65.68(7)(c) (c) The division shall promptly retest and reseal a pasteurization system after the division receives notice, under sub. (6) (a), that its seal applied to that system has been broken. The division shall retest and reseal a pasteurization system, under this paragraph, regardless of whether the pasteurization system has been tested and sealed under par. (b). The division need not retest or reseal a pasteurization system that is withdrawn from service.

ATCP 65.68 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

subch. V of ch. ATCP 65 Subchapter V — Safety and Quality Standards

ATCP 65.70 ATCP 65.70 Milk quality standards for milk collected from a dairy farm. Milk received or collected from a dairy farm shall comply with all of the following standards at the time of receipt or collection:

ATCP 65.70(1) (1) Adulteration and odors. The milk shall not be visibly or otherwise adulterated, have any objectionable odor, or be abnormal in appearance or consistency.

ATCP 65.70(2) (2) Bacterial count.

ATCP 65.70(2)(a) (a) Limits. The bacterial count of grade A milk, as determined by a standard plate count, plate loop count or other method approved by the division under this subchapter, shall not exceed 100,000 per ml. The bacterial count of grade B milk shall not exceed 300,000 per ml. Except as provided under par. (f), a dairy plant operator is not required to reject milk shipments in response to a violation of this subsection unless the division suspends or revokes the milk producer’s license or grade A producer permit, or issues an order affecting the milk shipments under s. ATCP 65.927.

ATCP 65.70(2)(b) (b) Monthly testing required. During every month in which a dairy plant operator or a milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall perform at least one standard plate count (SPC) or plate loop count (PLC) on a milk sample obtained from the producer under s. ATCP 82.12. A dairy plant operator shall perform tests under this section and s. ATCP 65.76 on the same milk samples.

ATCP 65.70(2)(c) (c) New milk producer; initial testing. A dairy plant operator or a milk contractor licensed as a dairy plant shall perform a SPC or PLC on a milk sample collected from the first milk shipment received from a milk producer. The dairy plant operator shall report the test result to the department and the milk producer within 7 days after the dairy plant operator obtains the test result.

ATCP 65.70(2)(d) (d) Monthly reporting. For each month in which a dairy plant operator or milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall report to the division and the milk producer at least one representative test result under par. (b) for a milk shipment procured in that month. The dairy plant operator shall report the test result within 7 days after the operator obtains the test result.

ATCP 65.70(2)(e) (e) Representative test results. A test result is not representative, for reporting purposes under this subsection unless all the following apply:

ATCP 65.70(2)(e)1. 1. The dairy plant operator collects the test sample according to a uniform sampling schedule that the operator applies to all milk producers who ship milk to the operator’s dairy plant.

ATCP 65.70(2)(e)2. 2. The dairy plant operator reports the test result according to standard reporting criteria that the operator applies to all milk producers who ship milk to the dairy plant operator’s dairy plant.

ATCP 65.70(2)(f) (f) Immediate response level; reporting and follow-up. If a bacterial count under this section or s. ATCP 65.76 exceeds 750,000 per ml., the dairy plant operator shall do all the following:

ATCP 65.70(2)(f)1. 1. Report the test result to the division and the milk producer within 3 business days after the operator obtains the test result.

ATCP 65.70(2)(f)2. 2. Perform a confirmatory bacteriological test on at least one more sample of milk collected from the milk producer’s dairy farm. The dairy plant operator shall collect the confirmatory sample within 14 days after the date on which the dairy plant operator collected the original sample. The dairy plant operator shall report the confirmatory test result to the division and the milk producer within 3 business days after the operator obtains the test result.

ATCP 65.70(2)(f)3. 3. Reject milk shipments from the dairy farm if the confirmatory test shows a bacterial count in excess of 750,000 per ml. The milk producer may not ship milk from the dairy farm to any dairy plant until a dairy plant operator conducts another test and finds that milk from the farm has a bacterial count not more than 750,000 per ml.

ATCP 65.70(2)(g) (g) Division inspection; reinspection fee. The division may inspect a dairy farm in response to any bacterial count reported to the division under this section. If the division inspects a dairy farm in response to a confirmatory bacterial count of more than 750,000 per ml. under par. (f), the division shall charge a reinspection fee under s. ATCP 65.02 (19). The division may not charge a reinspection fee if the confirmatory bacterial count does not exceed 750,000 per ml., or if the division inspects more than 3 weeks after the division receives the confirmatory bacterial count.

ATCP 65.70 Note Note: Under s. ATCP 65.920 the department will suspend a producer’s grade A farm permit if 3 of the last 5 bacterial counts reported to the department under this section exceed the grade A standard of 100,000 per ml. under s. ATCP 65.70 (2). The department will suspend the producer’s grade A permit regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section.

ATCP 65.70 Note Note: Under s. ATCP 65.920 the department may suspend a milk producer’s license if bacterial counts continue to exceed the grade B standard of 300,000 per ml. under s. ATCP 65.70 (2). The department may suspend the producer’s license regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section. If 2 of the last 4 bacterial counts reported to the department under this section exceed the grade B standard of 300,000 per ml., the department will, at a minimum, send a warning notice to the producer.

ATCP 65.70(2)(h) (h) Laboratory reporting. A laboratory that performs tests under this section for a dairy plant operator may report the test results for the dairy plant operator.

ATCP 65.70(2)(i) (i) Electronic reporting. A dairy plant operator or laboratory shall report test results under this section in an electronic form approved by the division.

ATCP 65.70(3) (3) Drug residues. The milk shall not contain any drug residue. A dairy plant operator or milk contractor licensed as a dairy plant shall test each load of milk received from each milk producer for drug residues in accordance with s. ATCP 65.72.