ATCP 65.910ATCP 65.910 Inspection of dairy farms; general. ATCP 65.910(1)(1) Inspection by dairy plant operator. Before a dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter, submits a milk producer license application or a grade A permit application under s. ATCP 65.02 on behalf of a milk producer, the dairy plant operator shall inspect the dairy farm for compliance with the dairy farm standards under subch. II. The dairy plant operator, when submitting the producer’s license or permit application, shall include a copy of the dairy plant operator’s inspection report and shall certify that the dairy farm facilities comply with dairy farm standards under subch. II. The department may, at other times, require a dairy plant operator to inspect a dairy farm as necessary. ATCP 65.910(2)(2) Inspection by the division. The division shall inspect dairy farms for compliance with dairy farm standards under subch. II. The division shall inspect a grade A dairy farm at the frequency given in s. ATCP 65.912 and a grade B dairy farm at least once every year. For the purpose of conducting a lawful inspection under this chapter, the department may exercise its authority under ss. 93.08, 93.15 (2), and 97.12 (1), Stats. ATCP 65.910(3)(3) Variances. The division administrator, or the division administrator’s designee, may issue a written waiver granting a variance from a dairy farm standard under subch. II if the division determines that the variance is reasonable and necessary under the circumstances, it will not compromise the purpose served by the standard, and the milk producer does not hold a grade A farm permit. ATCP 65.910 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16. ATCP 65.912ATCP 65.912 Performance-based grade A dairy farm inspections. ATCP 65.912(1)(1) General. The division shall use the performance standards in this section to determine grade A dairy farm inspection frequency. The division shall evaluate each grade A dairy farm every 3 months, on the basis of information including inspection reports, milk quality tests, and department compliance actions taken during the preceding 12 months. As provided in subs. (2) to (5), the division shall place each dairy farm in one of the following categories: ATCP 65.912(2)(2) Twelve-month inspection interval. The division shall inspect a grade A dairy farm in the twelve-month inspection interval category at least once every 12 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months: ATCP 65.912(2)(a)(a) None of the milk producer’s reported standard plate count (SPC) results exceed 25,000 per ml., except that one reported SPC result may exceed 25,000 per ml. if it is not more than 100,000 per ml. ATCP 65.912(2)(b)(b) None of the milk producer’s reported somatic cell count (SCC) results exceed 500,000 per ml. ATCP 65.912(2)(d)(d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard. ATCP 65.912(2)(e)(e) The department has not suspended the producer’s grade A dairy farm permit or milk producer license. ATCP 65.912(2)(g)(g) The milk producer has not violated any milk temperature or cooling standards under this chapter. ATCP 65.912(3)(3) Six-month inspection interval. The division shall inspect a grade A dairy farm in the six-month inspection interval category at least once every 6 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months: ATCP 65.912(3)(d)(d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard. ATCP 65.912(3)(e)(e) The department has not suspended the producer’s grade A dairy farm permit or milk producer license. ATCP 65.912(3)(g)(g) The milk producer has not violated any milk temperature or cooling standards under this chapter. ATCP 65.912(4)(a)(a) The division shall inspect a grade A dairy farm in the four-month inspection interval category at least once every 4 months. The division shall place a dairy farm in this category if subs. (2), (3), and (5) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months: