ATCP 65.912(4) (4) Four-month inspection interval.

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:

ATCP 65.912(4)(a)1. 1. At least one load of milk shipped by the milk producer has been found to contain a drug residue.

ATCP 65.912(4)(a)2. 2. At least one violation for improper milk cooling under s. ATCP 65.18 (4), drug use and storage under ss. ATCP 65.20 (5) and 65.22 (8), or cleaning and sanitization of utensils and equipment under s. ATCP 65.12 was noted during the most recent inspection.

ATCP 65.912(4)(b) (b) Once the division places a dairy farm in the four-month inspection interval category, the division may not reassign the dairy farm to any inspection category under sub. (2) or (3) until a date that is at least 12 months after the division’s next 3-month evaluation of the dairy farm under this section.

ATCP 65.912(5) (5) Three-month inspection interval.

ATCP 65.912(5)(a) (a) The division shall inspect a grade A dairy farm in the three-month inspection interval category at least once every 3 months. The division shall place a dairy farm in this category if subs. (2) to (4) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, or department compliance actions, during the preceding 12 months:

ATCP 65.912(5)(a)1. 1. The department issued more than one warning to the milk producer under s. ATCP 65.920 (5).

ATCP 65.912(5)(a)2. 2. The department issued more than one warning to the milk producer under s. ATCP 65.922 (1).

ATCP 65.912(5)(a)3. 3. The division conducted more than one reinspection of the dairy farm.

ATCP 65.912(5)(a)4. 4. The department suspended the milk producer’s license or grade A dairy farm permit.

ATCP 65.912(5)(b) (b) Once the division places a dairy farm in the 3-month inspection interval category under par. (a), the division may not reassign the dairy farm to any inspection category under subs. (2) to (4) until a date that is at least 12 months after the division’s next 3-month evaluation of the dairy farm under this section.

ATCP 65.912 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (c), (3) (b), (c) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.920 ATCP 65.920 Suspension or revocation of grade A producer permit or milk producer license.

ATCP 65.920(1) (1) General. The department may suspend or revoke a milk producer’s license, as provided in s. 93.06 (7), Stats. The suspension or revocation of a milk producer’s license also suspends or revokes a grade A producer permit held by the milk producer. A dairy plant shall not receive milk from a milk producer whose milk producer’s license is suspended or revoked.

ATCP 65.920(2) (2) Order for suspension or revocation. Except when a summary suspension is ordered as provided under sub. (3), the department may not suspend or revoke a milk producer’s license except by order of the secretary or the secretary’s designee, as provided in ch. ATCP 1, after notice and opportunity for hearing under subch. III of ch. 227, Stats. The division may file a written complaint with the department, seeking the suspension or revocation of a milk producer’s license. Pending completion of the suspension or revocation, the secretary or secretary’s designee may issue interim orders as necessary to protect the public health, safety, and welfare.

ATCP 65.920(3) (3) Summary suspension by the division. The division may issue a written notice summarily suspending a milk producer’s license if the division makes a written finding in its suspension notice that the milk producer has refused to permit inspection or sampling authorized by law, or that one or more conditions in pars. (a) to (e) are present, or one or more conditions indicate the sale or shipment of milk from the milk producer’s dairy farm poses an imminent hazard to public health and there is a reasonable likelihood that the hazard will continue if the milk producer’s license is not summarily suspended. A summary suspension notice shall comply with s. ATCP 65.925 and becomes effective when served on the milk producer. A milk producer served a summary suspension may request a hearing on the summary suspension notice, as provided in s. ATCP 65.928.

ATCP 65.920(3)(a) (a) An inspection of the milk producer’s dairy farm reveals gross violations of dairy farm standards under subchapter II, or reveals violations that constitute an acute hazard to public health.

ATCP 65.920(3)(b) (b) A confirmed standard plate count or plate loop count on the milk producer’s milk exceeds 1,000,000 per ml.

ATCP 65.920(3)(c) (c) Milk from the milk producer’s dairy farm is reasonably believed to contain pesticides or toxic substances that may be harmful to humans.

ATCP 65.920(3)(d) (d) An infectious disease, transmissible to humans through milk, is diagnosed by a licensed veterinarian in the milk producer’s herd.

ATCP 65.920(3)(e) (e) The producer has not made an agreement with the division for the disposition of violations, as required in any warning notice issued under s. ATCP 65.922 (4) or (5).

ATCP 65.920(4) (4) Inspection before reinstatement; reinspection fee. If an inspection is required for reinstatement of a grade A producer permit or milk producer license that is suspended or revoked under this section, the department shall charge a reinspection fee under s. ATCP 65.02 (19) for the inspection.

ATCP 65.920(5) (5) Warning notice preceding a suspension of a grade a milk producer permit.

ATCP 65.920(5)(a) (a) The division shall mail, serve in person, or prominently post in the milkhouse a written warning to a milk producer holding a Grade A milk producer permit whenever any of the following occurs:

ATCP 65.920(5)(a)1. 1. Two of the last 4 bacterial counts reported to the division under s. ATCP 65.70 (2) (d) exceed 100,000 per ml., in violation of the standard for grade A milk under s. ATCP 65.70 (2).

ATCP 65.920(5)(a)2. 2. Two of the last 4 somatic cell counts reported to the division under s. ATCP 65.70 (4) (e) exceed 750,000 per ml., for cow or sheep milk, or 1,000,000 per ml. for goat milk, in violation of the standard under s. ATCP 65.70 (4).

ATCP 65.920(5)(a)3. 3. Two of the last 4 milk temperature readings violate standards for grade A milk under s. ATCP 65.70 (5).

ATCP 65.920(5)(a)4. 4. A division representative finds a key violation as defined in s. ATCP 65.01 (33) during an inspection, including one or more repeat violations during 2 consecutive inspections, on a grade A dairy farm.