ATCP 65.922(3)(3) Investigation. After the division issues a warning notice under sub. (1), the division representative shall conduct an investigation to determine the cause of the drug residue violation and to identify milk producer actions that may be necessary to prevent future violations. The division may direct the dairy plant operator or milk contractor who procures milk from the milk producer to conduct the investigation as the division’s agent and report its findings to the division, in writing.

ATCP 65.922(4)(4) Deadline and penalties after a second violation within 12 months. If, at least 24 hours and not more than 12 months after a confirmed positive drug test result is reported to the division, the division receives a notice under s. ATCP 65.72 (9) of another confirmed positive drug residue test result on a milk sample from a shipment received from the dairy farm operating under the same milk producer license, a warning notice under sub. (1) (a) shall be mailed to the milk producer. The warning notice takes effect 3 business days after it is mailed and shall include the information under sub. (1) (a), (c), and (d). The warning notice shall state that the department shall suspend the milk producer license under s. ATCP 65.920 for at least 5 days unless the milk producer agrees within 15 days of the warning notice taking effect to do all of the following:

ATCP 65.922(4)(a)(a) Discard one shipment of milk, as defined by the department, pursuant to s. ATCP 65.72 (7), or pay a civil forfeiture for the maximum amount, under s. 97.72 (2), Stats., for one violation of this subsection.

ATCP 65.922(4)(b)(b) Attend and present a certificate of completion for a drug residue prevention course approved by the department within 180 days of the warning notice taking effect. The certificate of course completion shall be signed by the milk producer, a licensed veterinarian, and the field representative of the dairy plant to which the milk producer’s milk is shipped.

ATCP 65.922(5)(5) Deadline and penalties after a third violation within 12 months. If, at least 24 hours after a second confirmed positive drug residue test result is reported to the division under sub. (4), and not more than 12 months after a first confirmed positive drug residue test result is reported to the division under sub. (4), the division receives a notice under s. ATCP 65.72 (9) of another confirmed positive drug residue test result on a milk sample received from the dairy farm operating under the same milk producer license, a warning notice under sub. (1) (a) shall be mailed to the milk producer. The warning notice takes effect 3 business days after it is mailed and shall include the information under sub. (1) (a), (c), and (d). The warning notice shall state that the department shall suspend the milk producer’s grade A producer permit, under s. ATCP 65.920, for at least 10 days unless the milk producer agrees within 15 days of the warning notice taking effect to do all of the following:

ATCP 65.922(5)(a)(a) Discard two shipments of milk, as defined by the department, pursuant to s. ATCP 65.72 (7), or pay a civil forfeiture for the maximum amount, under s. 97.72 (2), Stats., for two violations of this subsection.

ATCP 65.922(5)(b)(b) Develop and implement a drug residue prevention program approved by the department and present documentation indicating that this program has been implemented for at least 90 days after the warning notice taking effect.

ATCP 65.922 NoteNote: The drug residue prevention course shall cover proper administration of animal medications, be approved by the department, and require collaboration between the milk producer and a licensed veterinarian.

ATCP 65.922(6)(6) Right to informal hearing. If a milk producer receiving a warning notice under this section disputes the drug residue findings on which the notice is based, the milk producer may request an informal hearing to discuss the drug residue findings. A request for hearing does not automatically stay the warning notice. If the milk producer requests an informal hearing, the division shall hold an informal hearing at the division’s office or by telephone. The division shall hold the informal hearing within 20 days after the division receives the request for hearing, unless the milk producer agrees to a later hearing date. The division may withdraw a warning notice if it appears that the notice was not justified.

ATCP 65.925ATCP 65.925 Suspension notice; requirements. Whenever the division suspends a milk producer license under s. ATCP 65.920 (3), or a grade A producer permit, under s. ATCP 65.920 (6) or 65.922 (2) or, the suspension notice shall comply with all of the following requirements:

ATCP 65.925(1)(1) Issued by authorized person. A suspension notice shall be issued by one of the following:

ATCP 65.925(2)(2) Reason for suspension. A suspension notice shall specify the reasons for which the suspension notice is issued.

ATCP 65.925(3)(3) Term of suspension; reinstatement requirement. A suspension notice shall indicate the term of the suspension or, if the suspension is for an indefinite term, the conditions that the milk producer must meet in order to obtain reinstatement of the milk producer license or grade A producer permit. Conditions for reinstatement shall be reasonably related to the reasons for which the license or permit is suspended. A summary license suspension notice under s. ATCP 65.920 (2) may authorize a dairy plant operator to receive milk from the suspended milk producer directly or via a milk contractor, on a conditional basis, pending full reinstatement of the milk producer’s license, provided that the dairy plant operator or milk contractor performs inspections or tests specified in the suspension order.

ATCP 65.925(4)(4) Reinstatement application form. A notice suspending a grade A producer permit, under s. ATCP 65.920 (6) (a), shall be accompanied by a reinstatement application form which may be used by the affected milk producer to apply for reinstatement of the milk producer’s grade A producer permit. The form shall include a statement, to be signed by the affected milk producer, that all requirements for the reinstatement of the grade A producer permit have been met to the best of the milk producer’s knowledge. If a milk producer requests a hearing on a suspension under s. ATCP 65.928, a request for reinstatement under this subsection does not constitute an admission or waiver by the milk producer with respect to any fact, issue or cause of action.

ATCP 65.925(5)(5) Notice of right to hearing. A suspension notice shall include a notice that the milk producer may request a hearing on the suspension, as provided under s. ATCP 65.928.

ATCP 65.925(6)(6) Service on milk producer. A suspension notice shall be served on the affected milk producer by one of the following methods:

ATCP 65.925(6)(b)(b) By mailing the notice to the milk producer. Service may be proved by an affidavit of mailing or by a return receipt signed by the milk producer. Absent proof of later delivery, a notice served by mail is considered served three business days after the date of mailing.

ATCP 65.925(6)(c)(c) For a notice suspending a grade A producer permit, under s. ATCP 65.920 (6), by posting the suspension notice in a prominent location in the milk producer’s milkhouse. A notice posted in the milkhouse under this paragraph is considered served at the time of posting.

ATCP 65.925(7)(7) Copy provided to dairy plant operator. A copy of every suspension notice shall be mailed or delivered to the dairy plant operator or milk contractor who normally procures milk from the milk producer at least three days before the start of the suspension. Failure to mail or deliver a copy to the dairy plant operator or milk contractor does not invalidate a suspension notice.

ATCP 65.926(1)(1) The department may suspend or revoke a dairy plant license or grade A dairy plant permit, as provided in s. 93.06 (7), Stats., except as provided under sub. (2), the department may not suspend or revoke a dairy plant license or grade A dairy plant permit 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 dairy plant license or grade A dairy plant permit. Pending completion of the proceedings, the secretary or the secretary’s designee may issue interim orders as necessary to protect the public health, safety and welfare. If an inspection is required for the reinstatement of a dairy plant license or grade A dairy plant permit that is suspended or revoked under this section, the department shall charge a reinspection fee, under s. ATCP 65.02 (19), for the inspection.