ATCP 77.08(3)(a)(a) The department may not certify an operator to perform any test under s. ATCP 77.02 (1) or (2) unless the department has certified all of the analysts who perform that test at that laboratory.
ATCP 77.08(4)(4)Suspending or revoking certification. The department may suspend or revoke an operator’s certification for cause, including a violation of this chapter or failure to file required laboratory reports with other government agencies. The department shall comply with applicable requirements under ch. 227, Stats., and ch. ATCP 1.
ATCP 77.08 NoteNote: See ss. 93.06 (7) and 93.12, Stats.
ATCP 77.08(5)(5)Summary suspension. The food and recreational safety administrator may issue a written notice, summarily suspending all or part of an operator’s certification, if the food and recreational safety administrator finds in the suspension notice that the operator has not complied with this chapter, that the noncompliance poses an imminent threat to the health or safety of the public or laboratory workers, and that the noncompliance is likely to continue unless the food and recreational safety administrator summarily suspends the operator’s certification. The operator may contest the summary suspension according to s. ATCP 1.03 (3).
ATCP 77.08 HistoryHistory: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (5) Register May 2020 No. 773, eff. 6-1-20.
ATCP 77.10ATCP 77.10Laboratory facilities.
ATCP 77.10(1)(1)Adequate facilities. A certified laboratory shall have all of the following:
ATCP 77.10(1)(a)(a) Adequate facilities, equipment and supplies to perform the tests which the operator is certified to perform at that laboratory.
ATCP 77.10(1)(b)(b) At least 5 linear feet of level bench top working space per analyst.
ATCP 77.10(1)(c)(c) At least 50 foot candles of light on each bench top.
ATCP 77.10(1)(d)(d) Effective climate controls to maintain proper temperature and humidity for testing.
ATCP 77.10(2)(2)Quality control and maintenance. The operator of a certified laboratory shall do all of the following:
ATCP 77.10(2)(a)(a) Maintain laboratory facilities, equipment and supplies in proper working condition.
ATCP 77.10(2)(b)(b) Maintain temperature-controlled equipment, including incubators, water baths, refrigerators and freezers, so that the equipment functions effectively. The operator shall measure and record equipment temperatures at least daily when the equipment is in use and the laboratory is staffed with trained personnel.
ATCP 77.10(2)(c)(c) Maintain autoclaves to ensure proper temperature and pressure throughout the entire sterilization cycle, and keep a record of autoclave maintenance.
ATCP 77.10(2)(d)(d) Calibrate each electronic test instrument as recommended by the instrument manufacturer, and record the results.
ATCP 77.10(2)(e)(e) Ensure that each reagent and solution is clearly labeled to show its identity, its titer or concentration, its expiration or preparation date, instructions for proper storage, and other pertinent information. An operator shall store reagents and solutions according to the manufacturer’s specifications.
ATCP 77.10(2)(f)(f) Ensure that glassware is free of chips, excessive scratches or cloudiness. Glassware used for measurement, including pipettes, graduated cylinders and volumetric flasks, shall have clear graduations.
ATCP 77.10(3)(3)Notice of material changes. An operator shall notify the department whenever the operator remodels laboratory facilities or installs new equipment if the remodeling or installation materially affects the performance of tests under s. ATCP 77.02 which the operator is certified to perform at that laboratory.
ATCP 77.10 HistoryHistory: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 19-076: am. (2) (b) Register May 2020 No. 773, eff. 6-1-20.
ATCP 77.12ATCP 77.12Laboratory administrator. The laboratory administrator or a designated agent of the administrator shall be present at every certified laboratory during daytime business hours. The laboratory administrator shall do all of the following on behalf of the laboratory operator:
ATCP 77.12(1)(1)Supervise the laboratory and its compliance with this chapter.
ATCP 77.12(2)(2)Review and approve, for submission to the department, every certification application which the operator submits for that laboratory under s. ATCP 77.04.
ATCP 77.12(3)(3)Supervise the procurement and maintenance of laboratory facilities, equipment and supplies, and notify the department of material changes under s. ATCP 77.10 (3).
ATCP 77.12(4)(4)Facilitate department inspections of the laboratory. At the request of the department, the administrator shall grant the department access to laboratory facilities, equipment and records, and shall arrange for analysts to demonstrate their testing proficiency.
ATCP 77.12(5)(5)Notify the department of changes in laboratory analysts under s. ATCP 77.22 (10).
ATCP 77.12(6)(6)Notify all laboratory customers if the department suspends or revokes all or part of the laboratory’s certification.
ATCP 77.12(7)(7)Report test results to the appropriate regulatory agency, if required by law.
ATCP 77.12(8)(8)Supervise laboratory recordkeeping under s. ATCP 77.16.