ATCP 65.36(3)(a) (a) No dairy plant operator may receive or ship any grade A milk or grade A fluid milk products transported in a bulk milk tanker, unless the bulk milk tanker operator holds a current grade A permit for that bulk milk tanker issued under s. 97.21 (2), Stats., and s. ATCP 82.02 (7) or issued by another state’s regulatory agency.

ATCP 65.36(3)(b) (b) Before a dairy plant operator unloads milk from a bulk milk tanker or commingles it with milk from another milk producer, the dairy plant operator shall test the bulk shipment for drug residues according to s. ATCP 65.72 (3).

ATCP 65.36(3)(c) (c) An on-farm dairy plant may not receive milk from the same dairy farm which is transported by means other than a bulk milk tanker unless each bulk shipment of milk is sampled and the milk is tested for drug residues according to s. ATCP 65.72 (3). After the sampling, all remaining unpasteurized milk shall be pasteurized and all equipment that contacted the unpasteurized milk shall be cleaned and sanitized before the next receipt of unpasteurized milk by the dairy plant. The sample of milk shall be obtained from one of the following locations:

ATCP 65.36(3)(c)1. 1. The dairy farm bulk milk tank or silo.

ATCP 65.36(3)(c)2. 2. An unpasteurized milk tank, silo, other unpasteurized milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

ATCP 65.36(4) (4) Grade A dairy plant may not receive grade B milk. A grade A dairy plant operator may not process grade B milk at a grade A dairy plant unless the division authorizes that processing in writing. A grade A dairy plant operator may not receive, transfer, or process grade A milk or dairy products through the same equipment used to receive, transfer, or process grade B milk or dairy products unless the dairy plant operator first rinses the equipment.

ATCP 65.36(5) (5) Manufactured dairy ingredients; approved sources. Manufactured dairy ingredients used in the manufacture or processing of dairy products shall originate from dairy plants licensed under s. 97.20, Stats., and this chapter, or licensed or inspected under laws of other states or nations deemed acceptable by the FDA.

ATCP 65.36(6) (6) Receiving facilities.

ATCP 65.36(6)(a) (a) A dairy plant’s facilities for receiving milk shipments shall be constructed and maintained in compliance with s. ATCP 65.24 and shall be separated from other areas of the dairy plant as required by s. ATCP 65.24 (7).

ATCP 65.36(6)(b) (b) An on-farm dairy plant may not receive milk from the same dairy farm unless the milk is transported in a bulk milk tanker and received in a facility complying with s. ATCP 65.24 or stored on the dairy farm in a bulk milk tank or silo that is directly connected to an raw milk tank, silo, other raw milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

ATCP 65.36(7) (7) Cleaning and sanitizing bulk milk tankers. A dairy plant operator shall ensure that bulk milk tankers transporting milk or dairy products to or from a dairy plant are cleaned and sanitized after each day’s use as required by s. ATCP 82.08.

ATCP 65.36(8) (8) Cleaning and sanitizing milk cans. If a dairy plant operator receives raw milk in cans, the dairy plant operator shall clean, sanitize, and thoroughly dry those cans before the cans are removed from the dairy plant for reuse. Can washing equipment shall be kept clean and in good repair.

ATCP 65.36 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728.

ATCP 65.38 ATCP 65.38 Collecting milk samples.

ATCP 65.38(1) (1) Sample required. A dairy plant operator who receives a milk shipment from a milk producer shall collect a representative milk sample from that shipment. Sufficient agitation or a milk sampling method approved by the division shall be used to ensure that the milk sample is representative of the milk shipment. A person licensed under s. 97.17 or 98.146, Stats., shall collect the sample before the dairy plant operator commingles the milk with milk from any other milk producer.

ATCP 65.38(2) (2) Sample collected at the dairy farm. A bulk milk weigher and sampler who collects a bulk milk shipment from a dairy farm shall collect the milk sample for the dairy plant operator, under sub. (1), in accordance with ch. ATCP 82. The bulk milk weigher and sampler shall promptly deliver the sample to the dairy plant operator, or to a milk testing laboratory designated by the dairy plant operator.

ATCP 65.38(3) (3) Sample collected from bulk transport container. A person who receives a bulk transport container at a dairy plant shall collect the milk sample for the dairy plant operator under sub. (1), in accordance with ch. ATCP 82. The person shall promptly deliver the sample to the dairy plant operator or to a milk testing laboratory designated by the dairy plant operator.

ATCP 65.38(4) (4) Increased sampling frequency. If milk from any dairy farm violates a standard under s. ATCP 65.70 on any single test, the dairy plant operator shall do any of the following:

ATCP 65.38(4)(a) (a) Collect and test a milk sample from that farm at least once every 2 days until a subsequent test shows that the violation has been corrected.

ATCP 65.38(4)(b) (b) Reject milk shipments from the producer, if the operator is required to reject those milk shipments under s. ATCP 65.70 (2) (f) or (4) or 82.10 (4).

ATCP 65.38 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (4) (b) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.40 ATCP 65.40 Storing and handling milk and dairy products.

ATCP 65.40(1) (1) General. Dairy products shall be protected from contamination and decomposition while being received, processed, handled, conveyed, or held at a dairy plant. Dairy products shall be received, processed, handled, conveyed, and held in a manner that keeps the products in a safe, wholesome, and unadulterated condition.

ATCP 65.40(2) (2) Storage temperatures.

ATCP 65.40(2)(a) (a) Milk and dairy products shall be stored at temperatures listed in pars. (b) to (e), unless the division has authorized alternative temperature limits in writing. An authorization by the division shall be valid for 5 years, and may be renewed upon a written request from the dairy plant operator.

ATCP 65.40(2)(b) (b) Except as provided under par. (e), unpasteurized grade A milk and grade A dairy products received for processing at a dairy plant shall be kept at a temperature of 45° F. (7° C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized grade A milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).

ATCP 65.40(2)(c) (c) Except as provided under par. (e), unpasteurized grade B milk and other grade B dairy products received for processing at a dairy plant shall be kept at a temperature of 50º F. (10º C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).

ATCP 65.40(2)(d) (d) Except as provided under par. (e), all pasteurized milk and dairy products, after being pasteurized, shall be cooled to a temperature of 45° F. (7° C.) or less and shall then be kept at that temperature at all times. This paragraph does not apply to a grade A cultured dairy product while being cultured, to a dried milk product, or to a grade A dairy product that is sterilized and packaged in a hermetically sealed package.

ATCP 65.40(2)(e) (e) No milk or dairy product may be held at a dairy plant for more than 4 hours at a temperature that is between 45° F. (7° C.) and 140° F. (60° C.). This paragraph does not apply to any of the following: