ATCP 65.52(3)(3)The sale or distribution of unpasteurized milk, produced on a dairy farm, to the employees of that dairy farm.
ATCP 65.52(4)(4)The incidental sale of unpasteurized milk to a consumer at the dairy farm where the milk is produced. A sale is not incidental if the consumer subsequently sells the milk or distributes the milk, other than distribution for consumption by the consumer, the consumer’s family, or the consumer’s nonpaying household guests. A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer or solicitation made to the general public through any communications medium.
ATCP 65.52 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.54ATCP 65.54Pasteurization required.
ATCP 65.54(1)(1)Except as provided under sub. (2), every dairy product shall be pasteurized at the dairy plant where that dairy product is manufactured.
ATCP 65.54(2)(2)Subsection (1) does not apply to any of the following:
ATCP 65.54(2)(a)(a) A dairy product shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the shipment is accompanied by a bill of lading that identifies the dairy product as unpasteurized.
ATCP 65.54(2)(b)(b) A dairy product made entirely from dairy products that have been pasteurized at the same dairy plant.
ATCP 65.54(2)(c)(c) Ice cream or frozen dessert made from pasteurized ice cream mix or pasteurized frozen-dessert mix, provided that no unpasteurized dairy product is added to the pasteurized mix.
ATCP 65.54(2)(d)(d) A dairy product for which the standard of identity provides that the dairy product and its ingredients need not be pasteurized.
ATCP 65.54(2)(e)(e) A dairy product that is sterilized and packaged in a hermetically sealed package.
ATCP 65.54(2)(f)(f) Cream, skim milk, or low-fat milk that have been treated with heat to an extent less than pasteurization, and then shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the bulk shipment is accompanied by a bill of lading that identifies the contents of the bulk shipment as being unpasteurized and heat-treated. The heat-treated cream, skim milk, or low-fat milk may be heated not more than once for separation purposes, to a temperature that is not less than 125° F. (52° C.) nor more than 161° F. (72° C.). Heat-treated cream may be heated to a greater extent, up to a temperature of 166° F. (75° C.) in a continuing heating process, if further heating is necessary to deactivate enzymes for functional reasons. Cream, skim milk, and low-fat milk, after being heated to an extent less than pasteurization, shall immediately be cooled to a temperature of 45° F. (7° C.) or less.
ATCP 65.54(2)(g)(g) Dried condensed whey produced by drying condensed whey that was previously pasteurized at another dairy plant, provided that all of the following apply:
ATCP 65.54(2)(g)1.1. The pasteurized condensed whey received for drying contained at least 40% total solids, and was partially crystallized by cooling at the dairy plant where it was pasteurized.
ATCP 65.54(2)(g)2.2. The partially crystallized condensed whey was kept at a temperature of 45° F. (7° C.) or less prior to drying.
ATCP 65.54(2)(g)3.3. The bulk milk tanker used to transport the partially crystallized condensed whey was washed and sanitized immediately before filling, was sealed immediately after filling, and remained sealed until it was unloaded at the receiving dairy plant.
ATCP 65.54(2)(g)4.4. The receiving dairy plant unloaded the partially crystallized condensed whey using unloading pumps and pipelines that are used only for that purpose and have been cleaned and sanitized as a separate C-I-P circuit before use in unloading.
ATCP 65.54(2)(h)(h) Grade B dairy products produced by adding previously pasteurized and dried dairy products with a water activity not greater than 0.85 to previously pasteurized grade B dairy products, if approved in writing by the division.
ATCP 65.54(2)(i)(i) Grade B dairy products produced by adding previously pasteurized packaged dairy products to previously pasteurized grade B dairy products, if approved in writing by the division.
ATCP 65.54(3)(3)A dairy product, required to be pasteurized under sub. (1), shall be pasteurized by, or under the direct supervision of, a pasteurizer operator who has successfully completed any of the following:
ATCP 65.54(3)(a)(a) A pasteurization training course, of at least 8 hours duration, provided by the University of Wisconsin or an equivalent course approved by the division.
ATCP 65.54(3)(b)(b) A competency examination approved by the division.
ATCP 65.54(4)(4)If a dairy product standard of identity requires that any ingredient of that product be pasteurized, the ingredient shall be pasteurized according to s. ATCP 65.58.
ATCP 65.54(5)(5)Except as provided in subs. (6) to (8), a dairy product that is required to be pasteurized under sub. (1) or (4) shall be pasteurized before it is introduced into any membrane or condensing processing system.
ATCP 65.54(6)(6)Subsection (5) does not apply to grade B whey or whey product if at least one of the following applies:
ATCP 65.54(6)(a)(a) The whey or whey product is derived from milk pasteurized in the same dairy plant.
ATCP 65.54(6)(b)(b) The whey is acid whey, which has a pH less than 4.7 when drawn from the curd.
ATCP 65.54(6)(c)(c) The whey or whey product is processed in a membrane processing system that complies with sub. (9) and is designed and maintained to keep the whey or whey product at a temperature of 65° F. (18.3° C.) or below during processing. If the whey or whey product temperature exceeds 65° F. (18.3° C.) for more than 15 minutes during processing, or exceeds 70° F. (21.1° C.) at any time during processing, the whey or whey product shall be immediately diverted from moving beyond the membrane processing system by means of automatic controls. The diverted product shall be treated in one of the following ways:
ATCP 65.54(6)(c)1.1. Recycled through the membrane processing system and subjected to cooling. The diverted product may proceed beyond the membrane processing system when the product temperature falls to 65° F. (18.3° C.) or below.