ATCP 65.70(5)(5) Temperature. The temperature of milk received or collected from a dairy farm more than 2 hours after the most recent milking shall not exceed 45° F. (7° C.), or 50° F. (10° C.) in the case of grade B milk in cans. The temperature of blended milk, consisting of milk from 2 or more milkings, that was received or collected less than 2 hours after the most recent milking shall not exceed 45° F. (7° C.) ATCP 65.70(6)(6) Pesticides and toxic substances. The milk shall be free of pesticides and toxic substances. ATCP 65.70 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (4) made under s. 35.17, Stats., Register August 2016 No. 728. ATCP 65.72(1)(1) Monthly testing of producer milk shipments. During every month in which a dairy plant or milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall perform a drug residue test on a milk sample obtained from that producer under s. ATCP 82.12. The drug residue test shall be sensitive, at a minimum, to beta lactam drug residues. ATCP 65.72(2)(2) New milk producer; initial testing. A dairy plant operator or milk contractor licensed as a dairy plant shall perform a drug residue test on a milk sample collected from the first milk shipment received from a milk producer. The drug residue test shall be sensitive, at a minimum, to beta lactam drug residues and any other drug residues for which testing is required under sub. (3) (b) If the sample tests positive for any drug residue, the dairy plant operator shall report the result to the division and the producer within the time prescribed in sub. (9). ATCP 65.72(3)(a)(a) Beta lactam drug residues; routine bulk load testing. Every dairy plant operator shall perform a drug residue test on every bulk load of raw milk offered for sale upon delivery at that dairy plant. The drug residue test shall be approved by the division and detect, at a minimum, beta lactam drug residues. ATCP 65.72(3)(b)1.1. In addition to performing routine beta lactam tests under par. (a), the operator of a dairy plant shall randomly test bulk milk deliveries received at that dairy plant for other drug residues whenever random testing is required by the division under subd. 2. The random testing program shall be designed so that, during any consecutive 6-month period, a milk shipment from each producer is included in at least 4 separate bulk load tests in each of 4 separate months. ATCP 65.72(3)(b)2.2. The division may issue a periodic written notice to dairy plant operators, requiring dairy plant operators to perform random tests under subd. 1. for drug residues specified in the division’s notice. The division shall issue the same notice to every dairy plant licensed by the department. The notice shall specify the effective date of the random testing requirements and the period of time during which the random testing requirements remain in effect. ATCP 65.72(3)(b)3.3. A dairy plant operator may test a bulk milk delivery to detect residues of one or more drugs for which the division has not required testing under subd. 2. The dairy plant shall follow the procedures in pars. (c), (d), and (e). ATCP 65.72(3)(c)(c) Bulk load testing procedure. Whenever a dairy plant operator performs a drug residue test on a bulk load of milk under par. (a) or (b), the operator shall perform the test on a sample taken from the bulk milk tanker. Sufficient agitation or a milk sampling method approved by the division shall be used to ensure that the sample is representative of the contents of the tanker. The test shall be completed before the bulk load is commingled with any other producer’s milk and before any of the milk in the bulk load is processed. For testing purposes under pars. (a) and (b), a milk shipment received in cans is considered a bulk load. ATCP 65.72(3)(d)(d) Responsibility for follow-up testing. If a bulk load of milk yields a confirmed positive test result for drug residue, and if the dairy plant receiving that milk from producers is not the dairy plant to which those producers are assigned for licensing purposes, under s. ATCP 65.02, the operator of the receiving dairy plant shall immediately notify the operator of the assigned dairy plant. The assigned dairy plant is responsible for performing follow-up tests on producer samples under sub. (4), and for rejecting producer shipments under sub. (5). ATCP 65.72(3)(e)(e) Testing with an unapproved method. If the dairy plant uses a testing method that is not approved by the division and detects residues of one or more drugs for which the division has not required testing, under par. (b), that result shall be treated as a valid test result and reported to the division. The test result shall then either be confirmed under sub. (4) using a drug residue detection method approved by the division or the milk must be discarded under sub. (5). The dairy plant may recover the milk value, under sub. (6), if the confirmatory test result is obtained using a drug residue detection method approved by the division. ATCP 65.72(3)(f)(f) Testing of frozen sheep milk for drug residues. A sheep milk producer intending to freeze the sheep milk before shipment must either sample or test the sheep milk for drug residues before bagging and freezing the sheep milk. The sample or test result must remain with the bag or bags of frozen sheep milk to which the sample or test result pertains. Each bag of frozen sheep milk shall be labeled to indicate the grade of milk, the dairy plant receiving the milk, the sheep milk producer, the total number of bags to which the sample or test result pertains, and the date on which the bag was filled with sheep milk. Sheep milk samples must be frozen within 24 hours of sampling, must be maintained at -15° C. (5° F.) or colder (documentation of storage temperature maintained) and must be tested with 60 days of sampling. ATCP 65.72(4)(4) Drug residue found in bulk load; follow-up testing. If a bulk load of milk yields a confirmed positive test result for drug residue under sub. (3), the dairy plant operator shall perform a drug residue test on each of the individual milk producer samples collected for that bulk load under s. ATCP 82.12. The dairy plant operator shall test each milk producer’s sample before collecting any further milk from that producer. The drug residue test performed on each producer sample shall be sensitive to the same drug residue that was detected in the bulk load. If a milk producer’s sample tests positive for any drug residue, the dairy plant operator shall perform a confirmatory test using the same test method and sample. The dairy plant operator shall perform the confirmatory test in duplicate, with single positive and negative controls. If either confirmatory test result is positive for a drug residue, the milk producer’s sample is considered positive for that drug residue. ATCP 65.72(5)(5) Drug residue found in bulk load; load rejected. If a bulk load of milk from one or more milk producers yields a confirmed positive test result for drug residue under sub. (3), the dairy plant operator shall reject the entire bulk load. Milk from a rejected bulk load may not be used for human food. The dairy plant operator shall denature or take responsibility for disposing of the rejected bulk load in a manner that precludes its use for human food. ATCP 65.72(6)(6) Rejected bulk load; dairy plant recovery from producers or milk contractors. ATCP 65.72(6)(a)(a) Dairy plant loss recovery. If a dairy plant operator properly rejects a bulk load of milk under sub. (5), the dairy plant operator may recover the value of that bulk load from producers whose milk samples, representing milk shipments contained in that bulk load, yield a confirmed positive test result for drug residue under sub. (4). If the milk has been procured by the dairy plant from a milk contractor, the dairy plant operator may recover the value of that bulk load from the milk contractor, who may then recover the value of that bulk load from the milk producers. The dairy plant operator may recover what would have been the value of the bulk load, had the load not yielded a confirmed positive test result for drug residue. The dairy plant operator shall also recover any additional bulk load disposal, transportation, and testing costs that the dairy plant operator incurs because the bulk load yielded a confirmed positive test result for drug residue. ATCP 65.72(6)(b)(b) Pro rata recovery. The dairy plant operator, or milk contractor, if recovering milk costs under par. (a), shall recover, from each producer identified in par. (a), a pro rata share of the total recovery amount under par. (a). The pro rata recovery from each producer shall be based on the size of that producer’s shipment compared to those of any other producers in the same bulk load. If there is only one producer identified in par. (a), the operator shall recover the entire amount from that producer. ATCP 65.72(6)(c)(c) Recovery deadline. The dairy plant operator or milk contractor shall recover the full amount owed by each offending milk producer, under par. (b), within 90 days after that producer’s milk sample yields a confirmed positive test result for drug residue under sub. (3). If the dairy plant operator or milk contractor fails to recover the full amount within that time period, the dairy plant operator shall give the department a written explanation. ATCP 65.72(6)(d)(d) Payroll deduction. A dairy plant operator or milk contractor may deduct the amount owed by an offending milk producer, under par. (b), from the dairy plant operator’s payroll obligation to that offending milk producer. ATCP 65.72(6)(e)(e) Notice of deduction. A dairy plant operator or milk contractor shall give a milk producer at least 30 days prior written notice of any deduction, under par. (d), unless the milk producer transfers to another dairy plant operator. The notice shall state all the following: ATCP 65.72(6)(e)3.3. The date on which the dairy plant operator or milk contractor will make each deduction. ATCP 65.72(6)(e)4.4. That the dairy plant operator or milk contractor will meet with the milk producer to discuss the deduction, at the milk producer’s request. ATCP 65.72(6)(f)(f) Meeting to discuss recovery. A dairy plant operator or milk contractor shall meet with a milk producer, at the milk producer’s request, to discuss the recovery from that milk producer under this subsection. The dairy plant operator or milk contractor shall meet with the milk producer within 10 days after the milk producer requests the meeting, unless the milk producer requests a later meeting date. If the milk producer contests the validity of the recovery, and the matter is not resolved, the dairy plant operator or milk contractor shall notify the milk producer that the milk producer may request a hearing before the department under par. (g).