ATCP 65.72(7)(a)3.3. A sample of the producer’s milk yields a confirmed positive test result for drug residue after that milk has been commingled with milk from other producers, regardless of whether the drug residue test is required under this chapter.
ATCP 65.72(7)(b)(b) Producer milk rejected. If a dairy plant operator is required to reject producer milk shipments under par. (a), the dairy plant operator shall reject all milk produced on that dairy farm until a sample of that milk tests negative for drug residues by the same or an equivalent test at a laboratory that is certified under s. ATCP 77.03 (2) (c) to perform confirmatory tests.
ATCP 65.72(7)(c)(c) Rejected milk; use prohibited. If a dairy plant operator rejects a producer’s milk under par. (b), no person may do any of the following:
ATCP 65.72(7)(c)1.1. Ship, collect, or use that milk for human food.
ATCP 65.72(7)(c)2.2. Commingle that milk with milk from any other producer.
ATCP 65.72(7)(d)(d) Transfer between dairy plants. If a dairy plant operator rejects a producer’s milk under par. (b), the milk producer or a milk contractor may not ship that producer’s milk to another dairy plant until a dairy plant operator tests that producer’s milk and the milk tests negative for drug residue on the same or an equivalent test at a laboratory that is certified under s. ATCP 77.03 (2) (c) to perform confirmatory tests.
ATCP 65.72(8)(8)Reporting drug residue findings; bulk loads. Within 2 hours after a bulk load of milk yields a confirmed positive test result for drug residue under sub. (2), the dairy plant operator shall report the drug test result to the division by telephone, electronic mail, or facsimile (FAX) transmission. The dairy plant operator shall confirm the report in writing, in a form approved by the division, within 3 business days after the drug residue test is completed. The report shall indicate the result of the drug residue test, the volume of milk contained in the bulk load, and the dairy plant’s disposition of that milk.
ATCP 65.72(9)(9)Reporting drug residue findings; producer milk shipments.
ATCP 65.72(9)(a)(a) Dairy plant to report. Whenever any of the following occurs, the dairy plant operator that performs the drug residue test shall report the test result to the division under par. (b):
ATCP 65.72(9)(a)1.1. A milk producer sample, under sub. (1), yields a confirmed positive test result for drug residue.
ATCP 65.72(9)(a)2.2. A milk producer sample, under sub. (4), yields a confirmed positive test result for drug residue.
ATCP 65.72(9)(a)3.3. A sample of a producer’s milk yields a confirmed positive test result for drug residue after that milk has been commingled with milk from other producers, regardless of whether the drug residue test is required under this chapter.
ATCP 65.72(9)(b)(b) Form of report. Whenever a dairy plant operator is required to report a drug residue test result under par. (a), the dairy plant operator shall report that result to the division by telephone, electronic mail, or facsimile (FAX) transmission. The dairy plant operator shall make the report within 2 hours after the drug residue test is completed. The dairy plant operator shall confirm the report in writing, on a form approved by the division, within 3 business days after the drug residue test is completed.
ATCP 65.72(10)(10)Inspection by division; reinspection fee. The division may, in its discretion, inspect a dairy farm in response to any positive drug residue test report under sub. (8) or (9). The division shall charge a reinspection fee for the inspection under s. ATCP 65.02 (19). The division shall not charge a reinspection fee if it makes its inspection more than 3 weeks after the dairy plant operator reports the drug residue test result to the division.
ATCP 65.72(11)(11)Drug residue test results.
ATCP 65.72(11)(a)(a) Positive test result; general. For purposes of this section and s. ATCP 65.922, a drug residue test is considered positive if the detected amount of drug residue exceeds the action level specified for that drug under par. (b). The action levels, under par. (b), do not establish legal tolerances for drug residues in milk, nor do they preclude the department from taking enforcement action where drug residues are present at levels below these action levels.
ATCP 65.72(11)(b)(b) Specified drug tests; positive test result. In a test for any of the following drugs, the action level is exceeded whenever the drug residue level found in the test exceeds the level specified below:
ATCP 65.72(11)(b)1.1. Ampicillin 10 ppb
ATCP 65.72(11)(b)2.2. Amoxicillin 10 ppb
ATCP 65.72(11)(b)3.3. Cephapirin 20 ppb
ATCP 65.72(11)(b)4.4. Ceftiofur 100 ppb
ATCP 65.72(11)(b)5.5. Cloxacillin 10 ppb
ATCP 65.72(11)(b)6.6. Novobiocin 100 ppb
ATCP 65.72(11)(b)7.7. Penicillin G 5 ppb
ATCP 65.72(11)(b)8.8. Sulfadimethoxine 10 ppb
ATCP 65.72(11)(b)9.9. Tetracyclines* 300 ppb
ATCP 65.72 NoteNote: Action levels specified under this paragraph are based on tolerances and/or target testing levels specified by the United States food and drug administration, and identified in a memorandum from FDA’s Milk Safety Branch, M-I-05-5, September 27, 2005. A copy of the memorandum is on file with the department, and is available upon request.
ATCP 65.72 NoteFor drugs identified with an asterisk (*), the levels in this paragraph are based on “safe levels” specified by FDA. ”Safe levels” are merely enforcement guides and do not constitute legal tolerances. ”Safe levels” are not binding on the courts or the department. They do not limit the department’s discretion in any way, and they do not protect milk producers or milk itself from enforcement action. “Safe levels” do not constitute animal drug tolerances under section 512 (b) of the federal food, drug and cosmetic act.
ATCP 65.72(11)(c)(c) Test result presumed valid. For purposes of this section and s. ATCP 65.922, whenever a dairy plant operator reports a confirmed positive test result to the division under sub. (9), that test result is presumed to be valid. The milk producer may appeal the test result in an informal hearing under s. ATCP 65.928.