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 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.

ATCP 65.72(12)(12) Laboratory reporting. A laboratory that performs tests under this section for a dairy plant operator may report the test results for the dairy plant operator.

ATCP 65.72(13)(13) Timely testing. Drug residue tests required under this section shall be completed within 72 hours after the tested milk, or any portion of the tested milk, was first collected from a dairy farm.

ATCP 65.72 NoteNote: If a drug residue test is performed on a bulk load of milk collected from several dairy farms, the test must be completed within 72 hours after the bulk milk weigher and sampler collects milk from the first farm. Confirmation of positive drug residue screening tests, at a different laboratory than the laboratory which performed the screening tests, as required under s. ATCP 65.72 (3), must be completed within the same 72-hour period.

ATCP 65.72 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (e) made under s. 35.17, Stats., Register August 2016 No. 728.

ATCP 65.74(1)(1) Milk held at dairy plant; bacterial count. The bacterial count of commingled grade A milk held at a dairy plant before pasteurization may not exceed 300,000 per ml. The bacterial count of grade B milk held at a dairy plant before pasteurization or processing may not exceed 750,000 per ml.

ATCP 65.74(2)(a)(a) Bacterial counts in pasteurized grade A dairy products other than cultured dairy products may not exceed the following levels:

ATCP 65.74(2)(b)(b) Coliform counts in pasteurized grade A dairy products may not exceed 10 per ml. or per gram, except that coliform counts in bulk milk tanker shipments of pasteurized grade A dairy products may not exceed 100 per ml.

ATCP 65.74(2)(c)(c) In pasteurized grade A milk without added flavors or ingredients, other than vitamins, there shall be fewer than 350 milliunits of phosphatase per liter as determined by the Fluorophos ALP method, the Charm Paslite Alkaline Phosphatase method or another test method approved by the department.

ATCP 65.74(3)(a)(a) Bacterial counts in pasteurized grade B dairy products, other than cultured dairy products or frozen desserts containing nuts or other inclusions, may not exceed the following levels: