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)(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 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 65.74ATCP 65.74 Milk and dairy products; quality standards. 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)(a)3.3. 30,000 per ml. for condensed milk, whey, whey products, and dried whey. 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.