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:
ATCP 65.74(3)(a)1.1. 20,000 per ml., except as provided in subd. 2. or 3.
ATCP 65.74(3)(a)2.2. 30,000 per ml. for condensed milk, whey, whey products, dried whey, and nonfat dry milk.
ATCP 65.74(3)(a)3.3. 50,000 per gram for frozen desserts, except that the bacterial count for frozen-dessert mixes may not exceed 20,000 per gram.
ATCP 65.74(3)(b)(b) Coliform counts in pasteurized grade B dairy products, other than grade B dairy products made with natural or added cultures and all natural cheeses, may not exceed 10 per ml. or per gram, except that coliform counts in bulk milk tanker shipments may not exceed 100 per ml.
ATCP 65.74(4)(4)Fortified dairy products. Whenever milk or a fluid milk product is fortified with vitamin A or D the fortification shall comply with Appendix O of the PMO.
ATCP 65.74(5)(5)Pathogen confirmed in ready-to-eat dairy product; sale prohibited. A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test or laboratory analysis has confirmed the presence of a pathogenic organism or toxin. Results of the microbiological test or laboratory test shall be reported to the division, under s. ATCP 65.46 (2).
ATCP 65.74 NoteNote: Copies of PMO Appendix O are on file with the department and the legislative reference bureau. Copies may be obtained from the department at cost or online at:www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk.
ATCP 65.74 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.76ATCP 65.76Milk quality testing.
ATCP 65.76(1)(1)Required testing.
ATCP 65.76(1)(a)(a) A dairy plant operator shall test raw milk from dairy farms as required under this chapter.
ATCP 65.76(1)(b)(b) A dairy plant operator shall test milk and dairy products held or processed at a dairy plant for compliance with standards specified under s. ATCP 65.74 (1) to (4). The dairy plant operator shall test the milk and dairy products as often as necessary to provide reasonable statistical assurance of compliance.
ATCP 65.76(2)(2)Laboratory.
ATCP 65.76(2)(a)(a) Except as provided under par. (b), milk quality tests required under this chapter shall be performed in a laboratory that is all of the following:
ATCP 65.76(2)(a)1.1. Approved by the department to conduct milk quality tests.
ATCP 65.76(2)(a)2.2. Certified by the department under s. ATCP 77.03, or by an equivalent certifying agency in another state, to conduct milk quality tests.
ATCP 65.76(2)(b)(b) A laboratory that is not certified under s. ATCP 77.03 to perform a drug residue test under s. ATCP 65.72 may perform that test as a screening test if all of the following apply:
ATCP 65.76(2)(b)1.1. The department has approved that laboratory to perform that screening test under s. ATCP 77.23 (1).
ATCP 65.76(2)(b)2.2. The department has approved the person who performs the screening test under s. ATCP 77.23 (2).
ATCP 65.76(2)(b)3.3. A different laboratory performs a confirmatory test if the screening test result is positive for drug residue. The laboratory performing the confirmatory test shall be certified to do so under s. ATCP 77.03. The laboratory shall perform the confirmatory test on the same test sample using the same or an equivalent test method and shall complete the confirmatory test within the time period specified in s. ATCP 65.72 (8).
ATCP 65.76(2)(c)(c) The department may withdraw its approval under par. (a) or (b) for cause, including false or inaccurate test results or reports, or failure to conduct tests according to required procedures.
ATCP 65.76(3)(3)Analysts.
ATCP 65.76(3)(a)(a) Except as provided in par. (b) or (c), no individual may perform a milk test under ss. ATCP 65.70 and 65.72 unless the department has certified that individual under s. ATCP 77.22 to perform that test.
ATCP 65.76(3)(b)(b) Pursuant to s. ATCP 77.23 (2), the department may approve an individual to perform a drug residue test under s. ATCP 65.72 as a screening test, even though the individual is not certified under s. ATCP 77.22 to perform that test as a confirmatory test.
ATCP 65.76(3)(c)(c) Bulk load tests for drug residues under s. ATCP 65.72 shall be conducted at the receiving dairy plant by any of the following:
ATCP 65.76(3)(c)1.1. An individual approved by the department to conduct drug residue tests.
ATCP 65.76(3)(c)2.2. An individual who performs drug residue tests only under the direct supervision of an individual approved and certified under subd. 1.
ATCP 65.76 NoteNote: A laboratory performing milk quality tests must be certified under ch. ATCP 77.