ATCP 65.01(65) (65) “Safe temperatures”, as applied to refrigerated potentially hazardous foods means temperatures of 45° F. (7° C.) or below. As applied to heated, potentially hazardous foods, “safe temperatures” means temperatures of 135° F. (57° C.) or above. As applied to frozen foods, “safe temperatures” means temperatures of 0° F. (-17° C.) or below.

ATCP 65.01(66) (66) “Sanitize” means to destroy pathogens and other microorganisms to the maximum extent practicable, by applying a sanitizer at concentrations in compliance with 21 CFR part 178.1010, or by applying a sanitizing method approved by the division, to an otherwise clean surface.

ATCP 65.01(67) (67) “Secretary” means the secretary of the department.

ATCP 65.01(68) (68) “Shipping container” means a box, carton, or similar container in which packaged dairy products are shipped in bulk from a dairy plant.

ATCP 65.01(69) (69) “Single-service articles” means utensils, including containers or packages, filters, and other articles, that are designed to be used only once before disposal.

ATCP 65.01(70) (70) “Standard of identity” means a dairy product standard of identity in 21 CFR 131, 133, 135.3, 135.110 to 135.140, 168.122, 184.1979, 184.1979a, and 184.1979c; or in 21 USC 321a and 321c.

ATCP 65.01(71) (71) “Transfer station” means a facility that is designed and used solely to transfer milk from one bulk transport container to another without intervening storage.

ATCP 65.01(72) (72) “UHT” means ultra-high temperature.

ATCP 65.01(73) (73) “Utensil” means any hand-held or similarly portable container, device, article, or implement that has one or more milk contact surfaces and is used for any of the following:

ATCP 65.01(73)(a) (a) To draw milk from milking animals or to transport, hold, strain, handle, or store milk on a dairy farm.

ATCP 65.01(73)(b) (b) To process or handle milk or dairy products at a dairy plant.

ATCP 65.01 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (10) made under s. 13.92 (4) (b) 7., Stats., and correction in (42), (70) made under s. 35.17, Stats., Register August 2016 No. 728

ATCP 65.02 ATCP 65.02 Milk producer licenses and permits; fees.

ATCP 65.02(1) (1) Milk producer license requirement.

ATCP 65.02(1)(a) (a) No person may operate as a milk producer offering milk for sale without an annual license from the department for each farm operated, as provided under s. 97.22 (2), Stats. A license expires on April 30 of each year. Whenever the department first issues a milk producer license, that license shall bear a livestock premises code issued under s. ATCP 17.02 (7) for the dairy farm associated with the milk producer license. A license is not transferable between persons or dairy farms. As a condition to licensing, a milk producer shall comply with applicable provisions of this chapter.

ATCP 65.02(1)(b) (b) A separate license is required for any of the following:

ATCP 65.02(1)(b)1. 1. Each species of milking animal milked by each milk producer on a dairy farm.

ATCP 65.02(1)(b)2. 2. Each dairy farm operated by a milk producer at which milk is produced and offered for sale.

ATCP 65.02(1)(b)3. 3. Each dairy plant, if a milk producer is shipping milk to more than one dairy plant, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements under this chapter.

ATCP 65.02(2) (2) License application; renewal.

ATCP 65.02(2)(a) (a) General. A license application, signed by the milk producer, shall be made on a form provided by the department and shall include the information that is required under s. ATCP 17.02 (4) for the purpose of livestock premises registration. A dairy plant operator, milk contractor, or their representative, after inspecting the dairy farm under s. ATCP 65.910 (1), shall submit the application on behalf of the milk producer and shall certify that the dairy farm and milking operations comply with applicable requirements under this chapter. An annual license may be renewed each year upon payment of the required fees under sub. (4), without further application by the milk producer, provided the milk producer is registered under s. ATCP 17.02 (4).

ATCP 65.02(2)(b) (b) Action on license application. Within 15 days after the department receives a complete license application under par. (a), the department shall do any of the following:

ATCP 65.02(2)(b)1. 1. Grant the application.

ATCP 65.02(2)(b)2. 2. Deny the application.

ATCP 65.02(2)(b)3. 3. Issue a temporary license under par. (c).

ATCP 65.02(2)(c) (c) Temporary license. The department may issue a temporary license, for a period not to exceed 40 days, pending final action on a milk producer’s application for an annual milk producer license. The department shall grant or deny the annual license application before the temporary license expires. If the department denies the annual license application before the temporary license expires, the temporary license is automatically terminated when the producer receives written notice of the denial. The holder of a temporary license acquires no rights beyond those conferred by the temporary license under this paragraph.

ATCP 65.02(3) (3) Pre-license inspection.

ATCP 65.02(3)(a) (a) A division representative, on behalf of the department, may inspect a dairy farm, as the division deems necessary, before issuing a license to a milk producer. If the dairy farm does not meet the minimum standards required for licensing, the department shall deny the license application.

ATCP 65.02(3)(b) (b) Automated milking installations must be reviewed and approved by a division representative before a milk producer license is issued by the department.