ATCP 65.40(6) (6) Dairy products intended for non-food use. Milk and dairy products not intended for human consumption shall be clearly and conspicuously labeled as being not for use as human food. No person may repackage or sell, for use as human food, any milk or dairy products labeled or intended for non-food use.

ATCP 65.40 Note Note: The manufacture and sale of animal feed is subject to separate licensing and regulation under s. 94.72, Stats.

ATCP 65.40(7) (7) Reconstituted or recombined dairy products; pasteurization.

ATCP 65.40(7)(a) (a) A dairy plant operator shall pasteurize reconstituted or recombined dairy products after those dairy products are reconstituted or recombined, except when the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

ATCP 65.40(7)(b) (b) A dairy plant operator may not commingle pasteurized dairy products with unpasteurized milk or dairy products unless the dairy plant operator pasteurizes the resulting product or the resulting product is exempt from pasteurization under s. ATCP 65.54 (2).

ATCP 65.40(7)(c) (c) A dairy plant operator shall take effective measures to prevent cross contamination between pasteurized and unpasteurized dairy products.

ATCP 65.40(8) (8) Pressurized air and steam; contact with dairy products. Pressurized air and steam coming in contact with a dairy product or product contact surface shall be clean, safe, and free of contaminants. The system used to generate and supply pressurized air and steam shall comply with applicable “3-A Sanitary Standards” and “3-A Accepted Practices” listed in ch. ATCP 65 Appendix A.

ATCP 65.40 Note Note: The “3-A Sanitary Standards” and “3-A Accepted Practices” listed in APPENDIX A are published by 3-A Sanitary Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA 22101-3850, telephone [phone], website www.3-a.org. Copies are on file with the division and the legislative reference bureau. Copies may be purchased from the “3-A Sanitary Standards, Inc. Online Store” at http://www.techstreet.com.

ATCP 65.40(9) (9) Fire, flood, or calamity damage. If a dairy product or ingredient is subjected to possible contamination in a fire, flood, or other calamity, no person may sell or reprocess that product or ingredient for human consumption unless the division first inspects the product or ingredient and authorizes its sale or reprocessing for human consumption. A dairy plant operator shall notify the division whenever dairy products or ingredients in the operator’s possession have been subjected to possible damage or contamination because of fire, flood, or other calamity.

ATCP 65.40 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.41 ATCP 65.41 Low-acid or acidified dairy products packaged in hermetically sealed containers for non-refrigerated storage.

ATCP 65.41(1) (1) Manufacturing of low-acid dairy products, that have a pH greater than 4.6 and a water activity greater than 0.85, and are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.35 and 113.

ATCP 65.41(2) (2) Manufacturing of acidified dairy products, as defined in 21 CFR 114.3(b), that are packaged in a hermetically sealed container for non-refrigerated storage, shall be done in compliance with 21 CFR 108.25 and 114.

ATCP 65.41 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.42 ATCP 65.42 Recall plan.

ATCP 65.42(1) (1) Plan required. An operator of a dairy plant at which dairy products are manufactured or processed shall prepare a written plan for identifying and recalling milk and dairy products processed at that dairy plant, and any other food processed at the facility, should a recall become necessary. The dairy plant operator shall update the plan as necessary and shall make it available to the division for inspection and copying upon request. This requirement does not apply to the operator of a receiving station or a transfer station.

ATCP 65.42(2) (2) plan contents. A plan, written pursuant to sub. (1), shall do all of the following:

ATCP 65.42(2)(a) (a) Identify key individuals or positions that are responsible for planning, approving, and implementing recalls on behalf of the dairy plant operator.

ATCP 65.42(2)(b) (b) Identify key individuals or entities to be contacted or consulted in connection with a recall.

ATCP 65.42(2)(c) (c) Include procedures for the routine identification, dating, and tracking of milk and dairy product lots so that in a recall the affected lots can be identified and distinguished from unaffected lots.

ATCP 65.42(2)(d) (d) Include procedures to enable routine identification, dating, and tracking of milk and dairy product shipments from the dairy plant. Tracking shall identify shipment recipients and contents, cross-referenced to lots, so that in a recall recipients of affected lots can be contacted.

ATCP 65.42(2)(e) (e) Include procedures for determining the nature and scope of a recall, including affected milk and dairy product lots, shipments, and shipment recipients.

ATCP 65.42(2)(f) (f) Include procedures for identifying and communicating with affected persons, including suppliers, milk and dairy product shipment recipients, down-line buyers, consumers, government agencies, and others.

ATCP 65.42(2)(g) (g) Identify potential target audiences for recall information, including consumers, distributors, and government agencies.

ATCP 65.42(2)(h) (h) Identify potential methods for communicating with target audiences, under par. (g).

ATCP 65.42(2)(i) (i) Identify key information, including the identity of the affected milk and dairy products, the reason for the recall, and suggested actions to be taken by affected persons, that may be necessary to communicate to affected persons in a recall.

ATCP 65.42 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.44 ATCP 65.44 Dairy plant records.

ATCP 65.44(1) (1) Mandatory records. A dairy plant operator, 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, shall keep all of the following records, as applicable to their operation, and shall retain those records for the period of time specified under this subsection: