ATCP 65.48 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.50 ATCP 65.50 Dairy product labeling.

ATCP 65.50(1) (1) General. Dairy product labeling shall comply with applicable requirements in ch. 97, Stats., this chapter, and chs. ATCP 81, 83, 85, and 90.

ATCP 65.50(2) (2) Products not for human consumption. No dairy plant operator may distribute any dairy product manufactured by that dairy plant operator unless any of the following applies:

ATCP 65.50(2)(a) (a) The dairy product complies with, and has been produced according to, this chapter and ch. ATCP 82.

ATCP 65.50(2)(b) (b) The dairy product is prominently labeled as animal feed according to ch. ATCP 42.

ATCP 65.50(2)(c) (c) The dairy product is prominently labeled as “NOT FOR HUMAN FOOD OR ANIMAL FEED” and is sold only for non-food and non-feed purposes. The label shall include the manufacturer’s name and address and the address of the location where the product was manufactured. The label may not include any dairy plant license or identification number issued by the department.

ATCP 65.50 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

subch. IV of ch. ATCP 65 Subchapter IV — Pasteurization

ATCP 65.52 ATCP 65.52 Unpasteurized milk sales prohibited; exemptions. No person may sell or distribute unpasteurized milk or dairy products to consumers or to any person for resale or redistribution in unpasteurized form to consumers. This section does not prohibit any of the following:

ATCP 65.52(1) (1) The sale or distribution of milk or dairy products that are heat sterilized in hermetically sealed containers.

ATCP 65.52(2) (2) The distribution of unpasteurized fluid milk, produced on a dairy farm, to any of the following:

ATCP 65.52(2)(a) (a) The milk producer who is licensed under s. ATCP 65.02 (1) to operate that dairy farm, and who, as license holder, assumes legal responsibility for dairy farm and milking operations.

ATCP 65.52(2)(b) (b) An individual who has a bona fide ownership interest in the dairy farm and milking operation under par. (a), if the milk producer operating the dairy farm and milking operation is a legal entity other than an individual or married couple.

ATCP 65.52(2)(c) (c) A family member or nonpaying household guest who consumes the milk at the home of an individual milk producer or bona fide owner under par. (a) or (b).

ATCP 65.52(3) (3) The sale or distribution of unpasteurized milk, produced on a dairy farm, to the employees of that dairy farm.

ATCP 65.52(4) (4) The incidental sale of unpasteurized milk to a consumer at the dairy farm where the milk is produced. A sale is not incidental if the consumer subsequently sells the milk or distributes the milk, other than distribution for consumption by the consumer, the consumer’s family, or the consumer’s nonpaying household guests. A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer or solicitation made to the general public through any communications medium.

ATCP 65.52 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.

ATCP 65.54 ATCP 65.54 Pasteurization required.

ATCP 65.54(1) (1) Except as provided under sub. (2), every dairy product shall be pasteurized at the dairy plant where that dairy product is manufactured.

ATCP 65.54(2) (2) Subsection (1) does not apply to any of the following:

ATCP 65.54(2)(a) (a) A dairy product shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the shipment is accompanied by a bill of lading that identifies the dairy product as unpasteurized.

ATCP 65.54(2)(b) (b) A dairy product made entirely from dairy products that have been pasteurized at the same dairy plant.

ATCP 65.54(2)(c) (c) Ice cream or frozen dessert made from pasteurized ice cream mix or pasteurized frozen-dessert mix, provided that no unpasteurized dairy product is added to the pasteurized mix.

ATCP 65.54(2)(d) (d) A dairy product for which the standard of identity provides that the dairy product and its ingredients need not be pasteurized.

ATCP 65.54(2)(e) (e) A dairy product that is sterilized and packaged in a hermetically sealed package.

ATCP 65.54(2)(f) (f) Cream, skim milk, or low-fat milk that have been treated with heat to an extent less than pasteurization, and then shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the bulk shipment is accompanied by a bill of lading that identifies the contents of the bulk shipment as being unpasteurized and heat-treated. The heat-treated cream, skim milk, or low-fat milk may be heated not more than once for separation purposes, to a temperature that is not less than 125° F. (52° C.) nor more than 161° F. (72° C.). Heat-treated cream may be heated to a greater extent, up to a temperature of 166° F. (75° C.) in a continuing heating process, if further heating is necessary to deactivate enzymes for functional reasons. Cream, skim milk, and low-fat milk, after being heated to an extent less than pasteurization, shall immediately be cooled to a temperature of 45° F. (7° C.) or less.

ATCP 65.54(2)(g) (g) Dried condensed whey produced by drying condensed whey that was previously pasteurized at another dairy plant, provided that all of the following apply:

ATCP 65.54(2)(g)1. 1. The pasteurized condensed whey received for drying contained at least 40% total solids, and was partially crystallized by cooling at the dairy plant where it was pasteurized.