Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 65 - Milk And Milk Products › Subchapter V - Safety and Quality Standards › Section ATCP 65.70 - Milk quality standards for milk collected from a dairy farm

Current through June 24, 2024
Milk received or collected from a dairy farm shall comply
					 with all of the following standards at the time of receipt or
					 collection:
(1) ADULTERATION AND
				  ODORS. The milk shall not be visibly or otherwise adulterated, have any
				  objectionable odor, or be abnormal in appearance or consistency.
(2) BACTERIAL COUNT.
(a)
Limits.
The bacterial
				  count of grade A milk, as determined by a standard plate count, plate loop
				  count or other method approved by the division under this subchapter, shall not
				  exceed 100,000 per ml. The bacterial count of grade B milk shall not exceed
				  300,000 per ml. Except as provided under par. (f), a dairy plant operator is
				  not required to reject milk shipments in response to a violation of this
				  subsection unless the division suspends or revokes the milk producer's license
				  or grade A producer permit, or issues an order affecting the milk shipments
				  under s.
				  ATCP
				  65.927.
(b)
Monthly testing
				  required.
During every month in which a dairy plant operator or a milk
				  contractor licensed as a dairy plant receives milk from a milk producer, the
				  dairy plant operator shall perform at least one standard plate count (SPC) or
				  plate loop count (PLC) on a milk sample obtained from the producer under s.
				  ATCP
				  82.12. A dairy plant operator shall perform tests
				  under this section and s.
				  ATCP 65.76
				  on the same milk samples.
(c)
New milk producer; initial testing.
A dairy plant operator or
				  a milk contractor licensed as a dairy plant shall perform a SPC or PLC on a
				  milk sample collected from the first milk shipment received from a milk
				  producer. The dairy plant operator shall report the test result to the
				  department and the milk producer within 7 days after the dairy plant operator
				  obtains the test result.
(d)
Monthly reporting.
For each month in which a dairy plant
				  operator or milk contractor licensed as a dairy plant receives milk from a milk
				  producer, the dairy plant operator shall report to the division and the milk
				  producer at least one representative test result under par. (b) for a milk
				  shipment procured in that month. The dairy plant operator shall report the test
				  result within 7 days after the operator obtains the test result.
(e)
Representative test
				  results.
A test result is not representative, for reporting purposes
				  under this subsection unless all the following apply:
1. The dairy plant operator collects the test
				  sample according to a uniform sampling schedule that the operator applies to
				  all milk producers who ship milk to the operator's dairy plant.
2. The dairy plant operator reports the test
				  result according to standard reporting criteria that the operator applies to
				  all milk producers who ship milk to the dairy plant operator's dairy
				  plant.
(f)
Immediate response level; reporting and follow-up.
If a
				  bacterial count under this section or s.
				  ATCP 65.76
				  exceeds 750,000 per ml., the dairy plant operator shall do all the following:
1. Report the test result to the division and
				  the milk producer within 3 business days after the operator obtains the test
				  result.
2. Perform a confirmatory
				  bacteriological test on at least one more sample of milk collected from the
				  milk producer's dairy farm. The dairy plant operator shall collect the
				  confirmatory sample within 14 days after the date on which the dairy plant
				  operator collected the original sample. The dairy plant operator shall report
				  the confirmatory test result to the division and the milk producer within 3
				  business days after the operator obtains the test result.
3. Reject milk shipments from the dairy farm
				  if the confirmatory test shows a bacterial count in excess of 750,000 per ml.
				  The milk producer may not ship milk from the dairy farm to any dairy plant
				  until a dairy plant operator conducts another test and finds that milk from the
				  farm has a bacterial count not more than 750,000 per ml.
(g)
Division inspection; reinspection
				  fee.
The division may inspect a dairy farm in response to any
				  bacterial count reported to the division under this section. If the division
				  inspects a dairy farm in response to a confirmatory bacterial count of more
				  than 750,000 per ml. under par. (f), the division shall charge a reinspection
				  fee under s.
				  ATCP
				  65.02(19). The division may not
				  charge a reinspection fee if the confirmatory bacterial count does not exceed
				  750,000 per ml., or if the division inspects more than 3 weeks after the
				  division receives the confirmatory bacterial count.
Note:
Under s.
					 ATCP
					 65.920 the department will suspend a producer's grade
					 A farm permit if 3 of the last 5 bacterial counts reported to the department
					 under this section exceed the grade A standard of 100,000 per ml. under s. ATCP
					 65.70(2). The department will suspend the producer's grade A permit regardless
					 of whether any bacterial count exceeds the immediate response level of 750,000
					 per ml. under this section.
Note:
Under s.
					 ATCP
					 65.920 the department may suspend a milk producer's
					 license if bacterial counts continue to exceed the grade B standard of 300,000
					 per ml. under s. ATCP 65.70(2). The department may suspend the producer's
					 license regardless of whether any bacterial count exceeds the immediate
					 response level of 750,000 per ml. under this section. If 2 of the last 4
					 bacterial counts reported to the department under this section exceed the grade
					 B standard of 300,000 per ml., the department will, at a minimum, send a
					 warning notice to the producer.
(h)
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.
(i)
Electronic reporting.
A
				  dairy plant operator or laboratory shall report test results under this section
				  in an electronic form approved by the division.