reglab/statecodes huggingface dataset:
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 III - Dairy Plants › Section ATCP 65.42 - Recall plan

Current through June 24, 2024
(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.
(2) PLAN
				  CONTENTS. A plan, written pursuant to sub. (1), shall do all of the following:
(a) Identify key individuals or positions
				  that are responsible for planning, approving, and implementing recalls on
				  behalf of the dairy plant operator.
(b) Identify key individuals or entities to
				  be contacted or consulted in connection with a recall.
(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.
(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.
(e) Include
				  procedures for determining the nature and scope of a recall, including affected
				  milk and dairy product lots, shipments, and shipment recipients.
(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.
(g) Identify potential
				  target audiences for recall information, including consumers, distributors, and
				  government agencies.
(h) Identify
				  potential methods for communicating with target audiences, under par.
				  (g).
(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.
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 III - Dairy Plants › Section ATCP 65.46 - Dairy plant reports to department

Current through June 24, 2024
(1) REPORTS RELATED
				  TO LICENSES, PERMITS, FINANCIAL STATEMENTS AND MILK QUALITY. 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 submit all of the following reports to
				  the department:
(a) Reports required for the
				  issuance or annual renewal of a dairy plant license or grade A permit under s.
				  ATCP
				  65.02.
(b)
				  Financial statements and reports required as part of an application for a milk
				  contractor license under ch. ATCP 100, if any.
(c) Monthly milk quality test reports
				  required under subch. V and dairy farm inspection reports required as part of a
				  milk producer or grade A producer permit application under ss.
				  ATCP
				  65.910 and
				  65.912.
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 III - Dairy Plants › Section ATCP 65.48 - Confidential information

Current through June 24, 2024
(1) None of the
				  following information, received by the department from 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, is subject to public inspection under s.
				  19.35,
				  Stats.
(a) Financial information protected
				  from disclosure under s.
				  126.84(1)
				  (a), Stats.
(b) Information qualifying as a trade secret
				  as defined in s.
				  134.90(1)
				  (c), Stats.
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 III - Dairy Plants › Section ATCP 65.50 - Dairy product labeling

Current through June 24, 2024
(1) GENERAL. Dairy product labeling shall
				  comply with applicable requirements in ch. 97, Stats., this chapter, and chs.
				  ATCP 81,
				  83,
				  85, and
				  90.
(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:
(a) The dairy product complies with, and has
				  been produced according to, this chapter and ch. ATCP 82.
(b) The dairy product is prominently labeled
				  as animal feed according to ch. ATCP 42.
(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.
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 IV - Pasteurization › Section ATCP 65.52 - Unpasteurized milk sales prohibited; exemptions

Current through June 24, 2024
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:
(1) The sale or
				  distribution of milk or dairy products that are heat sterilized in hermetically
				  sealed containers.
(2) The
				  distribution of unpasteurized fluid milk, produced on a dairy farm, to any of
				  the following:
(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.
(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.
(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).
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 IV - Pasteurization › Section ATCP 65.56 - Labeling pasteurized and unpasteurized products

Current through June 24, 2024
(1) If a dairy
				  product is pasteurized or made exclusively from pasteurized ingredients, the
				  label on every shipping container of that dairy product shall clearly and
				  conspicuously state that the product is "pasteurized" or "UHT pasteurized," as
				  appropriate. Every label under this subsection shall also include the name and
				  address, or the unique identification number, of the dairy plant where the
				  dairy product was pasteurized.
(2)
				  Except as provided under sub. (3) or (4), if a dairy product is not pasteurized
				  or made exclusively from pasteurized ingredients, the label on every shipping
				  container and consumer package of that dairy product shall state that the
				  product is unpasteurized.
(3)
				  Subsection (2) does not apply to cheese that meets all of the following
				  requirements:
(a) The standard of identity
				  for the cheese provides that the cheese may be made from unpasteurized dairy
				  products.
(b) The cheese is held
				  for at least 61 days at a temperature not less than 35º F. before being
				  distributed for retail sale, or for further processing without
				  pasteurization.
(c) The label on
				  every shipping container and consumer package of cheese states that the cheese
				  is "aged over 60 days."
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 IV - Pasteurization › Section ATCP 65.58 - Pasteurization time and temperature

Current through June 24, 2024
(1) If a dairy
				  product is required to be pasteurized under s.
				  ATCP
				  65.54, the dairy product shall be pasteurized
				  according to this subchapter unless the division authorizes in writing a
				  different but equally effective pasteurization system or method. Alternative
				  times and temperatures for pasteurizing grade A milk and milk products shall be
				  recognized by the United States food and drug administration. All of the dairy
				  product shall be heated to the required temperature and continuously held at or
				  above the required temperature for the required period of time. Pasteurization
				  equipment shall be equipped with accurate measuring, recording, and control
				  devices, as required by ss.
				  ATCP 65.60
				  and
				  65.62, to ensure that the time and
				  temperature requirements under this section are met.
(2) Dairy products identified in table 2,
				  unless UHT pasteurized under sub. (3), shall be pasteurized in a batch
				  pasteurizer tested in accordance with s.
				  ATCP 65.68 or
				  HTST pasteurizer tested in accordance with s.
				  ATCP 65.68 at
				  or above the temperature specified in the table for at least the length of time
				  specified in the table. - See PDF for table
(3) A dairy plant operator may use an HHST
				  pasteurizer as an alternative to an HTST pasteurizer. An HHST pasteurizer shall
				  heat and hold a dairy product at one of the following temperatures for the
				  corresponding length of time:
(a) 191º
				  F. (89º C.) for 1.0 seconds.
(b) 194º F. (90º C.) for 0.5
				  seconds.
(c) 201º F. (94º
				  C.) for 0.1 seconds.
(d) 204º
				  F. (96º C.) for 0.05 seconds.
(e) 212º F. (100º C.) for 0.01
				  seconds.
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 IV - Pasteurization › Section ATCP 65.60 - Batch pasteurization

Current through June 24, 2024
Batch pasteurization equipment shall be of the non-coil
					 type. Batch pasteurization equipment shall be constructed and operated so that
					 pasteurization complies with item 16p (A) of the PMO and with applicable "3-A
					 Sanitary Standards" and "3-A Accepted Practices" listed in ch. ATCP 65 Appendix
					 A. Thermometers shall be constructed and operated in compliance with Appendix
					 H, item IV of the PMO. The temperature of the air space above the pasteurized
					 product shall be at least 5º F. (3º C.) higher than the minimum
					 pasteurization temperature of the pasteurized product.
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 (703) 790-0295,
						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
.
						Copies of the PMO are on file with the division and the legislative reference
						bureau.
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 IV - Pasteurization › Section ATCP 65.62 - HTST and HHST pasteurization

Current through June 24, 2024
Pasteurization by means of HTST or HHST pasteurization
					 shall comply with the standards set forth in "3-A Accepted Practices for the
					 Sanitary Construction, Installation, Testing and Operation of High-Temperature
					 Short-Time and Higher Heat Shorter Time Pasteurizer Systems," standard 3A
					 603-07 (November, 2005), published by 3-A Sanitary Standards,
					 Inc.
Copies of the "3-A Accepted Practices for the Sanitary
						Construction, Installation, Testing, and Operation of High-Temperature
						Short-Time and Higher Heat Shorter Time Pasteurizer Systems," standard 3A
						603-07 (November, 2005) are on file with the division and the legislative
						reference bureau. Copies may be obtained from the "3-A Sanitary Standards, Inc.
						Online Store" at
http://www.techstreet.com
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 IV - Pasteurization › Section ATCP 65.64 - Aseptic processing and packaging

Current through June 24, 2024
(1) GRADE A
				  REQUIREMENTS. Grade A aseptic processing and packaging systems shall comply
				  with standards specified in items 16p (B), (C), and (D) of the PMO and with
				  applicable standards specified in
				  21 CFR 108.25,
				  108.35,
				  113, and 114.
(2) GRADE B
				  REQUIREMENTS. Grade B aseptic processing and packaging systems shall comply
				  with applicable standards specified in 21 CFR 113 and 21 CFR 114.
The PMO is on file with the division and the legislative
						reference bureau. Copies may be obtained from the division at cost or online at
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk
.
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 IV - Pasteurization › Section ATCP 65.66 - Pasteurization records

Current through June 24, 2024
(1) GENERAL. A dairy plant operator shall
				  keep pasteurization records for all dairy products pasteurized by the operator.
				  Records shall cover all types of pasteurization operations, including batch
				  operations, HTST operations, and HHST operations. Records shall comply with
				  this section. The department shall review pasteurization records as part of
				  each routine inspection of a dairy plant.
(2) BATCH PASTEURIZATION RECORDS. Except as
				  provided in sub. (3), batch pasteurization records shall include all the
				  following:
(a) Each date, including the year,
				  on which dairy products are pasteurized.
(b) The identification number or location of
				  each pasteurization time and temperature recording chart, if more than one is
				  used.
(c) A continuous temperature
				  recording chart temperature record for each batch of pasteurized
				  product.
(d) The pasteurization
				  holding time, as shown on the temperature recording chart, for each batch of
				  pasteurized product. Records shall include filling and emptying times, if
				  applicable.
(e) The temperature
				  reading on the airspace thermometer at the start and end of the pasteurization
				  holding period, and at specific times identified as points on the temperature
				  recording chart.
(f) The
				  temperature reading on the indicating thermometer at the start of the
				  pasteurization holding period, and at a specific time identified as a point on
				  the temperature recording chart.
(g) The name and quantity of dairy product
				  included in each pasteurization batch shown on the temperature recording
				  chart.
(h) A record of any unusual
				  circumstances that occurred during each batch pasteurization.
(i) The name of the dairy plant.
(j) The signature or initials of the dairy
				  plant operator, or a responsible employee or agent of the operator.
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 IV - Pasteurization › Section ATCP 65.68 - Pasteurizer testing

Current through June 24, 2024
(1) GENERAL. The division shall test and seal
				  pasteurization systems according to this section. Except as provided under sub.
				  (6), no person may use any pasteurization system to pasteurize grade A or grade
				  B dairy products unless that system bears the unbroken seals applied by the
				  department under sub. (5).
(2) TEST
				  PROCEDURE. The division shall test grade A and grade B pasteurization systems
				  according to the procedure specified in Appendix I of the PMO.
Note:
PMO Appendix I is on file with the
					 division and the legislative reference bureau. Copies may be obtained from the
					 division at cost or online at
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk
.
(3) TEST FREQUENCY; GRADE A
				  PASTEURIZERS. The division shall test each grade A pasteurization system at the
				  following times:
(a) Before the
				  pasteurization system is first put into operation.
(b) At least once every 3 months, except that
				  a holding time test may be conducted at least once every 6 months.
(c) Whenever a seal, under sub. (5), is
				  broken.
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 65.74 - Milk and dairy products; quality standards

Current through June 24, 2024
(1) MILK HELD AT
				  DAIRY PLANT; BACTERIAL COUNT. The bacterial count of commingled grade A milk
				  held at a dairy plant before pasteurization may not exceed 300,000 per ml. The
				  bacterial count of grade B milk held at a dairy plant before pasteurization or
				  processing may not exceed 750,000 per ml.
(2) PASTEURIZED GRADE A DAIRY PRODUCTS.
(a) Bacterial counts in pasteurized grade A
				  dairy products other than cultured dairy products may not exceed the following
				  levels:
1. 20,000 per ml., except as provided
				  in subd. 2. and 3.
2. 10,000 per g.
				  for nonfat dry milk.
3. 30,000 per
				  ml. for condensed milk, whey, whey products, and dried whey.
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 65.76 - Milk quality testing

Current through June 24, 2024
(1) REQUIRED TESTING.
(a) A dairy plant operator shall test raw
				  milk from dairy farms as required under this chapter.
(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.
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 65.78 - Milk quality test samples

Current through June 24, 2024
(1) GENERAL.
(a) Whenever a dairy plant operator performs
				  a milk quality test on a bulk milk shipment from a milk producer, the dairy
				  plant operator shall perform that milk quality test on a test sample collected
				  under s.
				  ATCP
				  82.12.
(b)
				  Whenever a dairy plant operator performs a milk quality test on shipment of
				  milk in cans from a milk producer, the dairy plant operator shall perform that
				  milk quality test on a test sample collected under sub. (3).
(c) Notwithstanding pars. (a) and (b), a
				  dairy plant operator may use a composite sample, under sub. (4), to perform a
				  Babcock test for milkfat or to perform another milk quality test approved by
				  the division under sub. (4). A composite sample shall be compiled from fresh
				  milk samples collected under par. (a) or (b).
(d) This subsection does not apply to a bulk
				  load test for drug residues under s.
				  ATCP
				  65.72(3).
(e) Upon reasonable notice from the division,
				  a dairy plant operator shall provide the division with samples of producer milk
				  collected under s.
				  ATCP
				  65.38. The division may request samples once every 4
				  months, or more often as the department considers necessary for animal health
				  and milk quality testing. Every sample shall be marked with the identification
				  number of the individual producer from whom the sample was collected, and shall
				  also indicate the date on which the sample was collected. A sample shall be
				  kept at a temperature of 32º to 40º F. (0º F. to 4º C.)
				  until it is transferred to the custody of the department.
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 65.80 - Milk quality test records and reports

Current through June 24, 2024
(1) TEST RECORDS;
				  GENERAL.
(a) A person performing a milk
				  quality test shall immediately record the test result and sign the test record.
				  The test record shall specify the date of the test, including the year, the
				  identification number of the milk producer, and the milk shipment from which
				  the milk sample was collected.
(b)
				  No test record may be altered except that errors, if any, may be corrected by
				  marking a single line through the original entry and inserting the correct
				  entry immediately adjacent to the original. A corrected entry shall be
				  initialed by the person who made the corrected entry.
(c) The division may authorize a dairy plant
				  to keep test records in electronic form if the division finds that all of the
				  following requirements are met:
1. The
				  records are effectively secured against loss or tampering.
2. The records can be readily retrieved for
				  inspection by the dairy plant operator and the division.
3. The person who performs the test
				  identifies himself or herself on the test record, by an electronic method that
				  is equivalent to a personal signature.
4. If an erroneous test record is corrected,
				  the correction is identified so that the reader can easily compare the
				  corrected record to the original record.
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 65.82 - False samples, test results or reports

Current through June 24, 2024
No person may do any of the following or conspire with
					 another person to do any of the following:
(1) Falsely identify milk samples.
(2) Submit a false milk sample to the
				  department, a dairy plant operator, or a testing laboratory.
(3) Falsify any milk quality test or test
				  result.
(4) Make any false or
				  misleading record or report related to a milk quality test.
(5) Withhold any milk quality test report
				  required under this chapter.
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 65.84 - Milk component testing

Current through June 24, 2024
(1) LICENSING OF PERSON PERFORMING TEST. No
				  person may perform any milk component test unless that person is licensed to
				  perform milk component tests, either as a buttermaker or cheesemaker under s.
				  97.17,
				  Stats., or as a milk and cream tester under s.
				  98.145,
				  Stats.
(2) QUALIFICATION OF PERSON
				  USING AUTOMATED TESTING DEVICE. No person may use an automated testing device
				  to perform any milk component test unless that person is trained and qualified
				  to use automated testing devices, and that fact is stated on his or her license
				  under s.
				  97.17
				  or
				  98.145,
				  Stats.
(3) PAYMENT BASED ON MILK
				  COMPONENT TESTS. No 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, may adjust the price
				  paid to any milk producer based on the results of any milk component test or
				  somatic cell test unless the dairy plant operator does all of the following:
(a) Bases the price adjustment on either the
				  arithmetic or weighted average of all test results obtained for that producer
				  during the pay period to which the price adjustment applies. The dairy plant
				  operator shall use the same method for computing average test results for all
				  producers shipping milk to the dairy plant.
(b) Tests at least 3 milk shipments from that
				  producer at regular intervals throughout the pay period to which the price
				  adjustment applies or tests composite samples representing all milk shipments
				  from that milk producer during that pay period.
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 65.86 - Milk component test methods

Current through June 24, 2024
(1) GENERAL. Milk
				  component tests shall be performed using any of the following methods, subject
				  to additional requirements under sub. (2) and (3):
(a) A method described in the American Public
				  Health Association., Standard Methods for the Examination of "Dairy Products,"
				  17th edition (2004).
(b) A method
				  described in the Official Methods of Analysis of AOAC International," 18th
				  edition (2005).
(c) A method
				  approved in writing by the division.
Note:
"A milk component test," as defined
					 under s.
					 ATCP
					 65.01(35), means a test that
					 determines the amount of milkfat, protein, total solids, solids-not-fat, or
					 other valuable components in milk, and that may affect the price that a dairy
					 plant operator or milk contractor pays a milk producer for milk.
The American Public Health Association's "Standard Methods
					 for the Examination of Dairy Products," 17th edition (2004), is on file with
					 the division and the legislative reference bureau. Copies may be obtained from
					 the American Public Health Association, 800 I Street, NW, Washington, D.C.
					 20001, telephone 202-777-2742, website www.apha.org.
The "Official Methods of Analysis of AOAC International,"
					 18th Edition (2005), is on file with the division and the legislative reference
					 bureau. Copies may be obtained from AOAC International, 2275 Research Blvd.,
					 Rockville, MD 20850, telephone 800-379-2622, website
https://www.aoac.org
.
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 VI - Inspection and Enforcement › Section ATCP 65.910 - Inspection of dairy farms; general

Current through June 24, 2024
(1) INSPECTION BY
				  DAIRY PLANT OPERATOR. Before 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, submits a
				  milk producer license application or a grade A permit application under s.
				  ATCP
				  65.02 on behalf of a milk producer, the dairy plant
				  operator shall inspect the dairy farm for compliance with the dairy farm
				  standards under subch. II. The dairy plant operator, when submitting the
				  producer's license or permit application, shall include a copy of the dairy
				  plant operator's inspection report and shall certify that the dairy farm
				  facilities comply with dairy farm standards under subch. II. The department
				  may, at other times, require a dairy plant operator to inspect a dairy farm as
				  necessary.
(2) INSPECTION BY THE
				  DIVISION. The division shall inspect dairy farms for compliance with dairy farm
				  standards under subch. II. The division shall inspect a grade A dairy farm at
				  the frequency given in s.
				  ATCP
				  65.912 and a grade B dairy farm at least once every
				  year. For the purpose of conducting a lawful inspection under this chapter, the
				  department may exercise its authority under ss.
				  93.08,
				  93.15(2),
				  and
				  97.12(1),
				  Stats.
(3) VARIANCES. The division
				  administrator, or the division administrator's designee, may issue a written
				  waiver granting a variance from a dairy farm standard under subch. II if the
				  division determines that the variance is reasonable and necessary under the
				  circumstances, it will not compromise the purpose served by the standard, and
				  the milk producer does not hold a grade A farm permit.
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 VI - Inspection and Enforcement › Section ATCP 65.912 - Performance-based grade A dairy farm inspections

Current through June 24, 2024
(1) GENERAL. The
				  division shall use the performance standards in this section to determine grade
				  A dairy farm inspection frequency. The division shall evaluate each grade A
				  dairy farm every 3 months, on the basis of information including inspection
				  reports, milk quality tests, and department compliance actions taken during the
				  preceding 12 months. As provided in subs. (2) to (5), the division shall place
				  each dairy farm in one of the following categories:
(a) Twelve-month inspection
				  interval.
(b) Six-month inspection
				  interval.
(c) Four-month inspection
				  interval.
(d) Three-month
				  inspection interval.
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 VI - Inspection and Enforcement › Section ATCP 65.922 - Enforcement actions taken in response to drug residue violations

Current through June 24, 2024
(1) WARNING NOTICE.
				  Whenever the division receives notice under s.
				  ATCP
				  65.72(9) that a milk producer milk
				  sample has yielded a confirmed positive test result for drug residue, the
				  division shall mail a warning notice to that milk producer. The warning notice
				  takes effect 3 business days after it is mailed. The warning notice shall
				  include all of the following:
(a) A
				  description of the positive drug residue findings that caused the division to
				  issue the notice.
(b) The deadlines
				  and penalties specified in subs. (2), (4), or (5).
(c) Notice of the milk producer's right to
				  hearing under sub. (6).
(d) Notice
				  that a division representative will conduct an investigation under sub.
				  (3).
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 VI - Inspection and Enforcement › Section ATCP 65.925 - Suspension notice; requirements

Current through June 24, 2024
Whenever the division suspends a milk producer license
					 under s.
					 ATCP
					 65.920(3), or a grade A producer
					 permit, under s.
					 ATCP
					 65.920(6) or
					 65.922(2) or, the
					 suspension notice shall comply with all of the following requirements:
(1) ISSUED BY AUTHORIZED PERSON. A suspension
				  notice shall be issued by one of the following:
(a) The division administrator.
(b) A person that the division administrator
				  designates in writing, by name or position.
(c) A division representative if the
				  suspension notice is issued under s.
				  ATCP
				  65.920(6) (a) 4.
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 VI - Inspection and Enforcement › Section ATCP 65.926 - Dairy plant license and grade A permit suspension or revocation

Current through June 24, 2024
(1) The department
				  may suspend or revoke a dairy plant license or grade A dairy plant permit, as
				  provided in s.
				  93.06(7),
				  Stats., except as provided under sub. (2), the department may not suspend or
				  revoke a dairy plant license or grade A dairy plant permit except by order of
				  the secretary or the secretary's designee, as provided in ch. ATCP 1, after
				  notice and opportunity for hearing under subch. III of ch. 227, Stats. The
				  division may file a written complaint with the department seeking the
				  suspension or revocation of a dairy plant license or grade A dairy plant
				  permit. Pending completion of the proceedings, the secretary or the secretary's
				  designee may issue interim orders as necessary to protect the public health,
				  safety and welfare. If an inspection is required for the reinstatement of a
				  dairy plant license or grade A dairy plant permit that is suspended or revoked
				  under this section, the department shall charge a reinspection fee, under s.
				  ATCP
				  65.02(19), for the
				  inspection.
(2) The department may
				  suspend or revoke a dairy plant license or grade A dairy plant permit, as
				  provided under s.
				  93.06(7),
				  Stats., for cause including any of the following:
(a) A violation of this chapter or ch. ATCP
				  100.
(b) Interference with lawful
				  inspection or sampling by the department or a certifying agency under s.
				  ATCP
				  65.930, or refusal to permit lawful inspection or
				  sampling by the department or a certifying agency under s.
				  ATCP
				  65.930.
(c) Refusal to permit the lawful inspection
				  or copying of documents under s.
				  ATCP
				  65.44(2).
(d) Failure to pay fees required under s.
				  ATCP
				  65.04.
Note:
The procedure for suspending or revoking
					 a dairy plant license or grade A permit is specified in ch. ATCP
					 1.
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 VI - Inspection and Enforcement › Section ATCP 65.927 - Holding orders; identification and disposal of adulterated milk

Current through June 24, 2024
(1) HOLDING
				  ORDER. Whenever a division representative has reasonable cause to believe that
				  milk or a milk product examined by the division representative is adulterated
				  or misbranded and is dangerous to health or misleading to the injury or damage
				  of a purchaser or consumer, the division representative may issue a temporary
				  holding order to allow for further testing or examination of the milk or milk
				  product, pursuant to s.
				  97.12(2),
				  Stats. A holding order shall be written and shall identify the milk or milk
				  product that is subject to the holding order. The division may extend or
				  terminate a holding order by written notice, as provided in s.
				  97.12(2),
				  Stats. A notice extending a holding order shall be signed by the division
				  administrator, or a person authorized in writing by the division administrator.
				  A holding order and every notice extending a holding order shall include a
				  notice of the recipient's right to hearing under s.
				  ATCP
				  65.928.
(2) DISPOSAL ORDER. If analysis or
				  examination shows that milk or a milk product is adulterated or misbranded and
				  is dangerous to health or misleading to the injury or damage of a purchaser or
				  consumer, the division may issue a summary disposal order under s.
				  97.12(2)
				  (c), Stats., requiring the disposal or other
				  disposition of the milk or milk product. A disposal order may be issued by the
				  division representative who examines the milk, or by the division
				  administrator, or by a person whom the administrator designates in writing.
				  Where appropriate, an order may require relabeling of misbranded milk in lieu
				  of disposal. A holding order under sub. (1) is not a prerequisite to a disposal
				  order under this subsection. A disposal order shall be issued in writing, and
				  shall include a notice of the recipient's right to hearing under s.
				  ATCP
				  65.928.
(3) IDENTIFICATION OF ADULTERATED MILK. If
				  milk is found to be adulterated and hazardous to health, a division
				  representative may identify the milk for disposal or disposition in compliance
				  with a notice under sub. (2). To identify the adulterated milk, the division
				  representative may tag the milk container and may add a harmless food grade
				  color to the milk to prevent its sale or use for human food purposes.
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 VI - Inspection and Enforcement › Section ATCP 65.928 - Right of hearing

Current through June 24, 2024
(1) HEARING REQUEST. A person adversely
				  affected by any of the following division actions may ask the department to
				  hold a hearing on that action:
(a) The denial
				  of a milk producer license application or grade A producer permit application
				  under s.
				  ATCP
				  65.02.
(b)
				  The summary suspension of a milk producer license, under s.
				  ATCP
				  65.920(3).
(c) The issuance of a warning notice, under
				  s.
				  ATCP
				  65.920(5) (a).
(d) The suspension of a grade A producer
				  permit, under s.
				  ATCP
				  65.920(6) (a).
(e) The denial of a reinstatement
				  application, under s.
				  ATCP
				  65.920(5) (d) or (7).
(f) A holding order, disposal order, or other
				  summary action, under s.
				  ATCP
				  65.927.
(g) The suspension or revocation of a dairy
				  plant license or grade A permit, under s.
				  ATCP
				  65.926.
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 VI - Inspection and Enforcement › Section ATCP 65.930 - Grade A dairy plants; compliance monitoring and inspection

Current through June 24, 2024
(1) AUDIT SURVEYS
				  BY CERTIFYING AGENCY.
(a)
Requirement.
The division shall perform audit surveys of grade
				  A dairy plants, and the dairy farms shipping milk to those dairy plants, to
				  establish a grade A sanitation compliance rating under this chapter. The
				  division shall survey a grade A dairy plant, and the farms shipping milk to
				  that dairy plant, at all of the following times:
1. Within 20 business days after the
				  department first issues a grade A dairy plant permit to the dairy plant under
				  s.
				  ATCP
				  65.04.
2.
				  At least once every 2 years after the initial survey under subd. 1.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter I - Scope and Definitions › Section ATCP 70.01 - Scope

Current through June 24, 2024
This chapter applies to all food processing plants, as
					 defined in s.
					 ATCP
					 70.02(23).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter II - General Requirements › Section ATCP 70.04 - Federal and record keeping requirements

Current through June 24, 2024
(1) FACILITIES AND
				  QUALIFIED FACILITIES. A food processing plant that is also a facility or a
				  qualified facility shall comply with the requirements of this chapter and
				  applicable requirements of 21 CFR part 117.
(2) RECORD REQUIREMENTS AND RETENTION.
(a) The operator of a food processing plant
				  that is a facility shall create all records to meet the requirements for
				  records in
				  21 CFR
				  117.305, unless otherwise specified in this
				  chapter or in 21 CFR part 120 or 21 CFR part 123.
(b) All records generated under par. (a)
				  shall be retained and made available to the department, in accordance with the
				  provisions set forth in
				  21 CFR
				  117.315, unless otherwise specified in this
				  chapter or in 21 CFR part 120 or 21 CFR part 123.
(c) The license holder shall maintain on site
				  at the food processing plant, and make available to the department or its agent
				  when requested, all applicable approvals, variances, waivers, plans, and
				  licenses pertaining to the operation and maintenance of the
				  plant.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter II - General Requirements › Section ATCP 70.06 - Food processing plants; licensing; fees

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. Except as provided under sub. (11), no person may operate a food
				  processing plant without a valid license issued by the department for that food
				  processing plant under s.
				  97.29,
				  Stats. A food processing plant license expires on March 31 annually. A license
				  is not transferable between persons or food processing plants.
(2) LICENSE APPLICATION. Application for an
				  annual license to operate a food processing plant shall be made on a form
				  provided by the department. The application shall include applicable fees
				  required under this section.
(3)
				  ANNUAL LICENSE FEE. An applicant for a license to operate a food processing
				  plant shall pay an annual license fee. Except as provided in sub. (4), the fee
				  amount is as follows:
(a) For operating a
				  food processing plant that has an annual production of at least $25,000 but
				  less than $250,000, and the operator is engaged in processing potentially
				  hazardous food or in canning, an annual license fee of $400.
(b) For operating a food processing plant
				  that has an annual production of at least $250,000, and the operator is engaged
				  in processing potentially hazardous food or in canning, an annual license fee
				  of $835.
(c) For operating a food
				  processing plant that has an annual production of at least $25,000 but less
				  than $250,000, and the operator is not engaged in processing potentially
				  hazardous food or in canning, an annual license fee of $160.
(d) For operating a food processing plant
				  that has an annual production of at least $250,000, and the operator is not
				  engaged in processing potentially hazardous food or in canning, an annual
				  license fee of $520.
(e) For
				  operating a food processing plant that has an annual production of less than
				  $25,000, an annual license fee of $95.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter II - General Requirements › Section ATCP 70.08 - Construction and maintenance

Current through June 24, 2024
(1) CONSTRUCTION
				  AND MAINTENANCE; GENERAL. Food processing plants shall be soundly constructed
				  and maintained in order to prevent adulteration as defined in s.
				  97.02,
				  Stats. The license holder shall maintain in a clean and sanitary condition all
				  buildings, facilities, and equipment used in food processing operations. The
				  interior and exterior portions of a food processing plant, and the premises on
				  which the food processing plant is located, shall be maintained in a sanitary
				  condition in compliance with this chapter.
(2) FLOORS, WALLS, CEILINGS, AND SERVICE
				  SINKS.
(a) Walls and ceilings in processing
				  areas shall be light colored.
(b)
				  Floors, walls, and ceilings in processing areas, toilet rooms, and areas used
				  for the cleaning or storage of equipment or utensils shall be constructed of
				  smooth, impervious, and easily cleanable materials. This does not prohibit the
				  use of easily cleanable anti-slip floors.
(c) All floors, walls, and ceilings shall be
				  kept clean and in good repair.
(d)
				  A food processing plant constructed or altered in a manner that changes the
				  dimensions of a processing area after June 30, 1989, or a food processing plant
				  that is initially licensed or is licensed to a new operator after June 30,
				  1989, shall conform to the following requirements:
1. The junctions of walls and floors in
				  processing areas shall be coved, or otherwise constructed so that each junction
				  does not form a right angle, to facilitate cleaning.
2. Floors that are water flushed for
				  cleaning, or on which water or fluid wastes are discharged, shall have an
				  adequate number of floor drains and be adequately sloped to ensure proper
				  drainage to the floor drains.
3. An
				  adequate number of service sinks or curbed floor drains shall be provided for
				  use in the cleaning of mops or wet floor cleaning tools, and for the disposal
				  of mop water or similar liquids.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter II - General Requirements › Section ATCP 70.10 - Personnel standards

Current through June 24, 2024
(1) CLEANLINESS.
(a) Persons engaged in food processing shall
				  maintain a high degree of personal cleanliness, and shall observe good hygienic
				  practices during all working periods. Persons engaged in food processing shall
				  wash their hands before beginning work and upon returning to work after using
				  toilet facilities, eating, smoking, or engaging in other activities which may
				  contaminate the hands. Persons engaged in food processing shall keep their
				  fingernails clean and neatly trimmed, and shall not wear fingernail polish
				  unless they wear sanitary gloves at all times when handling food.
(b) Paragraph (a) does not apply to an
				  operator of a maple sap concentration facility licensed to operate a food
				  processing plant that is required to meet the provisions of s.
				  ATCP
				  87.28.