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 65.920 - Suspension or revocation of grade A producer permit or milk producer license

Current through June 24, 2024
(1) GENERAL. The department may suspend or
				  revoke a milk producer's license, as provided in s.
				  93.06(7),
				  Stats. The suspension or revocation of a milk producer's license also suspends
				  or revokes a grade A producer permit held by the milk producer. A dairy plant
				  shall not receive milk from a milk producer whose milk producer's license is
				  suspended or revoked.
(2) ORDER FOR
				  SUSPENSION OR REVOCATION. Except when a summary suspension is ordered as
				  provided under sub. (3), the department may not suspend or revoke a milk
				  producer's license 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 milk producer's
				  license. Pending completion of the suspension or revocation, the secretary or
				  secretary's designee may issue interim orders as necessary to protect the
				  public health, safety, and welfare.
(3) SUMMARY SUSPENSION BY THE DIVISION. The
				  division may issue a written notice summarily suspending a milk producer's
				  license if the division makes a written finding in its suspension notice that
				  the milk producer has refused to permit inspection or sampling authorized by
				  law, or that one or more conditions in pars.
(a) to (e) are present, or one or more
				  conditions indicate the sale or shipment of milk from the milk producer's dairy
				  farm poses an imminent hazard to public health and there is a reasonable
				  likelihood that the hazard will continue if the milk producer's license is not
				  summarily suspended. A summary suspension notice shall comply with s.
				  ATCP
				  65.925 and becomes effective when served on the milk
				  producer. A milk producer served a summary suspension may request a hearing on
				  the summary suspension notice, as provided in s.
				  ATCP
				  65.928.
(a) An inspection of the milk producer's
				  dairy farm reveals gross violations of dairy farm standards under subchapter
				  II, or reveals violations that constitute an acute hazard to public
				  health.
(b) A confirmed standard
				  plate count or plate loop count on the milk producer's milk exceeds 1,000,000
				  per ml.
(c) Milk from the milk
				  producer's dairy farm is reasonably believed to contain pesticides or toxic
				  substances that may be harmful to humans.
(d) An infectious disease, transmissible to
				  humans through milk, is diagnosed by a licensed veterinarian in the milk
				  producer's herd.
(e) The producer
				  has not made an agreement with the division for the disposition of violations,
				  as required in any warning notice issued under s.
				  ATCP
				  65.922(4) or (5).