ATCP 60.245(2)(g)
(g) The milk producer has not violated any milk temperature or cooling standards under this chapter.
ATCP 60.245(3)
(3) Four-month inspection interval. The department shall inspect a grade A dairy farm in this category at least once every 4 months. The department shall place a dairy farm in this category if
subs. (1),
(2) and
(4) do not apply, based on dairy farm inspection reports, milk quality tests and department compliance actions during the preceding 12 months. Once the department places a dairy farm in this category, the department may not reassign the dairy farm to any inspection category under
sub. (1) or
(2) until a date that is at least 12 months after the department's next 3-month evaluation of the dairy farm under this section.
ATCP 60.245(4)(a)(a) The department shall inspect a grade A dairy farm in this category at least once every 3 months. The department shall place a dairy farm in this category if
subs. (1) and
(2) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests or department compliance actions during the preceding 12 months:
ATCP 60.245(4)(a)5.
5. The department suspended the milk producer's dairy farm license or grade A dairy farm permit.
ATCP 60.245(4)(b)
(b) Once the department places a dairy farm in the 3-month inspection category under
par. (a), the department may not reassign the dairy farm to any inspection category under
subs. (1) to
(3) until a date that is at least 12 months after the department's next 3-month evaluation of the dairy farm under this section.
ATCP 60.245 History
History: CR 01-125: r. and recr.
Register December 2002 No. 564, eff. 1-1-03;
CR 04-005: am. (1) (a) and (b)
Register October 2004 No. 586, eff. 11-1-04;
CR 07-006: cr. (1) (g) and (2) (g), renum. (2) (e) to (g) to be (d) to (f), am. (3), r. and recr. (4),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.25
ATCP 60.25
Suspension or revocation of milk producer license. ATCP 60.25(1)(1)
General. The department may suspend or revoke a milk producer's license for cause, as provided in s.
93.06 (7), Stats. The suspension or revocation of a milk producer's license also suspends or revokes any grade A farm permit held by the producer. Except as provided under
sub. (2), the department may not suspend or revoke a milk producer's license except by order of the secretary or the secretary's designee, after notice and opportunity for hearing under
ch. 227, Stats. The food safety division may file a written complaint with the department, seeking the suspension or revocation of a milk producer's license. 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.
ATCP 60.25 Note
Note: Cause for which a milk producer's license may be suspended or revoked may include violations of dairy farm standards under subchapter III; violations of milk quality standards under s.
ATCP 60.15; willful interference with, or refusal to permit a lawful dairy farm inspection; or failure to pay a required fee under s.
ATCP 60.05.
ATCP 60.25(2)
(2) Summary suspension by food safety division. The food safety 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 any of the following circumstances exist and warrant summary suspension:
ATCP 60.25(2)(a)
(a) The sale or shipment of milk from the producer's dairy farm poses an imminent hazard to public health, and there is a reasonable likelihood that the hazard may continue if the producer's license is not summarily suspended.
ATCP 60.25 Note
Note: The following conditions, individually or in combination, may constitute evidence of an imminent public health hazard under this paragraph:
ATCP 60.25 Note
1. An inspection of the producer's dairy farm reveals gross violations of dairy farms standards under subchapter III, or reveals violations which pose an acute health risk.
ATCP 60.25 Note
2. Confirmed standard plate counts or plate loop counts on the producer's milk indicate bacterial counts of more than 1,000,000 per ml. in the milk.
ATCP 60.25 Note
3. Drug tests on the producer's milk indicate that drug residues are present in the milk.
ATCP 60.25 Note
4. Milk from the producer's dairy farm is reliably believed to contain pesticides or toxic substances which may be harmful to humans.
ATCP 60.25 Note
5. An infectious disease, transmissible to humans through milk, is reliably diagnosed in the producer's herd.
ATCP 60.25(2)(b)
(b) The producer has refused to permit inspection or sampling authorized by law.
ATCP 60.25(3)
(3) Summary suspension notice; right of hearing. A summary suspension notice under
sub. (2) becomes effective when served on the producer. A summary suspension notice shall comply with
s. ATCP 60.26. A person adversely affected by a summary suspension notice may request a hearing on the summary suspension notice, as provided in
s. ATCP 60.31.
ATCP 60.25(4)
(4) Inspection prior to reinstatement; reinspection fee. If an inspection is required for reinstatement of a license which is suspended or revoked under this section, the department shall charge a reinspection fee under
s. ATCP 60.04 for the inspection.
ATCP 60.25 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89.
ATCP 60.26
ATCP 60.26
Suspension or revocation of grade A farm permit; general. The department may suspend or revoke a milk producer's grade A permit for cause, as provided in s.
93.06 (7), Stats. Except as provided under
s. ATCP 60.25,
60.27,
60.275 or
60.28, the department may not suspend or revoke a grade A permit except by order of the secretary or the secretary's designee, after notice and opportunity for hearing under
ch. 227, Stats. The food safety division may file a written complaint with the department, seeking the suspension or revocation of a grade A 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 grade A permit that is suspended or revoked under this section, the department shall charge a reinspection fee under
s. ATCP 60.04 for the inspection.
ATCP 60.26 Note
Note: Cause for which a producer's grade A permit may be suspended or revoked may include violation of a dairy farm standard under subchapter III; violation of a milk quality standard under s.
ATCP 60.15; willful interference with, or refusal to permit, a lawful dairy farm inspection; or failure to pay fees for which the producer is liable under s.
ATCP 60.05 (3).
ATCP 60.27
ATCP 60.27
Violation of grade A milk quality standards; suspension of grade A farm permit by food division. ATCP 60.27(1)(1)
Warning notice. The food safety division shall mail a written warning notice to a grade A milk producer whenever any of the following occurs:
ATCP 60.27(1)(b)
(b) Two of the last 4 somatic cell counts reported to the department under
s. ATCP 60.20 (4) exceed 750,000 somatic cells per ml. for cow or sheep milk, or 1,000,000 per ml. for goat milk, in violation of the standard under
s. ATCP 60.15 (4).
ATCP 60.27(2)
(2) Contents of warning notice; effective period. A warning notice under
sub. (1) shall warn the producer that the producer's grade A permit will be suspended if milk quality testing indicates a continued violation of the standard under
s. ATCP 60.15 to which the warning notice pertains. A copy of the notice shall be mailed to the dairy plant operator. A warning notice becomes effective 3 days after it is mailed, and remains in effect as long as the standard cited in the warning notice is violated on 2 of the last 4 reported tests.
ATCP 60.27(3)
(3) Testing subsequent to warning notice. Not less than 3 calendar days nor more than 21 calendar days after a warning notice under
subs. (1) and
(2) becomes effective, the dairy plant operator shall obtain and test a sample of the producer's milk for compliance with the milk quality standard cited under
sub. (1). A milk sample collected under
s. ATCP 60.17 and tested by a dairy plant operator under subchapter
IV satisfies this requirement, provided that the sample is obtained and tested within the time period specified under this paragraph, and the dairy plant operator reports the test result to the department within the applicable reporting time specified under subch.
IV.
ATCP 60.27(4)
(4) Suspension notice. The food safety division shall mail a written notice to a milk producer, suspending the milk producer's grade A permit, if any of the following occurs while a warning notice under
subs. (1) and
(2) remains in effect:
ATCP 60.27(4)(b)
(b) Three of the last 5 somatic cell counts reported to the department under
s. ATCP 60.20 (4) and
sub. (3) exceed 750,000 somatic cells per ml. for cow or sheep milk, or 1,000,000 per ml. for goat milk.
ATCP 60.27 Note
Note: This subsection does not prohibit the food safety division from summarily suspending a milk producer's license and grade A permit under s.
ATCP 60.25, without prior warning, if the division determines that any of the circumstances identified under s.
ATCP 60.25 (2) exists.
ATCP 60.27(5)
(5) Effective date of suspension; contents of suspension notice. The suspension of a milk producer's grade A farm permit becomes effective 3 days after a suspension notice under
sub. (4) is mailed. The department shall give prior oral or written notice of the suspension to the dairy plant operator, and shall mail or deliver a copy of the suspension notice to the dairy plant operator. The suspension notice shall comply with
s. ATCP 60.29.
ATCP 60.27(6)(a)(a) A milk producer may ask the department to reinstate a grade A farm permit suspended under
sub. (4). The producer shall make the request in writing, on a form provided by the department under
s. ATCP 60.29 (4). The request shall include the result of a milk quality test, performed by the dairy plant operator on a milk sample collected after the effective date of the suspension, showing that the milk producer is no longer violating the relevant milk quality standard.
ATCP 60.27(6)(b)
(b) Within 7 days after the department receives a complete reinstatement request that complies with
par. (a), the department shall do one of the following:
ATCP 60.27(6)(b)1.
1. If the producer seeks reinstatement of a grade A permit suspended under
sub. (4) (a), the department shall inspect the dairy farm and charge a reinspection fee under
s. ATCP 60.04. The inspector shall reinstate the grade A permit if the inspector finds that the producer has corrected all the conditions potentially responsible for the violations cited in the suspension notice. The inspector shall notify the dairy plant operator of the reinstatement.
ATCP 60.27(6)(b)2.
2. If the producer seeks reinstatement of a grade A permit suspended under
sub. (4) (b), the department shall reinstate the grade A permit. The department shall notify the producer and the dairy plant operator of the reinstatement.
ATCP 60.27(6)(c)
(c) If a milk producer does not request reinstatement under
par. (a) within 6 months after the producer's grade A permit is suspended under this section, the permit is automatically revoked at the end of the 6 month period. Once revoked, the permit may not be reinstated except upon the filing of a new application under
s. ATCP 60.03. Written notice to this effect shall be provided to the producer at the time of revocation. This paragraph does not apply if the suspension of the producer's grade A permit has been contested, and the contested case proceedings are still pending.
ATCP 60.27 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (3),
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: am. (1), (4), (6) (a); renum. (6) (b) to be (c), cr. (6) (b),
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (1) (b) and (4) (b), cr. (1) (c) and (4) (c),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.275
ATCP 60.275
Drug residue violations; producer sanctions. ATCP 60.275(1)(a)(a) Requirement. Whenever the food safety division receives notice under
s. ATCP 60.19 (8) that a producer milk sample has tested positive for a drug residue, the division shall mail a warning notice to that producer. The warning notice takes effect 3 days after it is mailed. The warning notice shall include all of the following:
ATCP 60.275(1)(a)1.
1. A description of the positive drug residue findings which caused the department to issue the notice.
ATCP 60.275(1)(b)
(b) Grade A permit suspension; 21-day notice. The warning notice under
par. (a) shall state that, 21 days after the effective date of the warning notice, the food safety division will suspend the producer's grade A dairy farm permit unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
ATCP 60.275(1)(c)
(c) Dairy farm license suspension; 45-day notice. The warning notice under
par. (a) shall state that, 45 days after the effective date of the warning notice, the food safety division will initiate action to suspend the producer's dairy farm license unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
ATCP 60.275 Note
Note: The drug residue prevention program under this section should conform to the "Milk and Dairy Beef Quality Assurance Program" published by Agri-Education, Inc. A copy of that manual is on file with the department and the legislative reference bureau and may be obtained from the Milk & Dairy Beef Quality Assurance Center, 801 Shakespeare Avenue, Stratford, Iowa, 50249, telephone 800-553-2479, website
www.dqacenter.org/catalog.htm.
ATCP 60.275(1)(d)
(d) Right to informal hearing. If a producer receiving a warning notice under
par. (a) disputes the drug residue findings on which the notice is based, the producer may request an informal hearing to discuss the drug residue findings. A request for hearing does not automatically stay the warning notice. If the producer requests an informal hearing, the food safety division shall hold an informal hearing at the division's nearest regional office or by telephone. The division shall hold the informal hearing within 10 business days after the division receives the request for hearing, unless the producer agrees to a later hearing date. The division may withdraw a warning notice if it appears that the notice was not justified.
ATCP 60.275(2)(a)(a) Notice suspending permit. If the food safety division does not receive a producer certification within the 21-day period specified under
sub. (1) (b), the division shall mail a notice to the producer suspending the producer's grade A permit. The suspension notice shall comply with
s. ATCP 60.29. The suspension notice takes effect 3 days after it is mailed. The division shall notify the dairy plant operator of the suspension, and shall provide the operator with a copy of the suspension notice.
ATCP 60.275(2)(b)1.1. If the department suspends a milk producer's grade A dairy farm permit under
par. (a), the producer may ask the food safety division to reinstate the permit. The producer shall file the reinstatement request in writing, on a form provided by the department under
s. ATCP 60.29 (4). The request shall certify that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
ATCP 60.275(2)(b)2.
2. Within 7 days after the department receives a complete reinstatement request under
subd. 1., the department shall inspect the producer's dairy farm. The department shall charge a reinspection fee for the inspection, pursuant to
s. ATCP 60.04. If, upon inspection, it appears that all conditions potentially responsible for the positive drug residue finding have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.
ATCP 60.275(2)(b)3.
3. If a milk producer does not request reinstatement under
subd. 1. within 6 months after the producer's grade A permit is suspended under
par. (a), the permit is revoked automatically at the end of the 6 month period. A permit, once revoked, may not be reinstated unless the producer files a new application under
s. ATCP 60.03. Written notice to this effect shall be included in the suspension notice under
par. (a), and shall also be provided to the producer at the time of revocation. This subdivision does not apply if the producer's grade A permit suspension has been contested and the contested case proceeding is pending.
ATCP 60.275(3)
(3) License suspension. License suspension; failure to implement drug residue prevention program. If the food safety division does not receive a producer certification within the 45-day period specified under
sub. (1) (c), the division shall file a complaint asking the department to suspend the producer's dairy farm license until the producer implements a drug residue prevention program.
ATCP 60.275(3)(b)
(b)
License suspension; 3 violations within 12 months. If, within any 12 month period, the food safety division receives 3 notices under
s. ATCP 60.19 (8) that milk samples from the same producer have tested positive for drug residues, the division shall file a complaint asking the department to suspend the producer's dairy farm license for at least 30 days.
ATCP 60.275 Note
Note: The producer sanctions under this section are in addition to any other sanctions provided under this chapter or ch.
93 or
97, Stats., and do not limit the application of those other sanctions.
ATCP 60.275(4)
(4) Investigation. Within 30 days after the department issues a warning notice under
sub. (1), the food safety division or its agent shall conduct an investigation to determine the cause of the drug residue violation, and to identify milk producer actions that may be needed to prevent future violations. The food safety division may direct the dairy plant operator who procures milk from the producer to conduct the investigation as the division's agent and report its findings to the division, in writing, within the 30-day time period.
ATCP 60.275 History
History: Cr.
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: am. (1) (a) (intro.), (b) to (d), (2) (a), (b) 1. and (3),
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: cr. (1) (a) 4. and (4),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.28
ATCP 60.28
Violation of grade A farm standards; suspension of grade A farm permit by food division. ATCP 60.28(1)(1)
Warning notice. If a food safety division inspector finds a key violation on a grade A dairy farm, the inspector may issue a warning notice to the producer. The warning notice shall state that the department will suspend the producer's grade a permit if the producer does not correct the violation by a deadline date specified in the notice. The inspector shall specify a correction deadline based on the seriousness of the key violation and the time reasonably required to correct the key violation. The correction deadline shall be not less than 3 days nor more than 60 days after the inspector issues the warning notice. The inspector shall serve the warning notice in person or by mail, or shall prominently post the notice in the milkhouse. The inspector shall mail or deliver a copy of the warning notice to the dairy plant operator. The warning notice shall include a notice of the producer's right to hearing under
s. ATCP 60.31.
ATCP 60.28(2)
(2) Reinspection; suspension notice. Within 7 days after the correction deadline date specified in a warning notice under
sub. (1), a food safety division inspector shall reinspect the dairy farm to determine whether the producer has corrected each key violation cited in the warning notice. The department shall charge a reinspection fee for the inspection, pursuant to
s. ATCP 60.04. If the inspector finds that the producer has not corrected a key violation cited in the warning notice, the inspector shall issue a written notice suspending the producer's grade A permit. The suspension takes effect when the inspector serves the notice on the producer, according to
s. ATCP 60.29 (6). The inspector shall promptly notify the dairy plant operator, and may tag the bulk tank to notify the milk hauler of the suspension. The inspector shall mail or deliver a copy of the suspension notice to the dairy plant operator. A person adversely affected by the suspension notice may request a hearing on the notice as provided under
s. ATCP 60.31.
ATCP 60.28(3)(a)(a) A milk producer whose grade A farm permit is suspended under
sub. (2) may file a written request for reinstatement with the department. The reinstatement request shall be made on a form provided by the department under
s. ATCP 60.29 (4). Within 7 days after the department receives the reinstatement request, the department shall inspect the producer's dairy farm in response to the reinstatement request. The department shall charge a reinspection fee for the inspection, pursuant to
s. ATCP 60.04. If, upon inspection, it appears that all violations cited in the suspension notice have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.
ATCP 60.28(3)(b)
(b) If a milk producer does not request reinstatement under
par. (a) within 6 months after a producer's grade A permit is suspended under
sub. (2), the grade A permit is automatically revoked at the end of the 6 month period. Once revoked, the permit may not be reinstated except upon the filing of a new application under
s. ATCP 60.03. Written notice to this effect shall be provided to the producer at the time of revocation. This paragraph does not apply if the suspension of the producer's grade A permit has been contested, and the contested case proceedings are still pending.
ATCP 60.28 Note
Note: Subsection (3) does not prohibit the food safety division from summarily suspending a milk producer's license and grade A permit under s.
ATCP 60.25 without prior warning if the food division determines that any of the circumstances identified under s.
ATCP 60.25 (2) exist.
ATCP 60.28 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 01-125: am. (1) and (2);
Register December 2002 No. 564, eff. 1-1-03.
ATCP 60.29
ATCP 60.29
Suspension notice; requirements. Whenever the food safety division suspends a milk producer license under
s. ATCP 60.25 (2), or a grade A farm permit under
s. ATCP 60.27 or
60.28, the suspension notice shall comply with the following requirements:
ATCP 60.29(1)
(1) Issued by authorized person. A suspension notice shall be issued by one of the following:
ATCP 60.29(1)(b)
(b) A person that the food safety division administrator designates in writing, by name or position.
ATCP 60.29(2)
(2) Reason for suspension. A suspension notice shall specify the reasons for which the suspension notice is issued.
ATCP 60.29(3)
(3) Term of suspension; reinstatement requirement. A suspension notice shall indicate the term of the suspension or, if the suspension is for an indefinite term, the conditions that the producer must meet in order to obtain reinstatement of the license or grade A permit. Conditions for reinstatement shall be reasonably related to the reasons for which the license or permit is suspended. A summary license suspension notice under
s. ATCP 60.25 (2)
, may authorize a dairy plant operator to receive milk from the suspended producer on a conditional basis, pending full reinstatement of the producer's license, provided that the operator performs specified inspections or tests.
ATCP 60.29(4)
(4) Reinstatement application form. A notice suspending a grade A permit under
s. ATCP 60.27 or
60.28 shall be accompanied by a reinstatement application form which may be used by the affected milk producer to apply for reinstatement of the milk producer's grade A permit. The form shall include a statement, to be signed by the affected milk producer, that all requirements for the reinstatement of the grade A permit have been met to the best of the milk producer's knowledge. If a milk producer requests a hearing on a suspension under
s. ATCP 60.31, a request for reinstatement under this subsection does not constitute an admission or waiver by the milk producer with respect to any fact, issue or cause of action.
ATCP 60.29(5)
(5) Notice of right to hearing. A suspension notice shall include a notice that the producer may request a hearing on the suspension, as provided under
s. ATCP 60.31.
ATCP 60.29(6)
(6) Service on milk producer. A suspension notice shall be served on the affected milk producer by one of the following methods:
