ATCP 65.54 Note Note: PMO Appendix H, Subsection IV 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.
ATCP 65.54 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.56 ATCP 65.56Labeling pasteurized and unpasteurized products.
ATCP 65.56(1)(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.
ATCP 65.56(2) (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.
ATCP 65.56(3) (3)Subsection (2) does not apply to cheese that meets all of the following requirements:
ATCP 65.56(3)(a) (a) The standard of identity for the cheese provides that the cheese may be made from unpasteurized dairy products.
ATCP 65.56(3)(b) (b) The cheese is held for at least 61 days at a temperature not less than 35° F. before being distributed for retail sale, or for further processing without pasteurization.
ATCP 65.56(3)(c) (c) The label on every shipping container and consumer package of cheese states that the cheese is “aged over 60 days."
ATCP 65.56(4) (4)Subsection (2) does not apply to a dairy product that is sterilized and sealed in a hermetically sealed container.
ATCP 65.56 Note Note: See dairy product labeling requirements in subch. III.
ATCP 65.56 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.58 ATCP 65.58Pasteurization time and temperature.
ATCP 65.58(1)(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.
ATCP 65.58(2) (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 PDF
ATCP 65.58(3) (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:
ATCP 65.58(3)(a) (a) 191° F. (89° C.) for 1.0 seconds.
ATCP 65.58(3)(b) (b) 194° F. (90° C.) for 0.5 seconds.
ATCP 65.58(3)(c) (c) 201° F. (94° C.) for 0.1 seconds.
ATCP 65.58(3)(d) (d) 204° F. (96° C.) for 0.05 seconds.
ATCP 65.58(3)(e) (e) 212° F. (100° C.) for 0.01 seconds.
ATCP 65.58(4) (4) A UHT pasteurized dairy product shall be thermally processed at or above a temperature of 280° F. (138 ° C.) for at least 2 seconds.
ATCP 65.58 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (3) (a) to (e) made under s. 35.17, Stats., Register August 2016 No. 728.
ATCP 65.60 ATCP 65.60Batch pasteurization. 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 5° F. (3° C.) higher than the minimum pasteurization temperature of the pasteurized product.
ATCP 65.60 Note Note: 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.
ATCP 65.60 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.62 ATCP 65.62HTST and HHST pasteurization. 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.
ATCP 65.62 Note Note: 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.
ATCP 65.62 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.64 ATCP 65.64Aseptic processing and packaging.
ATCP 65.64(1)(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.
ATCP 65.64(2) (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.
ATCP 65.64 Note Note: 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.
ATCP 65.64 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.66 ATCP 65.66Pasteurization records.
ATCP 65.66(1) (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.
ATCP 65.66(2) (2)Batch pasteurization records. Except as provided in sub. (3), batch pasteurization records shall include all the following:
ATCP 65.66(2)(a) (a) Each date, including the year, on which dairy products are pasteurized.
ATCP 65.66(2)(b) (b) The identification number or location of each pasteurization time and temperature recording chart, if more than one is used.
ATCP 65.66(2)(c) (c) A continuous temperature recording chart temperature record for each batch of pasteurized product.
ATCP 65.66(2)(d) (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.
ATCP 65.66(2)(e) (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.
ATCP 65.66(2)(f) (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.
ATCP 65.66(2)(g) (g) The name and quantity of dairy product included in each pasteurization batch shown on the temperature recording chart.
ATCP 65.66(2)(h) (h) A record of any unusual circumstances that occurred during each batch pasteurization.
ATCP 65.66(2)(i) (i) The name of the dairy plant.
ATCP 65.66(2)(j) (j) The signature or initials of the dairy plant operator, or a responsible employee or agent of the operator.
ATCP 65.66(3) (3)HTST and HHST pasteurization records. Pasteurization records for HTST and HHST pasteurization operations shall include all the following:
ATCP 65.66(3)(a) (a) Each date, including the year, on which dairy products are pasteurized.
ATCP 65.66(3)(b) (b) The identification number or location of each pasteurization time and temperature recording chart, if more than one is used.
ATCP 65.66(3)(c) (c) A continuous temperature recording chart for each pasteurization run.
ATCP 65.66(3)(d) (d) The temperature reading on the indicating thermometer at the start of each pasteurization run, and at a specific time identified as a point on the temperature recording chart.
ATCP 65.66(3)(e) (e) Documentation, on the temperature recording chart, of every time period during which the flow-diversion device on the pasteurizer is in the forward-flow position.
ATCP 65.66(3)(f) (f) The cut-in and cut-out product temperatures at the beginning of each HTST pasteurization run. The pasteurizer operator shall record these temperatures daily on the temperature recording chart.
ATCP 65.66(3)(g) (g) The temperature reading on the indicating thermometer whenever the temperature recording chart for the pasteurization system is changed.
ATCP 65.66(3)(h) (h) The name and quantity of dairy product included in each pasteurization run shown on the temperature recording chart.
ATCP 65.66(3)(i) (i) A record of any unusual circumstances that occurred during each pasteurization run.
ATCP 65.66(3)(j) (j) The name of the dairy plant.
ATCP 65.66(3)(k) (k) The signature or initials of the dairy plant operator, or a responsible employee or agent of the operator.
ATCP 65.66(4) (4)Flow records for HTST and HHST pasteurizers with meter based timing systems. In addition to requirements in sub. (3), pasteurization records for HTST and HHST pasteurization operations with meter based timing systems shall include all of the following:
ATCP 65.66(4)(a) (a) Each date, including the year, on which dairy products are pasteurized.
ATCP 65.66(4)(b) (b) The identification number or location of each pasteurization time and flow-rate recording chart, if more than one is used.
ATCP 65.66(4)(c) (c) A continuous flow-rate recording chart record of the flow rate.
ATCP 65.66(4)(d) (d) A continuous flow-rate recording chart record of the status of the high and low flow/loss of signal alarms.
ATCP 65.66(4)(e) (e) The name and quantity of dairy product pasteurized in each pasteurization run shown on the flow-rate recording chart.
ATCP 65.66(4)(f) (f) A record of any unusual circumstances that occurred during each pasteurization run.
ATCP 65.66(4)(g) (g) The name of the dairy plant.
ATCP 65.66(4)(h) (h) The signature or initials of the dairy plant operator or a responsible employee or agent of the operator.
ATCP 65.66 History History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.
ATCP 65.68 ATCP 65.68Pasteurizer testing.
ATCP 65.68(1) (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).
ATCP 65.68(2) (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.
ATCP 65.68 Note 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.
ATCP 65.68(3) (3)Test frequency; grade A pasteurizers. The division shall test each grade A pasteurization system at the following times:
ATCP 65.68(3)(a) (a) Before the pasteurization system is first put into operation.
ATCP 65.68(3)(b) (b) At least once every 3 months, except that a holding time test may be conducted at least once every 6 months.
ATCP 65.68(3)(c) (c) Whenever a seal, under sub. (5), is broken.
ATCP 65.68(4) (4)Test frequency; grade B pasteurizers. The division shall test a grade B pasteurization system at the following times:
ATCP 65.68(4)(a) (a) Before the pasteurization system is first put into operation.
ATCP 65.68(4)(b) (b) At least once every 12 months.
ATCP 65.68(4)(c) (c) Whenever a seal, under sub. (5), is broken.
ATCP 65.68(5) (5)Department seals. When the division's test confirms that a pasteurization system is operating correctly, the division shall apply seals that prevent any alteration of the system that would allow any unpasteurized milk or dairy product to flow through the system.
ATCP 65.68(6) (6)Broken seal.
ATCP 65.68(6)(a)(a) A dairy plant operator shall notify the division by telephone, electronic mail, or facsimile (FAX) transmission within 2 hours after the dairy plant operator breaks a seal applied by the division under sub. (5), or within 2 hours after a pasteurizing system malfunctions to the possible detriment of public health or safety. The dairy plant operator shall also notify the department in writing, on a form provided by the division, within 5 business days after the seal is broken or the system malfunctions.
ATCP 65.68(6)(b) (b) A dairy plant operator may not operate a pasteurizer after breaking a seal applied by the department under sub. (5), unless all of the following conditions are met:
ATCP 65.68(6)(b)1. 1. The dairy plant operator notifies the department under par. (a).
ATCP 65.68(6)(b)2. 2. The dairy plant operator determines and documents that pasteurization time and temperature requirements under s. ATCP 65.58 are met, and that the pasteurization system is repaired and functioning properly. Time and temperature records required by s. ATCP 65.66 shall be retained for at least 6 months.
ATCP 65.68(6)(b)3. 3. The dairy plant operator conducts phosphatase tests, under par. (d), if the pasteurizer is used to pasteurize milk without added flavors or ingredients other than vitamins. Phosphatase testing shall confirm that pasteurized milk without added flavors or ingredients other than vitamins contains less than 350 milli-units of detectable alkaline phosphatase per liter.
ATCP 65.68(6)(b)4. 4. A pasteurizer operator qualified under s. ATCP 65.54 (3) is present to operate the pasteurizer, or to supervise its operation.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.