ATCP 77.01(11)
(11) "Milk" means the lacteal secretion of cows, sheep or goats, and includes dairy products made from milk.
ATCP 77.01(12)
(12) "Operator" means a person who owns or controls a laboratory.
ATCP 77.01(13)
(13) "Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity. "Person" includes counties, municipalities, the state of Wisconsin and agencies of the state.
ATCP 77.01(14)
(14) "Public health standard" means a federal, state or local statute, rule or ordinance which specifies a standard for the safety or wholesomeness of milk, water or food for human consumption.
ATCP 77.01(15)
(15) "Public water system laboratory" means a laboratory that tests water for a public water system as defined in
s. NR 108.02 (12).
ATCP 77.01(16)
(16) "Test" means a laboratory examination of milk, water or food.
ATCP 77.01(17)
(17) "Visual read test" means a drug residue screening test performed by an individual who interprets the result without the aid of a mechanical reader.
ATCP 77.01 History
History: Cr.
Register, September, 1999, No. 525, eff. 10-1-99; emerg. cr. (4m) and (17), eff. 11-15-01;
CR 01-124: cr. (4m) and (17)
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (4m),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 77.02
ATCP 77.02
Laboratory tests to protect public health. For purposes of s.
93.12, Stats., the department declares that the following milk, food, water, wastewater and recreational water tests are necessary to protect public health:
ATCP 77.02(1)
(1) Milk. Any of the following tests related to milk and dairy products:
ATCP 77.02(1)(zd)
(zd) Tests performed to comply with
ch. ATCP 60 or
80, other than milk component tests which are not related to public health.
ATCP 77.02(2)
(2) Food. Any of the following tests related to food:
ATCP 77.02(3)
(3) Water, wastewater or recreational water. Any of the following tests related to water, wastewater or recreational water:
ATCP 77.02(3)(h)
(h) M-Endo or LES Endo, followed by BGLB and either EC, EC-MUG, or NA-MUG
ATCP 77.02 History
History: Cr.
Register, September, 1999, No. 525, eff. 10-1-99;
CR 07-006: am. (intro.), r. and recr. (1) and (3),
Register January 2008, No. 625, eff. 2-1-08; renumbering of (1) (aa) to (dd) to be (1) (za) to (zd) made under s.
13.92 (4) (b) 1., Stats.,
Register January 2008 No. 625.
ATCP 77.03
ATCP 77.03
Laboratory certification; general. ATCP 77.03(1)(a)(a) Except as provided in
par. (b), no person may perform any laboratory test listed under
s. ATCP 77.02 to determine whether milk, food or water complies with public health standards required under federal or state law unless the department annually certifies the laboratory operator to perform that test at the laboratory where the test is performed. An annual certificate expires on December 31 of each year.
ATCP 77.03 Note
Note: A laboratory operator certified under sub. (1) (a) to perform a specified drug residue test may perform both the confirmatory drug residue test for which that operator is certified, as well as the corresponding drug residue screening test.
ATCP 77.03(1)(b)
(b) An operator may perform a drug residue test as a screening test under
s. ATCP 77.23 at the operator's laboratory, even though the operator is not certified under
par. (a) to perform that drug residue test as a confirmatory test, if the department annually approves the operator to perform that drug residue screening test at that laboratory. An annual certificate of approval expires on December 31 of each year.
ATCP 77.03(2)(a)(a) A person who operates 2 or more laboratories shall obtain a separate certification under
sub. (1) for each laboratory. A certification may not be transferred between operators or laboratories.
ATCP 77.03(2)(b)
(b) The department shall identify, in each certification under
sub. (1), the tests which the operator is certified to perform at that laboratory.
ATCP 77.03(2)(c)
(c) An operator approved under
sub. (1) (b) to perform a drug residue test as a screening test may not perform that test as a confirmatory test unless the operator is certified to do so under
sub. (1) (a).
ATCP 77.03 Note
Note: The department may approve a laboratory operator, under s.
ATCP 77.23, to perform a drug residue screening test on milk even though the department has not certified that laboratory operator under this section to perform that test as a confirmatory test. See also s.
ATCP 60.22 (1).
ATCP 77.03(3)
(3) Certificate displayed. An operator shall display, at a prominent location in each certified laboratory, the current certification issued for that laboratory under
sub. (1).
ATCP 77.03(4)
(4) Exemptions. Subsection (1) does not apply to any of the following:
ATCP 77.03(4)(c)
(c) An educational institution that operates a laboratory solely for teaching or academic research purposes, and does not test milk, water or food for human consumption.
ATCP 77.03(4)(d)
(d) A person who operates a laboratory solely to conduct quality control tests on food or water sold by that person, provided that the tests are not required by statute, rule or ordinance.
ATCP 77.03 History
History: Cr.
Register, September, 1999, No. 525, eff. 10-1-99; emerg. renum. (2) (c) to be (2) (b), cr. (2) (c), eff. 11-15-01;
CR 01-124: renum. (2) (c) to be (2) (b), cr. (2) (c)
Register December 2002 No. 564, eff. 1-1-03;
CR 07-003: r. and recr. (1) and (2) (c),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 77.04(1)
(1)
Initial application. An operator shall apply for initial certification under
s. ATCP 77.03 on a form provided by the department. The operator shall submit a separate application for each laboratory. An application shall include all of the following:
ATCP 77.04(1)(a)
(a) The operator's correct legal name and address, and any trade names used by the operator. The application shall indicate whether the operator is an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity.
