The department inspects the dairy plant if the dairy plant is not currently covered by a grade A dairy plant permit.
The applicant pays any surcharge, set forth in a statement from the department, that is due and payable by the applicant under sub. (4)
. The department shall refund a surcharge paid under protest if the department determines that the surcharge was not due and payable under sub. (4)
(8) Grade A standards.
A grade A dairy plant shall comply with standards applicable to the receipt, testing, transfer, processing and distribution of grade A milk and grade A milk products under this chapter and ch. ATCP 60
. A grade A dairy plant may not receive, transfer or process grade B milk unless the receipt, transfer or processing is authorized by the department in writing.
ATCP 80.06 History
Cr. Register, November, 1994, No. 467
, eff. 12-1-94.
Construction and maintenance. ATCP 80.08(1)(a)(a)
Buildings, facilities and equipment used in the operation of a dairy plant shall be soundly constructed, and shall be capable of being maintained in a clean and sanitary condition. The interior and exterior portions of a dairy plant, and the premises on which a dairy plant is located, shall be kept free of unhealthful and unsanitary conditions, and shall be maintained in compliance with this chapter.
The department may issue a written waiver granting a variance from a construction standard under this subchapter if the department finds that the variance is reasonable and necessary under the circumstances, and will not compromise the purpose served by the construction standard. A waiver under this paragraph may be issued by the administrator of the division of food safety, or the administrator's designee.
The floors of all rooms in which dairy products are processed, handled or stored, or in which dairy product containers, equipment or utensils are washed, shall be all of the following:
Constructed of concrete or equally impervious and easily cleanable materials. This paragraph does not prohibit tightly joined wooden floors in storage rooms used solely for the storage of dry ingredients or packaging materials, or both.
Sloped to provide adequate drainage. This paragraph does not apply to floors in storage rooms used solely for the storage of dry ingredients or packaging materials, or both.
Equipped with an adequate number of trapped floor drains, so that any liquids draining onto the floors are promptly removed. Floors in refrigerated storage rooms need not have floor drains if the floors are sloped to drain to one or more exits to prevent pooling of liquids.
Walls and ceilings of rooms in which dairy products are handled, processed or stored, or in which dairy product containers, equipment or utensils are washed, shall have a smooth, washable and light-colored surface, and shall be kept clean and in good repair. Suspended ceiling panels are prohibited in any room where powdered dairy products are packaged or processed if that room is constructed or substantially altered after December 1, 1994.
ATCP 80.08 Note
Note: Walls and ceilings may consist, for example of smooth finished concrete construction panels or cement plaster.
If condensation may accumulate on overhead pipes, ducts or other fixtures, those fixtures shall be arranged or shielded so that condensation does not drop into dairy products or onto product contact surfaces.
In rooms constructed or substantially altered after the effective date of this chapter, the junctions of walls and floors in processing areas shall be coved to facilitate cleaning.
Doors, conveyor openings, and other openings to the outside environment shall be kept closed when not in use, and shall at all times be protected against the entry of insects, rodents and excessive dust. Doors to the outside, other than overhead doors and electronic sliding doors in delivery areas, shall be self- closing. External screen doors, if any, shall open outward.
ATCP 80.08 Note
Note: Air curtains, strip curtains and similar devices may be used to prevent insects and excessive dust from entering through doors and other openings while those openings are in use. Emergency exit doors need not be self-closing unless they are routinely used by dairy plant personnel.
Windows, if not permanently closed, shall be screened against flying insects, rodents and birds. In dairy plants constructed or substantially altered after the effective date of this chapter, window ledges shall be sloped to an angle of at least 45º to facilitate cleaning.
Outside openings of dairy product pipelines shall be tightly capped when not in use. When a pipeline is in use, the pipeline cap shall be tethered or placed on a sanitary hanger or rack to protect it from contamination. Pipeline openings through walls shall be completely cemented or fitted with tight metal collars.
At each doorway leading from a nonprocessing area to a processing area in which exposed dairy products are processed, a dairy plant operator shall provide a sanitizing footbath, disposable footwear, dedicated footwear or other facilities to ensure that footwear worn in the processing area is clean and sanitary.
Lighting in every area of a dairy plant shall be fully adequate for the purpose for which the area is used. Except as provided under par. (b)
, there shall be at least 5 foot candles (54 lux) of illumination, measured at 30 inches above the floor, in every part of a dairy plant.
Except as provided under par. (c)
, there shall be at least 30 foot candles (323 lux) of illumination at every place where dairy products are processed, and at every place where equipment or utensils are washed.
There shall be at least 50 foot-candles (538 lux) of illumination on every surface where dairy products are graded or examined for condition and quality, and on every surface where multi-use packages are inspected before being reused.
Light bulbs, fluorescent tubes, skylights and other overhead glass fixtures shall be shielded to prevent broken glass from falling into dairy products or onto dairy product contact surfaces.
Every room in a dairy plant shall be adequately ventilated, and adequately controlled for temperature and humidity, to keep the room reasonably free of fumes, odors, mildew and excessive condensation.
Ventilation systems, including exhaust fans, intake fans and ventilation ducts shall be kept clean and in good repair, and shall be screened or louvered to prevent contamination of dairy products by dust, insects or other contaminants. Intake fans shall be equipped with filters that are readily removable for cleaning and replacement. Air intake filters shall be capable of removing at least 85% of particulate matter which is 5 microns or larger in size.
Ventilation systems in a dairy plant shall be positioned so that exhaust air does not contaminate exposed dairy products, clean dairy product packages or clean equipment or utensils.
Dairy plant rooms shall be large enough so that activities conducted in those rooms can be conducted in a safe and sanitary manner.
Within a dairy plant, the following areas shall be located in separate rooms:
Areas used to clean and sanitize bulk milk tankers or bulk transport containers. Bulk milk tankers and bulk transport containers may be cleaned and sanitized in the same room where they are unloaded.
Areas used to clean or sanitize dairy product packages or containers.
Areas used to store or fabricate dairy product packages. Packaging materials required for each day's processing operations may be kept in a processing area on that day.
Areas used to store dairy product ingredients, other than raw milk. Ingredients required for each day's processing operations may be kept in the processing area on that day.
Areas used to receive, handle or store returned packaged dairy products.
Areas used for boiler, heating plant, utility or maintenance equipment.
In dairy plants constructed after December 1, 1994, raw milk shall be unloaded in a fully enclosed intake room.
Notwithstanding par. (b)
, a dairy plant operator may store, cool, separate and clarify raw milk in an area that the operator uses to unload bulk milk shipments if all the following apply:
Containers used to store, cool, separate and clarify the raw milk are filtered or vented to a separate room to protect the milk from airborne contamination in the unloading area. If containers are vented to a separate room, that room shall comply with processing area sanitation standards under this chapter.
Notwithstanding par. (d)
, a dairy plant operator may not store, cool, separate or clarify raw milk in a room used to unload bulk milk shipments if any of the following apply:
The dairy plant is a grade A dairy plant constructed after July 1, 1980.
The storage, cooling, separating or clarifying operations were initiated after December 1, 1994.
Rooms are considered separate, for purposes of this subsection, if they are fully separated by permanent floor-to-ceiling partitions and if doorways between the rooms are equipped with solid, tight-fitting, self-closing doors.
Water used in dairy plant operations, or as an ingredient in dairy products, shall be obtained from a source that complies with ch. NR 811
, administered by the Wisconsin department of natural resources. All water obtained for use in a dairy plant shall comply with the health related drinking water standards in ch. NR 809
. Water shall be available in consistently adequate quantity for all dairy plant operations, including processing, cleaning, handwashing and drinking.
If a dairy plant uses water from a privately owned water system, the dairy plant operator or, in the case of a grade A dairy plant, the department shall, at least once every 6 months, collect and analyze a sample of the water for compliance with the microbiological standards under s. NR 809.30
. Microbiological analyses shall be conducted in a laboratory certified under ch. ATCP 77
At the department's request, a dairy plant operator who receives water from a municipal source shall provide the department with documentation showing that the water complies with the microbiological standards under s. NR 809.30
The following requirements apply whenever recirculated water used in a cooler or heat exchanger may come in contact with any dairy product:
Tested by the dairy plant operator at least semiannually or, in the case of a grade A dairy plant, by the department at least semiannually.
If a recirculating water system under par. (d)
becomes contaminated, that system may not be used until it is properly treated and retested to ensure that the contamination has been eliminated. Freezing point depressants used in recirculating water systems under par. (d)
shall be nontoxic.
A dairy plant operator may use only potable water, or reclaimed water in compliance with sub. (8m) (c)
, to produce culinary steam. In boilers used to produce culinary steam, boiler water additives shall comply with 21 C.F.R. 173.310
The following requirements apply whenever water is transported to a dairy plant in a container or tank, for use in dairy plant operations:
The container or tank shall be thoroughly cleaned and sanitized before being filled.
The container or tank shall be sealed, and the water shall be protected from contamination during transit.
A suitable pump, hose and fittings shall be used to transfer water from the container or tank to a storage tank at the dairy plant, so that the water is not contaminated during transfer.
A dairy plant operator may use water reclaimed from heat exchanger processes or from the condensation of milk or dairy products if all the following apply:
The water is reclaimed from a heat exchanger process or by means of evaporation, reverse osmosis or ultrafiltration.
Reclaimed water may not be used for any purpose requiring potable water unless all the following apply:
The reclaimed water has less than 1 coliform bacterium per 100 ml. of water.
The standard plate count of the reclaimed water does not exceed 500 per ml. and meets the bacteriological standards under s. NR 809.30
The organic content of the water is less than 12 mg. per liter as measured by the chemical oxygen demand or permanganate-consumed test, or has a standard turbidity of less than 5 units. The dairy plant operator shall use an automatic fail-safe monitoring device to identify, and automatically divert to a waste water system, any water reclaimed from the condensation of dairy products if that water fails to meet this standard.
The reclaimed water is of satisfactory organoleptic quality and has no off-odors, off-flavors or slime formations. The dairy plant operator shall sample and organoleptically test reclaimed water at weekly intervals.
The department pre-approves any chemicals used to suppress bacterial growth, tastes or odors in the reclaimed water. An automatic proportioning device shall add the chemicals to the water before the water enters the storage tank. The dairy plant operator shall test reclaimed water at least daily for each added chemical. An added chemical may not contain any substance that may contaminate dairy products or limit the use of reclaimed water.
The reclaimed water is stored in a properly constructed tank. The tank shall be constructed of a material that will not contaminate the water and can be easily cleaned.
The dairy plant operator or, in the case of a grade A dairy plant, the department tests the reclaimed water for bacteriological and organic content at least semi-annually. The operator shall test the reclaimed water for 14 working days after the department approves the reclamation system under subd. 1.
, and for at least 7 working days after any repairs or alterations to the system.
There are no cross-connections between reclaimed water lines and any public or private water system.
Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply: