ATCP 80.26(2)(b)
(b) Tests at least 3 milk shipments from that producer at regular intervals throughout the pay period to which the price adjustment applies, or tests composite samples representing all milk shipments from that producer during that pay period.
ATCP 80.28
ATCP 80.28
Persons authorized to perform milk quality tests. ATCP 80.28(1)(a)(a) Except as provided under
par. (b), milk quality tests shall be performed in a laboratory that is both of the following:
ATCP 80.28(1)(a)2.
2. Certified by the department under
ch. ATCP 77, or by an equivalent certifying agency in another state, to conduct milk quality tests.
ATCP 80.28 Note
Note: A "milk quality test," as defined under s.
ATCP 80.01 (23), means a bacteria count, somatic cell count, drug residue test, milk component test, or other analytical test which is used to determine compliance with milk quality standards under s.
ATCP 80.24, or which may affect the price that a dairy plant operator pays a milk producer for milk. Laboratory evaluation forms used in certifying laboratories under ch.
ATCP 77, may be obtained from the department.
ATCP 80.28(1)(b)
(b) Bulk load tests for drug residues under
s. ATCP 60.19 (2) shall be conducted at the receiving dairy plant by either of the following:
ATCP 80.28(1)(b)1.
1. An individual approved by the department to conduct drug residue tests.
ATCP 80.28(1)(b)2.
2. An individual who performs drug residue tests only under the direct supervision of an individual approved and certified under
subd. 1.
ATCP 80.28(1)(c)
(c) The department may withdraw its approval under
par. (a) or
(b) for cause. Cause may include false or inaccurate test results or reports, or failure to conduct tests according to required procedures.
ATCP 80.28(2)(a)(a) No person may perform any milk component test unless that person is licensed to perform milk component tests, either as a buttermaker or cheesemaker under s.
97.17, Stats., or as a milk and cream tester under s.
98.145, Stats.
ATCP 80.28(2)(b)
(b) No person may use an automated testing device to perform any milk component test unless that person is trained and qualified to use automated testing devices, and that fact is stated on his or her license under s.
97.17 or
98.145, Stats.
ATCP 80.28 Note
Note: A "milk component test," as defined under s.
ATCP 80.01 (20), means a test which determines the amount of milkfat, protein, total solids, solids-not-fat or other valuable components in milk, and which may affect the price that a dairy plant operator pays a milk producer for milk.
ATCP 80.28 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94; corrections made under s. 13.93 (2m) (b) 6., Stats.,
Register, January, 1998, No. 505; corrections in (1) (a) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542;
CR 01-124: am. (1) (c)
Register December 2002 No. 564, eff. 1-1-03;
CR 04-005: am. (1) (b) 1.
Register October 2004 No. 586, eff. 11-1-04.
ATCP 80.30(1)(a)(a) Whenever a dairy plant operator performs a milk quality test on a bulk milk shipment from a milk producer, the dairy plant operator shall perform that milk quality test on a test sample collected under
s. ATCP 82.12.
ATCP 80.30(1)(b)
(b) Whenever a dairy plant operator performs a milk quality test on a can milk shipment from a milk producer, the dairy plant operator shall perform that milk quality test on a test sample collected under
sub. (3).
ATCP 80.30(1)(c)
(c) Notwithstanding
pars. (a) and
(b), a dairy plant operator may use a composite sample under
sub. (4) to perform a Babcock test for milkfat, or to perform another milk quality test approved by the department under
sub. (4). A composite sample shall be compiled from fresh milk samples collected under
par. (a) or
(b).
ATCP 80.30(2)
(2) Test samples refrigerated. At all times prior to testing, a test sample under
sub. (1) shall be kept refrigerated at a temperature of 32 to 40º F. (0 to 4º C.). Test samples kept at a dairy plant or testing laboratory shall be kept in a refrigerated storage facility used only for storing test samples and laboratory supplies.
ATCP 80.30(3)
(3) Collecting test samples from can milk shipments. ATCP 80.30(3)(a)(a) If a producer ships milk to a dairy plant in cans, rather than in bulk, the dairy plant operator shall collect a test sample from each milk shipment immediately after that milk shipment is transferred to the weigh tank at the dairy plant, and before it is commingled with any other milk shipment. The weigh tank shall be constructed so that milk poured into the weigh tank is completely mixed.
ATCP 80.30(3)(b)
(b) If a weigh tank is not large enough to accommodate a producer's entire milk shipment, so that multiple weighings are needed, the dairy plant operator shall divide the shipment as evenly as possible between weighings and collect a sample from each weighing. The samples, which shall be of equal volume, shall be combined to form a single sample representing the entire shipment from the producer. The dairy plant operator may not split the contents of any single can of milk between weighings, but shall include all of the contents of that can in the same weighing.
ATCP 80.30(4)(a)(a) A dairy plant operator may use a composite sample to perform a Babcock test for milkfat, but may not perform any other milk quality test on a composite sample except with the department's written authorization. A composite sample shall be compiled according to this subsection.
ATCP 80.30(4)(b)
(b) A composite sample shall include a representative sample of milk from each of 2 or more milk shipments represented by the composite sample. No composite sample may include milk from more than 16 milk shipments. Each component sample included in the composite sample shall have the same volume, and shall include at least 10 ml. of milk. A composite sample shall include at least 150 ml. of milk.
ATCP 80.30(4)(c)
(c) A composite sample container shall have a capacity of at least 240 ml. The composite sample container shall include an effective permanent closure that is attached to the container. The composite sample container shall be marked to identify the producer and the milk shipments represented in the composite sample.
ATCP 80.30(4)(d)
(d) A composite sample representing a producer's bulk milk shipments shall be compiled from fresh milk samples collected from those shipments under
s. ATCP 82.12. On the same day that a producer's bulk milk shipment is received by the dairy plant operator, or by 12:00 noon of the following day, the dairy plant operator shall transfer, to the composite sample, at least 10 ml. of milk from the sample collected from that milk shipment under
s. ATCP 82.12.
ATCP 80.30(4)(e)
(e) A composite sample representing a producer's can milk shipments shall be compiled from milk samples collected from those shipments according to
sub. (3).
ATCP 80.30(4)(f)
(f) A dairy plant operator shall preserve a composite sample by adding potassium dichromate, or another preservative approved by the department, to the composite sample. Not less than 100 mg., nor more than 190 mg. of potassium dichromate may be used in each composite sample to obtain a concentration of 20 mg. per 30 ml. of milk in the completed sample.
ATCP 80.30 Note
Note: Potassium dichromate is available in tablets containing 40 mg. of active ingredient per tablet. The use of these tablets at the rate of one tablet per 2 fl. oz. of milk in a completed composite sample is equivalent to the concentration specified under par. (f). Labeling requirements and limitations on the disposal of milk samples preserved with potassium dichromate are contained in s.
ATCP 30.15 (2) (b).
ATCP 80.30 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94.
ATCP 80.32(1)(1)
General. Milk quality tests shall be performed using one of the following methods, subject to additional requirements under
subs. (2) to
(6):
ATCP 80.32(1)(a)
(a) A method described in the American Public Health Association., "Standard Methods for the Examination of Dairy Products," 17th edition (2004).
ATCP 80.32(1)(b)
(b) A method described in the "Official Methods of Analysis of AOAC International," 18th edition (2005).
ATCP 80.32 Note
Note: A laboratory performing milk quality tests must be certified under ch.
ATCP 77.
ATCP 80.32 Note
The American Public Health Association's "Standard Methods for the Examination of Dairy Products," 17th edition (2004), is on file with the department and the legislative reference bureau. Copies may be obtained from the American Public Health Association, 800 I Street, NW, Washington, D.C. 20001, telephone 202-777-2742, website
www.apha.org.
ATCP 80.32 Note
The "Official Methods of Analysis of AOAC International," 18th Edition (2005), is on file with the department and the legislative reference bureau. Copies may be obtained from AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417, telephone 800-379-2622, website
www.aoac.org.
ATCP 80.32(2)(a)(a) Milkfat tests shall be performed using the Babcock method, the ether extraction method, or another test method approved by the department. Babcock and ether extraction tests shall be conducted according to the"Official Methods of Analysis of the Association of Official Analytical Chemists (AOAC) International," 17th edition (2000), except as provided under
par. (b).
ATCP 80.32(2)(b)
(b) Each milk sample tested by the Babcock method shall be agitated for at least 3 minutes by the use of a mechanical agitator after pipetting the sample and adding sulfuric acid according to the procedure prescribed under
par. (a). A reader, such as a needlepoint divider or other mechanical divider, which accurately determines milkfat level in a test bottle shall be used in reading all Babcock tests. All Babcock test readings shall be made against a light-colored surface with adequate natural or artificial light. The Babcock test shall be read to the nearest 0.05% by weight.
ATCP 80.32(3)
(3) Bacteria counts. Bacteria counts required under
s. ATCP 60.18 and bacteria counts that may affect the amount paid to a milk producer shall be obtained by means of a standard plate count (SPC), plate loop count (PLC) or petri film aerobic count method.
ATCP 80.32(5)
(5) Somatic cells. Somatic cell counts required under
s. ATCP 60.20 and somatic cell counts that may affect the amount paid to a milk producer shall be obtained by means of a direct microscopic somatic cell count or an electronic somatic cell count. The Pyronin Y-Methyl green stain test may be used in place of a direct microscopic somatic cell count or electronic somatic cell count for goat milk, and shall be used to confirm a direct microscopic somatic cell count or electronic somatic cell count on goat milk that exceeds 1,000,000.
ATCP 80.32(6)
(6) Testing deadlines. A milk quality test shall be conducted within the time period specified by the test method.
ATCP 80.32 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: am. (1) (b), (2) (a) and (6)
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (1) (a) and (b) and (5),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 80.34
ATCP 80.34
Milk component testing devices. ATCP 80.34(1)(1)
General. If an automated testing device is used to perform a milk component test for any milk component, that device shall be calibrated and regularly checked to ensure that it accurately tests for that milk component.
ATCP 80.34 Note
Note: As defined under s.
ATCP 80.01 (20), "milk component test" means a test which determines the amount of milkfat, protein, total solids, solids-not-fat or other valuable components in milk, and which may affect the price that a dairy plant operator pays a milk producer for milk.
ATCP 80.34(2)(a)(a) Requirement. If an automated testing device is used to test for milkfat, protein, total solids or solids-not-fat in milk, and if the test results may affect the price paid to a milk producer, the testing device shall be calibrated according to this subsection. The testing device shall be calibrated, for each relevant milk component, by a tester who is licensed under s.
97.17 or
98.145, Stats., to operate that device.
ATCP 80.34(2)(b)
(b) Calibration frequency. A milk component testing device under
par. (a) shall be calibrated at all of the following times:
ATCP 80.34(2)(b)3.
3. Immediately after every significant repair or alteration to the testing device.
ATCP 80.34(2)(b)4.
4. Whenever the mean difference on a daily performance check under
sub. (3) exceeds plus or minus 0.044% for milkfat or protein, or 0.084% for total solids or solids- not-fat.
ATCP 80.34(2)(c)
(c) Calibration procedure. To calibrate a milk component testing device under
par. (a), a tester shall use the device to test a set of calibration samples under
par. (d). The milk component testing device shall be adjusted, as necessary, to satisfy all of the following requirements:
ATCP 80.34(2)(c)1.
1. The performance error on each calibration sample shall be as near as practicable to zero. The performance error is the difference between the known percentage content of each milk component in the calibration sample, as determined by the sample provider, and the percentage content as measured by the testing device.
ATCP 80.34(2)(c)2.
2. The mean difference for the entire set of calibration samples shall be as near as practicable to zero, and shall not exceed plus or minus 0.044% for milkfat or protein, or 0.084% for total solids or solids-not-fat. The mean difference is the sum of the performance errors for the individual calibration samples, divided by the number of samples in the set.
ATCP 80.34(2)(c)3.
3. The standard deviation of test results, calculated for the set of calibration samples according to the formula set forth in the "Official Methods of Analysis of AOAC International," 18th edition (2005), section 969.16, shall not exceed 0.044 percent for milkfat or protein, or 0.084 percent for total solids or solids-not-fat.
ATCP 80.34 Note
Note: The "Official Methods of Analysis of AOAC International," 18th edition (2005), is on file with the department and the legislative reference bureau, and may be obtained from AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD, 20877-2417, website
http://www.aoac.org.
ATCP 80.34(2)(d)
(d) Calibration samples. A set of calibration samples shall be obtained from a sample provider approved by the department. A set of calibration samples shall consist of at least 12 individual samples, each of which complies with all of the following requirements:
ATCP 80.34(2)(d)2.
2. Each sample shall be a fresh milk sample preserved with bronopol (2-bromo-2-nitro-1,3-propanediol) or another approved preservative. Preservative methods, formulations and concentrations shall be approved by the department.
ATCP 80.34(2)(d)3.
3. Each sample shall have a known percentage content of each relevant milk component, determined by the sample provider under
subs. (5) to
(8).
ATCP 80.34(3)(a)(a) Requirement. If an automated testing device is used to test for milkfat, protein, total solids or solids-not-fat in milk, and if the test results may affect the price paid to a milk producer, the device shall be subjected to a daily performance check before each day's testing. The daily performance check shall be conducted, for each relevant milk component, by a tester who is licensed under s.
97.17 or
98.145, Stats., to operate the testing device.
ATCP 80.34(3)(b)
(b) Procedure. To conduct a daily performance check under
par. (a), a tester shall test a set of daily performance check samples under
par. (d). Based on the daily performance check, the tester shall do both of the following:
ATCP 80.34(3)(b)1.
1. Determine the performance error of the testing device with respect to each daily performance check sample. The performance error is the difference between the known percentage content of each milk component in that sample, as determined by the sample provider, and the percentage content as measured by the testing device.
ATCP 80.34(3)(b)2.
2. Based on the performance errors for the individual samples under
subd. 1., calculate the mean difference for the set of daily performance check samples. The mean difference is the sum of the performance errors for the individual samples, divided by the number of samples in the set.
ATCP 80.34(3)(c)
(c) Calibration based on daily performance check. If, on a daily performance check under
par. (a), the mean difference calculated under
par. (b) 2. exceeds plus or minus 0.044% for milkfat or protein, or 0.084% for total solids or solids-not-fat, the testing device shall not be used until it is recalibrated under
sub. (2).
ATCP 80.34(3)(d)
(d) Daily performance check samples. A set of daily performance check samples shall be obtained from a sample provider approved by the department. A set shall consist of at least 5 individual samples, each of which complies with all of the following requirements:
ATCP 80.34(3)(d)2.
2. Each sample shall be a fresh milk sample preserved with bronopol (2-bromo-2-nitro-1,3-propanediol) or another approved preservative. Preservative methods, formulations and concentrations shall be approved by the department.
ATCP 80.34(3)(d)3.
3. Each sample shall have a known percentage content of each relevant milk component, determined by the sample provider under
subs. (5) to
(8).
ATCP 80.34(4)(a)(a) Requirement. If an automated testing device is used to test for milkfat, protein, total solids or solids-not-fat in milk, and if the test results may affect the price paid to a milk producer, that device shall be subjected to a daily reference check under
par. (b) and hourly reference checks under
par. (c).
ATCP 80.34(4)(b)1.1. A daily reference check shall be conducted before each day's testing, at the same time that the dairy plant operator conducts the daily performance check under
sub. (3). The daily reference check shall be conducted, for each relevant milk component, by a tester who is licensed under s.
97.17 or
98.145, Stats., to operate the testing device.
ATCP 80.34(4)(b)2.
2. To perform a daily reference check, a tester shall perform 10 tests on a reference sample. The reference sample may be a homogenized milk sample prepared by the dairy plant operator, or it may be a daily performance check sample obtained from a sample provider approved by the department under
sub. (3) (d). The 10 test results shall be averaged, and the average result shall be used as a comparison value for the hourly reference checks under
par. (c).
ATCP 80.34(4)(c)1.1. An hourly reference check shall be conducted, for each milk component, before each hour's testing for that component. To conduct an hourly reference check, a tester shall test the same reference sample used for the daily reference check under
par. (b).
