Register August 2016 No. 728
Chapter ATCP 82
BULK MILK COLLECTION, SAMPLING, AND TRANSPORTATION
Bulk milk tanker; grade A permit.
Bulk milk weigher and sampler; license and grade A permit.
Bulk milk tankers; construction and maintenance.
Cleaning and sanitizing bulk milk tankers.
Collecting milk from dairy farms.
Milk samples for testing.
Delivering milk to dairy plant.
False samples or records.
Ch. ATCP 82 Note
See also ch. ATCP 65
(Milk and Milk Products).
ATCP 82.01 Definitions.
In this chapter:
“Bulk milk tanker" means a mobile bulk container used to transport milk, fluid, milk products, whey, or whey cream in bulk from a dairy farm, or to, or from, a dairy plant in this state. “Bulk milk tanker" includes a mobile bulk container which is permanently mounted on a motor vehicle or which is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the mobile bulk container. “Bulk milk tanker" does not include a mobile bulk container which is used by a milk producer solely to transport that producer's own milk.
“Bulk milk tanker cleaning facility" means a facility where a bulk milk tanker or its appurtenances are cleaned and sanitized.
“Bulk milk weigher and sampler" means any person who collects official milk samples and may transport raw milk from a farm, or raw milk or fluid milk products to, or from, a dairy plant, receiving station, or transfer station.
“Bulk tank" means a permanent or semi-permanent tank, container, or silo used to receive, cool, or store bulk quantities of milk on a dairy farm. “Bulk tank" does not include milk cans.
“Dairy farm" means any place where one or more milking animals are kept for the production of milk.
“Dairy plant" means any place where a dairy product is manufactured or processed for sale or distribution as human food, and includes a receiving station or transfer station.
“Department" means the Wisconsin department of agriculture, trade and consumer protection.
“Milk" means the lacteal secretion of milking animals and includes skim milk and cream.
“Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
Other hooved animals whose milk is collected and distributed for human consumption.
“Processing plant" means a dairy plant engaged in pasteurizing, processing, or manufacturing milk or dairy products.
“Receiving station" means a facility which is designed for the receipt and bulk storage of milk, and which is used to receive or store milk in bulk. “Receiving station" does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.
“Transfer station" means a facility designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.
ATCP 82.01 History
Cr. Register, November, 1994, No. 467
, eff. 12-1-94; CR 07-006
: cr. (1m) and (7m), am. (3) and (5), Register January 2008 No. 625
, eff. 2-1-08; CR 13-104
: cr. (1s), am. (2), cr. (4m), r. (6) Register July 2014 No. 703
, eff. 8-1-14.
ATCP 82.02 Bulk milk tanker; grade A permit. ATCP 82.02(1m)(1m)
No person may operate a bulk milk tanker to transport milk or fluid milk products for sale or use as grade A milk or grade A dairy products unless
the department, or an equivalent regulatory agency in another state, has issued a valid grade A permit for that bulk milk tanker and the information required under sub. (7) (b)
is displayed on the bulk milk tanker as required under sub. (7) (c)
. A grade A permit is not transferable between bulk milk tankers.
(2) Permit application.
An application for a grade A permit under sub. (1m)
shall be made on a form provided by the department. An application shall include all of the following:
A description of the bulk milk tanker including make, serial number, and capacity.
The city, village, or town, and state in which the bulk milk tanker is customarily kept.
Any other information which the department reasonably requires for identifying and permitting of the bulk milk tanker.
The department shall grant or deny a permit application under sub. (2)
within 30 days after the department receives a completed application.
The department shall not issue or renew a permit until the applicant has paid all applicable fees and surcharges, set forth in a statement from the department, that are due and payable by the applicant under this section. The department shall refund a fee paid under protest if, upon review, the department determines that the fee is not due and payable.
If the department reinspects a bulk milk tanker because the department finds a violation of ch. 97, Stats.
, or this chapter, the department shall charge the bulk milk tanker operator a reinspection fee. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a permit renewal application to the bulk milk tanker operator, or at any other time after the fee becomes effective.
An applicant for a bulk milk tanker permit shall pay a permit surcharge of $100 if the department determines that, within 365 days prior to submitting the permit application, the applicant operated a bulk milk tanker without a grade A permit in violation of sub. (1m)
In addition to paying the permit surcharge under par. (a)
, an applicant who violated sub. (1m)
. shall pay all fees, set forth in a statement from the department, that are due and payable for the permit year in which the applicant violated sub. (1m)
Payment of the permit surcharge and past fees under pars. (a)
does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (1m)
, but does not constitute evidence of any violation of law.
An application for a grade A permit shall include proof that the bulk milk tanker has passed an inspection by the department or by a certified industry inspector under s. ATCP 82.02 (8)
within the 24 months before the last day of the month in which the application was made.
The holder of a grade A permit under sub. (1m)
shall display all of the following information, in the manner required under par. (c)
, on both sides of the bulk milk tanker to which the permit applies:
ATCP 82.02 Note
Note: For example, permits issued by the department may display the full state name, “Wisconsin," the two letter postal code state abbreviation “WI," or the numerical code “55."
The information display, under par. (b)
, shall be permanently attached to the bulk milk tanker. The color of the letters and numbers shall be in sharp contrast to the background on which the letters and numbers are displayed. Each letter and number comprising the information shall be at least 2 inches in height and readily legible during daylight hours while the bulk milk tanker is stationary. The permit holder shall maintain the display so that it remains fully legible at all times.
(8) Certified industry inspection of grade A bulk milk tankers. ATCP 82.02(8)(a)(a)
The department may certify industry personnel to inspect bulk milk tankers for the purpose of issuing grade A permits. Certified industry inspectors shall be authorized to conduct inspections and reinspections of bulk milk tankers and issue or deny grade A permits for bulk milk tankers.
Applicants for the certified industry inspection program shall be appointed in compliance with requirements for special dairy and food inspectors under s. 97.32 (1)
, Stats. Certification shall be for a period not exceeding 3 years from the date of formal certification or re-certification. The department may revoke the certification of an industry inspector, if the inspector fails to comply with the requirements of the certified dairy inspection program, in accordance with s. 97.32 (4)
The department shall maintain a written program describing procedures for implementing the certified industry inspection program. Certified industry inspectors shall maintain copies of certification and inspection records for 3 years and shall file annual bulk milk tanker inspection reports with the department.
ATCP 82.02 History
Cr. Register, November, 1994, No. 467
, eff. 12-1-94; CR 05-044
: am. (2) (intro.), (3) (b) and (4), r. and recr. (5) Register December 2005 No. 600
, eff. 1-1-06; CR 07-006
: am. (1) (b), (2) (intro.) and (c) and (7), cr. (2) (e), (7) (d) and (e), Register January 2008 No. 625
, eff. 2-1-08; CR 07-037
: am. (4) and (5) (b) Register April 2008 No. 628
, eff. 5-1-08; CR 13-104
: am. (7) (a), (b), cr. (8) Register July 2014 No. 703
, eff. 8-1-14; CR 15-094: am. (title), r. (1), cr. (1m), am. (2) (title), (intro.), (d), (e), (3), r. (4), am. (5), (6), r. and recr. (7) Register August 2016 No. 728, eff. 9-1-16; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., correction in (7) (b) 2. made under s. 13.92 (4) (b) 6., Stats., and correction in (7) (a) made under s. 35.17, Stats., Register August 2016 No. 728.
ATCP 82.04 Bulk milk weigher and sampler; license and grade A permit. ATCP 82.04(1)
Except as provided under sub. (2)
, no person may do either of the following unless that person holds a valid bulk milk weigher and sampler license issued by the department under s. 98.146
, Stats., and this section:
(2) Buttermaker or cheesemaker; exemption. Subsection (1)
does not apply to a person who holds a valid buttermaker or cheesemaker license issued by the department under s. 97.17
(3) Initial bulk milk weigher and sampler license application.
Before the department initially licenses any person as a bulk milk weigher and sampler, that person shall demonstrate his or her competency by doing all of the following:
Submit an application for a bulk milk weigher and sampler license on a form provided by the department. The form shall be accompanied by all fees that are due and payable under sub. (6)
. The application shall include all information reasonably required by the department for licensing purposes.
Pass a field inspection administered by the department, within 21 days of passing the written examination.
(4) Action on initial application for bulk milk weigher and sampler license.
The department shall grant or deny an initial bulk milk weigher and sampler license under sub. (3)
within 40 days after the department receives a complete application.
Except as provided in par. (b)
, a bulk milk weigher and sampler license expires on the second September 30 following the date on which the department issues or renews the license.
If the department issues or renews a license before September 30 of any year in response to an application filed after August 15 of that year, the license expires on the third September 30 following the date on which the department issues or renews the license.