Suspension or revocation of milk producer license.
Suspension or revocation of grade A farm permit; general.
Violation of grade A milk quality standards; suspension of grade A farm permit by food division.
Drug residue violations; producer sanctions.
Violation of grade A farm standards; suspension of grade A farm permit by food division.
Suspension notice; requirements.
Holding orders; identification and disposal of adulterated milk.
Right of hearing.
As used in this chapter:
"Bulk tank" means a permanent or semi-permanent tank or container used to receive, cool or store bulk quantities of milk on a dairy farm. "Bulk tank" does not include milk cans or a bulk transport container.
"Bulk transport container" means a vehicle or container that a milk producer uses to ship bulk milk from a dairy farm to a dairy plant.
"C-I-P equipment" means any form of equipment which is designed to be cleaned in place by the mechanical circulation of cleaning and sanitizing solutions onto interior milk contact surfaces. "C-I-P equipment" includes C-I-P milking equipment, C-I-P pipelines and C-I-P bulk tanks.
"C-I-P milking equipment" means equipment items including milker claws, inflations, weigh jars, meters, milk hoses, milk receivers, takeoff units and milk pumps, which are designed to be cleaned in place by the mechanical circulation of cleaning and sanitizing solutions onto interior milk contact surfaces.
"C-I-P milk pipelines" means permanently mounted milk pipelines and their appurtenances which are designed to be cleaned in place by the mechanical circulation of cleaning and sanitizing solutions onto interior milk contact surfaces.
"Cowyard" means an enclosed or unenclosed area, approximately adjacent to a milking barn or parlor, in which milking animals congregate. "Cowyard" includes milking animal walkways, feeding areas, watering areas, washing areas and housing areas located outside but adjacent to a milking barn or parlor.
"Dairy plant operator" means a person who operates a dairy plant. "Dairy plant operator" includes the operator of a dairy plant located outside this state if the operator procures milk from producers located in this state. "Dairy plant operator" does not include a person identified under s. 97.20 (2) (e)
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Drug" has the meaning given in 21 USC 321
(g). "Drug" includes antibiotics and inhibitory substances.
"Equipment" means an implement, vessel, machine or apparatus, other than a utensil, which:
Is used to draw milk from milking animals or to transport, hold, handle, cool or store milk on a dairy farm.
"Food safety division" means the department's division of food safety.
"Grade B farm" means a dairy farm other than a grade A farm.
"Grade B milk" means milk other than grade A milk.
A repeat violation of any dairy farm standard under subch. III
, as determined on 2 consecutive regular inspections of a dairy farm.
An initial violation of any dairy farm standard under subch. III
if the violation creates a substantial risk of milk adulteration, whether or not the violation constitutes an imminent health hazard. The following conditions are considered key violations under this paragraph unless the inspector determines, under all of the surrounding circumstances, that they do not create a substantial risk of milk adulteration:
Filthy conditions in a milking barn or parlor, such as several days' accumulation of manure in gutters or other areas.
Filthy conditions in a cowyard, resulting in very dirty milking animals.
Water supply, water pressure, or water heating facilities fail to comply with this chapter.
No access to a toilet facility on the farm premises, or to a handwashing facility in the milkhouse.
Violation of standards under this chapter related to well construction or potability of water supply, including any cross connection between potable and non-potable water sources.
Violations of standards related to the design, construction or installation of equipment or utensils, if the violation creates a substantial risk of adulteration.
Two or more initial violations of dairy farm standards under subch. III
which combine to create a substantial risk of milk adulteration, whether or not the violations individually create a substantial risk of adulteration.
"Milk" means the lacteal secretion of milking animals, and includes skim milk and cream.
"Milk contact surfaces" means all surfaces of equipment or utensils which may come in contact with milk, or from which liquids may drain, splash or be drawn into milk.
"Milk hauler" means any person who collects milk at a dairy farm.
"Milkhouse" means an enclosed facility, separate from the milking barn or parlor, in which milk is cooled or stored, and in which equipment and utensils are cleaned, sanitized and stored. "Milkhouse" includes a milkhouse sharing one or more walls with a milking barn or parlor.
"Milking and milk handling system" means an automated system, and all components of that system, used to draw milk from milking animals, or to transport milk to a bulk tank or other container on a dairy farm. "Milking and milk handling system" includes C-I-P milking equipment and C-I-P milk pipelines.
Other hooved animals whose milk is collected and distributed for human consumption.
"Milking barn" means a roofed and enclosed facility, other than a milking parlor, in which milking animals, are milked on a dairy farm.
"Milking parlor" means a roofed and enclosed facility which is designed and used exclusively for the milking of milking animals, and which is not designed or used to house any animals.
"Person" means an individual, partnership, firm, association, corporation or any other business unit or entity.
"PMO" means the grade A pasteurized milk ordinance, 2005 revision, published by the United States department of health and human services, public health service, food and drug administration.
"Procure milk" means to buy milk or acquire the right to market milk.
"Sanitize" means to destroy pathogens and other microorganisms, to the maximum extent practicable, by applying a sanitizer or sanitizing method approved by the department to an otherwise clean surface.
"Secretary" means the secretary of the department.
"Single-service articles" means utensils, including containers, filters and other articles, which are designed to be used only once prior to disposal.
"Utensil" means any hand-held or similarly portable container, device, article or implement which:
Is used to draw milk from milking animals or to transport, hold, strain, handle or store milk on a dairy farm.
ATCP 60.01 History
Cr. Register, July, 1989, No. 403
, eff. 8-1-89; cr. (8m) and am. (24) (b), Register, June, 1992, No. 438
, eff. 7-1-92; am (10), Register, November, 1994, No. 467
, eff. 12-1-94; CR 01-125
: am. (1), (4), (7), (9b), (10), (15) (b) 8., (19) to (22), (24) and (29) (b), cr. (1g), r. (28), Register December 2002 No. 564
, eff. 1-1-03; CR 07-006
: am. (4), (9) (b), (15) (b) 3. and 9., (19), (20), (21) and (29) (b), r. and recr. (16), cr. (17m), (19m), (23m) and (23r), Register January 2008 No. 625
, eff. 2-1-08.
Milk producer license; fees. ATCP 60.02(1)
No person may operate as a milk producer without an annual license from the department, as provided under s. 97.22 (2)
, Stats. A license expires on April 30 of each year. A separate license is required for each dairy farm at which milk is produced. Whenever the department first issues a dairy farm license to a milk producer, that license shall bear a livestock premises code issued under s. ATCP 17.02 (7)
. A license is not transferable between persons or dairy farms. As a condition to licensing, a milk producer shall comply with applicable provisions of this chapter.
ATCP 60.02(2)(a)(a) General.
A license application, signed by the milk producer, shall be made on a form provided by the department. A dairy plant operator, after inspecting the dairy farm under s. ATCP 60.24 (1)
, shall submit the application on behalf of the milk producer, and shall certify that the dairy farm facilities comply with applicable requirements under this chapter. An annual license may be renewed each year upon payment of the required fees under sub. (4)
, without further application by the milk producer.
Livestock premises registration.
An application for an initial milk producer license shall include the information that is required under s. ATCP 17.02 (4)
for purposes of livestock premises registration.
(b) Action on license application.
Within 15 days after the department receives a complete license application under par. (a)
, the department shall do one of the following:
(c) Temporary license.
The department may issue a temporary license, for a period not to exceed 40 business days, pending final action on a producer's application for an annual dairy farm license. The department shall grant or deny the annual license application before the temporary license expires. If the department denies the annual license application before the temporary license expires, the temporary license is automatically terminated when the producer receives written notice of the denial. The holder of a temporary license acquires no rights beyond those conferred by the temporary license under this paragraph.
(3) Pre-license inspection.
The department may inspect a dairy farm, as it deems necessary, before issuing a license to a milk producer. If the dairy farm does not meet the minimum standards required for licensing, the department shall deny the license application.
The annual fee for a milk producer license under this section is $30.
A dairy plant operator shall pay the annual milk producer license fee under this section for each dairy farm from which the dairy plant operator receives milk at the time the fee payment is due. An applicant for an annual dairy plant license under s. ATCP 80.02
shall submit the required milk producer license fees with the applicant's dairy plant license application.
A dairy plant operator who pays a milk producer license fee under par. (a)
may charge that fee back to a milk producer if the dairy plant operator gives prior written notice to the milk producer, but the dairy plant operator may not deduct the fee from any payment that the dairy plant operator owes the milk producer for milk received by the dairy plant operator. A dairy plant operator may not discriminate between milk producers with respect to fee charges under this paragraph, but may charge back license fees to all milk producers who cease shipping milk to the operator's dairy plant during the license year.
(5) Denial of license application.
If the food safety division denies a milk producer's application for a license under this section, the division shall issue the denial in writing and shall state the reasons for the denial. The denial notice shall include a notice of the applicant's right to hearing under s. ATCP 60.31
. If a division inspector inspects the applicant's dairy farm, the inspector may deny the application by noting the denial on the inspection report given to the producer, provided that the inspection report includes the required information under this subsection.