ATCP 60.235 Raw milk sales prohibited; exemptions.
Subchapter V — Inspection and Enforcement
ATCP 60.24 Inspection of dairy farms; general.
ATCP 60.245 Performance-based grade A dairy farm inspections.
ATCP 60.25 Suspension or revocation of milk producer license.
ATCP 60.26 Suspension or revocation of grade A farm permit; general.
ATCP 60.27 Violation of grade A milk quality standards; suspension of grade A farm permit by food division.
ATCP 60.275 Drug residue violations; producer sanctions.
ATCP 60.28 Violation of grade A farm standards; suspension of grade A farm permit by food division.
ATCP 60.29 Suspension notice; requirements.
ATCP 60.30 Holding orders; identification and disposal of adulterated milk.
ATCP 60.31 Right of hearing.
ATCP 60.01
ATCP 60.01
Definitions. As used in this chapter:
ATCP 60.01(1)
(1) "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.
ATCP 60.01(1g)
(1g) "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.
ATCP 60.01(1m)
(1m) "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.
ATCP 60.01(2)
(2) "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.
ATCP 60.01(3)
(3) "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.
ATCP 60.01(4)
(4) "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.
ATCP 60.01(7)
(7) "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), Stats.
ATCP 60.01(8)
(8) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 60.01(8m)
(8m) "Drug" has the meaning given in
21 USC 321 (g). "Drug" includes antibiotics and inhibitory substances.
ATCP 60.01(9)
(9) "Equipment" means an implement, vessel, machine or apparatus, other than a utensil, which:
ATCP 60.01(9)(b)
(b) Is used to draw milk from milking animals or to transport, hold, handle, cool or store milk on a dairy farm.
ATCP 60.01(10)
(10) "Food safety division" means the department's division of food safety.
ATCP 60.01(13)
(13) "Grade B farm" means a dairy farm other than a grade A farm.
ATCP 60.01(14)
(14) "Grade B milk" means milk other than grade A milk.
ATCP 60.01(15)(a)
(a) A repeat violation of any dairy farm standard under subch.
III, as determined on 2 consecutive regular inspections of a dairy farm.
ATCP 60.01(15)(b)
(b) 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:
ATCP 60.01(15)(b)2.
2. Filthy conditions in a milking barn or parlor, such as several days' accumulation of manure in gutters or other areas.
ATCP 60.01(15)(b)3.
3. Filthy conditions in a cowyard, resulting in very dirty milking animals.
ATCP 60.01(15)(b)5.
5. Water supply, water pressure, or water heating facilities fail to comply with this chapter.
ATCP 60.01(15)(b)6.
6. No access to a toilet facility on the farm premises, or to a handwashing facility in the milkhouse.
ATCP 60.01(15)(b)7.
7. 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.
ATCP 60.01(15)(b)13.
13. Violations of standards related to the design, construction or installation of equipment or utensils, if the violation creates a substantial risk of adulteration.
ATCP 60.01(15)(c)
(c) 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.
ATCP 60.01(16)
(16) "Milk" means the lacteal secretion of milking animals, and includes skim milk and cream.
ATCP 60.01(17)
(17) "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.
ATCP 60.01(17m)
(17m) "Milk hauler" means any person who collects milk at a dairy farm.
ATCP 60.01(18)
(18) "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.
ATCP 60.01(19)
(19) "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.
ATCP 60.01(19m)(b)
(b) Other hooved animals whose milk is collected and distributed for human consumption.
ATCP 60.01(20)
(20) "Milking barn" means a roofed and enclosed facility, other than a milking parlor, in which milking animals, are milked on a dairy farm.
ATCP 60.01(21)
(21) "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.
ATCP 60.01(23)
(23) "Person" means an individual, partnership, firm, association, corporation or any other business unit or entity.
ATCP 60.01(23m)
(23m) "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.
ATCP 60.01(23r)
(23r) "Procure milk" means to buy milk or acquire the right to market milk.
ATCP 60.01(25)
(25) "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.
ATCP 60.01(26)
(26) "Secretary" means the secretary of the department.
ATCP 60.01(27)
(27) "Single-service articles" means utensils, including containers, filters and other articles, which are designed to be used only once prior to disposal.
ATCP 60.01(29)
(29) "Utensil" means any hand-held or similarly portable container, device, article or implement which:
ATCP 60.01(29)(b)
(b) 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
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.
ATCP 60.02
ATCP 60.02
Milk producer license; fees. ATCP 60.02(1)
(1)
License requirement. 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.
ATCP 60.02(2)(am)
(am)
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.
ATCP 60.02(2)(b)
(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:
ATCP 60.02(2)(c)
(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.
ATCP 60.02(3)
(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.
