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.
ATCP 60.02(4)(a)(a) The annual fee for a milk producer license under this section is $30.
ATCP 60.02(4)(b)
(b) 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.
ATCP 60.02(4)(c)
(c) 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.
ATCP 60.02(5)
(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.
ATCP 60.02(6)
(6) Transfer between dairy plant operators. A dairy plant operator shall notify the department in writing within 3 business days after any of the following occurs:
ATCP 60.02(6)(a)
(a) The operator begins receiving milk shipments from a licensed producer who has previously shipped milk to another operator. No new license is required.
ATCP 60.02(6)(b)
(b) A licensed producer is re-assigned, for licensing purposes under this section, to that dairy plant operator.
ATCP 60.02(7)
(7) Producer shipping milk to more than one dairy plant. A milk producer may concurrently ship milk to more than one dairy plant operator if all the following apply:
ATCP 60.02(7)(a)
(a) The producer is assigned, for licensing purposes under this section, to one of the operators. That operator shall do all the following on behalf of the milk producer:
ATCP 60.02(7)(a)3.
3. Fulfill other dairy plant operator obligations under this subchapter, if any, related to the producer's license or grade A permit.
ATCP 60.02(7)(b)
(b) Each operator pays dairy plant license fees and milk procurement fees under
s. ATCP 80.04, as those fees apply to that operator's receipt of milk shipments from the producer. A dairy plant operator who custom processes a producer's milk according to
par. (d) is not required to pay milk procurement fees under
s. ATCP 80.04 (2) on that milk.
ATCP 60.02(7)(c)
(c) Each operator complies with milk sampling, testing, reporting, and test follow-up requirements under this chapter, as those requirements apply to that operator's receipt of milk shipments from the producer. A dairy plant operator who custom processes a producer's milk according to
par. (d) is not required to test that producer's milk under
ss. ATCP 60.18 to
60.20, except that the operator shall screen each bulk load of milk for drug residues under
s. ATCP 60.19 (2) and shall reject contaminated loads according to
s. ATCP 60.19 (4).
ATCP 60.02(7)(d)
(d) A dairy plant operator is deemed to be custom processing a producer's milk, for purposes of
pars. (b) and
(c), if all the following apply:
ATCP 60.02(7)(d)1.
1. The operator, on behalf of the producer, makes that milk into dairy products.
ATCP 60.02(7)(d)2.
2. The producer retains title to that milk, and to all of the dairy products made from that milk.
ATCP 60.02(7)(d)3.
3. The operator does not market that milk, or the dairy products made from that milk, but promptly returns the dairy products to the producer or the producer's agent for consumption or marketing.
ATCP 60.02(7)(d)4.
4. The operator does not commingle producer-owned milk with other milk.
ATCP 60.02(7)(d)5.
5. The operator provides the custom processing services pursuant to a written agreement with the producer or the producer's agent. The agreement shall clearly state that the producer retains title to all of the custom processed milk and dairy products, and that the producer's milk shipments under the custom processing agreement are not secured under
ch. 126, Stats.
ATCP 60.02(7)(d)6.
6. The producer ships, for custom processing under this paragraph, not more than 50 percent of the producer's milk production in any month.
ATCP 60.02(7)(d)7.
7. The operator custom processes not more than 5 million pounds of milk under this paragraph in any month.
ATCP 60.02(7)(d)8.
8. The producer or the producer's agent shall notify the department of the custom processing agreement before shipping milk to the operator for custom processing under this paragraph and annually thereafter. The producer or producer agent shall simultaneously notify the dairy plant operator to whom the producer is assigned for licensing purposes under
par. (a) if that operator is not the one providing the custom processing services.
ATCP 60.02(7)(d)9.
9. The producer or the producer's agent files a monthly report with the department, on or before the 15th day of the month, reporting the volume of milk delivered to the custom processor during the preceding month. The producer or producer agent shall file a copy of the report with the dairy plant operator to whom the producer is assigned for licensing purposes under
par. (a) if that operator is not the one providing the custom processing services.
ATCP 60.02(7)(d)10.
10. The producer or the producer's agent pays to the department the dairy plant milk procurement fees under
s. ATCP 80.04 (2) that apply to the producer's custom processed milk shipments.
ATCP 60.02(7)(d)11.
11. The producer or the producer's agent pays milk marketing order assessments and other state or federally mandated assessments that apply to the producer's custom processed milk shipments, in the manner prescribed by state or federal law.
ATCP 60.02(8)(a)(a) A dairy plant operator shall notify the department if a milk producer temporarily discontinues milk shipments to the operator's dairy plant without transferring shipments to another dairy plant. The dairy plant operator shall notify the department in writing within 3 business days after the producer discontinues shipments, and within 3 business days after the producer resumes milk shipments.
ATCP 60.02(8)(b)
(b) A milk producer's license remains in effect if the producer resumes milk shipments under
par. (a) within 180 days. If the milk producer does not resume milk shipments within 180 days, the department shall summarily revoke the milk producer's license. The department shall give the producer a written revocation notice at least 5 business days prior to the effective date of the notice.
ATCP 60.02(9)
(9) Dairy plant termination of milk producer. If a dairy plant operator stops collecting milk from a milk producer for any reason, other than a reason identified in
sub. (6),
sub. (8), or
s. ATCP 60.18 (5),
60.19 (6),
60.20 (6) or
80.20, the dairy plant operator shall notify the department in writing within 3 business days after receiving the last shipment of milk from that producer. The department shall summarily revoke the milk producer's license 30 days after that last milk shipment date unless, by the scheduled revocation date, the milk producer is shipping milk to another dairy plant operator to whom the producer is assigned for licensing purposes under this section. The department shall give the producer a written revocation notice at least 5 business days prior to the effective date of the notice.
ATCP 60.02 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (4),
Register, June, 1992, No. 438, eff. 7-1-92; r. and recr. (4),
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-125: am. (5), r. and rect. (6), cr. (7) to (9),
Register December 2002 No. 564, eff. 1-1-03;
CR 04-103: am. (1) and cr. (2) (am)
Register September 2005 No. 597, eff. 10-1-05;
CR 05-044: r. and recr. (4)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-006: am. (7) (c) and (d) 4. and 8.,
Register January 2008 No. 625, eff. 2-1-08;
CR 07-037: am. (4) (a)
Register April 2008 No. 628, eff. 5-1-08.
ATCP 60.03(1)(1)
Permit requirement. No milk producer may sell or distribute milk as grade A milk without an annual grade A permit from the department, as provided under s.
97.22 (3), Stats. A grade A permit is not valid unless the producer also holds a valid milk producer license under
s. ATCP 60.02. A grade A permit expires on April 30 of each year. A separate grade A permit is required for each dairy farm at which milk is produced for distribution or sale as grade A milk. A grade A permit is not transferable between persons or dairy farms. A grade A permit may be issued by a department inspector in the form of an endorsement on an inspection report given to the milk producer. As a condition to holding a grade A permit, a milk producer shall comply with applicable provisions of this chapter.
ATCP 60.03(2)(a)(a) General. A grade A permit 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 grade A requirements under this chapter. A grade A permit may be renewed each year in connection with the renewal of the milk producer's license under
s. ATCP 60.02, without further application by the milk producer.
ATCP 60.03(2)(b)
(b) Action on permit application. Within 15 days after the department receives a complete grade A permit application under
par. (a), the department shall do one of the following:
ATCP 60.03(3)
(3) Pre-permit inspection. The department shall inspect a dairy farm before issuing a grade A permit for that dairy farm. If the dairy farm does not meet the minimum standards required for issuance of a grade A permit, the department shall deny the grade A permit application.
ATCP 60.03(4)
(4) Denial of permit application. If the food safety division denies a milk producer's application for a grade A permit 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. A division inspector, after inspecting the applicant's dairy farm, may deny a grade A permit 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.
ATCP 60.03(5)(a)(a) A dairy plant operator shall notify the department in writing within 3 business days after any of the following occurs:
ATCP 60.03(5)(a)1.
1. The operator begins receiving milk shipments from a grade A producer who has previously shipped milk to another operator. No new grade A permit is required.
ATCP 60.03(5)(a)2.
2. A grade A producer is re-assigned, for permit purposes under this section, to that dairy plant operator.
ATCP 60.03(5)(b)
(b) A grade A producer may concurrently ship milk to more than one dairy plant operator if the producer and dairy plant operators comply with
s. ATCP 60.02 (7).
ATCP 60.03(6)(a)(a) A dairy plant operator shall notify the department if a grade A milk producer temporarily discontinues milk shipments to the operator's dairy plant without transferring milk shipments to another dairy plant. The dairy plant operator shall notify the department in writing within 3 business days after the producer discontinues shipments, and within 3 business days after the producer resumes milk shipments.
ATCP 60.03(6)(b)
(b) A milk producer's grade A permit remains in effect if the producer resumes milk shipments under
par. (a) within 60 days. If the milk producer does not resume milk shipments within 60 days, the department shall summarily revoke the milk producer's grade A permit. The department shall give the producer a written revocation notice at least 5 business days prior to the effective date of the notice.
ATCP 60.03 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (2) (a), r. (4), renum. (5) and (6) to be (4) and (5),
Register, June, 1992, No. 438, eff. 7-1-92.
ATCP 60.04(1)(1)
Fee requirement. If the department conducts a reinspection as defined in
s. ATCP 60.01 (24), the department shall charge a reinspection fee for the reinspection, pursuant to s.
97.22 (4), Stats. A reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department.
ATCP 60.04(2)(b)
(b) If a reinspection is required under this chapter for reinstatement of a producer's license or grade A permit, the reinspection fee under
sub. (1) is $60.
ATCP 60.04(3)
(3) Dairy plant to pay reinspection fee for milk producer. A dairy plant operator shall pay the dairy farm reinspection fee under this section for a milk producer if, at the time of the reinspection, the producer was assigned to that operator for licensing purposes under
s. ATCP 60.02. The department may issue a statement of reinspection fees payable by a dairy plant operator, and may demand payment from the dairy plant operator when it issues an application form for the renewal of the dairy plant operator's license under s.
97.20, Stats.
ATCP 60.04 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; r. and recr. (2),
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: am. (3),
Register December 2002 No. 564, eff. 1-1-03;
CR 05-044: r. and recr. (2)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-037: am. (2) (a) and (b)
Register April 2008 No. 628, eff. 5-1-08.
ATCP 60.05
ATCP 60.05
Fee payment obligations; enforcement. ATCP 60.05(1)(1)
Licensed dairy plant. The department shall not issue or renew a dairy plant license under s.
97.20, Stats., unless the license applicant pays all fees which are due and payable under this subchapter, as set forth in a written statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition to licensing.
ATCP 60.05(3)
(3) Milk producer. If no dairy plant pays the fees required under this subchapter on behalf of a milk producer, the department may demand payment from the milk producer. If, after reasonable notice and demand for payment, a milk producer fails to pay a fee which was due and payable prior to the current license year, the department may suspend the milk producer's license or grade A farm permit.
ATCP 60.05 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 01-125: r. (2),
Register December 2002 No. 564, eff. 1-1-03.
ATCP 60.06
ATCP 60.06
Milking barn or parlor. All milking operations on a dairy farm shall be conducted in a milking barn or parlor, which shall be constructed and maintained in compliance with the following requirements:
ATCP 60.06(1)
(1) Floors and gutters; construction. Except as authorized by the department in writing, floors, gutters and gutter covers in milking barns and parlors shall comply with all of the following requirements:
ATCP 60.06(1)(a)
(a) They shall be constructed of concrete or other materials that are equally impervious and easy to clean.
ATCP 60.06(1)(b)
(b) They shall be constructed and maintained so they can be kept clean.
ATCP 60.06(1)(c)
(c) They shall be sloped to drain properly and shall be free of excessive breaks or worn areas which may allow pooling of liquid wastes. Floors and gutters constructed after July 1, 1989, shall have a slope of at least one inch per 10 feet.
ATCP 60.06(1m)
(1m) Manure handling systems. Gravity flow manure handling systems and liquid manure storage under milking barns shall comply with applicable standards contained in PMO Appendix C, "Dairy Farm Construction Standards and Milk Production."
ATCP 60.06 Note
Note: Copies of the PMO, including Appendix C, are on file with the department and the legislative reference bureau. Copies are available online at http://www. cfsan.fda.gov.
ATCP 60.06(2)
(2) Walls and ceilings; construction. Walls and ceilings in milking barns and parlors shall be constructed and maintained so that they can be kept clean. Walls and ceilings shall be painted, whitewashed or otherwise finished so that they are light colored and easy to clean. The ceiling shall be constructed and maintained to prevent dust and chaff from entering the milking barn or parlor from above. The wall finish and wall cleaning requirements under this subsection do not apply to seasonal milking parlors constructed without walls
ATCP 60.06(3)
(3) Lighting. Natural or artificial lighting, or both, shall be provided in milking barns and parlors to ensure adequate illumination for daytime and nighttime milking operations. Except where additional lighting is required for milking parlors under
sub. (9), there shall be at least 10 foot-candles of illumination in all working areas where milking operations are being performed.
