ATCP 60.14(6)(a)(a) Every dairy farm shall have one or more sanitary toilets, conveniently accessible by persons engaged in milking operations. A conveniently accessible toilet may include a toilet in a farm residence or other farm building.
ATCP 60.14(7)
(7) Pest control. Insects, rodents and other pests shall be controlled, as necessary, to prevent the contamination of milk and milk contact surfaces of equipment and utensils. Pesticides shall not be stored, handled or used in a manner which might contaminate milk, milk contact surfaces, feed or water.
ATCP 60.14 Note
Note: Pesticide storage and use must comply with ss.
94.67 to
94.71, Stats., and ch.
ATCP 29. Pesticides must be registered for use by the U.S. environmental protection agency or by the department. Pesticides shall not be stored, handled or used in a manner inconsistent with label directions, or in a negligent manner.
ATCP 60.14(8)
(8) Animal drug storage. No animal drug or medicinal item may be kept in or immediately adjacent to dairy farm facilities used for dairying operations unless the animal drug or medicinal item is designed or prescribed for use on dairy animals. Animal drugs and medicinal items stored immediately adjacent to the milking barn, milking parlor or milkhouse shall be protected from the elements, and shall be stored above the floor, on racks or in a cabinet. Animal drugs and medicinal items shall be stored in a manner which prevents contamination of milk, and equipment and utensils coming in contact with milk. Animal drugs and medicinal items shall be clearly labeled to indicate their identity and intended use, and prescription drugs shall be labeled as provided under
s. ATCP 60.13 (6). Animal drugs and medicinal items intended solely for non-lactating animals shall be kept separate from those used on lactating animals.
ATCP 60.14 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; cr. (8),
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: r. and recr. (6),
Register December 2002 No. 564, eff. 1-1-03; corrections in (6) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2002 No. 564;
CR 07-006: am. (2), (3) and (4),
Register January 2008 No. 625, eff. 2-1-08; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
ATCP 60.15
ATCP 60.15
Milk quality standards. Milk received or collected from a dairy farm shall comply with all of the following standards at the time of receipt or collection:
ATCP 60.15(1)
(1) Visible adulteration and odors. The milk shall not be visibly adulterated, or have any objectionable odor, or be abnormal in appearance or consistency.
ATCP 60.15(2)
(2) Bacterial count. The bacterial count of grade A milk, as determined by a standard plate count or plate loop count under this subchapter, shall not exceed 100,000 per ml. The bacterial count of grade B milk shall not exceed 300,000 per ml. Except as provided under
s. ATCP 60.18 (5), a dairy plant is not required to reject milk shipments in response to a violation of this subsection unless the department suspends or revokes the milk producer's license or grade A permit, or issues a holding order or disposal order under
s. ATCP 60.30.
ATCP 60.15(3)
(3) Drug residues. The milk shall not contain any drug residue.
ATCP 60.15(4)
(4) Somatic cell count. The somatic cell count of cow or sheep milk, as determined by a direct microscopic somatic cell count or an electronic somatic cell count under this subchapter, shall not exceed 750,000 cells per ml. The somatic cell count of goat milk, as determined by the Pyronin Y Methyl green stain test, shall not exceed 1,500,000 cells per ml. Except as provided under
s. ATCP 60.20 (6), a dairy plant is not required to reject milk shipments in response to a violation of this subsection unless the department suspends or revokes the milk producer's license or grade A permit, or issues an order affecting the milk shipments under
s. ATCP 60.30.
ATCP 60.15(5)
(5) Temperature. If milk is received or collected from a dairy farm more than 2 hours after the most recent milking, the temperature of the milk shall not exceed 45º F. (7º C), or 50º F. (10º C.) in the case of grade B can milk. If the milk consists of a blend of milk from 2 or more milkings, and the milk is received or collected less than 2 hours after the most recent milking, the blend temperature shall not exceed 50º F.(10º C.).
ATCP 60.15(6)
(6) Pesticides and toxic substances. The milk shall be free of pesticides and toxic substances.
ATCP 60.15 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (4),
Register, June, 1991, No. 426, eff. 7-1-01; am. (3),
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: am. (2) and (4),
Register, December 2002 No. 564, eff. 1-1-03; correction in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2002 No. 564;
CR 07-006: am. (4)
Register January 2008 No. 625, eff. 2-1-08;
CR 10-055: am. (4)
Register November 2010 No. 659, eff. 12-1-10.
ATCP 60.16
ATCP 60.16
Examining milk by sight and smell. A person who receives or collects milk from a milk producer shall examine the milk by sight and smell, and shall reject all milk which has an objectionable odor, which is abnormal in appearance or consistency, or which is visibly adulterated. Rejected milk may not be received or commingled with milk from another milk producer. If a milk producer disputes the rejection of milk, the person who initially rejects the milk shall contact the dairy plant operator procuring the milk, and the dairy plant operator shall examine or test the milk prior to accepting or rejecting the milk. The dairy plant operator shall report the examination or test results to the department within 7 business days in a form approved by the department.
ATCP 60.16 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89;
CR 07-006: am.
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.17(1)
(1)
Sample required. A dairy plant operator who receives a milk shipment from a milk producer shall collect a representative milk sample from that shipment. A person licensed under s.
97.17 or
98.146, Stats., shall collect the sample before the dairy plant operator commingles the milk with milk from any other producer or shipment.
ATCP 60.17(2)
(2) Sample collected by milk hauler. A milk hauler who collects a bulk milk shipment from a dairy farm shall collect the milk sample under
sub. (1) for the dairy plant operator. The milk hauler shall collect the sample at the dairy farm, according to
ch. ATCP 82. The milk hauler shall promptly deliver the sample to the dairy plant operator, or to a milk testing laboratory designated by the dairy plant operator.
ATCP 60.17(2m)
(2m) Sample collected from bulk transport container. A person who receives a bulk transport container at a dairy plant shall collect the milk sample under
sub. (1) for the dairy plant operator. The person shall collect the sample according to
s. ATCP 82.12 and shall promptly deliver the sample to the dairy plant operator, or to a milk testing laboratory designated by the dairy plant operator.
ATCP 60.17(3)
(3) Increased sampling frequency. If milk from any dairy farm violates a standard under
s. ATCP 60.15 on any single test, the dairy plant operator shall do one of the following:
ATCP 60.17(3)(a)
(a) Collect and test a milk sample from that farm at least once every 2 days until a subsequent test shows that the violation has been corrected.
ATCP 60.17(7)
(7) Other adulteration. The milk shall not be adulterated within the meaning of s.
97.02, Stats., or insanitary within the meaning of s.
97.50, Stats.
ATCP 60.17 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-125: r. and recr.
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: cr. (2m), am. (3) (b),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.18(1)
(1)
Monthly testing required. During every month in which a dairy plant operator receives milk from a milk producer, the dairy plant operator shall perform at least one standard plate count (SPC) or plate loop count (PLC) on a milk sample obtained from the producer under
s. ATCP 60.17. A dairy plant operator shall perform tests under this subsection and
s. ATCP 80.26 on the same milk samples.
ATCP 60.18(2)
(2) New milk producer; initial testing. A dairy plant operator shall perform a standard plate count (SPC) or plate loop count (PLC) on a milk sample collected from a milk producer's first milk shipment to that operator. The operator shall report the test result to the department and the milk producer within 7 days after the operator obtains the test result.
ATCP 60.18(3)
(3) Monthly reporting. For each month in which a dairy plant operator procures milk from a milk producer, the operator shall report to the department and the milk producer at least one representative test result under
sub. (1) for a milk shipment procured in that month. The operator shall report the test result within 7 days after the operator obtains the test result.
ATCP 60.18(4)
(4) Representative test results. A test result is not representative, for reporting purposes under
sub. (3), unless all the following apply:
ATCP 60.18(4)(a)
(a) The dairy plant operator collects the test sample according to a uniform sampling schedule that the operator applies to all milk producers who ship milk to the operator's dairy plant.
ATCP 60.18(4)(b)
(b) The operator reports the test result according to standard reporting criteria that the operator applies to all milk producers who ship milk to the operator's dairy plant.
ATCP 60.18(5)
(5) Immediate response level; reporting and follow-up. If a bacterial count under this section or
s. ATCP 80.26 exceeds 750,000 per ml., the dairy plant operator shall do all the following:
ATCP 60.18(5)(a)
(a) Report the test result to the department and the milk producer within 3 business days after the operator obtains the test result.
ATCP 60.18(5)(b)
(b) Perform a confirmatory bacteriological test on at least one more sample of milk collected from the milk producer's dairy farm. The operator shall collect the confirmatory sample within 14 days after the date on which the operator collected the original sample. The operator shall report the confirmatory test result to the department and the milk producer within 3 business days after the operator obtains the test result.
ATCP 60.18(5)(c)
(c) Reject milk shipments from the dairy farm if the confirmatory test under
par. (b) shows a bacterial count still in excess of 750,000 per ml. The milk producer may not ship milk from the dairy farm to any dairy plant until a dairy plant operator conducts another test and finds that milk from the farm no longer has a bacterial count in excess of 750,000 per ml.
ATCP 60.18(6)
(6) Department inspection; reinspection fee. The department may inspect a dairy farm in response to any bacterial count reported to the department under this section. If the department inspects a dairy farm in response to a confirmatory bacterial count of more than 750,000 per ml. under
sub. (5), the department shall charge a reinspection fee under
s. ATCP 60.04. The department may not charge a reinspection fee if the confirmatory bacterial count does not exceed 750,000 per ml., or if the department inspects more than 3 weeks after the department receives the confirmatory bacterial count.
ATCP 60.18 Note
Note: Under s.
ATCP 60.27, the food safety division will suspend a producer's grade A farm permit if 3 of the last 5 bacterial counts reported to the department under this section exceed the grade A standard of 100,000 per ml. under s.
ATCP 60.15 (2). The division will suspend the producer's grade A permit regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section.
ATCP 60.18 Note
Note: Under s.
ATCP 60.25, the department may suspend a milk producer's license if bacterial counts continue to exceed the grade B standard of 300,000 per ml. under s.
ATCP 60.15 (2). The department may suspend the producer's license regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section. If 2 of the last 4 bacterial counts reported to the department under this section exceed the grade B standard of 300,000 per ml., the department will, at a minimum, send a warning notice to the producer.
ATCP 60.18(7)
(7) Laboratory reporting. A laboratory that performs tests under this section for a dairy plant operator may report the test results for the dairy plant operator.
ATCP 60.18(8)
(8) Electronic reporting. Beginning not later than January 1, 2004, a dairy plant operator or laboratory shall report test results under this section in an electronic form approved by the department.
ATCP 60.18 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (1), (2), (3) and (5),
Register, June, 1992, No. 438, eff. 7-1-92;
CR 01-125: r. and recr.
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (1), (3), (5) (intro.) and (b),
Register January 2008 No. 625, eff. 2-1-08;
CR 08-075: am. (5) (b)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 60.19(1)(a)(a) Monthly testing. During every month in which a dairy plant receives milk from a milk producer, the dairy plant operator shall perform a drug residue test on a milk sample obtained from that producer under
s. ATCP 60.17. The drug residue test shall be sensitive, at a minimum, to beta lactam drug residues.
ATCP 60.19(1)(b)
(b) New milk producer; initial testing. A dairy plant operator shall perform a drug residue test on a milk sample collected from a milk producer's first milk shipment to that dairy plant operator. The drug residue test shall be sensitive, at a minimum, to beta lactam drug residues and other drug residues for which testing is required under
sub. (2) (b). If the sample tests positive for any drug residue, the operator shall report the result to the department and the producer within the time prescribed in
sub. (8).
ATCP 60.19(2)(a)(a) Beta lactam drug residues; routine bulk load testing. The operator of every dairy plant shall perform a drug residue test on every bulk load of raw milk received at that dairy plant. The drug residue test shall be sensitive, at a minimum, to beta lactam drug residues.
ATCP 60.19(2)(b)1.1. In addition to performing routine beta lactam tests under
par. (a), the operator of a dairy plant shall randomly test bulk milk deliveries received at that dairy plant for other drug residues whenever random testing is required by the department under
subd. 2. The random testing program shall be designed so that, during any consecutive 6 month period, a milk shipment from each producer is included in at least 4 separate bulk load tests in each of 4 separate months.
ATCP 60.19(2)(b)2.
2. The department may issue a periodic written notice to dairy plant operators, requiring dairy plant operators to perform random tests under
subd. 1. for drug residues specified in the department's notice. The department shall issue the same notice to every dairy plant licensed by the department. The notice shall specify the effective date of the random testing requirements and the period of time during which the random testing requirements remain in effect.
ATCP 60.19(2)(c)
(c) Bulk load testing procedure. Whenever a dairy plant operator performs a drug residue test on a bulk load of milk under
par. (a) or
(b), the operator shall perform the test on a sample taken from the bulk milk tanker. The test shall be completed before the bulk load is commingled with any other milk. For testing purposes under
pars. (a) and
(b), a milk shipment received in cans is considered a bulk load.
ATCP 60.19(2)(d)
(d) Responsibility for follow-up testing. If a bulk load of milk tests positive for drug residue, and if the dairy plant receiving that milk from producers is not the dairy plant to which those producers are assigned for licensing purposes under
s. ATCP 60.02, the operator of the receiving dairy plant shall immediately notify the operator of the assigned dairy plant. The assigned dairy plant is responsible for performing follow-up tests on producer samples under
sub. (3), and for rejecting producer shipments under
sub. (6).
ATCP 60.19(3)
(3) Drug residue found in bulk load; follow-up testing. If a bulk load of milk tests positive for a drug residue under
sub. (2), the dairy plant operator shall perform a drug residue test on each of the individual milk producer samples collected for that bulk load under
s. ATCP 60.17. The dairy plant operator shall test each producer sample before collecting any further milk from that producer. The drug residue test performed on each producer sample shall be sensitive to the same drug residue that was detected in the bulk load. If a producer sample tests positive for any drug residue, the dairy plant operator shall perform a confirmatory test using the same test method and sample. The dairy plant operator shall perform the confirmatory test in duplicate, with single positive and negative controls. If either confirmatory test result is positive for a drug residue, the milk producer's sample is considered positive for that drug residue.
ATCP 60.19(4)
(4) Drug residue found in bulk load; load rejected. If a bulk load of milk from one or more producers tests positive for a drug residue under
sub. (2), the dairy plant operator shall reject the entire bulk load. Milk from a rejected bulk load may not be used for human food. The dairy plant operator shall denature or take responsibility for disposing of the rejected bulk load in a manner that precludes its use for human food.
ATCP 60.19(5)
(5) Rejected bulk load; dairy plant recovery from producers. ATCP 60.19(5)(a)(a) Dairy plant may recover loss. If a dairy plant operator properly rejects a bulk load of milk under
sub. (4), the operator shall recover the value of that bulk load from producers whose milk samples, representing milk shipments contained in that bulk load, test positive for drug residue under
sub. (3). The operator shall recover what would have been the value of the bulk load, had the load not tested positive for drug residue. The operator shall also recover any additional bulk load disposal, transportation and testing costs that the operator incurs because the bulk load tests positive for drug residues.
ATCP 60.19(5)(b)
(b)
Pro rata recovery. The dairy plant operator shall recover, from each offending producer under
par. (a), a pro rata share of the total recovery amount under
par. (a). The pro rata recovery from each offending producer shall be based on the size of that producer's shipment compared to those of other offending producers in the same bulk load. If there is only one offending producer, the operator shall recover the entire amount from that producer.
ATCP 60.19(5)(c)
(c)
Recovery deadline. The operator shall recover the full amount owed by each offending producer under
par. (b) within 90 days after that producer's milk sample tests positive for drug residue under
sub. (3). If the operator fails to recover the full amount within that time period, the operator shall give the department a written explanation.
ATCP 60.19(5)(d)
(d)
Payroll deduction. A dairy plant operator may deduct the amount owed by an offending producer under
par. (b) from the operator's payroll obligation to that offending producer.
ATCP 60.19(5)(e)
(e)
Notice of deduction. A dairy plant operator shall give a producer at least 30 days prior written notice of any deduction under
par. (d), unless the producer transfers to another dairy plant operator. The notice shall state all the following:
ATCP 60.19(5)(e)4.
4. That the operator will meet with the producer to discuss the deduction, at the producer's request.
ATCP 60.19(5)(f)
(f)
Meeting to discuss recovery. A dairy plant operator shall meet with a producer, at the producer's request, to discuss the operator's recovery from that producer under this subsection. The operator shall meet with the producer within 10 days after the producer requests the meeting, unless the producer requests a later meeting date. If the producer contests the validity of the recovery, and the matter is not resolved, the operator shall notify the producer that the producer may request a hearing before the department under
par. (g).
ATCP 60.19(5)(g)
(g)
Hearing request. If a producer contests the validity of a dairy plant operator's recovery under this subsection, and if the parties do not resolve the matter after meeting under
par. (f), the producer may request a hearing before the department. A request for hearing does not automatically stay a recovery under this subsection.
ATCP 60.19(5)(h)
(h)
Informal hearing. If a producer requests a hearing under
par. (g), the food safety division shall hold an informal hearing by telephone or at the division's nearest regional office. The division shall hold the informal hearing within 10 business days after the division receives the hearing request, unless the producer agrees to a later hearing date. The division shall include the producer and the dairy plant operator in the informal hearing.
ATCP 60.19(5)(i)
(i)
Formal hearing. If an informal hearing under
par. (h) does not resolve the matter, a producer may request a contested case hearing before the department under
ch. ATCP 1 and
ch. 227, Stats. A request for hearing does not automatically stay a recovery under this subsection. If the department grants a producer's request for hearing, the department shall include the producer and the dairy plant operator as parties to the hearing.
ATCP 60.19(5)(j)
(j)
Invalid recovery. If the department finds that a dairy plant operator's recovery under this subsection is invalid, the department may prohibit the recovery or order the dairy plant operator to repay the producer. The food safety division may issue an order under this paragraph after the division holds an informal hearing under
par. (h). If the division issues an order under this paragraph, the dairy plant operator may request a contested case hearing under
ch. ATCP 1 and
ch. 227, Stats., to contest the division's order. A request for hearing does not automatically stay the division's order.
ATCP 60.19(6)(a)(a) Dairy plant to reject. A dairy plant operator shall immediately notify a milk producer, and shall reject that producer's milk shipments as required under
par. (b), if any of the following occurs:
ATCP 60.19(6)(a)3.
3. A sample of the producer's milk tests positive for a drug residue after that milk has been commingled with milk from other producers, regardless of whether the drug residue test is required under this chapter.
ATCP 60.19(6)(b)
(b) Producer milk rejected. If a dairy plant operator is required to reject producer milk shipments under
par. (a), the dairy plant operator shall reject all milk produced on that dairy farm until a sample of that milk tests negative for drug residues on the same or an equivalent test, at a laboratory that is certified under
s. ATCP 77.03 (2) (c) to perform confirmatory tests.
ATCP 60.19(6)(c)
(c) Rejected milk; use prohibited. If a dairy plant operator rejects a producer's milk under
par. (b), no person may do any of the following:
ATCP 60.19(6)(d)
(d) Transfer between dairy plants. If a dairy plant operator rejects a producer's milk under
par. (b), the milk producer may not ship milk to another dairy plant until a dairy plant operator tests that producer's milk and the milk tests negative for drug residues on the same or an equivalent test, at a laboratory that is certified under
s. ATCP 77.03 (2) (c) to perform confirmatory tests.
ATCP 60.19(7)
(7) Reporting drug residue findings; bulk loads. Within 2 hours after a bulk load of milk tests positive for a drug residue under
sub. (2), the dairy plant operator shall report the drug test result to the food safety division by telephone or facsimile (FAX) transmission. The dairy plant operator shall confirm the report in writing, in a form approved by the department, within 3 business days after the drug residue test is completed. The report shall indicate the result of the drug residue test, the volume of milk contained in the bulk load, and the dairy plant's disposition of that milk.
ATCP 60.19(8)
(8) Reporting drug residue findings; producer milk shipments. ATCP 60.19(8)(a)(a) Dairy plant to report. Whenever any of the following occurs, the dairy plant operator that performs the drug residue test shall report the test result to the department under
par. (b):
ATCP 60.19(8)(a)3.
3. A sample of a producer's milk tests positive for a drug residue after that milk has been commingled with milk from other producers, regardless of whether the drug residue test is required under this chapter.
ATCP 60.19(8)(b)
(b) Form of report. Whenever a dairy plant operator is required to report a drug residue test result under
par. (a), the dairy plant operator shall report that result to the food safety division by telephone or facsimile (FAX) transmission. The dairy plant operator shall make the report within 2 hours after the drug residue test is completed. The operator shall confirm the report in writing, in a form approved by the department, within 3 business days after the drug residue test is completed.
ATCP 60.19(9)
(9) Inspection by department; reinspection fee. The department may, in its discretion, inspect a dairy farm in response to any positive drug residue test report under
sub. (8). The department shall charge a reinspection fee for the inspection under
s. ATCP 60.04. The department shall not charge a reinspection fee if it makes its inspection more than 3 weeks after the dairy plant operator reports the drug residue test result to the department.
