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.
ATCP 60.19(10)(a)(a) Positive test result; general. For purposes of this section and
s. ATCP 60.275, a drug residue test is considered positive if the detected amount of drug residue exceeds the action level specified for that drug under
par. (b) The action levels under
par. (b) do not establish legal tolerances for drug residues in milk, nor do they preclude the department from taking enforcement action where drug residues are present at levels below these action levels.
ATCP 60.19(10)(b)
(b) Specified drug tests; positive test result. In a test for any of the following drugs, the action level is exceeded whenever the drug residue level found in the test exceeds the level specified below:
Drug Action Level (ppb)
Ampicillin 10
Amoxicillin 10
Cephapirin 20
Ceftiofur 100
Cloxacillin 10
Neomycin 150
Novobiocin 100
Penicillin G 5
Sulfadimethoxine 10
Tylosin 50
Erythromycin* 50
Gentamicin* 30
Dihydrostreptomycin* 125
Sulfachloropyridazine* 10
Sulfadiazine* 10
Sulfamerazine* 10
Sulfamethazine* 10
Sulfamethizole* 10
Sulfanilamide* 10
Sulfapyridine* 10
Sulfaquinoxaline* 10
Sulfathiazole* 10
Tetracyclines* 300
ATCP 60.19 Note
Note: Action levels specified under this paragraph are based on tolerances or "safe levels" specified by the United States food and drug administration, and identified in a memorandum from FDA's Milk Safety Branch, M-I-05-5, September 27, 2005. A copy of the memorandum is on file with the department, and is available upon request.
ATCP 60.19 Note
For drugs identified with an asterisk (*), the levels in this paragraph are based on "safe levels" specified by FDA. "Safe levels" are merely enforcement guides and do not constitute legal tolerances. They do not legalize residues found in milk that are below the "safe level." "Safe levels" are not binding on the courts or the department. They do not limit the department's discretion in any way, and they do not protect milk producers or milk itself from enforcement action. "Safe levels" do not constitute animal drug tolerances under section 512 (b) of the federal food, drug and cosmetic act.
ATCP 60.19(10)(c)
(c) Test result presumed valid. For purposes of this section and
s. ATCP 60.275, whenever a dairy plant operator reports a positive test result to the department under
sub. (8), that test result is rebuttably presumed to be valid.
ATCP 60.19(11)
(11) 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 60.19(12)
(12) Timely testing. Drug residue tests required under this section shall be completed within 72 hours after the tested milk, or any portion of the tested milk, was first collected from a dairy farm.
ATCP 60.19 Note
Note: If a drug residue test is performed on a bulk load of milk collected from several dairy farms, the test must be completed within 72 hours after the milk hauler collects milk from the first farm. Confirmation of positive drug residue screening tests, if required under s.
ATCP 60.22 (1) (b) 3., must be completed within the same 72-hour period.
ATCP 60.19 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; r. and recr.,
Register, June, 1992, No. 438, eff. 7-1-92; am. (5) (d) and (f),
Register, November, 1994, No. 467, eff. 12-1-94; emerg. am. (3) and (4), eff. 4-30-99; am. (3) and (4),
Register, December, 1999, No. 528, eff. 1-1-00;
CR 01-125: cr. (11),
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (6) (b) and (d) and (10) (b), cr. (12),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.20(1)
(1)
Monthly Testing Required. During every month in which a dairy plant operator procures milk from a milk producer, the dairy plant operator shall perform at least one somatic cell count on a milk sample obtained from the producer under
s. ATCP 60.17. If the operator tests more than one milk sample each month, the operator shall collect the samples at regular intervals throughout the month. A dairy plant operator shall perform tests under this section and
s. ATCP 80.26 on the same milk samples.
ATCP 60.20 Note
Note: Somatic cell tests must be performed using methods prescribed under s.
ATCP 60.22 (2). The maximum time between sample collection and testing depends on the test method used.
ATCP 60.20(2)
(2) New milk producer; initial testing.. A dairy plant operator shall perform a somatic cell count 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 producer within 7 days after the operator obtains the test result.
ATCP 60.20(3)
(3) Test methods. A somatic cell count under this section shall be a direct microscopic somatic cell count or an electronic somatic cell count. If the somatic cell count on goat milk exceeds 1,500,000 somatic cells per ml., the somatic cell count shall be confirmed using the Pyronin Y Methyl green stain test, unless that test was used to obtain the initial count.
ATCP 60.20(4)
(4) Monthly reporting. For each month in which a dairy plant operator procures milk shipments from a milk producer, the operator shall report to the department and the producer at least one representative somatic cell count under
sub. (1) for a milk shipment procured in that month. The operator shall report the somatic cell count within 7 days after the operator obtains the count.
ATCP 60.20(5)
(5) Representative somatic cell counts. A somatic cell count is not representative, for reporting purposes under
sub. (4), unless all the following apply:
ATCP 60.20(5)(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 same dairy plant.
ATCP 60.20(5)(b)
(b) The operator reports the somatic cell count according to standard reporting criteria that the operator applies to all milk producers who ship milk to the same dairy plant.
