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.
ATCP 60.20(6)
(6) Immediate response level; reporting and follow-up. If a somatic cell count under this section or
s. ATCP 80.26 exceeds 1,000,000 somatic cells per ml. for cow or sheep milk, the dairy plant operator shall do all the following:
ATCP 60.20(6)(a)
(a) Report the somatic cell count to the department and the milk producer within 3 business days after the operator obtains the somatic cell count.
ATCP 60.20(6)(b)
(b) Perform a confirmatory somatic cell count 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 somatic cell count to the department and the milk producer within 3 business days after the operator obtains the confirmatory count.
ATCP 60.20(6)(c)
(c) Reject milk shipments from the dairy farm if the confirmatory somatic cell count under
par. (b) still exceeds 1,000,000 somatic cells per ml. The milk producer may not ship cow or sheep milk from the dairy farm to any dairy plant until a dairy plant operator conducts another somatic cell count and finds that the count no longer exceeds this number.
ATCP 60.20 Note
Note: The food safety division will suspend a grade A farm permit if 3 of the last 5 reported somatic cell counts exceed the standard under s.
ATCP 60.15 (4), regardless of whether any somatic cell count exceeds the immediate response level under this subsection. See s.
ATCP 60.27.
ATCP 60.20 NoteUnder s.
ATCP 60.25, The department may suspend a milk producer license if somatic cell counts continue to exceed the standard under s.
ATCP 60.15 (4), regardless of whether any somatic cell count exceeds the immediate response level under this subsection. If 2 of the last 4 reported somatic cell counts exceed the standard under s.
ATCP 60.15 (4), the department will at least send a warning notice to the producer. See s.
ATCP 60.27.
ATCP 60.20(7)
(7) Laboratory reporting. A laboratory that performs somatic cell counts under this section for a dairy plant operator may report the somatic cell counts for the dairy plant operator.
ATCP 60.20 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; am. (1), (2m) and (3),
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: am. (1), (2), (3), (4), (6) (intro.), (b) and (c),
Register January 2008 No. 625, eff. 2-1-08;
CR 08-075: am. (6) (b)
Register April 2009 No. 640, eff. 5-1-09;
CR 10-055: am. (3), (6) (intro.), (b), (c)
Register November 2010 No. 659, eff. 12-1-10.
ATCP 60.22
ATCP 60.22
Certified testers; test methods; reporting. ATCP 60.22(1)(a)(a) Except as provided in
par. (b), no laboratory may perform a milk test under
ss. ATCP 60.18 to
60.20 unless the laboratory operator is currently certified by the department under
s. ATCP 77.03 to perform that test at that laboratory.
ATCP 60.22(1)(b)
(b) A laboratory may perform a drug residue test under
s. ATCP 60.19 as a screening test, even though the laboratory is not certified under
s. ATCP 77.03 to perform that test as a confirmatory test, if all of the following apply:
ATCP 60.22(1)(b)3.
3. A different laboratory performs a confirmatory test if the screening test result is positive for drug residue. The laboratory performing the confirmatory test shall be certified to do so under
s. ATCP 77.03. The laboratory shall perform the confirmatory test on the same test sample using the same or an equivalent test method, and shall complete the confirmatory test within the time period specified in
s. ATCP 60.19 (12).
ATCP 60.22(2)(b)
(b) Pursuant to
s. ATCP 77.23 (2), the department may approve an individual to perform a drug residue test under
s. ATCP 60.19 as a screening test, even though the individual is not certified under
s. ATCP 77.22 to perform that test as a confirmatory test.
ATCP 60.22(3)
(3) Test methods. Milk testing under
ss. ATCP 60.18 to
60.20 shall use test methods prescribed in the applicable FDA 2400 series laboratory evaluation forms, published by the United States department of health and human services, public health service, food and drug administration, which are in effect on February 1, 2008. If no FDA form applies, testing shall be conducted according to methods prescribed in the "Standard Methods for the Examination of Dairy Products," 17th Edition (2004), or in "Official Methods of Analysis of AOAC International," 18th Edition (2005).
ATCP 60.22 Note
Note: Copies of the FDA 2400 series laboratory evaluation forms in effect on February 1, 2008, are on file with the department and the legislative reference bureau. To find out how to obtain a copy of these forms, you may contact the department at the following address:
ATCP 60.22 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
Laboratory Certification Program
P.O. Box 8911, Madison, WI 53708-8911
Telephone: (608) 224-4712
ATCP 60.22 Note
The American Public Health Association's "Standard Methods for the Examination of Dairy Products," 17th Edition (2004), is on file with the department and the legislative reference bureau and may be obtained from the American Public Health Association, Inc., 800 I Street, NW, Washington, D.C. 20001, telephone 202-777-2742, website
www.apha.org.
ATCP 60.22 Note
The "Official Methods of Analysis of AOAC International," 18th Edition (2005), is on file with the department and the legislative reference bureau and may be obtained from AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417, telephone 800-379-2622, website
www.aoac.org.
ATCP 60.22 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; r. and recr (1),
Register June, 1992, No. 438, eff. 7-1-92; correction in (1) (a) made under s. 13.93, (2m) (b) 7., Stats.,
Register, November, 1994, No. 467; correction in (1) (a) made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, April, 1999, No. 520;
CR 01-125: r. and recr. (1), r. (1) (c), am. (2),
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: r. and recr.,
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.23
ATCP 60.23
Dairy plant operator to furnish producer milk samples to department upon request. Upon reasonable notice from the department, a dairy plant operator shall provide the department with samples of producer milk collected under
s. ATCP 60.17. The department may request samples once every 4 months, or more often as the department considers necessary for animal health and milk quality testing. Every sample shall be marked with the identification number of the individual producer from whom the sample was collected, and shall also indicate the date on which the sample was collected. A sample shall be kept at a temperature of 40º F or below until it is transferred to the custody of the department.
ATCP 60.23 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89.
ATCP 60.235
ATCP 60.235
Raw milk sales prohibited; exemptions. No person may sell or distribute unpasteurized milk or fluid milk products to consumers, or to any person for resale or redistribution in unpasteurized form to consumers. This section does not prohibit any of the following:
ATCP 60.235(1)
(1) The sale or distribution of milk or fluid milk products that are heat sterilized in hermetically sealed containers.
ATCP 60.235(2)
(2) The distribution of unpasteurized milk, produced on a dairy farm, to any of the following:
ATCP 60.235(2)(a)
(a) The milk producer who is licensed under
s. ATCP 60.02 (1) to operate that dairy farm, and who, as license holder, assumes legal responsibility for dairy farm operations.
ATCP 60.235(2)(b)
(b) An individual who has a bona fide ownership interest in the milk producer under
par. (a), if the milk producer is a legal entity other than an individual or married couple.
ATCP 60.235(2)(c)
(c) A family member or nonpaying household guest who consumes the milk at the home of an individual operator or bona fide owner under
par. (a) or
(b).
ATCP 60.235(3)
(3) The sale or distribution of unpasteurized milk, produced on a dairy farm, to the employees of that dairy farm.
ATCP 60.235(4)
(4) The incidental sale of unpasteurized milk to a consumer, for delivery to the consumer at the dairy farm where the milk is produced, for consumption by the consumer, the consumer's family, or the consumer's nonpaying guests. A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer or solicitation made to the general public through any communications media.
ATCP 60.235 History
History: CR 07-006: cr.
Register January 2008 No. 625, eff. 2-1-08.
ATCP 60.24
ATCP 60.24
Inspection of dairy farms; general. ATCP 60.24(1)(1)
Inspection by dairy plant. Before a dairy plant operator submits a milk producer license application under
s. ATCP 60.02 or a grade A permit application under
s. ATCP 60.03 on behalf of a milk producer, the dairy plant operator shall inspect the dairy farm. The dairy plant operator, when submitting the producer's license or permit application, shall include a copy of the operator's inspection report and shall certify that the dairy farm facilities comply with applicable dairy farm standards under this chapter. The department may, at other times, require a dairy plant operator to inspect a dairy farm as necessary.
ATCP 60.24(2)
(2) Inspection by the department. The department shall inspect dairy farms for compliance with applicable standards under this chapter. Except as provided in
s. ATCP 60.245, the department shall inspect a grade A dairy farm at least once every 6 months and a grade B dairy farm at least once every 2 years. For the purpose of conducting a lawful inspection under this chapter, the department may exercise its authority under ss.
93.08,
93.15 (2) and
97.12 (1), Stats.
ATCP 60.24(3)
(3) Variances. The department may issue a written waiver granting a variance from a dairy farm standard under subch.
III if the department determines that the variance is reasonable and necessary under the circumstances, and will not compromise the purpose served by the standard. The food safety division administrator, or the administrator's designee, may issue a waiver under this subsection.
ATCP 60.24 History
History: Cr.
Register, July, 1989, No. 403, eff. 8-1-89; am. (1) and (2),
Register, June, 1992, No. 438, eff. 7-1-92; emerg. renum. (2) to be (2) (a), cr. (2) (b), eff. 12-21-93; renum. (2) to be (2) (a), and am., cr. (2) (b), r. and recr. (3),
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-125: r. and recr. (2), am. (3),
Register December 2002 No. 564, eff. 1-1-03.
ATCP 60.245
ATCP 60.245
Performance-based grade A dairy farm inspections. The department shall use the performance standards in this section to determine grade A dairy farm inspection frequency. The department shall evaluate each grade A dairy farm every 3 months, based on inspection reports, milk quality tests and department compliance actions during the preceding 12 months. Based on the evaluation, the department shall place each dairy farm in one of the following categories:
ATCP 60.245(1)
(1) Twelve-month inspection interval. The department shall inspect a grade A dairy farm in this category at least once every 12 months. The department shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and department compliance actions during the preceding 12 months:
ATCP 60.245(1)(a)
(a) None of the producer's standard plate counts (SPC) exceed 25,000 per ml., except that one SPC may exceed 25,000 per ml. if it is not more than 100,000 per ml.
ATCP 60.245(1)(b)
(b) None of the producer's somatic cell counts (SCC) exceed 500,000 per ml.
ATCP 60.245(1)(e)
(e) The department has not suspended the producer's grade A dairy farm permit or milk producer license.
ATCP 60.245(1)(g)
(g) The milk producer has not violated any milk temperature or cooling standards under this chapter.
ATCP 60.245(2)
(2) Six-month inspection interval. The department shall inspect a grade A dairy farm in this category at least once every 6 months. The department shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and department compliance actions during the preceding 12 months:
