ATCP 60.27(6)(a) (a) A milk producer may ask the department to reinstate a grade A farm permit suspended under sub. (4). The producer shall make the request in writing, on a form provided by the department under s. ATCP 60.29 (4). The request shall include the result of a milk quality test, performed by the dairy plant operator on a milk sample collected after the effective date of the suspension, showing that the milk producer is no longer violating the relevant milk quality standard.

ATCP 60.27(6)(b) (b) Within 7 days after the department receives a complete reinstatement request that complies with par. (a), the department shall do one of the following:

ATCP 60.27(6)(b)1. 1. If the producer seeks reinstatement of a grade A permit suspended under sub. (4) (a), the department shall inspect the dairy farm and charge a reinspection fee under s. ATCP 60.04. The inspector shall reinstate the grade A permit if the inspector finds that the producer has corrected all the conditions potentially responsible for the violations cited in the suspension notice. The inspector shall notify the dairy plant operator of the reinstatement.

ATCP 60.27(6)(b)2. 2. If the producer seeks reinstatement of a grade A permit suspended under sub. (4) (b), the department shall reinstate the grade A permit. The department shall notify the producer and the dairy plant operator of the reinstatement.

ATCP 60.27(6)(c) (c) If a milk producer does not request reinstatement under par. (a) within 6 months after the producer's grade A permit is suspended under this section, the permit is automatically revoked at the end of the 6 month period. Once revoked, the permit may not be reinstated except upon the filing of a new application under s. ATCP 60.03. Written notice to this effect shall be provided to the producer at the time of revocation. This paragraph does not apply if the suspension of the producer's grade A permit has been contested, and the contested case proceedings are still pending.

ATCP 60.27 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (3), Register, June, 1992, No. 438, eff. 7-1-92; CR 01-125: am. (1), (4), (6) (a); renum. (6) (b) to be (c), cr. (6) (b), Register December 2002 No. 564, eff. 1-1-03; CR 07-006: am. (1) (b) and (4) (b), cr. (1) (c) and (4) (c), Register January 2008 No. 625, eff. 2-1-08.

ATCP 60.275 ATCP 60.275  Drug residue violations; producer sanctions.

ATCP 60.275(1) (1)  Warning notice.

ATCP 60.275(1)(a) (a) Requirement. Whenever the food safety division receives notice under s. ATCP 60.19 (8) that a producer milk sample has tested positive for a drug residue, the division shall mail a warning notice to that producer. The warning notice takes effect 3 days after it is mailed. The warning notice shall include all of the following:

ATCP 60.275(1)(a)1. 1. A description of the positive drug residue findings which caused the department to issue the notice.

ATCP 60.275(1)(a)2. 2. The warnings specified in pars. (b) and (c).

ATCP 60.275(1)(a)3. 3. Notice of the producer's right to hearing under par. (d).

ATCP 60.275(1)(a)4. 4. Notice that the division or its agent will conduct an investigation under sub. (4).

ATCP 60.275(1)(b) (b) Grade A permit suspension; 21-day notice. The warning notice under par. (a) shall state that, 21 days after the effective date of the warning notice, the food safety division will suspend the producer's grade A dairy farm permit unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.

ATCP 60.275(1)(c) (c) Dairy farm license suspension; 45-day notice. The warning notice under par. (a) shall state that, 45 days after the effective date of the warning notice, the food safety division will initiate action to suspend the producer's dairy farm license unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.

ATCP 60.275 Note Note: The drug residue prevention program under this section should conform to the "Milk and Dairy Beef Quality Assurance Program" published by Agri-Education, Inc. A copy of that manual is on file with the department and the legislative reference bureau and may be obtained from the Milk & Dairy Beef Quality Assurance Center, 801 Shakespeare Avenue, Stratford, Iowa, 50249, telephone [phone], website www.dqacenter.org/catalog.htm.

ATCP 60.275(1)(d) (d) Right to informal hearing. If a producer receiving a warning notice under par. (a) disputes the drug residue findings on which the notice is based, the producer may request an informal hearing to discuss the drug residue findings. A request for hearing does not automatically stay the warning notice. If the producer requests an informal hearing, the food safety division shall hold an informal hearing at the division's nearest regional office or by telephone. The division shall hold the informal hearing within 10 business days after the division receives the request for hearing, unless the producer agrees to a later hearing date. The division may withdraw a warning notice if it appears that the notice was not justified.

ATCP 60.275(2) (2) Grade a permit suspension.

ATCP 60.275(2)(a) (a) Notice suspending permit. If the food safety division does not receive a producer certification within the 21-day period specified under sub. (1) (b), the division shall mail a notice to the producer suspending the producer's grade A permit. The suspension notice shall comply with s. ATCP 60.29. The suspension notice takes effect 3 days after it is mailed. The division shall notify the dairy plant operator of the suspension, and shall provide the operator with a copy of the suspension notice.

ATCP 60.275(2)(b) (b) Permit reinstatement.

ATCP 60.275(2)(b)1. 1. If the department suspends a milk producer's grade A dairy farm permit under par. (a), the producer may ask the food safety division to reinstate the permit. The producer shall file the reinstatement request in writing, on a form provided by the department under s. ATCP 60.29 (4). The request shall certify that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.

ATCP 60.275(2)(b)2. 2. Within 7 days after the department receives a complete reinstatement request under subd. 1., the department shall inspect the producer's dairy farm. The department shall charge a reinspection fee for the inspection, pursuant to s. ATCP 60.04. If, upon inspection, it appears that all conditions potentially responsible for the positive drug residue finding have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.

ATCP 60.275(2)(b)3. 3. If a milk producer does not request reinstatement under subd. 1. within 6 months after the producer's grade A permit is suspended under par. (a), the permit is revoked automatically at the end of the 6 month period. A permit, once revoked, may not be reinstated unless the producer files a new application under s. ATCP 60.03. Written notice to this effect shall be included in the suspension notice under par. (a), and shall also be provided to the producer at the time of revocation. This subdivision does not apply if the producer's grade A permit suspension has been contested and the contested case proceeding is pending.

ATCP 60.275(3) (3) License suspension. License suspension; failure to implement drug residue prevention program. If the food safety division does not receive a producer certification within the 45-day period specified under sub. (1) (c), the division shall file a complaint asking the department to suspend the producer's dairy farm license until the producer implements a drug residue prevention program.

ATCP 60.275(3)(b) (b) License suspension; 3 violations within 12 months. If, within any 12 month period, the food safety division receives 3 notices under s. ATCP 60.19 (8) that milk samples from the same producer have tested positive for drug residues, the division shall file a complaint asking the department to suspend the producer's dairy farm license for at least 30 days.

ATCP 60.275 Note Note: The producer sanctions under this section are in addition to any other sanctions provided under this chapter or ch. 93 or 97, Stats., and do not limit the application of those other sanctions.

ATCP 60.275(4) (4) Investigation. Within 30 days after the department issues a warning notice under sub. (1), the food safety division or its agent shall conduct an investigation to determine the cause of the drug residue violation, and to identify milk producer actions that may be needed to prevent future violations. The food safety division may direct the dairy plant operator who procures milk from the producer to conduct the investigation as the division's agent and report its findings to the division, in writing, within the 30-day time period.

ATCP 60.275 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 01-125: am. (1) (a) (intro.), (b) to (d), (2) (a), (b) 1. and (3), Register December 2002 No. 564, eff. 1-1-03; CR 07-006: cr. (1) (a) 4. and (4), Register January 2008 No. 625, eff. 2-1-08.

ATCP 60.28 ATCP 60.28  Violation of grade A farm standards; suspension of grade A farm permit by food division.

ATCP 60.28(1) (1)  Warning notice. If a food safety division inspector finds a key violation on a grade A dairy farm, the inspector may issue a warning notice to the producer. The warning notice shall state that the department will suspend the producer's grade a permit if the producer does not correct the violation by a deadline date specified in the notice. The inspector shall specify a correction deadline based on the seriousness of the key violation and the time reasonably required to correct the key violation. The correction deadline shall be not less than 3 days nor more than 60 days after the inspector issues the warning notice. The inspector shall serve the warning notice in person or by mail, or shall prominently post the notice in the milkhouse. The inspector shall mail or deliver a copy of the warning notice to the dairy plant operator. The warning notice shall include a notice of the producer's right to hearing under s. ATCP 60.31.

ATCP 60.28(2) (2) Reinspection; suspension notice. Within 7 days after the correction deadline date specified in a warning notice under sub. (1), a food safety division inspector shall reinspect the dairy farm to determine whether the producer has corrected each key violation cited in the warning notice. The department shall charge a reinspection fee for the inspection, pursuant to s. ATCP 60.04. If the inspector finds that the producer has not corrected a key violation cited in the warning notice, the inspector shall issue a written notice suspending the producer's grade A permit. The suspension takes effect when the inspector serves the notice on the producer, according to s. ATCP 60.29 (6). The inspector shall promptly notify the dairy plant operator, and may tag the bulk tank to notify the milk hauler of the suspension. The inspector shall mail or deliver a copy of the suspension notice to the dairy plant operator. A person adversely affected by the suspension notice may request a hearing on the notice as provided under s. ATCP 60.31.

ATCP 60.28(3) (3) Reinstatement of permit.

ATCP 60.28(3)(a) (a) A milk producer whose grade A farm permit is suspended under sub. (2) may file a written request for reinstatement with the department. The reinstatement request shall be made on a form provided by the department under s. ATCP 60.29 (4). Within 7 days after the department receives the reinstatement request, the department shall inspect the producer's dairy farm in response to the reinstatement request. The department shall charge a reinspection fee for the inspection, pursuant to s. ATCP 60.04. If, upon inspection, it appears that all violations cited in the suspension notice have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.

ATCP 60.28(3)(b) (b) If a milk producer does not request reinstatement under par. (a) within 6 months after a producer's grade A permit is suspended under sub. (2), the grade A permit is automatically revoked at the end of the 6 month period. Once revoked, the permit may not be reinstated except upon the filing of a new application under s. ATCP 60.03. Written notice to this effect shall be provided to the producer at the time of revocation. This paragraph does not apply if the suspension of the producer's grade A permit has been contested, and the contested case proceedings are still pending.

ATCP 60.28 Note Note: Subsection (3) does not prohibit the food safety division from summarily suspending a milk producer's license and grade A permit under s. ATCP 60.25 without prior warning if the food division determines that any of the circumstances identified under s. ATCP 60.25 (2) exist.

ATCP 60.28 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 01-125: am. (1) and (2); Register December 2002 No. 564, eff. 1-1-03.

ATCP 60.29 ATCP 60.29  Suspension notice; requirements. Whenever the food safety division suspends a milk producer license under s. ATCP 60.25 (2), or a grade A farm permit under s. ATCP 60.27 or 60.28, the suspension notice shall comply with the following requirements:

ATCP 60.29(1) (1) Issued by authorized person. A suspension notice shall be issued by one of the following:

ATCP 60.29(1)(a) (a) The food safety division administrator.

ATCP 60.29(1)(b) (b) A person that the food safety division administrator designates in writing, by name or position.

ATCP 60.29(1)(c) (c) A food safety division inspector if the suspension notice is issued under s. ATCP 60.28 (2).

ATCP 60.29(2) (2) Reason for suspension. A suspension notice shall specify the reasons for which the suspension notice is issued.

ATCP 60.29(3) (3) Term of suspension; reinstatement requirement. A suspension notice shall indicate the term of the suspension or, if the suspension is for an indefinite term, the conditions that the producer must meet in order to obtain reinstatement of the license or grade A permit. Conditions for reinstatement shall be reasonably related to the reasons for which the license or permit is suspended. A summary license suspension notice under s. ATCP 60.25 (2) , may authorize a dairy plant operator to receive milk from the suspended producer on a conditional basis, pending full reinstatement of the producer's license, provided that the operator performs specified inspections or tests.

ATCP 60.29(4) (4) Reinstatement application form. A notice suspending a grade A permit under s. ATCP 60.27 or 60.28 shall be accompanied by a reinstatement application form which may be used by the affected milk producer to apply for reinstatement of the milk producer's grade A permit. The form shall include a statement, to be signed by the affected milk producer, that all requirements for the reinstatement of the grade A permit have been met to the best of the milk producer's knowledge. If a milk producer requests a hearing on a suspension under s. ATCP 60.31, a request for reinstatement under this subsection does not constitute an admission or waiver by the milk producer with respect to any fact, issue or cause of action.

ATCP 60.29(5) (5) Notice of right to hearing. A suspension notice shall include a notice that the producer may request a hearing on the suspension, as provided under s. ATCP 60.31.

ATCP 60.29(6) (6) Service on milk producer. A suspension notice shall be served on the affected milk producer by one of the following methods:

ATCP 60.29(6)(a) (a) By delivering the notice in person to the milk producer, or to a competent member of the milk producer's family who is 14 years of age or older.

ATCP 60.29(6)(b) (b) By mailing the notice to the milk producer. Service may be proved by an affidavit of mailing, or by a return receipt signed by the milk producer. Absent proof of later delivery, a notice served by mail is considered served 3 days after the date of mailing.

ATCP 60.29(6)(c) (c) For a notice suspending a grade A permit under s. ATCP 60.28, by posting the suspension notice in a prominent location in the producer's milkhouse. A notice posted in the milkhouse under this paragraph is considered served at the time of posting.

ATCP 60.29(7) (7) Copy provided to dairy plant operator. A copy of every suspension notice shall be mailed or delivered to the dairy plant operator who normally receives milk from the milk producer. Failure to mail or deliver a copy to the dairy plant operator does not invalidate a suspension notice.

ATCP 60.29 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 01-125: am. (intro.) and (3), r. and recr (1), Register December 2002 No. 564, eff. 1-1-03.

ATCP 60.30 ATCP 60.30  Holding orders; identification and disposal of adulterated milk.

ATCP 60.30(1) (1)  Holding order. Whenever a food safety division inspector has reasonable cause to believe that milk or a milk product examined by the inspector is adulterated or misbranded, and is hazardous to health or misleading to the potential damage or injury of a purchaser or consumer, the inspector may issue a temporary holding order to allow for further testing or examination of the milk or milk product, pursuant to s. 97.12 (2), Stats. A holding order shall be in writing, and shall identify the milk or milk product that is subject to the holding order. The food safety division may extend or terminate a holding order by written notice, as provided in s. 97.12 (2), Stats. A notice extending a holding order shall be signed by the division administrator, or a person authorized in writing by the division administrator. A holding order and every notice extending a holding order shall include a notice of the recipient's right to hearing under s. ATCP 60.31.

ATCP 60.30(2) (2) Disposal order. If analysis or examination shows that milk or a milk product is adulterated or misbranded, and is hazardous to health or misleading to the potential damage or injury of a purchaser or consumer, the food safety division may issue a summary disposal order under s. 97.12 (2) (c), Stats., requiring the disposal or other disposition of the milk or milk product. A disposal order may be issued by the inspector who examines the milk, or by the food safety division administrator, or by a person whom the administrator designates in writing. Where appropriate, an order may require relabeling of misbranded milk in lieu of disposal. A holding order under sub. (1) is not a prerequisite to a disposal order under this subsection. A disposal order shall be issued in writing, and shall include a notice of the recipient's right to hearing under s. ATCP 60.31.

ATCP 60.30(3) (3) Identification of adulterated milk. If milk is found to be adulterated and hazardous to health, a department inspector may identify the milk for disposal or disposition in compliance with a notice under sub. (2). To identify the adulterated milk, the inspector may tag the milk container, and may add a harmless food grade color to the milk to prevent its sale or use for human food purposes.

ATCP 60.30 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; CR 01-125: am. (1) and (2), Register, December 2002 No. 564, eff. 1-1-03.

ATCP 60.31 ATCP 60.31  Right of hearing.

ATCP 60.31(1) (1)  Hearing request.. A person adversely affected by any of the following food safety division actions may ask the department to hold a hearing on that action:

ATCP 60.31(1)(a) (a) The denial of a milk producer license application under s. ATCP 60.02, or grade A permit application under s. ATCP 60.03.

ATCP 60.31(1)(b) (b) The summary suspension of a milk producer license under s. ATCP 60.25 (2).

ATCP 60.31(1)(c) (c) The issuance of a warning notice under s. ATCP 60.27 (1) or 60.28 (1).

ATCP 60.31(1)(d) (d) The suspension of a grade A permit under s. ATCP 60.27 (4) or 60.28 (2).

ATCP 60.31(1)(e) (e) The denial of a reinstatement application under s. ATCP 60.27 (6) or 60.28 (3).

ATCP 60.31(1)(f) (f) A holding order, disposal order, or other summary action under s. ATCP 60.30.

ATCP 60.31(2) (2) Form and timing of request; effect pending hearings. A person requesting a hearing under sub. (1) shall make that request, in writing, within 10 days after the milk producer receives notice of the division action. A request for hearing does not stay the effect of any action under this chapter. The filing deadline under this subsection is waived if the department fails to give the producer timely written notice of the filing deadline.

ATCP 60.31(3) (3) Informal hearing.

ATCP 60.31(3)(a) (a) Whenever the department receives a hearing request under sub. (2), the department shall conduct a prompt informal hearing on the contested action. The hearing shall be conducted by a department employee or official who was not personally involved in the investigation or decision to take the contested action, and who has authority to withdraw or correct the action as necessary. The food safety division shall conduct the informal hearing unless the contested action was taken by the division administrator. The department shall hold the informal hearing within 10 business days after it receives the hearing request under sub. (2), unless the person requesting the hearing agrees to a later date. The department shall hold the informal hearing by telephone or at the department's regional office.

ATCP 60.31(3)(b) (b) The issue for hearing under par. (a) shall be limited to whether the food safety division had adequate grounds for the contested action. Within 2 business days after the conclusion of the informal hearing, the presiding officer shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person who requested the hearing. The memorandum shall include notice of the person's right to request a full evidentiary hearing under sub. (4).

ATCP 60.31(4) (4) Full evidentiary hearing. If a person adversely affected by a food safety division action files a timely written request for hearing under subs. (1) and (2), and if the matter is not resolved by an informal hearing under sub. (3), the person may request a full evidentiary hearing before the department, pursuant to ch. 227, Stats., and ch. ATCP 1. The person shall make the hearing request within 10 days after the officer presiding at the informal hearing issues the written memorandum under sub. (3) (b) summarizing that informal hearing. A full evidentiary hearing, if any, shall be held before an administrative law judge appointed by the secretary. A request for a full evidentiary hearing does not stay any action under this chapter.

ATCP 60.31 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; r. Register, November, 1994, No. 467, eff. 12-1-94; CR 01-125: am. (1) (intro.) and (2) to (4), Register December 2002 No. 564, eff. 1-1-03; CR 07-006: am. (4), Register January 2008 No. 625, eff. 2-1-08.