ATCP 80.41 Pasteurization required.
ATCP 80.42 Labeling pasteurized and unpasteurized products.
ATCP 80.44 Pasteurization time and temperature.
ATCP 80.46 Batch pasteurization.
ATCP 80.48 HTST and HHST pasteurization.
ATCP 80.49 Aseptic processing and packaging.
ATCP 80.50 Pasteurization records.
ATCP 80.52 Pasteurizer testing.
Subchapter VI — Dairy Plant Records and Reports
ATCP 80.54 Dairy plant records.
ATCP 80.56 Dairy plant reports to department.
ATCP 80.58 Confidential information.
Subchapter VII — Inspection and Enforcement
ATCP 80.60 License suspension or revocation.
ATCP 80.62 Grade A dairy plants; compliance monitoring.
Subchapter VIII - Dairy Product Labeling
ATCP 80.70 Dairy product labeling.
Ch. ATCP 80 Note
Note: See also chs.
ATCP 60 (Dairy Farms), ATCP 82 (Milk Haulers) and ATCP 100 (Dairy Plant Payments to Milk Producers; Security)
ATCP 80.01
ATCP 80.01
Definitions. In this chapter:
ATCP 80.01(1g)
(1g) "Bulk transport container" means a vehicle or container that a milk producer uses to ship bulk milk from a dairy farm to a dairy plant.
ATCP 80.01(3)
(3) "C-I-P system" means equipment that is designed, constructed and installed to be cleaned in place by the internal circulation of cleaning and sanitizing solutions onto product contact surfaces.
ATCP 80.01(4)
(4) "Composite sample" means a sample of milk which is collected from 2 or more milk shipments from the same milk producer, and which is compiled and preserved according to
s. ATCP 80.30 (4).
ATCP 80.01(5)
(5) "Dairy plant" means any place where a dairy product is manufactured or processed for sale or distribution as human food, and includes a receiving station or transfer station.
ATCP 80.01(6)
(6) "Dairy plant operator" means a person who operates a dairy plant and who is required to be licensed under
s. ATCP 80.02 (1).
ATCP 80.01(7)(b)
(b) A milk product or by-product, including all dairy and nondairy ingredients incorporated into that milk product or by-product.
ATCP 80.01(7)(c)
(c) A commodity in which milk or any milk product or by- product is a principal ingredient.
ATCP 80.01(8)
(8) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 80.01(9)
(9) "Equipment" means an implement, vessel, pipeline, machine or apparatus, other than a utensil, that has one or more product contact surfaces and is used in moving, handling, storing or processing dairy products at a dairy plant. "Equipment" includes C-I-P systems.
ATCP 80.01(10)
(10) "Fluid milk product" means cream, sour cream, acidified sour cream, half-and-half, sour half-and-half, whipped cream, concentrated milk, concentrated milk products, reduced fat milk, low fat milk, nonfat milk, flavored milk, buttermilk, cultured buttermilk, cultured milk, yogurt, low fat yogurt, nonfat yogurt, eggnog, holiday nog, nog-flavored milk, vitamin and mineral fortified milk or milk products, and any other fluid milk product made by adding any substance to milk or any of these products.
ATCP 80.01(11)
(11) "Frozen dessert" means ice cream, French ice cream, artificially sweetened ice cream, frozen custard, frozen yogurt, frozen concentrates, ice milk, sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured frozen dessert mix and frozen whipped cream confections. "Frozen dessert" includes frozen dessert mix.
ATCP 80.01(12)
(12) "Frozen dessert mix" means a mixture of frozen dessert ingredients that has not yet been processed and frozen to create a frozen dessert. "Frozen dessert mix" includes a mix of previously pasteurized dry dairy ingredients that is combined with potable water to create a liquid mix.
ATCP 80.01(14)
(14) "Grade A dairy product" means a fluid milk product that is produced from grade A milk and processed and distributed in compliance with grade A standards under this chapter.
ATCP 80.01(15)
(15) "Grade A milk" means milk produced, processed and distributed in compliance with grade A requirements under this chapter and
ch. ATCP 60.
ATCP 80.01(16)
(16) "Grade B dairy plant" means a dairy plant other than a grade A dairy plant.
ATCP 80.01(17)
(17) "Grade B dairy product" means a dairy product other than a grade A dairy product.
ATCP 80.01(18)
(18) "Grade B milk" means milk other than grade A milk.
ATCP 80.01(19)
(19) "Milk" means the lacteal secretion of milking animals, and includes skim milk and cream.
ATCP 80.01(20)
(20) "Milk component test" means a test that determines the amount of milkfat, protein, total solids, solids-not-fat or other components in milk, and that may affect the price which a dairy plant operator pays a milk producer for milk.
ATCP 80.01(21)
(21) "Milk component testing device" means an automated testing device used to perform milk component tests.
ATCP 80.01(21m)
(21m) "Milk hauler" means any person who collects milk at a dairy farm.
ATCP 80.01(22)
(22) "Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
ATCP 80.01(23)
(23) "Milk quality test" means a bacteria count, somatic cell count, drug residue test, milk component test, or other analytical test which is used to determine compliance with milk quality standards under
s. ATCP 60.15 or
80.24, or which may affect the price that a dairy plant operator pays a milk producer for milk.
ATCP 80.01(23m)(b)
(b) Other hooved animals whose milk is collected and distributed for human consumption.
ATCP 80.01(24)
(24) "Multi-use package" means a returnable bottle or other package that is designed for repeated use.
ATCP 80.01(25)
(25) "Package" means a container or wrapping, having one or more product contact surfaces, that is designed or used to enclose a dairy product sold or shipped from a dairy plant. "Package" includes package covers and other package components. "Package" includes all of the following:
ATCP 80.01(25)(c)
(c) A bulk or shipping container, other than a bulk milk tanker, that has one or more product contact surfaces and is used for the sale or shipment of a dairy product from a dairy plant.
ATCP 80.01(26)
(26) "Pasteurize" means to thermally process every particle of a dairy product in properly designed and operated equipment according to subch.
V, in order to destroy pathogenic microbes in that dairy product. "Pasteurize" includes batch pasteurization, high-temperature short-time (HTST) pasteurization, ultrapasteurization, and other equally effective pasteurization processes that are approved by the department in writing.
ATCP 80.01(27)
(27) "Person" means an individual, corporation, partnership, cooperative, association, or any other business organization or entity. "Person" includes the state of Wisconsin, and any subunit or agency of the state, to the extent that the state or its subunit or agency is engaged in operating a dairy plant.
ATCP 80.01(27m)
(27m) "PMO" means the grade A pasteurized milk ordinance, 2005 revision, published by the United States department of health and human services, public health service, food and drug administration.
ATCP 80.01(28)
(28) "Potable water" means water that is bacteriologically and chemically safe to drink, and that is free from harmful parasites.
ATCP 80.01(29)
(29) "Potentially hazardous food" means any food that consists wholly or in part of milk, milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, and that is capable of supporting rapid and progressive growth of pathogenic or toxigenic microorganisms. "Potentially hazardous food" does not include foods having a Ph level of 4.6 or below, foods having a water activity value of 0.85 or less under standard conditions, or foods that are processed to prevent spoilage and packaged in hermetically sealed containers.
ATCP 80.01(30)
(30) "Processing" means pasteurizing, manufacturing, blending or packaging dairy products, or cooling processed dairy products.
ATCP 80.01(31)
(31) "Processing plant" means a dairy plant at which dairy products are processed.
ATCP 80.01(32)
(32) "Product contact surface" means a surface of equipment, or a surface of a utensil or package, with which a dairy product normally comes in direct contact, or from which materials may drain, drip or be drawn into a dairy product.
ATCP 80.01(33)
(33) "Receiving station" means a facility which is designed for the receipt and bulk storage of milk, and which is used to receive or store milk in bulk. "Receiving station" does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.
ATCP 80.01(33g)
(33g) "Recombined dairy product" means a dairy product created by recombining separated dairy product components.
ATCP 80.01(33j)
(33j) "Reconstituted dairy product" means a dairy product created by restoring water to dehydrated dairy product ingredients.
ATCP 80.01(34)
(34) "Safe temperatures" as applied to potentially hazardous refrigerated foods means temperatures of 45° F. (7° C.) or below. As applied to potentially hazardous heated foods, "safe temperatures" means temperatures of 140° F. (60° C.) or above. As applied to frozen foods, "safe temperatures" means temperatures of 0° F. (-17° C.) or below.
ATCP 80.01(35)
(35) "Sanitize" means to destroy pathogens and other microorganisms by applying, to a clean product contact surface, a sanitizing procedure that complies with
s. ATCP 80.18.
ATCP 80.01(36)
(36) "Shipping container" means a box, carton or similar container in which packaged dairy products are shipped in bulk from a dairy plant.
ATCP 80.01(37)
(37) "Single-service utensil" means a utensil that is designed to be used only once prior to disposal.
ATCP 80.01(38)
(38) "Single-service package" means a package that is designed to be used only once prior to disposal.
ATCP 80.01(39)
(39) "Standard of identity" means a dairy product standard of identity adopted or incorporated by reference under s.
97.09, Stats.
ATCP 80.01(40)
(40) "Transfer station" means a facility that is designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.
ATCP 80.01(42)
(42) "Utensil" means a hand-held or similarly portable container or device, such as a knife, spatula, strainer or scoop, that has one or more dairy product contact surfaces and is used in processing or handling milk or dairy products at a dairy plant.
ATCP 80.01 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: cr. (1g), am. (10), (11) and (34)
Register December 2002 No. 564, eff. 1-1-03;
CR 04-005: r. (2)
Register October 2004 No. 586, eff. 11-1-04;
CR 07-006: am. (19) and (26), cr. (21m), (23m), (27m), (33g) and (33j),
Register January 2008 No. 625. eff. 2-1-08.
ATCP 80.02(1)(1)
License required. Except as provided under
sub. (2), no person may operate a dairy plant without a valid license issued by the department for that dairy plant. A dairy plant license expires on April 30 annually and is not transferable between persons or locations.
ATCP 80.02 Note
Note: See s.
97.20, Stats.
ATCP 80.02(2)
(2) License exemptions. A dairy plant license is not required under
sub. (1) for any of the following:
ATCP 80.02(2)(a)
(a) A farm manufacturing or processing dairy products solely for consumption by the owner or operator of the farm, members of the farm household, or nonpaying farm guests or employees.
ATCP 80.02(2)(b)
(b) The retail preparation or processing of meals for sale directly to consumers or through vending machines, if the preparation and processing is covered under a restaurant permit or other permit issued under s.
254.64, Stats.
ATCP 80.02(2)(c)
(c) A retail food establishment licensed under s.
97.30, Stats., if the establishment processes dairy products solely for retail sale at the establishment.
ATCP 80.02(2)(d)
(d) A milk receiving station or transfer station operated at the same location, and by the same person, as a processing plant licensed under
sub. (1).
ATCP 80.02(2)(e)
(e) A milk transfer station operated at the same location, and by the same person, as a milk receiving station licensed under
sub. (1).
ATCP 80.02(3)
(3) License application. An application for a dairy plant license shall be made on a form provided by the department and shall be accompanied by each applicable fee required under
s. ATCP 80.04. The application shall include the following information, and any other information reasonably required by the department for licensing purposes:
