Labeling pasteurized and unpasteurized products.
Pasteurization time and temperature.
HTST and HHST pasteurization.
Aseptic processing and packaging.
Subchapter VI — Dairy Plant Records and Reports
Dairy plant records.
Dairy plant reports to department.
Subchapter VII — Inspection and Enforcement
License suspension or revocation.
Grade A dairy plants; compliance monitoring.
Subchapter VIII - Dairy Product Labeling
Dairy product labeling.
Ch. ATCP 80 Note
See also chs. ATCP 60
(Dairy Farms), ATCP 82 (Milk Haulers) and ATCP 100 (Dairy Plant Payments to Milk Producers; Security)
In this chapter:
"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.
"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.
"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)
"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.
"Dairy plant operator" means a person who operates a dairy plant and who is required to be licensed under s. ATCP 80.02 (1)
A milk product or by-product, including all dairy and nondairy ingredients incorporated into that milk product or by-product.
A commodity in which milk or any milk product or by- product is a principal ingredient.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"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.
"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.
"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.
"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.
"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.
"Grade A milk" means milk produced, processed and distributed in compliance with grade A requirements under this chapter and ch. ATCP 60
"Grade B dairy plant" means a dairy plant other than a grade A dairy plant.
"Grade B dairy product" means a dairy product other than a grade A dairy product.
"Grade B milk" means milk other than grade A milk.
"Milk" means the lacteal secretion of milking animals, and includes skim milk and cream.
"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.
"Milk component testing device" means an automated testing device used to perform milk component tests.
"Milk hauler" means any person who collects milk at a dairy farm.
"Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
"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 which may affect the price that a dairy plant operator pays a milk producer for milk.
Other hooved animals whose milk is collected and distributed for human consumption.
"Multi-use package" means a returnable bottle or other package that is designed for repeated use.
"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:
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.
"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.
"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.
"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.
"Potable water" means water that is bacteriologically and chemically safe to drink, and that is free from harmful parasites.
"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.
"Processing" means pasteurizing, manufacturing, blending or packaging dairy products, or cooling processed dairy products.
"Processing plant" means a dairy plant at which dairy products are processed.
"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.
"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.
"Recombined dairy product" means a dairy product created by recombining separated dairy product components.
"Reconstituted dairy product" means a dairy product created by restoring water to dehydrated dairy product ingredients.
"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.
"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
"Shipping container" means a box, carton or similar container in which packaged dairy products are shipped in bulk from a dairy plant.
"Single-service utensil" means a utensil that is designed to be used only once prior to disposal.
"Single-service package" means a package that is designed to be used only once prior to disposal.
"Standard of identity" means a dairy product standard of identity adopted or incorporated by reference under s. 97.09
"Transfer station" means a facility that is designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.
"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
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.
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
See s. 97.20
(2) License exemptions.
A dairy plant license is not required under sub. (1)
for any of the following:
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.
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
A retail food establishment licensed under s. 97.30
, Stats., if the establishment processes dairy products solely for retail sale at the establishment.
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)
A milk transfer station operated at the same location, and by the same person, as a milk receiving station licensed under sub. (1)
(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: