ATCP 80.34(3)(c)
(c) Calibration based on daily performance check. If, on a daily performance check under
par. (a), the mean difference calculated under
par. (b) 2. exceeds plus or minus 0.044% for milkfat or protein, or 0.084% for total solids or solids-not-fat, the testing device shall not be used until it is recalibrated under
sub. (2).
ATCP 80.34(3)(d)
(d) Daily performance check samples. A set of daily performance check samples shall be obtained from a sample provider approved by the department. A set shall consist of at least 5 individual samples, each of which complies with all of the following requirements:
ATCP 80.34(3)(d)2.
2. Each sample shall be a fresh milk sample preserved with bronopol (2-bromo-2-nitro-1,3-propanediol) or another approved preservative. Preservative methods, formulations and concentrations shall be approved by the department.
ATCP 80.34(3)(d)3.
3. Each sample shall have a known percentage content of each relevant milk component, determined by the sample provider under
subs. (5) to
(8).
ATCP 80.34(4)(a)(a) Requirement. If an automated testing device is used to test for milkfat, protein, total solids or solids-not-fat in milk, and if the test results may affect the price paid to a milk producer, that device shall be subjected to a daily reference check under
par. (b) and hourly reference checks under
par. (c).
ATCP 80.34(4)(b)1.1. A daily reference check shall be conducted before each day's testing, at the same time that the dairy plant operator conducts the daily performance check under
sub. (3). The daily reference check shall be conducted, for each relevant milk component, by a tester who is licensed under s.
97.17 or
98.145, Stats., to operate the testing device.
ATCP 80.34(4)(b)2.
2. To perform a daily reference check, a tester shall perform 10 tests on a reference sample. The reference sample may be a homogenized milk sample prepared by the dairy plant operator, or it may be a daily performance check sample obtained from a sample provider approved by the department under
sub. (3) (d). The 10 test results shall be averaged, and the average result shall be used as a comparison value for the hourly reference checks under
par. (c).
ATCP 80.34(4)(c)1.1. An hourly reference check shall be conducted, for each milk component, before each hour's testing for that component. To conduct an hourly reference check, a tester shall test the same reference sample used for the daily reference check under
par. (b).
ATCP 80.34(4)(c)2.
2. For each relevant milk component, the hourly reference check result shall be compared to the average result obtained on the daily reference check under
par. (b). If an hourly reference check result differs from the average result on the daily reference check by more than 0.034% for milkfat or protein, or 0.064% for total solids or solids-not-fat, the testing device shall not be used until the condition causing the difference is found and corrected. Test results obtained before the device is corrected, and subsequent to the last previous conforming reference check, shall not be used in determining the amount paid to milk producers.
ATCP 80.34(5)
(5) Calibration and daily performance check samples; milkfat contents. ATCP 80.34(5)(a)(a) The provider of a calibration sample under
sub. (2) or a daily performance check sample under
sub. (3) shall determine the known percentage content of milkfat in that sample by averaging the results of 3 milkfat tests using a method specified under
par. (d). The results from those 3 milkfat tests shall not vary by more than 0.034%.
ATCP 80.34(5)(b)
(b) The known milkfat content of a calibration sample, expressed as a percentage of the sample weight, shall be at least 2.5%. Within a set of calibration samples, the difference in known milkfat content between the lowest milkfat sample and the highest milkfat sample, expressed as a percentage of average sample weight, shall be at least 2.5%.
ATCP 80.34(5)(c)
(c) The known milkfat content of a daily performance check sample, expressed as a percentage of the sample weight, shall be at least 2.8%. Within a set of daily performance check samples, the difference in known milkfat content between the lowest milkfat sample and the highest milkfat sample, expressed as a percentage of average sample weight, shall be at least 1.5%.
ATCP 80.34(5)(d)
(d) To determine the milkfat content of a calibration sample or daily performance check sample, the sample provider shall use either a manual or robotic version of the Modified Majonnier method as described in the "Official Methods of Analysis of AOAC International," 18th edition (2005), section 989.05.
ATCP 80.34 Note
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, website
http://www.aoac.org.
ATCP 80.34(6)
(6) Calibration and daily performance check samples; protein contents. ATCP 80.34(6)(a)(a) The provider of a calibration sample under
sub. (2) or a daily performance check sample under
sub. (3) shall determine the known percentage content of protein in that sample by averaging the results of 3 protein tests using the method specified under
par. (c). The results from those 3 protein tests shall not vary by more than 0.034%.
ATCP 80.34(6)(b)
(b) The known protein content of a calibration or daily performance check sample, expressed as a percentage of sample weight, shall be at least 2.7%. Within a set of calibration samples, the difference in known protein content between the lowest protein sample and the highest protein sample, expressed as a percentage of average sample weight, shall be at least 0.7%. Within a set of daily performance check samples, the difference in known protein content between the lowest protein sample and the highest protein sample, expressed as a percentage of average sample weight, shall be at least 0.5%.
ATCP 80.34(6)(c)
(c) To determine the protein content of a calibration sample or daily performance check sample, the sample provider shall use the traditional or block digester/steam distillation Kjeldahl method as described in the "Official Methods of Analysis of AOAC International," 18th edition (2005), section 991.20.
ATCP 80.34 Note
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, website
http://www.aoac.org.
ATCP 80.34(7)
(7) Calibration and daily performance check samples; total solids. ATCP 80.34(7)(a)(a) The provider of a calibration sample under
sub. (2) or a daily performance check sample under
sub. (3) shall determine the known percentage content of total solids in that sample by averaging the results of 3 total solids tests using the method specified under
par. (c). The results from those 3 total solids tests shall not vary by more than 0.054%.
ATCP 80.34(7)(b)
(b) The known total solids content of a calibration or daily performance check sample, expressed as a percentage of sample weight, shall be at least 11%. Within a set of calibration samples, the difference in known total solids content between the lowest total solids sample and the highest total solids sample, expressed as a percentage of average sample weight, shall be at least 2.00%. Within a set of daily performance check samples, the difference in known total solids content between the lowest total solids sample and the highest total solids sample, expressed as a percentage of average sample weight, shall be at least 1.5%.
ATCP 80.34(7)(c)
(c) To determine the total solids content of a calibration sample or daily performance check sample, the sample provider shall use the direct forced air oven drying method as described in the "Official Methods of Analysis of AOAC International," 18th edition (2005), section 990.20.
ATCP 80.34 Note
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, website
http://www.aoac.org.
ATCP 80.34(8)
(8) Calibration and daily performance check samples; solids-not-fat. The provider of a calibration sample under
sub. (2) or a daily performance check sample under
sub. (3) shall calculate the known percentage content of solids-not-fat in that sample by subtracting the percent fat as determined under
sub. (5) from the total solids for that sample as determined under
sub. (7). The calculation method shall be that described in the"Official Methods of Analysis of AOAC International," 18th edition (2005), section 990.21.
ATCP 80.34 Note
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, website
http://www.aoac.org.
ATCP 80.34(9)
(9) Testing devices; constant voltage. A constant voltage regulator shall be connected to, or form a part of, every milk component testing device that is in line with a single phase 115 or 220 volt power supply.
ATCP 80.34(10)
(10) Records related to calibrations, daily performance checks and reference checks. ATCP 80.34(10)(a)(a) A dairy plant operator shall keep a record of every calibration, performance check or reference check conducted on a milk component testing device under this section.
ATCP 80.34(10)(b)
(b) Every record required under
par. (a) shall be signed by the licensed tester who made the record. Calibration records shall be kept separate from performance check and reference check records.
ATCP 80.34(11)
(11) Accuracy of devices; department audit. The department may audit the accuracy of milk component testing devices using test samples prepared by the department under
subs. (5) to
(8).
ATCP 80.34 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: am. (2) (c) 3., (5) (d), (6) (c), (7) (c) and (8)
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (2) (c) 3., (4) (b) 2., (5) (d), (6) (c), (7) (c) and (8), r. and recr. (2) (d) and (3) (d),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 80.36
ATCP 80.36
Milk quality test records and reports. ATCP 80.36(1)(a)(a) A person performing a milk quality test shall immediately record the test result and sign the test record. The test record shall specify the date of the test, the identification number of the milk producer, and the milk shipment from which the milk sample was collected.
ATCP 80.36(1)(b)
(b) No test record may be altered except that errors, if any, may be corrected by striking through the original entry and inserting the correct entry immediately adjacent to the original. A corrected entry shall be initialed by the person who made the corrected entry.
ATCP 80.36(1)(c)
(c) The department may authorize a dairy plant to keep test records in electronic form if the department finds that all of the following requirements are met:
ATCP 80.36(1)(c)2.
2. The records can be readily retrieved for inspection by the dairy plant operator and the department.
ATCP 80.36(1)(c)3.
3. The person who performs the test identifies himself or herself on the test record, by an electronic method that is equivalent to a personal signature.
ATCP 80.36(1)(c)4.
4. If an erroneous test record is corrected, the correction is identified so that the reader can easily compare the corrected record to the original record.
ATCP 80.36(2)
(2) Required tests; reports. A dairy plant operator shall report the results of milk quality tests required under subch.
IV of ch. ATCP 60, as required under that subchapter.
ATCP 80.36(3)
(3) Records retained by dairy plant operator. A dairy plant operator shall retain records required under this section for the time period specified under
s. ATCP 80.54 (1), and shall make the records available for inspection and copying by the department upon request.
ATCP 80.36 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: am. (3)
Register December 2002 No. 564, eff. 1-1-03.
ATCP 80.38
ATCP 80.38
False samples, test results or reports. No person may do any of the following, or conspire with another person to do any of the following:
ATCP 80.38(2)
(2) Submit a false milk sample to the department, a dairy plant operator or a testing laboratory.
ATCP 80.38(4)
(4) Make any false or misleading record or report related to a milk quality test.
ATCP 80.38 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94.
ATCP 80.40
ATCP 80.40
Definitions. As used in this subchapter:
ATCP 80.40(1)
(1) "HHST" means "higher heat shorter time" pasteurization of milk, milk products or dairy products according to
s. ATCP 80.44 (2m).
ATCP 80.40(2)
(2) "HTST" means "high temperature short time" pasteurization of milk, milk products or dairy products according to
s. ATCP 80.44 (2).
ATCP 80.40 History
History: CR 01-124: cr.
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: am. (1) and (2),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 80.41(1)
(1) Except as provided under
sub. (2), every dairy product shall be pasteurized at the dairy plant where that dairy product is manufactured.
ATCP 80.41(2)(a)
(a) A dairy product shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the shipment is accompanied by a bill of lading that identifies the dairy product as unpasteurized.
ATCP 80.41(2)(b)
(b) A dairy product made entirely from dairy products that have been pasteurized at the same dairy plant.
ATCP 80.41(2)(c)
(c) Ice cream or frozen dessert made from pasteurized ice cream mix or pasteurized frozen dessert mix, provided that no unpasteurized dairy product is added to the pasteurized mix.
ATCP 80.41(2)(d)
(d) A dairy product whose standard of identity provides that the dairy product and its ingredients need not be pasteurized.
ATCP 80.41(2)(e)
(e) A dairy product that is sterilized and packaged in a hermetically sealed package.
ATCP 80.41(2)(f)
(f) Heat-treated cream, skim milk or lowfat milk shipped in bulk to another dairy plant for use in manufacturing dairy products, provided that the bulk shipment is accompanied by a bill of lading that identifies the contents of the bulk shipment as being unpasteurized and heat-treated. The heat-treated cream, skim milk or lowfat milk may be heated not more than once for separation purposes, to a temperature that is not less than 125° F. (52° C.) nor more than 161° F. (72° C.). Heat-treated cream may be heated further, up to a temperature of 166° F. (75° C.) in a continuing heating process, if further heating is necessary to deactivate enzymes for functional reasons. Heat-treated cream, skim milk and lowfat milk, after being heated, shall immediately be cooled to a temperature of 45º F. (7º C.) or less.
ATCP 80.41(2)(g)
(g) Dried condensed whey produced by drying condensed whey pasteurized at another dairy plant, provided that all of the following apply:
ATCP 80.41(2)(g)1.
1. The pasteurized condensed whey received for drying contained at least 40% total solids, and was partially crystallized by cooling at the dairy plant where it was pasteurized.
ATCP 80.41(2)(g)2.
2. The partially crystallized condensed whey was kept at a temperature of 45° F. (7° C.) or less prior to drying.
ATCP 80.41(2)(g)3.
3. The bulk milk tanker used to transport the partially crystallized condensed whey was washed and sanitized immediately prior to filling, was sealed immediately after filling, and remained sealed until it was unloaded at the receiving dairy plant.
ATCP 80.41(2)(g)4.
4. The receiving dairy plant unloaded the partially crystallized condensed whey using unloading pumps and pipelines that are used only for that purpose, and cleaned and sanitized the pumps and pipelines as a separate cleaning circuit.
ATCP 80.41(2)(h)
(h) Grade B dairy products produced by adding previously pasteurized dry dairy products with a low water activity to previously pasteurized grade B dairy products, if approved by the department.
ATCP 80.41(2)(i)
(i) Grade B dairy products produced by adding previously pasteurized packaged dairy products to previously pasteurized grade B dairy products, if approved by the department.
ATCP 80.41(3)
(3) A dairy product that is required to be pasteurized under
sub. (1) shall be pasteurized by, or under the direct supervision of, a pasteurizer operator who has successfully completed at least one of the following:
ATCP 80.41(3)(a)
(a) A pasteurization training course of at least 8 hours duration provided by the university of Wisconsin, or an equivalent course approved by the department.
ATCP 80.41(4)
(4) If a dairy product standard of identity requires that any ingredient of that product be pasteurized, the ingredient shall be pasteurized according to
s. ATCP 80.44.
ATCP 80.41(5)
(5) Except as provided in
subs. (6) to
(8), a dairy product that is required to be pasteurized under
sub. (1) or
(4) shall be pasteurized before it is introduced into any membrane or condensing processing system.
ATCP 80.41(6)
(6) Subsection (5) does not apply to grade B whey or whey product if at least one of the following applies:
ATCP 80.41(6)(a)
(a) The whey or whey product is derived from milk pasteurized in the same dairy plant.
ATCP 80.41(6)(b)
(b) The whey is acid whey, which has a pH less than 4.7 when drawn from the curd.
ATCP 80.41(6)(c)
(c) The whey or whey product is processed in a membrane processing system that complies with
sub. (9) and is designed and maintained to keep the whey or whey product at a temperature of 65° F. (18.3° C.) or below during processing. If the whey or whey product temperature exceeds 65° F. (18.3° C.) for more than 15 minutes during processing, or exceeds 70° F. (21.1° C.) at any time during processing, the whey or whey product shall be immediately diverted from moving beyond the membrane processing system by means of automatic controls. The diverted product shall be treated in one of the following ways:
ATCP 80.41(6)(c)1.
1. Recycled through the membrane processing system and subjected to cooling. The diverted product may proceed beyond the membrane processing system when the product temperature falls to 65º F. (18.3 ° C.) or below.
ATCP 80.41(6)(c)2.
2. Cooled in a system other than the membrane processing system until the temperature falls to 45° F. (7° C.) or below, and may then be reintroduced into the membrane processing system.
ATCP 80.41(6)(c)3.
3. Pasteurized in a pasteurization system, and may then be reintroduced into the membrane processing system.
