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.
ATCP 80.41(7)
(7) Subsection (5) does not apply to grade A whey or whey product that is pasteurized in a membrane processing system that complies with
sub. (9) if at least one of the following apply:
ATCP 80.41(7)(a)
(a) The whey is acid whey, which has a pH less than 4.7 when drawn from the curd.
ATCP 80.41(7)(b)
(b) The membrane processing system is designed and maintained to keep the whey or whey product at a temperature of 45° F. (7° C.) or below during processing.
ATCP 80.41(8)
(8) Subsection (5) does not apply to raw milk that is processed, prior to pasteurization, in a membrane processing system that complies with
sub. (9) and is designed and maintained to keep the milk at a temperature of 65° F. (18.3° C.) or below during processing. If the milk 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 milk shall be immediately diverted from moving beyond the membrane processing system by means of automatic controls. The diverted milk shall be treated in one of the following ways:
ATCP 80.41(8)(a)
(a) 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 65° F. (18.3° C.) or below.
ATCP 80.41(8)(b)
(b) 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(8)(c)
(c) Pasteurized in a pasteurization system, and may then be reintroduced into the membrane processing system.
ATCP 80.41(9)
(9) A membrane processing system under
sub. (6) (c),
(7) or
(8) shall be equipped with temperature monitoring and recording devices that comply with PMO Appendix H, Subsection IV. At a minimum, the system shall monitor and record product temperature at each of the following points during processing:
ATCP 80.41 Note
Note: PMO Appendix H, Subsection IV is on file with the department and the legislative reference bureau. Copies may be obtained from the department at cost or online at
http://www.cfsan.fda.gov.
ATCP 80.41 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: renum. from ATCP 80.40 and am. (2) (a)
Register December 2002 No. 564, eff. 1-1-03;
CR 07-006: cr. (2) (g) to (i) and (4) to (9), am. (3) (intro.),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 80.42
ATCP 80.42
Labeling pasteurized and unpasteurized products. ATCP 80.42(1)(1) If a dairy product is pasteurized or made exclusively from pasteurized ingredients, the label on every shipping container of that dairy product shall clearly and conspicuously state that the product is pasteurized. If a grade A dairy product is pasteurized or made exclusively from pasteurized ingredients, the label on every shipping container and consumer package of that grade A dairy product shall clearly and conspicuously state that the grade A dairy product is "pasteurized" or "ultrapasteurized." Every label under this subsection shall also include the name and address, or the unique identification number, of the dairy plant where the dairy product was pasteurized.
ATCP 80.42(2)
(2) Except as provided under
sub. (3) or
(4), if a dairy product is not pasteurized or made exclusively from pasteurized ingredients, the label on every shipping container and consumer package of that dairy product shall state that the product is unpasteurized.
ATCP 80.42(3)
(3) Subsection (2) does not apply to cheese that meets all of the following requirements:
ATCP 80.42(3)(a)
(a) The standard of identity for the cheese provides that the cheese may be made from unpasteurized dairy products.
ATCP 80.42(3)(b)
(b) The cheese is held for at least 61 days before being distributed for retail sale, or for further processing without pasteurization.
ATCP 80.42(3)(c)
(c) The label on every shipping container and consumer package of cheese states that the cheese is "aged over 60 days."
ATCP 80.42(4)
(4) Subsection (2) does not apply to a dairy product that is sterilized and sealed in a hermetically sealed container.
ATCP 80.42 Note
Note: See dairy product labeling requirements in subch. VIII.
ATCP 80.42 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94.
ATCP 80.44
ATCP 80.44
Pasteurization time and temperature. ATCP 80.44(1)(1) If a dairy product is required to be pasteurized under
s. ATCP 80.41, the dairy product shall be pasteurized according to this section unless the department authorizes a different but equally effective pasteurization method in writing. Every particle of the dairy product shall be heated to the required temperature and continuously held at or above the required temperature for the required period of time. Pasteurization equipment shall be equipped with accurate measuring, recording and control devices, as required by
ss. ATCP 80.46 and
80.48, to ensure that the time and temperature requirements under this section are met.
ATCP 80.44(2)
(2) Dairy products identified in table 2, unless ultrapasteurized under
sub. (3), shall be pasteurized in a batch pasteurizer or HTST pasteurizer at or above the temperature specified in the table for at least the length of time specified in the table.
-
See PDF for table 
ATCP 80.44(2m)
(2m) A dairy plant operator may use an HHST pasteurizer as an alternative to an HTST pasteurizer. An HHST pasteurizer shall operate at temperatures of 191° F. (89° C.) and above with holding times of 1 second or less, and shall have a flow diversion device downstream from the cooler and regenerator. An HHST pasteurizer shall heat and hold a dairy product at one of the following temperatures for the corresponding length of time:
ATCP 80.44(3)
(3) An ultrapasteurized dairy product shall be thermally processed at or above a temperature of 280º F. (138º C.) for at least 2 seconds in order to destroy microbes in the dairy product.
ATCP 80.44 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-124: am. (1) and (2) Table, cr. (2m)
Register December 2002 No. 564, eff. 1-1-03;
CR 06-028: am. (2) Table 2
Register November 2006 No. 611, eff. 12-1-06;
CR 07-006: am. (2) Table 2 and (2m) (intro.), r. (4) and (5),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 80.46
ATCP 80.46
Batch pasteurization. Batch pasteurization equipment shall be of the non-coil type. Batch pasteurization equipment shall be constructed and operated so that pasteurization complies with item 16p (A) of the PMO and with applicable "3-A Sanitary Standards" and "3-A Accepted Practices" listed in Appendix A to this chapter. Thermometers shall be constructed and operated in compliance with PMO Appendix H, item IV. The temperature of the air space above the pasteurized product shall be at least 5° F. (3° C.). higher than the minimum pasteurization temperature of the pasteurized product.
ATCP 80.46 Note
Note: The "3-A Sanitary Standards" and "3-A Accepted Practices" listed in Appendix A are published by 3-A Sanitary Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA 22101-3850, telephone (703) 790-0295, website
www.3-a.org. Copies are on file with the department and the legislative reference bureau. Copies may be purchased from the "3-A Sanitary Standards, Inc. Online Store" at
http://www.techstreet.com. Copies of the PMO are on file with the department and the legislative reference bureau. Copies may be obtained from the department at cost or are available online at
http://www.cfsan.fda.gov.
ATCP 80.48
ATCP 80.48
HTST and HHST pasteurization. Pasteurization by means of HTST or HHST pasteurization shall comply with the standards set forth in "3-A Accepted Practices for the Sanitary Construction, Installation, Testing and Operation of High-Temperature Short-Time and Higher Heat Shorter Time Pasteurizer Systems," standard 3A 603-07 (November, 2005), published by 3-A Sanitary Standards, Inc.
