ATCP 82.16 False samples or records.
Ch. ATCP 82 Note
Note: See also ch.
ATCP 60 (Dairy Farms) and ch.
ATCP 80 (Dairy Plants)
ATCP 82.01
ATCP 82.01
Definitions. In this chapter:
ATCP 82.01(1)
(1) "Bulk milk tanker" means a mobile bulk container used to transport milk, fluid milk products, whey or whey cream in bulk from a dairy farm, or to or from a dairy plant in this state. "Bulk milk tanker" includes a mobile bulk container which is permanently mounted on a motor vehicle or which is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the mobile bulk container. "Bulk milk tanker" does not include a mobile bulk container which is used by a milk producer solely to transport that producer's own milk.
ATCP 82.01(1m)
(1m) "Bulk milk tanker cleaning facility" means a facility where a bulk milk tanker or its appurtenances are cleaned and sanitized.
ATCP 82.01(2)
(2) "Bulk tank" means a permanent or semi-permanent tank or container used to receive, cool or store bulk quantities of milk on a dairy farm. "Bulk tank" does not include milk cans.
ATCP 82.01(3)
(3) "Dairy farm" means any place where one or more milking animals are kept for the production of milk.
ATCP 82.01(4)
(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.
ATCP 82.01(5)
(5) "Milk" means the lacteal secretion of milking animals and includes skim milk and cream.
ATCP 82.01(6)
(6) "Milk hauler" means any person who collects milk at a dairy farm.
ATCP 82.01(7)
(7) "Milk producer" means any person who owns or operates a dairy farm, and sells or distributes milk produced on that farm.
ATCP 82.01(7m)(b)
(b) Other hooved animals whose milk is collected and distributed for human consumption.
ATCP 82.01(8)
(8) "Processing plant" means a dairy plant engaged in pasteurizing, processing or manufacturing milk or dairy products.
ATCP 82.01(9)
(9) "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 82.01(10)
(10) "Transfer station" means a facility designed and used solely to transfer milk from one bulk milk tanker to another without intervening storage.
ATCP 82.01 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 07-006: cr. (1m) and (7m), am. (3) and (5),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 82.02
ATCP 82.02
Bulk milk tanker; license; grade A permit. ATCP 82.02(1)(a)(a) Except as provided under
par. (b), no person may operate a bulk milk tanker in this state without a valid license issued by the department for that bulk milk tanker. A license expires on April 30 annually and is not transferable between persons or bulk milk tankers.
ATCP 82.02 Note
Note: See s.
97.21, Stats.
ATCP 82.02(1)(b)
(b) Paragraph (a) does not apply to a person who drives a bulk milk tanker vehicle solely as an employee of a person who holds a license under
par. (a) for that bulk milk tanker.
ATCP 82.02(2)
(2) License application. An application for a license under
sub. (1) shall be made on a form provided by the department. The application shall include all of the following:
ATCP 82.02(2)(b)
(b) A description of the bulk milk tanker including make, serial number and capacity.
ATCP 82.02(2)(c)
(c) The city, village or town, and state in which the bulk milk tanker is customarily kept.
ATCP 82.02(2)(d)
(d) Any other information which the department reasonably requires for identification and licensing of the bulk milk tanker.
ATCP 82.02(3)(a)(a) The department shall grant or deny a license application under
sub. (2) within 40 days after the department receives a complete application.
ATCP 82.02(3)(b)
(b) The department shall not issue or renew a license until the applicant has paid all applicable fees and surcharges, set forth in a statement from the department, that are due and payable by the applicant under this section. The department shall refund a fee paid under protest if, upon review, the department determines that the fee is not due and payable.
ATCP 82.02(4)
(4) License fee. An applicant for a bulk milk tanker license shall pay an annual license fee of $45.
ATCP 82.02(5)(a)(a) If the department reinspects a bulk milk tanker because the department finds a violation of
ch. 97, Stats., or this chapter, the department shall charge the bulk milk tanker operator a reinspection fee. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application to the bulk milk tanker operator, or at any other time after the fee becomes effective.
ATCP 82.02(6)(a)(a) An applicant for a bulk milk tanker license shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting the license application, the applicant operated a bulk milk tanker without a license or grade A permit in violation of
sub. (1) or
(7).
ATCP 82.02(6)(b)
(b) In addition to paying the license fee surcharge under
par. (a), an applicant who violated
sub. (1) or
(7) shall pay all fees, set forth in a statement from the department, that are due and payable for the license year in which the applicant violated
sub. (1) or
(7).
ATCP 82.02(6)(c)
(c) Payment of the license fee surcharge and past fees under
pars. (a) and
(b) does not relieve the applicant of any other civil or criminal liability which results from a violation of
sub. (1) or
(7), but does not constitute evidence of any violation of law.
ATCP 82.02(7)(a)(a) Except as provided under
par. (c), no person may operate a bulk milk tanker to transport milk or milk products for sale or use as grade A milk or grade A fluid milk products unless that person holds a valid grade A permit issued annually for that bulk milk tanker by the department or an equivalent regulatory agency in another state where that bulk milk tanker is normally based. A grade A permit is not transferable between persons or bulk milk tankers. A grade A permit may be issued in the form of an endorsement on a bulk milk tanker license under
sub. (1).
ATCP 82.02(7)(b)
(b) An application for a grade A permit under
par. (a) shall be made on a form provided by the department, and may be included with a license application under
sub. (2). The department shall grant or deny a grade A permit application within 40 days after the department receives a complete application.
ATCP 82.02(7)(c)
(c) Paragraph (a) does not apply to a person who operates a bulk milk tanker solely as an employee of a person who holds a grade A permit under
par. (a) for that bulk milk tanker.
ATCP 82.02(7)(d)
(d) The holder of a grade A permit under
par. (a) shall display all of the following information, in the manner required under
par. (e), on both sides of the bulk milk tanker to which the permit applies:
ATCP 82.02(7)(d)2.
2. Identification of the state that issued the grade A permit. The state identification may be expressed as the full state name, the official two letter postal code abbreviation for the state, or the national uniform code issued for that state by the National Institute of Standards and Technology, U.S. Department of Commerce, Bureau of the Census, and available online at
http://www.itl.nist.gov/fipspubs/.
ATCP 82.02 Note
Note: For example, permits issued by the department may display the full state name, "Wisconsin," the two letter postal code state abbreviation "WI," or the national uniform code "55."
ATCP 82.02(7)(e)
(e) The information display under
par. (d) shall be permanently attached to the bulk milk tanker. The color of the letters and numbers shall be in sharp contrast to the background on which the letters and numbers are displayed. Each letter and number comprising the information shall be at least 2 inches in height and readily legible during daylight hours while the bulk milk tanker is stationary. The permit holder shall maintain the display so that it remains fully legible at all times.
ATCP 82.02 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 05-044: am. (2) (intro.), (3) (b) and (4), r. and recr. (5)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-006: am. (1) (b), (2) (intro.) and (c) and (7), cr. (2) (e), (7) (d) and (e),
Register January 2008 No. 625, eff. 2-1-08;
CR 07-037: am. (4) and (5) (b)
Register April 2008 No. 628, eff. 5-1-08.
ATCP 82.04
ATCP 82.04
Bulk milk weigher and sampler; license. ATCP 82.04(1)(1)
License required. Except as provided under
sub. (2), no person may do either of the following unless that person holds a valid bulk milk weigher and sampler license issued by the department under s.
98.146, Stats., and this section:
ATCP 82.04(2)
(2) Buttermaker or cheesemaker; exemption. Subsection (1) does not apply to a person who holds a valid buttermaker or cheesemaker license issued by the department under s.
97.17, Stats.
ATCP 82.04(3)(a)(a) Except as provided in
par. (b), a bulk milk weigher and sampler license expires on the second September 30 following the date on which the department issues or renews the license.
ATCP 82.04(3)(b)
(b) If the department issues or renews a license before September 30 of any year in response to an application filed after August 15 of that year, the license expires on the third September 30 following the date on which the department issues or renews the license.
ATCP 82.04(4)
(4) License application. An application for a bulk milk weigher and sampler license shall be made on a form provided by the department, and shall be accompanied by all fees that are due and payable under
sub. (5). The application shall include all information reasonably required by the department for licensing purposes.
ATCP 82.04(5)(a)(a) License fee. An applicant for a bulk milk weigher and sampler license shall pay a biennial license fee of $60.
ATCP 82.04(5)(b)
(b) Reinspection fee required. If the department reinspects a bulk milk sampler because the department finds a violation of
ch. 97, Stats., or this chapter, the department shall charge the bulk milk weigher and sampler a reinspection fee. The fee is $60. The reinspection fee is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application to the bulk milk weigher and sampler.
ATCP 82.04(6)
(6) Action on license application. The department shall grant or deny a license application under
sub. (4) within 60 days after the department receives a complete application.
ATCP 82.04(7)
(7) Initial license examination. Before the department initially licenses any person as a bulk milk weigher and sampler, that person shall demonstrate his or her competency by doing both of the following:
ATCP 82.04(7)(a)
(a) Passing a written examination administered by the department.
ATCP 82.04(7)(b)
(b) Successfully completing a field examination administered by the department.
ATCP 82.04(8)
(8) License renewal. A person applying to renew a bulk milk weigher and sampler license may be required to pass a written examination or field examination administered by the department.
ATCP 82.04 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 01-028: r. and recr. (3),
Register September 2001 No. 549, eff. 10-1-01;
CR 05-044: r. and recr. (5)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-006: am. (1) (a) and (b),
Register January 2008 No. 625, eff. 2-1-08;
CR 07-037: am. (5) (a) and (b)
Register April 2008 No. 628, eff. 5-1-08.
ATCP 82.06
ATCP 82.06
Bulk milk tankers; construction and maintenance. ATCP 82.06(1)(1)
Sanitary construction. Bulk milk tankers, including equipment and accessories, shall be of sanitary design and construction, and shall comply with "3-A Sanitary Standards for Stainless Steel Automotive Transportation Tanks for Bulk Delivery and Farm Pick-Up Service," No. 3A 05-15 (November 24, 2002).
ATCP 82.06 Note
Note: Copies of the "3-A Standards" are on file with the department and the legislative reference bureau. Copies may be obtained from "3-A Sanitary Standards, Inc. Online Store" at
http://www.techstreet.com.
ATCP 82.06(2)
(2) Maintenance. Bulk milk tankers, including equipment and accessories, shall be kept clean and in good repair.
ATCP 82.06 History
History: Cr.
Register, November, 1994, No. 467, eff. 12-1-94;
CR 07-006: am. (1),
Register January 2008 No. 625, eff. 2-1-08.
ATCP 82.08
ATCP 82.08
Cleaning and sanitizing bulk milk containers. ATCP 82.08(1)(a)(a) No person may operate a bulk milk tanker unless a bulk milk tanker operator cleans the bulk milk tanker immediately after each day's use and sanitizes the bulk milk tanker prior to the next day's use. A bulk milk tanker operator shall clean and sanitize a bulk milk tanker, including all attached dairy product pumps and hoses, according to this section. A bulk milk tanker operator shall re-sanitize a bulk milk tanker if the tanker has not been used for more than 96 hours after last being sanitized.
ATCP 82.08(1)(b)
(b) Except as provided in
par. (c), a bulk milk tanker operator is not required to clean or sanitize a bulk milk tanker between loads during a 24 hour period, provided that a bulk milk tanker operator cleans the bulk milk tanker after that day's use and sanitizes the bulk milk tanker prior to the next day's use.
ATCP 82.08(1)(c)
(c) A bulk milk tanker operator shall clean and sanitize dairy product pumps and hoses attached to the bulk milk tanker whenever those pumps or hoses remain unused for more than 4 hours.
ATCP 82.08(1)(d)
(d) No person may operate a bulk milk tanker unless the tanker bears a tag under
sub. (4) showing that it has been cleaned and sanitized according to this section.
ATCP 82.08(2)(a)(a) A bulk milk tanker shall be cleaned and sanitized in a fully enclosed and heated facility. The facility shall have an impervious drained floor. The facility shall be equipped with adequate hot and cold water under pressure, a wash vat, pressure sanitizing facilities and equipment storage racks. Bulk milk tankers may be cleaned and sanitized in the same room where milk is received from those bulk milk tankers.
ATCP 82.08(2)(b)
(b) A facility used to clean and sanitize grade A bulk milk tankers shall be covered by a grade A permit under
sub. (6).
ATCP 82.08(3)
(3) Cleaning and sanitizing procedure. Whenever a bulk milk tanker operator cleans and sanitizes a bulk milk tanker, the bulk milk tanker operator shall do all of the following:
ATCP 82.08(3)(a)
(a) Clean and sanitize every dairy product contact surface on the bulk milk tanker, including product contact surfaces of equipment and accessories used on the tanker. If a bulk milk tanker operator is only required to clean tanker pumps and hoses under
sub. (1) (c), the operator shall clean every dairy product contact surface on those pumps and hoses.
ATCP 82.08(3)(c)
(c) Thoroughly clean all of the external surfaces of the bulk milk tanker.
ATCP 82.08(4)(a)(a) Whenever a bulk milk tanker operator cleans and sanitizes a bulk milk tanker according to
sub. (1), the bulk milk tanker operator shall attach to the tanker a tag that includes all of the following information:
