The hearing in Madison on Thursday, December 6, 2001, will have videoconference connections with three additional locations. The public may participate in the hearing by testifying or registering an appearance at any of the four sites, and see as well as listen to testimony from other persons at all of the sites. Videoconference connections will be available from 9:30 a.m. until 12:30 p.m. at the following locations:
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LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
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Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
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University of Wisconsin – Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Text of Rule
ATCP 80 and 69 (Proposed Rule)
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy plants to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy plant rules under chs.
ATCP 69 and
80, Wis. Adm. Code. Among other things, this rule:
Establishes alternative training options for persons who wish to be licensed as cheesemakers.
Updates current standards for dairy plant facilities.
Authorizes a dairy plant operator to use reclaimed water for dairy plant operations, subject to specified conditions.
Clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms.
Modifies current dairy product temperature standards.
Modifies current standards for bacteria and coliform in pasteurized dairy products.
Modifies current restrictions related to the reprocessing of packaged dairy products returned to a dairy plant.
Updates current pasteurization standards, and establishes standards for higher-heat shorter-time (HHST) pasteurizers.
Updates current pasteurization record keeping requirements. Among other things, this rule clarifies record keeping requirements related to high-temperature short-time (HTST) and higher-heat shorter-time (HHST) pasteurization.
Updates current standards related to dairy product fortification, dairy product test methods, and grade A audit surveys.
Makes other drafting and organizational changes to update and clarify current rules.
Background
DATCP currently licenses and inspects dairy plants under s.
97.20, Stats., and ch.
ATCP 80, Wis. Adm. Code. DATCP licenses individual cheesemakers under s.
97.17, Stats., and ch.
ATCP 69, Wis. Adm. Code. Dairy plants processing grade A fluid milk products must hold a grade A permit from DATCP. Dairy plants also have important responsibilities related to dairy farm milk procurement under ch.
ATCP 60, Wis. Adm. Code.
All dairy products must be produced under sanitary conditions. Dairy plants producing grade A fluid milk products must also comply with the interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize the interstate shipment of Wisconsin dairy products. Current DATCP rules establish standards for all dairy plants, including grade A dairy plants. DATCP rules incorporate PMO standards.
Current DATCP rules spell out requirements related to:
Dairy plant licensing and fees.
Dairy plant facilities and operations.
Dairy product quality standards and testing.
Pasteurization of dairy products.
Dairy plant records and reports.
Inspection and enforcement.
Cheesemaker license qualifications.
Rule Contents
Cheesemaker License Qualifications
Under current rules, individuals must meet certain training and experience requirements in order to be licensed as cheesemakers. Under current rules, an individual may be licensed if the individual does any of the following:
Completes an 18-month apprenticeship under a licensed cheesemaker.
Completes a 12-month apprenticeship, and either completes a university short course in cheesemaking or obtains a dairy-related associate degree at a vocational school.
Completes a 6-month apprenticeship and obtains a 4-year dairy-related college degree.
This rule creates another option for license applicants. Under this rule, an individual may be licensed as a cheesemaker if the individual completes a 240-hour apprenticeship, and completes DATCP-approved courses in all the following:
Cheesemaking.
Production of safe dairy foods
Hazard analysis critical control point (HAACP) process control.
Milk pasteurization.
Dairy sanitation.
DATCP may license the individual on a conditional basis, and may summarily suspend the license if the license holder fails to meet continuing education and performance standards.
Fluid Milk Products
Fluid milk products must be produced by grade A dairy plants, according to grade A standards. This rule updates the current “fluid milk product" definitions to conform to the interstate Pasteurized Milk Ordinance (PMO).
Dairy Plant Rooms
This rule clarifies, but does not substantially alter, current rules related to room separation in dairy plants. Certain activities must be separated from other activities to prevent contamination of dairy products.
Re-circulated Water; Testing
Under current rules, re-circulated water used in a dairy plant cooler or heat exchanger must be tested semi-annually by DATCP. This rule requires the dairy plant operator, not DATCP, to test semi-annually.
Reclaimed Water
This rule clarifies spells out standards for a dairy plant's use of water reclaimed from the condensation of milk or dairy products. The standards are designed to prevent dairy product contamination that may result from the improper use of reclaimed water. Under this rule:
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A dairy plant operator may use water reclaimed by means of evaporation, reverse osmosis or ultrafiltration. The water must meet different standards, depending on how it is used.
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Reclaimed water may not be used for any purpose requiring potable water unless all the following apply:
- DATCP pre-inspects and pre-approves the reclamation system.
- The reclaimed water is free of coliform bacteria.
- The standard plate count of the reclaimed water does not exceed 500 per ml. and meets DNR bacteriological standards.
- The organic content of the reclaimed water is less than 12 mg. per liter.
- The reclaimed water has no off-odors, off-flavors or slime formations. The dairy plant operator must check these things weekly.
- DATCP pre-approves any chemicals used to suppress bacterial growth, tastes or odors in the reclaimed water. Automatic proportioning devices must be used to add chemicals to the water. The dairy plant operator must test at least daily for chemical content. Chemicals may not contain substances that may contaminate dairy products.
- The reclaimed water is stored in properly constructed tanks.
- The dairy plant operator tests the reclaimed water for bacteriological and organic content at least semi-annually, and more often after the reclamation system is initially installed or repaired.
- There are no cross-connections between reclaimed water lines and any public or private water system.
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Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:
- The reclaimed water meets all potable water standards, other than bacteriological standards.
- The reclaimed water is used only on the day that it is reclaimed.
- The reclaimed water is automatically maintained at a temperature of not less than 145° F., or is chemically treated to suppress bacterial propagation. Chemical treatments must comply with standards for potable water.
- Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water."
- The dairy plant operator posts clear instructions for the use of the reclaimed water. The instructions must limit the purposes for which the reclaimed water may be used.
- Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. Temporary connections must be protected to avoid product contamination.
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Reclaimed water that does not qualify for any of the above uses may only be used as boiler feed water.
Dairy Plant Personnel; Sanitation
Under current rules, persons with discharging or infected lesions on their hands or arms may not handle unpackaged dairy products. This rule prohibits them from handling unpackaged dairy products unless they have appropriate sanitary protection (including bandages and gloves) specified in this rule.
Equipment and Utensils
Current rules spell out sanitary design and construction requirements for dairy plant equipment and utensils. The current rules incorporate, by reference, “3-A" technical standards published by FDA and the International Association for Food Protection.
Under current rules, persons installing C-I-P (cleaned in place) systems must submit plans for DATCP approval. This rule requires the dairy plant operator, not the installer, to submit the plans. DATCP must act on the plans within 20 business days (currently 30 calendar days).
This rule regulates the use of flexible pipelines in dairy plants, to prevent sanitation hazards. Dairy plant operators may use flexible pipelines, subject to conditions specified in this rule, if rigid pipelines are impractical. This rule also modifies current standards for chlorine sanitizers used to sanitize equipment and utensils.
Milk from Dairy Farms
