Chapter ATCP 82

Chapter ATCP 82

BULK MILK COLLECTION, SAMPLING, AND TRANSPORTATION

ATCP 82.01   Definitions.

ATCP 82.02   Bulk milk tanker; grade A permit.

ATCP 82.04   Bulk milk weigher and sampler; license and grade A permit.

ATCP 82.06   Bulk milk tankers; construction and maintenance.

ATCP 82.08   Cleaning and sanitizing bulk milk tankers.

ATCP 82.10   Collecting milk from dairy farms.

ATCP 82.12   Milk samples for testing.

ATCP 82.14   Delivering milk or milk products to dairy plant.

ATCP 82.16   Records.

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Ch. ATCP 82 Note Note: See also ch. ATCP 65 (Milk and Milk Products).

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 container permanently mounted on a motor vehicle or designed to be towed by a motor vehicle, and includes all equipment and accessories related to the container. “Bulk milk tanker” does not include a mobile bulk container used by a milk producer solely to transport the producer’s own milk to the milk producer’s bulk tank or to a licensed dairy plant operated by the milk producer.

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(1s) (1s) “Bulk milk weigher and sampler” means any person who measures milk for payment purposes or collects official milk samples, or both, and is licensed under this chapter.

ATCP 82.01(2) (2) “Bulk tank” means a permanent or semi-permanent tank, container, or silo 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 a dairy farm as defined in s. 97.22 (1) (a), Stats., operated by a milk producer and includes a milkhouse.

ATCP 82.01(4) (4) “Dairy plant” means any of the following:

ATCP 82.01(4)(a) (a) A place where a dairy product is manufactured or processed for sale or distribution as human food.

ATCP 82.01(4)(b) (b) A receiving station.

ATCP 82.01(4)(c) (c) A transfer station.

ATCP 82.01(4)(d) (d) For the purposes of assigning milk producer license application responsibilities, a milk contractor, or any business under par. (a) or (b), that submits a milk producers license application on behalf of a milk producer and thereby certifies that the milk producer’s dairy farm and milking operations comply with applicable requirements of ch. ATCP 65.

ATCP 82.01(4m) (4m) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 82.01(5) (5) “Milk” means normal lacteal secretion that is not visibly changed in color, odor, or texture, practically free of colostrum, obtained by the milking of one or more healthy milking animals, and includes skim milk and cream.

ATCP 82.01(7) (7) “Milk producer” means a milk producer as defined in s. 97.22 (1) (f), Stats.

ATCP 82.01(7m) (7m) “Milking animals” means all of the following:

ATCP 82.01(7m)(a) (a) Cows, sheep, and goats.

ATCP 82.01(7m)(b) (b) Other hooved or camelid mammals whose milk is collected and distributed for human consumption.

ATCP 82.01(8) (8) “Processing plant” means processing plant, as defined in s. 97.20 (1) (h), where dairy products, as defined in s. 97.20 (1) (b), are processed.

ATCP 82.01(9) (9) “Receiving station” means a facility designed for the receipt and bulk storage of milk, and 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(9e) (9e) “Single-farm pick-up” means the one-time transfer of properly cooled milk, as outlined in s. ATCP 82.10 (6), originating from a single licensed milk producer’s milking animals and stored in a bulk milk tank, to a bulk milk tanker owned or operated by the same licensed milk producer, or owned or operated by the producer’s dairy plant or milk contractor, and the transportation of that milk to the receiving plant.

ATCP 82.01(9m) (9m) “Temperature measuring device” means a device that is designed to measure and display the temperature, without the ability to record the temperature, of the contents of a vessel.

ATCP 82.01(9s) (9s) “Temperature recording device” means a device that is capable of measuring and recording the temperature of the contents of a vessel.

ATCP 82.01(10) (10) “Transfer station” means a facility designed and used solely to transfer milk from one bulk milk tanker or transport container 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; CR 13-104: cr. (1s), am. (2), cr. (4m), r. (6) Register July 2014 No. 703, eff. 8-1-14; CR 24-086: am. (1), (1s), (3), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (d), am. (5), (7), (7m) (b), (8), (9), cr. (9e) to (9s), am. (10) Register October 2025 No. 838, eff. 11-1-25; correction in (4) (d) made under s. 13.92 (4) (b) 4., Stats., and correction in (8) made under s. 35.17, Stats., Register October 2025 No. 838.

ATCP 82.02 ATCP 82.02 Bulk milk tanker; grade A permit.

ATCP 82.02(1m) (1m) Permit required. No person may operate a bulk milk tanker to transport milk or fluid milk products for sale or use as grade A milk or grade A dairy products unless the department, or an equivalent regulatory agency in another state, has issued a valid grade A permit for that bulk milk tanker and the information required under sub. (7) (b) is displayed on the bulk milk tanker as required under sub. (7) (c). A grade A permit is not transferable between bulk milk tankers.

ATCP 82.02(2) (2) Permit application. An application for a grade A permit under sub. (1m) shall be made on a form provided by the department. An application shall include all of the following:

ATCP 82.02(2)(a) (a) The applicant’s name, address, and telephone number.

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 identifying and permitting of the bulk milk tanker.

ATCP 82.02(2)(e) (e) All applicable fees and surcharges required under subs. (5) and (6).

ATCP 82.02(3) (3) Action on permit application.

ATCP 82.02(3)(a) (a) The department shall grant or deny a permit application under sub. (2) within 40 days after the department receives a completed application.

ATCP 82.02(3)(b) (b) The department shall not issue or renew a permit 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(5) (5) Reinspection fee.

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 fee under par. (b) is effective any date on or after November 1, 2025. 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 permit renewal application to the bulk milk tanker operator, or at any other time after the fee becomes effective.

ATCP 82.02(5)(b) (b) The reinspection fee under par. (a) is $75.

ATCP 82.02(6) (6) Surcharge for operating without a permit.

ATCP 82.02(6)(a) (a) An applicant for a bulk milk tanker permit shall pay a permit surcharge of $125 if the department determines that, within 365 days prior to submitting the permit application, the applicant operated a bulk milk tanker without a grade A permit in violation of sub. (1m) or (7). This fee is effective any date on or after November 1, 2025.

ATCP 82.02(6)(b) (b) In addition to paying the permit surcharge under par. (a), an applicant who violated sub. (1m) or (7). shall pay all fees, set forth in a statement from the department, that are due and payable for the permit year in which the applicant violated sub. (1m) or (7).

ATCP 82.02(6)(c) (c) Payment of the permit 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. (1m) or (7), but does not constitute evidence of any violation of law.

ATCP 82.02(7) (7) Grade A permit display.

ATCP 82.02(7)(a) (a) An application for a grade A permit shall include proof that the bulk milk tanker has passed an inspection by the department, by an equivalent regulatory agency in another state, or by a certified industry inspector under s. ATCP 82.02 (8) within the 24 months before the last day of the month in which the application was made.

ATCP 82.02(7)(b) (b) The holder of a grade A permit under sub. (1m) shall display all of the following information, in the manner required under par. (c), on both sides of the bulk milk tanker to which the permit applies: