Disposing of Contaminated Milk
This emergency rule also clarifies how a dairy plant must dispose of milk that tests positive for a drug residue. Current rules require a dairy plant operator to reject a bulk tanker load of milk that tests positive for drug residue. A rejected bulk load may not be used for human food. This emergency rule clarifies that a dairy plant operator must either dispose of a rejected bulk load or denature it before transferring it to any other person.
Finding of Emergency
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The Department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
(a) Protect the public milk supply against drug residue contamination by assuring proper disposal of contaminated milk.
(b) Provide additional assurance that milk producers will not be subjected to serious penalties or financial losses based on inaccurate drug residue tests.
Fiscal Estimate
The proposed rule changes incorporates orders given to the Division of Food Safety by the Department secretary and deputy in three contested case decisions. These changes include the following:
1. Requires the dairy plant operator to conduct confirmation testing using positive and negative controls on a producer milk sample that screens positive for the presence of a drug residue.
2. Places the responsibility on the dairy plant operator to either dispose of or denature a bulk load of raw milk that tests positive for the presence of a drug residue.
The changes do not require any additional regulatory activity or recordkeeping by the Department. Therefore, there is no fiscal effect attributed to the adoption of these rule changes, except for one-time costs associated with the rule-making of approximately $500, consisting of printing, mailing and costs of holding hearings.
Initial Regulatory Flexibility Analysis
The modifications to ch. ATCP 60, Wis. Adm. Code, Dairy Farms, will not have a fiscal impact on small businesses as defined in s. 227.114 (1) (a), Stats. There are approximately 110 dairy plants currently licensed and inspected by the Department that meet the definition of a small business.
The testing of every bulk load of raw milk for a drug residue received by a dairy plant operator is required under the dairy farm rule. A dairy plant operator is also required to test each of the producer milk samples collected for a bulk load that tests positive for a drug residue in order to identify the violative producer or producers.
A dairy plant operator is required to reject a bulk load of raw milk that tests positive for a drug residue. The rejected bulk load cannot be shipped to another dairy plant or used for human food.
The proposed changes to ch. ATCP 60, Wis. Adm. Code, are:
1. Clarify and standardize the testing procedures for the producer milk samples collected for a bulk load of raw milk that tested positive for a drug residue.
2. Clarify who is responsible for insuring that a bulk load of raw milk that tested positive for a drug residue is not used for human food.
The impact of the proposed rule changes on small business is negligible. It would not be necessary for licensed dairy plants to provide additional laboratory facilities or staff, or retain additional testing services to comply with these changes.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on its proposed permanent rule (ss. ATCP 60.19 (3) and (4), Wis. Adm Code) relating to drug residues in raw milk. This proposed rule is identical to the Department's emergency rule relating to drug residues in raw milk. The hearings will be held at the times and places shown below.
Written Comments
The public is invited to attend the hearings and make comments on the rule. Following the public hearings, the hearing record will remain open until June 30, 1999, for additional written comments.
Copies of Rule and Contact Information
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608)224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by July 15, 1999 either by writing to Debbie Mazanec, 2800 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608- 224-4712), or by contacting the message relay system (TTY) at 608-266-4399 to forward your call to the Department at 608-224-5058. Handicap access is available at the hearings.
Hearing Information
Three (3) hearings are scheduled. The hearings will be held simultaneously by videoconferencing at the following locations on Friday, June 18, 1999, from 10:30 a.m. - 12:00 p.m. These hearings are being held in conjunction with hearings on the Department's emergency rule, which is identical to the proposed rule.
Locations:
Wis. Dept. of Agriculture, Trade &
Consumer Protection
Room 472
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
State of Wis. Office Building
Room 618
200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wis. Office Building
Room 139
718 West Clairemont Ave.
EauClaire, WI 54701
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1), 97.09 (4), 97.20 (4), 97.22 (8) and 97.23
Statutes interpreted: ss. 97.20, 97.22 and 97.23
This rule modifies current rules under ch. ATCP 60, Wis. Adm. Code, related to follow-up testing of producer milk samples when a bulk tanker load of milk tests positive for a drug residue. This rule also clarifies how a dairy plant must dispose of milk that tests positive for a drug residue.
Follow-up Testing of Producer Milk Samples
Under current rules, a milk hauler must collect a sample of milk from every dairy farm milk shipment before loading that shipment onto a bulk milk tanker. The dairy plant operator receiving the bulk milk tanker load must perform a drug residue screening test on that tanker load. If the tanker load tests positive for any drug residue, the dairy plant operator must perform a drug residue test on each of the milk samples drawn from the producer milk shipments comprising the tanker load. If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. Current rules do not require confirmatory tests on producer samples that test positive for drug residues.
This rule requires a dairy plant operator to perform a confirmatory test in duplicate on each producer milk sample that tests positive for any drug residue. Under this rule, the dairy plant operator must perform a confirmatory test using the same test method and producer sample. The operator must perform the confirmatory test in duplicate, with single positive and negative controls. If one or both confirmatory test results are positive for a drug residue, the milk producer's sample is considered positive for that drug residue.
Disposing of Contaminated Milk
This rule also clarifies how a dairy plant must dispose of milk that tests positive for a drug residue. Current rules require a dairy plant operator to reject a bulk tanker load of milk that tests positive for drug residue. A rejected bulk load may not be used for human food. This rule clarifies that a dairy plant operator must either dispose of a rejected bulk load or denature it before transferring it to any other person.
Fiscal Estimate
The proposed rule changes incorporates orders given to the Division of Food Safety by the Department secretary and deputy in three contested case decisions. These changes include the following:
1. Requires the dairy plant operator to conduct confirmation testing using positive and negative controls on a producer milk sample that screens positive for the presence of a drug residue.
2. Places the responsibility on the dairy plant operator to either dispose of or denature a bulk load of raw milk that tests positive for the presence of a drug residue.
The changes do not require any additional regulatory activity or recordkeeping by the Department. Therefore, there is no fiscal effect attributed to the adoption of these rule changes, except for one-time costs associated with the rule-making of approximately $500, consisting of printing, mailing and costs of holding hearings
.
Initial Regulatory Flexibility Analysis
The modifications to ch. ATCP 60, Wis. Adm. Code, Dairy Farms, will not have a fiscal impact on small businesses as defined in s. 227.114 (1) (a), Stats. There are approximately 110 dairy plants currently licensed and inspected by the Department that meet the definition of a small business.
The testing of every bulk load of raw milk for a drug residue received by a dairy plant operator is required under the dairy farm rule. A dairy plant operator is also required to test each of the producer milk samples collected for a bulk load that tests positive for a drug residue in order to identify the violative producer or producers.
A dairy plant operator is required to reject a bulk load of raw milk that tests positive for a drug residue. The rejected bulk load cannot be shipped to another dairy plant or used for human food.
The proposed changes to ch. ATCP 60, Wis. Adm. Code, are:
1. Clarify and standardize the testing procedures for the producer milk samples collected for a bulk load of raw milk that tested positive for a drug residue.
2. Clarify who is responsible for insuring that a bulk load of raw milk that tested positive for a drug residue is not used for human food.
The impact of the proposed rule changes on small business is negligible. It would not be necessary for licensed dairy plants to provide additional laboratory facilities or staff, or retain additional testing services to comply with these changes.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 77, Wis. Adm. Code, relating to certification fees for laboratories engaged in public health testing of milk, water and food.
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until June 30, 1999, for additional written comments.
Copies of Rule and Contact Information
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608)224-4700. Copies will also be available at the public hearings.
