Appleton Public Library
Lower Level Meeting Room
925 So. Oneida Street
Appleton, WI 54911
Handicapped accessible
Wednesday, December 5, 2001, 9:30 a.m. until 12:30 p.m.
Green County Agriculture Bldg.
2841 6th Street
Monroe WI 53566
Handicapped accessible
Thursday, December 6, 2001, 9:30 a.m. until 12:30 p.m.
U. W. Pyle Center
702 Langdon Street
Madison, WI 53706
Handicapped accessible
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:
• LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
• Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
• University of Wisconsin - Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy farms to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy farm rules under ch.
ATCP 60, Wis. Adm. Code. Among other things, this rule:
• Requires out-of-state dairy plant operators to test milk procured in this state from Wisconsin producers, and report test results.
• Authorizes milk producers to ship milk to 2 or more dairy plant operators. Each operator must comply with testing, reporting and other requirements related to milk shipped to that operator. One of the operators must take responsibility for producer licensing functions. That operator must pay the producer's license, grade A permit and re-inspection fees, and must perform initial dairy farm inspections and biennial water supply tests required for licensing purposes. Operators must report producer transfers.
• Authorizes milk producers (such as grazers) to discontinue milk shipments temporarily, without jeopardizing their license or permit status.
• Extends current rules to cover farms producing milk from sheep (current rules apply to cows and goats).
• Modifies current hot water capacity requirements for dairy farms.
• Authorizes the use of re-circulated water in plate coolers, subject to conditions specified in this rule.
• Authorizes milk producers to milk directly to bulk transport containers, subject to standards specified in this rule.
• Clarifies milk testing and reporting requirements.
• Requires dairy plant operators to respond immediately if the bacteria count in a producer's milk is more than 750,000 bacteria per ml. (the current “immediate response" level is 1,000,000 per ml.).
•Authorizes electronic reporting of milk test records. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
•Requires a dairy plant operator to recover, from producers who contaminate milk with drug residues, the full amount of the operator's loss related to that milk. Under current rules, an operator must test bulk loads of milk, reject contaminated loads, and recover at least part of the loss from offending producers. This rule requires the operator to recover the full value of each rejected load (not just part), plus disposal costs.
•Tightens the current test standard for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
•Requires milk laboratories and laboratory analysts to be certified by DATCP, not the Department of Health and Family Services (DHFS). The Legislature recently transferred dairy, food and water lab certification responsibilities from DHFS to DATCP.
• Codifies DATCP's current program of performance- based dairy farm inspection. Under this program, DATCP inspects different farms with different frequency, depending on their performance.
•Updates current sanitation requirements for dairy farms.
• Updates current DATCP administrative procedures.
•Make drafting and organizational changes to clarify and modernize current rules.
Background
DATCP currently licenses and inspects dairy farms under ss.
97.22 to
97.24, Stats., and ch.
ATCP 60, Wis. Adm. Code. All dairy farms must be licensed. Grade A dairy farms must also hold a grade A permit. Only grade A milk may be sold as fluid milk. Grade B milk (and grade A milk) may be used to produce cheese and other non-fluid milk products. Grade A milk typically commands a higher price.
All milk must be produced under sanitary conditions. Grade A milk production must also comply with the Interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize Wisconsin interstate milk shipments. Current DATCP rules establish standards for grade A and grade B dairy farms. DATCP rules incorporate PMO standards.
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. DATCP licenses dairy plants located in this state. DATCP does not license out-of-state dairy plants, although it does have authority to regulate out-of-state dairy plants that procure milk in this state from Wisconsin producers. DATCP currently regulates dairy plants under ch.
ATCP 80, Wis. Adm. Code. ATCP 60 also spells out dairy plant responsibilities related to milk procurement from dairy farms.
Under current law, a dairy plant operator must submit milk producer license applications, license fees, and grade A permit applications on behalf of the milk producers who ship milk to that operator. A dairy plant operator must also test producer milk shipments for drug residues, bacteria, somatic cells and other adulterants, and must report test results to DATCP. A dairy plant operator must reject milk that fails to meet critical minimum standards.
Bulk milk haulers collect milk shipments from dairy farms, and transport those shipments to dairy plants. Each bulk tanker load typically includes milk shipments from several producers, although some large producer shipments may fill an entire tanker. The milk hauler weighs and measures the milk at the farm (for payment purposes), and collects a sample of each producer's milk before that milk is commingled with milk from other producers.
The milk hauler transmits producer milk samples to the dairy plant operator's laboratory for testing. The operator tests samples for drug residues, bacteria and somatic cells, and reports test results to DATCP. DATCP regulates milk haulers under ch.
ATCP 82, Wis. Adm. Code, and certifies milk testing laboratories under ch.
ATCP 77, Wis. Adm. Code.
Under current rules, a dairy plant operator must also screen each bulk load of milk before the operator commingles that load with any other loads. If a bulk load tests positive for drug residues, the dairy plant operator must reject it and test the individual producer samples for that bulk load. If a producer sample tests positive for drug residues, the dairy plant operator may charge that producer for the cost of the bulk load.
DATCP inspects currently inspects dairy farms, and monitors milk quality test reports. DATCP inspects grade A dairy farms at a specified frequency, based on dairy farm performance. DATCP inspects grade B farms less frequently. DATCP may suspend or revoke a producer's license or grade A permit for cause, including violations of farm sanitation or milk quality standards. Current rules spell out compliance procedures, including notice and appeal procedures.
Rule Contents
Out-of-State Dairy Plants
Current rules require licensed dairy plants to file license and permit applications for milk producers, pay producer license and reinspection fees, test producer milk shipments, and report test results to DATCP. Current rules do not apply to out-of-state dairy plants, which are not licensed by DATCP, although most out-of-state plants perform these functions voluntarily when procuring milk from Wisconsin producers. This rule requires out-of-state dairy plants to perform these functions when they procure milk in this state from Wisconsin producers. But this rule does not require out-of-state dairy plants to be licensed in this state.
Producer Shipping to 2 or More Dairy Plants
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. Some large producers concurrently ship milk to 2 or more dairy plant operators. This rule allows a producer to ship to 2 or more dairy plant operators if all the following apply:
•Each operator tests milk shipments shipped to that operator, and reports test results. The operator must also comply with other requirements related to those shipments.
•One of the operators files license and permit applications for the milk producer, and pays producer license and reinspection fees. Under this rule, as under current rules, the operator must charge producer reinspection fees back to the producer.
Producer Transferring Between Dairy Plants
A dairy plant operator must notify DATCP if a producer transfers to that operator, or if the operator assumes license and fee payment responsibilities for that producer.
Milk Shipments Discontinued
This rule authorizes a producer (such as a grazer) to discontinue milk shipments for up to 180 days without jeopardizing the producer's license status, and for up to 60 days without jeopardizing the producer's grade A permit status. A dairy plant operator must report to DATCP when the producer stops and resumes shipments.
If a dairy plant operator terminates a milk producer, the operator must report the termination to DATCP. DATCP will revoke the producer's license 30 days after the termination unless the producer is shipping milk to another operator.
Dairy Sheep
Current dairy farm rules apply to cattle and goats. This rule extends current rules to include sheep.
Lighting in Barns, Milking Parlors and Milkhouses
This rule increases the minimum lighting standard in barns, milking parlors and milkhouses. This rule requires at least 30 foot-candles of illumination in milking parlors and milkhouses (current rules require 20 foot-candles).
Water Supply
Under current rules, a dairy plant operator must biennially sample a milk producer's water supply. The water sample must be tested at a certified laboratory. The Legislature recently transferred water lab certification responsibilities from the Department of Health and Family Services (DHFS) to DATCP. DATCP has adopted laboratory certification rules under ch.
ATCP 77, Wis. Adm. Code. This rule updates current dairy farm rules to require lab certification by DATCP, not DHFS.
Hot Water
This rule modifies current capacity requirements for hot water supply systems. This rule eliminates a number of specific capacity requirements, but requires adequate hot water for all milkhouse operations (with a minimum of 10 gallons to clean equipment and utensils). DATCP may approve alternative systems, including heat recovery and continuous flow systems that provide adequate hot water.
Re-Circulated Cooling Water
Current rules prohibit the use of re-circulated water to cool milk. This rule permits the use of re-circulated water in plate coolers if all the following apply:
•The re-circulated water originates from a safe source that complies with DNR rules.
•The re-circulated water is bacteriologically safe, and is protected from contamination. The milk producer must test for bacteria at least twice a year. Test results must meet minimum standards specified in this rule.
•The re-circulating system uses non-toxic coolants.
If a re-circulating water system becomes contaminated, the milk producer must stop using the system until the producer does all the following:
•Eliminates the contamination source and treats the re-circulated water.
•Re-tests the re-circulated water, and determines that the water meets the bacteriological test standards under this rule.
Toilet Facilities
This rule re-states, but does not substantially alter, current standards for toilets on dairy farms. Toilets must comply with applicable DNR and Department of Commerce rules.
