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.
Milking Directly to Bulk Transport Containers
Most farmers milk to a permanent bulk tank in the milkhouse, where milk is cooled and stored for shipment. A milk hauler then collects the milk from the bulk tank, and transports it in a bulk milk tanker to a dairy plant. However, some large farmers propose to cut costs by milking directly to the bulk transport container (tanker) in which the farmer then transports the milk to the dairy plant. This rule authorizes producers to milk directly to a bulk transport container if all the following apply:
•The producer controls the operation and maintenance of the bulk transport container. The producer may not collect milk from other producers unless the producer operates as a licensed as a milk hauler under ch.
ATCP 82.
•The bulk transport container is constructed and maintained according to bulk milk tanker standards under ch.
ATCP 82.
•The bulk transport container has an access port that can be sealed.
•The bulk transport container, while parked at the dairy farm, is kept on a pad of concrete other impervious material. The pad must be located next to the milkhouse, to minimize the length of the transport hose between the milkhouse and the bulk transport container.
•All permanent pipelines connecting the bulk transport container to the milk handling system terminate in the milkhouse.
•The milk producer cools all milk to a temperature of 45° F. (7° C.) or lower before the milk enters the bulk transport container. The producer may use a plate cooler, tube cooler or bulk tank to cool the milk. The producer must measure and record milk temperatures.
• The bulk transport container outlet valve is close-coupled and protected with an effective dust cover.
•The producer keeps the bulk milk cooling device, transport hose and bulk transport container outlet valve in clean and sanitary condition.
•The dairy plant operator collects a milk sample, screens for drug residues, and records the temperature and quantity of milk before unloading the bulk transport container.
•The dairy plant operator cleans and sanitizes the bulk transport container after each milk shipment, just as the operator would clean and sanitize a bulk milk tanker under ch.
ATCP 82.
Milk Testing and Reporting
Under current rules, dairy plant operators must test milk from dairy farms and report test results to DATCP. This rule clarifies current reporting requirements and authorizes electronic reporting. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
Under this rule, as under the current rule, milk tests must be performed at certified laboratories. Under this rule, milk laboratories and analysts must 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.
This rule updates current milk test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products", 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International", 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these updated technical standards by reference in this rule. DATCP may approve other test methods.
Bacteriological Testing; “Immediate Response" Levels
Under current rules, dairy plant operators must take immediate steps if a producer's milk is found to contain more than 1,000, 000 bacteria per ml. This rule lowers the “immediate" response level to 750,000 bacteria per ml.
Drug Residue Testing
Under current rules, a dairy plant operator must screen each bulk load of milk for drug residues, 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. Under current rules, the operator must recover at least part of the operator's loss from the offending producer.
Under this rule, the dairy plant operator must recover the full value of each rejected load (not just part) from the offending producer. The operator must also recover any additional transportation, testing and disposal costs caused by the contamination. If there are 2 or more offending producers, the operator must recover pro rata from those producers based on the relative size of their milk shipments in the contaminated bulk load.
This rule tightens current test standards for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
Performance-Based Dairy Farm Inspection
This rule codifies DATCP's current program of performance-based dairy farm inspection. Under this program, DATCP inspects different grade A dairy farms with different frequency, depending on their performance. The terms of the performance-based inspection are consistent with the requirements of the Interstate Pasteurized Milk Ordinance (PMO).
Under this rule, DATCP must evaluate each grade A dairy farm every 3 months, based on inspection reports, milk quality tests and department compliance actions during the preceding 12 months. Based on this evaluation, DATCP must place the dairy farm in one of the following categories:
Twelve-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 12 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•All of the producer's standard plate counts (SPC) are less than 25,000, except one SPC may exceed 25,000 if it is not more than 100,000.
•All of the producer's somatic cell counts (SCC) are less than 500,000.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Six-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 6 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•The dairy farm fails to qualify for the 12-month inspection category.
•DATCP has not issued more than one warning for violations of bacteria or somatic cell test standards.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Four-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 4 months. DATCP must place a dairy farm in this category if the dairy farm does not belong in the 12-month, 6-month or 3-month inspection category, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months.
Three-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 3 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
The dairy farm does not qualify for the 12-month or 6-month inspection category.
DATCP has done any of the following:
* Issued more than one warning for violations of bacteria or somatic cell test standards.
* Issued more than one warning for drug residue violations.
* Issued more than one warning for “key" farm inspection violations.
* Conducted more than one re-inspection of the dairy farm.
* Suspended the producer's dairy farm license or grade A permit.
Compliance Procedures
This rule clarifies DATCP compliance procedures related to dairy farms. This rule does not make significant changes in current procedures, except that it extends the deadline for holding an informal hearing on a contested drug residue finding. Under current rules, DATCP must hold the informal hearing within 3 business days after the producer requests the hearing, unless the producer requests a later hearing date. Under this rule, DATCP must hold the informal hearing within 10 business days after the producer requests the hearing, unless the producer requests a later hearing date. This new deadline is consistent with the current deadline for holding informal hearings on other contested dairy farm violations.
Fiscal Estimate
(see p. 23, 11-15-01 Wis. Adm. Register)
Initial Regulatory Flexibility Analysis
(see p. 23, 11-15-01 Wis. Adm. Register)
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1),
961.16 and
961.19, Stats., and interpreting s.
961.14 (5) (ag), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.27, relating to the scheduling of certain drugs under ch.
961, Stats., the Uniform Controlled Substances Act.
Hearing Date, Time and Location
