ATCP 80.10, “Personnel; sanitation standards,” is renumbered as ATCP 65.26.
ATCP 80.12, “Equipment and utensils,” is renumbered as ATCP 65.28.
ATCP 80.14, “C-I-P systems,” is renumbered as ATCP 65.30.
ATCP 80.16, “Dairy product packages,” is ATCP 65.32.
ATCP 80.18, “Sanitizers and sanitizing methods,” is renumbered as ATCP 65.34.
ATCP 80.20, “Receiving milk and dairy products,” is renumbered as ATCP 65.36.
ATCP 80.22, “Storing and handling milk and dairy products,” is renumbered as ATCP 65.40.
ATCP 80.24 (2), (3), and (3m), “Milk and dairy products; quality standards,” is renumbered as ATCP 65.74 (1), (2), and (3) and ATCP 80.24 (1) is repealed.
ATCP 80.28, “Persons authorized to perform milk quality tests,” was renumbered as ATCP 65.78.
ATCP 80.30, “Test samples,” is renumbered as ATCP 65.80.
ATCP 80.32, “Test methods,” is renumbered as ATCP 65.82.
ATCP 80.34, “Milk component testing devices,” is renumbered as ATCP 65.84.
ATCP 80.36, “Milk quality test records and reports,” is renumbered as ATCP 65.86.
ATCP 80.38, “False samples, test results or reports,” is renumbered as ATCP 65.88.
ATCP 80.40 (1) and (2), “Definitions,” were renumbered as in ATCP 65.01 (31) and (32).
ATCP 80.41, “Pasteurization required,” is renumbered as ATCP 65.54.
ATCP 80.42, “Labeling pasteurized and unpasteurized products,” is renumbered as ATCP 65.56.
ATCP 80.44, “Pasteurization time and temperature,” is renumbered as ATCP 65.58.
ATCP 80.46, “Batch pasteurization,” is renumbered as ATCP 65.60.
ATCP 80.48, “HTST and HHST pasteurization,” is renumbered as ATCP 65.62.
ATCP 80.49, “Aseptic processing and packaging,” is renumbered as follows:o
ATCP 80.49 (1), definition of “aseptic processing and packaging system” is moved to ATCP 65.01 (2); ando
ATCP 80.49 (2) (a) and (b) are renumbered as ATCP 65.64 (1) and (2).
ATCP 80.50, “Pasteurization records,” is renumbered as ATCP 65.66.
ATCP 80.52, “Pasteurizer testing,” is renumbered as ATCP 65.68.
ATCP 80.54, “Dairy plant records,” is renumbered as ATCP 65.44.
ATCP 80.56, “Dairy plant reports to department,” is renumbered as ATCP 65.46.
ATCP 80.58, “Confidential information,” is renumbered as ATCP 65.48.
ATCP 80.60, “License suspension or revocation,” is renumbered as ATCP 65.926.
ATCP 80.62, “Grade A dairy plant; compliance monitoring,” is renumbered as ATCP 65.930.
ATCP 80.70, “Dairy product labeling,” is renumbered as ATCP 65.50.Federal and Surrounding State Programs
Federal Programs
One objective of this proposed rule is to modernize current dairy farm and dairy plant inspection rules to ensure compliance with federal PMO requirements. The PMO establishes minimum standards for regulation of Grade “A” dairy farms and milk products. States must set standards equivalent to, or more stringent than, those in the PMO and each state’s milk producers and dairy plants must meet these standards to be allowed to ship Grade “A” milk and milk products in interstate commerce. These rule changes will bring Wisconsin’s dairy farm and dairy plant regulations into further compliance with the 2013 revision of the PMO.
Surrounding State Programs
Michigan, Minnesota, Iowa and Illinois adopt the PMO as part of their Grade “A” dairy-related statutes and regulations and therefore enforce Grade “A” dairy regulations similar to those enforced by Wisconsin. None of the surrounding states have adopted performance-based farm inspection, as allowed by the PMO.
Data and Analytical Methodologies
The department reviewed the 2011 and 2013 revisions of the PMO, federal regulations related to standards of identity, 3-A Sanitary Standards and Accepted Practices, results of an FDA audit of Wisconsin’s Grade “A” dairy program, scientific data presented by the dairy industry, and recent changes in Wisconsin statutes and rules to identify potential changes to the rule.
Standards Incorporated by Reference
The following documents are incorporated by reference:
“3-A Accepted Practices for the Design, Fabrication and Installation of Milking and Milk Handling Equipment,” 3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D McLean, Virginia, 22101-3850, amended 2002.
“3-A Sanitary Standards for Farm Milk Cooling and Holding Tanks,” 6888 Elm Street, Suite 2D, McLean, VA 22101-3850, amended 1994.
“3-A Accepted Practices for the Sanitary Construction, Installation, Testing, and Operation of High-Temperature Short-Time and Higher Heat Shorter Time Pasteurizer Systems,” standard 3A 603-07, 3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D McLean, Virginia, 22101-3850, amended November 2005.
“Certified Manufacturers of Single-Service Containers and Related Products,” Milk Safety Team, HFS-626, Food and Drug Administration, Public Health Service, US Department of Health and Human Services, 5100 Paint Branch Parkway, College Park, Maryland, 20740.
“Grade “A” Pasteurized Milk Ordinance (Includes provisions from the Grade “A” Condensed and Dry Milk Products and Condensed and Dry Whey—Supplement to the Grade “A” PMO),” Public Health Service, 2013 Revision.
“Official Laboratory Evaluation Forms (FDA-2400 Series)”, Food and Drug Administration, US Department of Health and Human Services.
“Official Methods of Analysis of AOAC International,” AOAC International, 2275 Research Blvd., Rockville, Maryland, 20850. 18th edition (2005).
Wehr, Michael, “Standard Methods for the Examination of Dairy Products,” American Public Health Association Inc., 800 I Street, NW, Washington, D.C., 20001; 17th edition (June 1, 2004).
Effect on Small Business
The proposed rule changes will impact dairy producers and dairy plants, many of which may be small businesses. The proposed rule does not substantially alter requirements dairy-related businesses already meet. The rule does not increase license or permit fees. All Grade “A” dairy businesses, whether large or small, must meet regulations that are substantially in compliance with the FDA’s PMO in order to collect, sample, and transport Grade “A” dairy products and no special accommodation may be made for small businesses. The proposed rule does not make accommodations for small Grade “B” dairy businesses. The proposed rule allows Grade “B” businesses to seek variances from some requirements and incorporates more flexibility than for Grade “A” businesses. However, to protect food safety and the quality of Wisconsin milk and milk products, further flexibility based on business size is not possible.
If the proposed rule is adopted, some dairy producers may incur costs if they need to modify access to the milkhouse to avoid contamination with animal waste. A few milk producers may also be required to participate in a drug residue prevention program if they have milk samples test positive twice within 12 months or have been reported on the United States Department of Agriculture (USDA) repeat violator list for presenting for slaughter dairy cattle which yield carcasses that have tested positive for drug residues. Some farms may need to have load-out doors installed to meet requirements for the location of bulk transport containers that receive milk directly from the milking equipment (“direct ship” milking). In general, the rule changes are expected to impact only a small number of dairy farms and dairy plants.
Some of the rule changes may result in cost savings or provide other benefits to industry. For example, the rule contains certain exemptions from dairy plant licensing for permitted restaurants and licensed retail food establishments. The rule also allows the Division of Food Safety (DFS) to authorize alternative temperature limits for storing non-Grade “A” milk or milk products. It exempts acid whey with specified percent titratable acidity or pH from storage time and storage temperature requirements applicable to other dairy products. This change is in response to information presented by industry. These two exemptions will result in cost savings for approximately 200 dairy plants.
The proposed rule also assists small businesses by consolidating dairy farm and dairy plant regulations into one rule.
DATCP Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Peter Haase, Director
Bureau of Food Safety and Inspection
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this rule is approved by the Board of Agriculture, Trade and Consumer Protection.
