ATCP 65.02 (11) “Grade A permit”, allows no more than one milk producer to have a Grade “A” permit at a single dairy farm unless all of the milk shipped from that dairy farm is assigned to one bulk tank unit and each milk producer is licensed.
ATCP 65.02 (12) “Grade A permits at a single dairy farm operated by multiple dairy producers”, was added to describe conditions under which more than one Grade “A” milk producer permit may be held on one dairy farm.
ATCP 65.04, Dairy plant licenses and permits; fees.
ATCP 65.04 consolidates all dairy plant licensing and Grade “A” permit requirements, and fee information found in ss. ATCP 80.02, 80.04, and 80.06. ATCP 65.04 (1) (b) 1., clarifies that no dairy plant license is required for a farm manufacturing dairy products solely for the owner/operator, members of the farm household, or nonpaying farm guests or employees.
ATCP 65.04 (2) (b) 2., exempts permitted restaurants from a dairy plant license if they prepare or process commercially pasteurized dairy products. However, permitted restaurants are not allowed to package Grade “A” dairy products without a dairy plant license.
ATCP 65.04 (2) (b) 3., exempts retail food establishments licensed under s. 97.30, Stats., from a dairy plant license if they process non-Grade “A” dairy products made from commercially pasteurized dairy products solely for retail sale. ATCP 65.08, Milkhouse.
ATCP 65.08 (2) was created to prohibit locating milkhouse access driveways and doors such that animal waste would be tracked into the milkhouse.
ATCP 65.10, Dairy farm water supply.
ATCP 65.10 (3) was updated to require wells to comply with ch. NR 810, Requirements for the Operation and Maintenance of Public Water Systems, in addition to chs. NR 811, Requirements for the Operation and Design of Community Water Systems, and NR 812, Well Construction and Pump Installation. ATCP 65.10 (5) (a) clarifies that if a milk producer has more than one well, water from each well shall be tested at least once every two years. This change brings the provision into conformance with the PMO.
ATCP 65.14, Milking and milk handling systems.
ATCP 65.14 (5) recognizes the increasing adoption of modernized milking systems by incorporating PMO requirements for automatic milking installations, or robotic milking systems.
ATCP 65.16, Bulk tanks and bulk transport containers.
ATCP 65.16 (5) (f) creates requirements for the location of bulk transport containers which receive milk directly from the milking equipment (“direct ship” milking).
ATCP 65.22, Farm premises.
ATCP 65.22 (5) (c) prohibits mixing or storage of human waste or septage with animal manure. This provision was added to prevent recurrence of observed situations in which transmission of human fecal pathogens via dairy farm facilities was clearly possible.
ATCP 65.24, Construction and maintenance.
ATCP 65.24 (1) (b) requires that a written variance from a construction standard may only be issued for dairy plants that do not hold a grade A permit, i.e. Grade “B” plants. The PMO does not allow construction variances for Grade “A” dairy plants.
ATCP 65.24 (1) (c) prohibits dairy plants from being directly connected to a milking barn, milking parlor or animal housing area. This provision is intended to minimize transmission of pathogenic microorganisms into the dairy plant.
ATCP 65.24 (2) (e) was revised to clarify that floors in rooms used solely for the storage of dry ingredients or packaging materials need not have trap-equipped floor drains.
ATCP 65.24 (4) (a) currently exempts overhead doors and electronic sliding doors in delivery areas from the requirement to be kept closed when not in use. This requirement was revised and excludes Grade “A” dairy plants from the exemption, while continuing to allow receiving stations and Grade “B” dairy plants to keep overhead and electronic sliding doors open when not in use. This change will bring Wisconsin’s regulations in compliance with the PMO.
ATCP 65.24 (8), Dairy plant water supply.
ATCP 65.24 (8) was modified to require that water used in dairy products complies with ch. NR 810, Requirements for the Operation and Maintenance of Public Systems, in addition to chs. NR 811, Requirements for the Operation and Design of Community Water Systems, and NR 812 Well Construction and Pump Installation. ATCP 65.24 (8) (b) requires that water from a privately owned water system supplying a dairy plant, shall be tested to ensure it meets safe drinking requirements under ch. NR 809, Safe Drinking Water, after a repair or alteration. Testing is to be done by the operator of a Grade “B” plant; a division representative shall sample the water at a Grade “A” plant and have it tested. This requirement is in addition to the current requirement for routine testing conducted every six months. If a water supply comes from multiple wells, the rule also requires that all wells be sampled and tested and that samples be taken upstream from any pressure tank or other water treatment equipment. Finally, ATCP 65.24 (8) (h) was created to require Grade “A” dairy plants using water to flush pasteurized milk or milk products from their milk processing systems to use water that is of equivalent microbiological quality to pasteurized milk.
ATCP 65.26, Personnel; sanitation standards.
ATCP 65.28 (3) the term “food processing equipment” was changed to “dairy processing equipment.”
ATCP 65.28, Equipment and utensils.
ATCP 65.28 (7) (e) 5., is created to exempt dairy plants from having to clean certain reverse osmosis equipment after each day’s use.
ATCP 65.28 (7) (f) was modified to require a dairy plant operator to consult with FDA before seeking division approval of a proposal for alternative cleaning and sanitizing schedule for continuously-operated equipment that comes in contact with Grade “A” products. This provision now conforms to the PMO.
ATCP 65.36, Receiving milk and dairy products.
ATCP 65.36 (3) was revised to clarify that a bulk milk tanker transporting Grade “A” milk may hold a Grade “A” permit issued by another state’s regulatory agency. This change recognizes reciprocity requirements of the PMO and recent changes in ch. ATCP 82, Bulk Milk Collection, Sampling, and Transportation. ATCP 65.40, Storing and handling milk and dairy products.
ATCP 65.40 (2) allows the division to authorize alternative temperature limits for storing non-Grade “A” milk and milk products.
ATCP 65.40 (2) (e) 7., 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.
ATCP 65.42, Recall plan.
ATCP 65.42 requires dairy plants to have a written plan for identifying and recalling dairy products should a food recall become necessary, and describes the required contents of such a plan. This new requirement is consistent with the recall plan requirements in ch. ATCP 70, Food Processing Plants, and ch. ATCP 88, Eggs. ATCP 65.54, Pasteurization required.
ATCP 65.54 (2) (j) exempts dairy products, shipped in bulk to a licensed food processing plant for use in manufacturing food products, from the requirement that the product be pasteurized at the dairy plant where the product was manufactured. This exemption only applies if the shipment is accompanied by a bill of lading identifying the product as unpasteurized and if the food processing plant receiving the dairy product uses a recognized treatment process to render the product safe.
ATCP 65.58, Pasteurization time and temperature.
ATCP 65.58 (1) requires that alternative methods of pasteurization of grade A products be recognized by the FDA.
