Statement of Scope
Department of Agriculture, Trade, and Consumer Protection
Rule No.: | Chapter ATCP 82, Wis. Adm. Code |
Relating to: | Bulk Milk Collection, Sampling, and Transportation |
1. Finding/nature of emergency (Emergency Rule only):
Not Applicable
2. Detailed description of the objective of the proposed rules
Rule changes are needed because industry processes and needs have changed over the years and portions of the rule need to be modernized to align with these changes. In addition, industry professionals have requested clarification of certain parts of the rule to ensure they are meeting Grade A regulations to ship milk out of the State of Wisconsin.
The objectives of the proposed rule under consideration include:
a) Consider aligning the definition of milk between chs. ATCP 65 and ATCP 82. b) Consider increasing fees to keep pace with the increased cost of performing re-inspections. Fees associated with a re-inspection have not been addressed since 2016.
c) Consider adding language to clarify that licensed buttermakers and cheesemakers must pass a field inspection of their sampling procedures to continue to be authorized to weigh and sample milk with their buttermaker or cheesemaker license.
d) Consider updating the reference to the 3-A sanitary standard for tankers to reflect the name change due to the 2016 modifications to the standard.
e) Consider adding references to align the rule with the ch. NR 812 requirements surrounding water well construction and water pump installation practices and procedures. f) Consider adding or modifying language regarding the below items to bring ch. ATCP 82 into further compliance with Pasteurized Milk Ordinance (PMO) requirements: a. Requirements for a tanker cleaning facility.
b. Requirements for identification of individuals who complete sampling procedures on weight tickets.
c. Requirements for industry plant samplers to be a bulk milk weigher and sampler (BMWS) to take universal samples.
d. Requirement for two water samples to be taken annually
g) Consider editing or removing the current requirement to clean the external surfaces of a bulk milk tanker whenever a tanker is cleaned and sanitized, which is unnecessary from a food safety perspective.
h) Consider modifying language to clarify when a Grade A permitted facility needs to be used to clean tankers.
i) Consider adding language that milk and dairy pumps or hoses that remain unused for a period of more than four hours need to be cleaned and sanitized in a licensed facility to align ch. ATCP 82 with ch. ATCP 65. Chapter ATCP 65 states that no milk or dairy product may be held at a dairy plant for more than four hours at a temperature that is between 45 degrees Fahrenheit and 140 degrees Fahrenheit. This is due to the potential for bacterial growth. j) Consider adding language to allow for in-line sampling and metering systems on farms.
k) Consider modifying or removing language to clarify when milk that has been out of temperature controls for an unknown period of time should not be allowed to be picked up as it is a public health risk.
l) Consider adding or modifying language to clarify how to sample and measure milk on a farm or at a dairy plant if the sampler is only completing a single farm pick up.
m) Consider adding language to allow sampling and metering to be conducted from the Grade A permitted truck.
n) Consider adding language to allow scaling of milk at the plant, including information on where the samples are taken and how the weight records get back to the farm.
o) Consider adding or modifying language to account for silos being used as bulk milk tanks.
q) Consider modifying language to require agitation timeframes that follow manufacturer’s recommendations for tanks.
