ATCP 65.04(15)(a)(a) A grade A receiving station or transfer station operated at the same location, and by the same person, as a grade A processing plant covered by a permit under sub. (14).

ATCP 65.04(15)(b)(b) A grade A transfer station operated at the same location, and by the same person, as a grade A receiving station covered by a permit under sub. (14).

ATCP 65.04(16)(16) Grade A permit application. An application for a grade A dairy plant permit shall be made on a form provided by the department. A grade A permit application may be made in conjunction with a dairy plant license application under sub. (2).

ATCP 65.04(17)(17) Surcharge for operating without a grade A permit. An applicant for a grade A dairy plant permit shall pay a permit surcharge of $100 if the department determines that, within 365 days before submitting the permit application, the applicant operated the dairy plant as a grade A dairy plant without a grade A permit in violation of sub. (14). Payment of the surcharge does not relieve the applicant of any other civil or criminal liability that results from the operation of a grade A dairy plant without a grade A permit, but does not constitute evidence of any violation of law.

ATCP 65.04(18)(18) Action on grade A permit application; deadline. The department shall grant or deny a permit application, under sub. (16), within 40 days after the department receives a complete application or before the expiration of any temporary permit issued under sub. (19), whichever occurs later.

ATCP 65.04(19)(19) Temporary grade A permit. The department may issue a temporary grade A permit to an applicant, under sub. (16), pending final action on that person’s permit application. A temporary permit may be issued for a period of not more than 40 days and may not exceed the term of the dairy plant license or temporary license. If the department denies a permit application before the term of the temporary permit expires, the temporary permit is automatically terminated when the applicant receives notice of the denial. The department may not issue a temporary permit in response to a permit renewal application by the holder of an existing permit.

ATCP 65.04(20)(20) Prerequisites for grade A permit. The department may not issue or renew a grade A dairy plant permit, or issue a temporary permit under sub. (19), unless all of the following conditions are met:

ATCP 65.04(20)(a)(a) The permit applicant holds a dairy plant license under this section or the department issues the permit and license simultaneously. The department may issue a temporary grade A permit, under sub. (19), to an applicant holding a temporary dairy plant license under sub. (5) or may issue the temporary permit and temporary license simultaneously.

ATCP 65.04(20)(b)(b) The division inspects the dairy plant if the dairy plant is not currently covered by a grade A dairy plant permit.

ATCP 65.04(20)(c)(c) The applicant pays any surcharge, set forth in a statement from the department, which is due and payable by the applicant under sub. (9). The department shall refund a surcharge paid under protest if the department determines that the surcharge was not due and payable under sub. (9).

ATCP 65.04(21)(21) Grade A standards. A grade A dairy plant shall comply with standards applicable to the receipt, testing, transfer, processing, and distribution of grade A milk and grade A milk products under this chapter. A grade A dairy plant may not receive, transfer, or process grade B milk unless the receipt, transfer, or processing is authorized by the division in writing.

ATCP 65.04 HistoryHistory: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (1) (a), (b) (intro.), 6., (2) (intro.), (7) (intro.), (9) (a), (b), (16), (20) (a) Register August 2016 No. 728.

ATCP 65.06ATCP 65.06 Milking barn or parlor. All milking operations on a dairy farm shall be conducted in a milking barn or parlor, which shall be constructed and maintained in compliance with the following requirements:

ATCP 65.06(1)(1) Floors and gutters; construction. Except as authorized by the division in writing, floors, gutters, and gutter covers in milking barns and parlors shall comply with all of the following requirements:

ATCP 65.06(1)(c)(c) They shall be sloped to drain sufficiently to prevent pooling of liquids and shall be free of excessive breaks or worn areas that may allow pooling of liquid wastes. Floors and gutters constructed after July 1, 1989, shall have a slope of at least one inch per 10 feet.

ATCP 65.06(2)(2) Manure handling systems. Gravity flow manure handling systems and liquid manure storage under milking barns shall comply with applicable standards contained in PMO Appendix C, “Dairy Farm Construction Standards and Milk Production.”

ATCP 65.06 NoteNote: Copies of the PMO, including Appendix C, are on file with the division and the legislative reference bureau. Copies are available online at www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/milk.

ATCP 65.06(3)(3) Walls and ceilings; construction. Walls and ceilings in milking barns and parlors shall be constructed and maintained so that they can be kept clean. Walls and ceilings shall be painted, whitewashed or otherwise finished so that they are light colored and easy to clean. Ceilings shall be constructed and maintained to prevent dust and chaff from entering the milking barn or parlor from above. The wall finish and wall cleaning requirements under this subsection do not apply to seasonal milking parlors constructed without walls.

ATCP 65.06(4)(4) Lighting. Natural or artificial lighting, or both, shall be provided in milking barns and parlors to ensure illumination that allows evaluation of teat and milking equipment cleanliness for daytime and nighttime milking operations. Except where additional lighting is required for milking parlors under sub. (10), there shall be at least 10 foot-candles of illumination in all working areas where milking operations are being performed.

ATCP 65.06(5)(5) Ventilation. Ventilation in milking barns and parlors shall be adequate to prevent visible condensation on walls and ceilings, and to prevent excessive odors.

ATCP 65.06(6)(6) Animals excluded. No swine, fowl, or non-milking livestock may be housed in, or allowed to enter a milking barn or parlor. Milking areas shall be kept free of excrement from non-milking livestock.

ATCP 65.06(7)(7) Maintenance and cleanliness; general. The interior of every milking barn or parlor, and all areas used in connection with milking operations, shall be kept clean and in a good state of repair. Floors, gutters, walls, ceilings, animal confinement facilities, pipelines, and equipment shall be kept free of accumulated litter and filth. Bedding material shall be clean and dry. Milk stools, surcingles, and anti-kickers shall be kept clean, and shall be stored above the floor when not in use. Manure shall be removed from milking barns daily, and after every milking in a milking parlor.

ATCP 65.06(8)(8) Feed storage and handling. Dust-tight covered containers or separate storage facilities shall be used to store ground, chopped, or concentrated feed. Feed may be stored in the milking portion of the barn only in a manner that does not increase the dust content of the air, attract flies, or interfere with the cleaning of the floor. Open feed dollies or carts may be used for distributing feed, but not for storing feed in the milking barn.

ATCP 65.06(9)(9) Overcrowding prohibited. Areas used for milking operations shall not be overcrowded.

ATCP 65.06 NoteNote: Evidence of overcrowded conditions may include inadequate ventilation, excessive odors, livestock in walks or feed alleys, or non-milking livestock tied between milking animals in a milking line.