Section 65.01. Definitions.

  In this chapter:

(1)  "Abnormal milk" means milk that is visibly changed in color, odor, or texture, or milk that contains chemical, medicinal, or radioactive agents, which may be deleterious to human health.

(2)  "Aseptic processing and packaging system" means a system that is intended to fill commercially sterilized and cooled milk or milk products into pre-sterilized containers, and then hermetically seal each container with a pre-sterilized closure, in an atmosphere free of microorganisms.

(3)  "Automated milking installation" or "AMI" means a robotic milking system that identifies, prepares and milks lactating animals; detects and segregates abnormal milk; and automatically cleans and sanitizes all milk contact surfaces, at least once daily and after the segregation of abnormal milk, such that normal milk is not adulterated.

(4)  "Bulk milk tanker" means a mobile bulk container used to transport milk, fluid milk products, whey, or whey cream in bulk from a dairy farm, or to or from a dairy plant, in this state. "Bulk milk tanker" includes a container, which is permanently mounted on a motor vehicle or that is designed to be towed by a motor vehicle, and includes all equipment and accessories related to the container. "Bulk milk tanker" does not include a container that is used by a milk producer solely to transport that producer's own milk to that milk producer's bulk tank or to a licensed dairy plant operated by that milk producer.

(5)  "Bulk milk weigher and sampler" means any person who collects official milk samples and may transport raw milk from a farm, or raw milk or fluid milk products to or from a dairy plant, receiving station or transfer station, and is licensed under s. ATCP 82.04 .

(6)  "Bulk tank" means a permanent or semi-permanent tank, container, or silo used to receive, cool, or store bulk quantities of milk on a dairy farm. "Bulk tank" does not include milk cans.

(7)  "Bulk tank unit" or "BTU" means at least one dairy farm that is rated as a single entity and given a single sanitation compliance and enforcement rating by the division.

(8)  "Bulk transport container" means a vehicle or container into which milk directly flows during milking and that a milk producer uses to ship the milk from a dairy farm to a dairy plant.

(9)  "C-I-P" means clean-in-place, which is the process by which equipment is cleaned and sanitized without being disassembled and by the mechanical circulation of cleaning and sanitizing solutions onto interior milk and dairy product contact surfaces.

(10)  "Composite sample" means a sample of milk that is collected from 2 or more milk shipments from the same milk producer and that is compiled and preserved according to s. ATCP 65.78 (4) .

(11)  "Cowyard" means an enclosed or unenclosed area, approximately adjacent to a milking barn or parlor, in which milking animals congregate. "Cowyard" includes milking animal walkways, feeding areas, watering areas, washing areas, and housing areas located outside but adjacent to a milking barn or parlor.

(12)  "Dairy farm" means a dairy farm, as defined in s. 97.22 (1) (a) , Stats., operated by a milk producer and includes a milkhouse.

(13)  "Dairy plant" means any of the following:

(a) A place where a dairy product is manufactured or processed for sale or distribution as human food.

(b) A receiving station.

(c) A transfer station.

(d) For the purposes of assigning milk producer license application responsibilities, a milk contractor, or any business under par. (a) or (b) of this section, that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter.

(14)  "Dairy plant operator" means a person who operates a dairy plant. "Dairy plant operator" includes the operator of a dairy plant located outside this state if the operator procures milk from producers located in this state. "Dairy plant operator" does not include a person identified under s. 97.20 (2) (e) , Stats.

(15)  "Dairy product" means any product defined as a dairy product in s. 97.20 (1) (b) 1. to 5. , Stats.

(16)  "Department" means the department of agriculture, trade and consumer protection.

(17)  "Division" means the department's division of food and recreational safety.

(18)  " Drug" has the meaning given in 21 USC 321 (g). "Drug" includes antibiotics and inhibitory substances.

(19)  "Equipment" means either:

(a) An implement, vessel, pipeline, machine, or apparatus, other than a utensil, and including C-I-P systems, that has one or more product contact surfaces and is used in moving, handling, storing, or processing dairy products at a dairy plant, or

(b) A n implement, vessel, machine, or apparatus, other than a utensil, that h as one or more milk contact surfaces that is used to draw milk from milking animals or to transport, hold, handle, cool, or store milk on a dairy farm.

(20)  "Fluid milk product" means cream, sour cream, acidified sour cream, half-and-half, sour half-and-half, whipped cream, concentrated milk, concentrated milk products, reduced fat milk, low fat milk, nonfat milk, flavored milk, buttermilk, cultured buttermilk, cultured milk, yogurt, low fat yogurt, nonfat yogurt, eggnog, holiday nog, nog-flavored milk, vitamin and mineral fortified milk or milk products, and any other fluid milk product made by adding any substance to milk or any of these products.

(21)  "Facility" has the meaning given in 21 CFR 117.3 .

(22)  "Frozen dessert" means ice cream, French ice cream, artificially sweetened ice cream, frozen custard, frozen yogurt, frozen concentrates, ice milk, sherbet, gelato, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured frozen-dessert mix, and frozen whipped cream confections. "Frozen dessert" includes frozen-dessert mix.

(23)  "Frozen-dessert mix" means a mixture of frozen dessert ingredients that has not yet been processed and frozen to create a frozen dessert. "Frozen-dessert mix" includes a mix of previously pasteurized dry dairy ingredients that is combined with potable water to create a liquid mix.

(24)  "Grade A dairy farm" means a dairy farm owned or operated by a licensed producer for which a Grade A permit is required under s. ATCP 65.02 (11) and s. 97.22 (3) , Stats.

(25)  "Grade A dairy plant" means a dairy plant required to hold a permit under s. ATCP 65.04 (14) and s. 97.20 (3) , Stats.

(26)  "Grade A dairy product" means a fluid milk product that is produced from grade A milk and processed and distributed in compliance with grade A standards under this chapter.

(27)  " Grade A milk" means milk produced, processed, and distributed in compliance with Grade A requirements under this chapter.

(28)  "Grade A producer permit" means a grade A dairy farm permit under s. 97.22 (3) , Stats.

(29)  "Grade B dairy plant" means a dairy plant other than a grade A dairy plant.

(30)  "Grade B dairy product" means a dairy product other than a grade A dairy product.

(31)  " Grade B dairy farm" means a dairy farm other than a grade A farm.

(32)  "Grade B milk" means milk other than grade A milk, that is used in the production of dairy products that are not grade A milk products as defined in s. 97.20 (1) (f) , Stats.

(33)  "HHST" means higher heat shorter time.

(34)  "HTST" means high temperature short time.

(35)  "Key violation" means any of the following:

(a) A repeat violation of any dairy farm standard under subch. II , as determined on 2 consecutive inspections of a dairy farm.

(b) An initial violation of any dairy farm standard under subch. II if the violation creates a substantial risk of milk adulteration, whether or not the violation constitutes an imminent health hazard. The following conditions are considered key violations under this paragraph unless a division representative determines, under all of the surrounding circumstances, that they do not create a substantial risk of milk adulteration:

1. Unclean milk contact surfaces of equipment or utensils.

2. Filthy conditions in a milking barn or parlor, such as several days' accumulation of manure in gutters or other areas.

3. Filthy conditions in a cowyard that could reasonably be expected to result in milking animals having very dirty flanks, udders, and teats.

4. Filthy conditions in a milkhouse.

5. Water supply, water pressure, or water heating facilities not in compliance with this chapter.

6. No access to a toilet facility on the farm premises, or to a handwashing facility in the milkhouse.

7. Violation of standards under this chapter related to well construction or potability of water supply, including any cross connection between potable and non-potable water sources.

8. Lack of an approved sanitizer in the milkhouse or adjacent storage areas that could be used to meet the sanitizing requirements under s. ATCP 65.12 (5) .

9. Visibly dirty udders and teats on milking animals being milked.

10. Milk not cooled in compliance with s. ATCP 65.18 (4) .

11. Rodent activity in the milkhouse.

12. Dead animals in the milking barn or cowyard.

13. Violations of standards related to the design, construction or installation of equipment or utensils, if the violation creates a substantial risk of adulteration.

(c) Two or more initial violations of dairy farm standards under subch. II that combine to create a substantial risk of milk adulteration, whether or not the violations individually create a substantial risk of adulteration.

(36)  "Milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy milking animals, and includes skim milk and cream.

(37)  "Milk component test" means a test that determines the amount of milkfat, protein, total solids, solids-not-fat, or other components in milk, and that may affect the price that a dairy plant operator, including a milk contactor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter, pays a milk producer for milk.

(38)  "Milk component testing device" means an automated testing device used to perform milk component tests.

(39)  " Milk contact surfaces" means all surfaces of equipment or utensils that may come in contact with milk, or from which liquids may drain, splash, or be drawn into milk.

(40)  "Milk contractor" means a milk contractor, as defined in s. 126.40 (8) , Stats., that may submit a milk producer license application on behalf of a milk producer and thereby certify that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter.

(41)  "Milk producer" means a milk producer as defined in s. 97.22 (1) (f) , Stats.

(42)  "Milk quality test" means a bacteria count, somatic cell count, drug residue test, milk component test, or other analytical test, that is used to determine compliance with milk quality standards under s. ATCP 65.70 or 65.74 or that may affect the price that a dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter, pays a milk producer for milk.

(43)  "Milkhouse" means an enclosed facility, separated from the milking barn or parlor by a self-closing door, in which milk is cooled or stored and in which equipment and utensils are cleaned, sanitized, and stored. "Milkhouse" includes a milkhouse sharing one or more walls with a milking barn or parlor.

(44)  " Milking and milk handling system" means an automated system, and all components of that system, used to draw milk from milking animals or to transport milk to a bulk tank or other container on a dairy farm. "Milking and milk handling system" includes C-I-P milking equipment and C-I-P milk pipelines.

(45)  "Milking animals" means all of the following:

(a) Cows, sheep, and goats.

(b) Other hooved or camelid mammals whose milk is collected and distributed for human consumption.

(46)  "Milking barn" means a roofed and enclosed facility, other than a milking parlor, in which milking animals are milked on a dairy farm.

(47)  "Milking parlor" means either of the following:

(a) A roofed and enclosed facility that is designed and used year-round exclusively for the milking of milking animals, and that is not designed or used to house any animals.

(b) A seasonal facility constructed without walls that is used exclusively for the milking of milking animals and that is not designed or used to house any animals.

(48)  "Multi-use package" means a returnable bottle or other package that is designed for repeated use.

(49)  "Package" means a container or wrapping, having one or more product contact surfaces, that is designed or used to enclose a dairy product sold or shipped from a dairy plant. "Package" includes package covers and other package components. "Package" includes all of the following:

(a) A returnable bottle or other multi-use package.

(b) A single-service package.

(c) A bulk or shipping container, other than a bulk milk tanker, that has one or more product contact surfaces and is used for the sale or shipment of a dairy product from a dairy plant.

(50)  "Pasteurize" and "pasteurization" means to thermally process every particle of a dairy product in properly designed and operated equipment according to subch. IV , in order to destroy pathogenic microbes in that dairy product. "Pasteurize" includes batch pasteurization, HTST pasteurization, HHST pasteurization, UHT pasteurization, and other equally effective pasteurization processes that are approved by the division in writing.

(51)  "PMO" means the Grade A Pasteurized Milk Ordinance, 2013 revision, published by the United States department of health and human services, public health service, food and drug administration.

(52)  "Person" means an individual, partnership, firm, cooperative, association, or any other business unit or entity.

(53)  "Potable water" means water that meets the microbiological standards in ch. NR 809 .

(54)  "Potentially hazardous food" has the meaning given in Section 1-201-10 (B) (66), ch. ATCP 75 Appendix (Wisconsin Food Code).

(55)  "Processing" means pasteurizing, manufacturing, blending, or packaging dairy products, or cooling dairy products previously treated by one of the preceding unit operations.

(56)  "Processing plant" means a dairy plant at which dairy products are processed.

(57)  " Procure milk" means to buy milk or acquire the right to market milk from a milk producer licensed under this chapter.

(58)  "Product contact surface" means a surface of equipment or a surface of a utensil or package with which a dairy product normally comes in direct contact, or from which materials may drain, drip, or be drawn into a dairy product.

(59)  "Qualified facility" has the meaning given in 21 CFR 117.3 .

(60)  "Receive milk from a milk producer" means to receive milk for which payment will be made to a milk producer, or a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter.

(61)  "Receiving station" means a facility that is designed for the receipt and bulk storage of milk and is used to receive or store milk in bulk. "Receiving station" does not include a processing plant or a facility used to distribute pasteurized milk in bottled or packaged form to consumers.

(62)  "Recombined dairy product" means a dairy product created by recombining separated dairy product components.

(63)  "Reconstituted dairy product" means a dairy product created by restoring water to dehydrated dairy product ingredients.

(64)  " Reinspection" means any of the following:

(a) A dairy farm inspection, other than a regularly scheduled inspection under s. ATCP 65.910 (2) or 65.912 , the division makes in response to a key violation.

(b) A dairy farm inspection, other than a regularly scheduled inspection under s. ATCP 65.910 (2) or 65.912 , for which a fee is chargeable under s. ATCP 65.70 (2) (g) , 65.72 (10) , 65.920 (4) , 65.920 (7) , or 65.922 (2) (c) .

(c) A dairy plant inspection, other than a regularly scheduled inspection under s. ATCP 65.930 (2) , that the division makes in response to a violation for which a fee is chargeable under s. ATCP 65.04 (11) .

(65)  "Safe temperatures", as applied to refrigerated potentially hazardous foods means temperatures of 45 ° F. (7 ° C.) or below. As applied to heated, potentially hazardous foods, "safe temperatures" means temperatures of 135 ° F. (57 ° C.) or above. As applied to frozen foods, "safe temperatures" means temperatures of 0 ° F. (-17 ° C.) or below.

(66)  "Sanitize" means to destroy pathogens and other microorganisms to the maximum extent practicable, by applying a sanitizer at concentrations in compliance with 21 CFR part 178.1010 , or by applying a sanitizing method approved by the division, to an otherwise clean surface.

(67)  " Secretary" means the secretary of the department.

(68)  "Shipping container" means a box, carton, or similar container in which packaged dairy products are shipped in bulk from a dairy plant.

(69)  "Single-service articles" means utensils, including containers or packages, filters, and other articles, that are designed to be used only once before disposal.

(70)  "Standard of identity" means a dairy product standard of identity in 21 CFR 131 , 133 , 135.3 , 135.110 to 135.140 , 168.122 , 184.1979 , 184.1979 a, and 184.1979c; or in 21 USC 321a and 321c .

(71)  "Transfer station" means a facility that is designed and used solely to transfer milk from one bulk transport container to another without intervening storage.

(72)  "UHT" means ultra-high temperature.

(73)  " Utensil" means any hand-held or similarly portable container, device, article, or implement that has one or more milk contact surfaces and is used for any of the following:

(a) To draw milk from milking animals or to transport, hold, strain, handle, or store milk on a dairy farm.

(b) To process or handle milk or dairy products at a dairy plant.