Section 65.36. Receiving milk and dairy products.

 

(1)   Milk from dairy farms.

(a) No dairy plant operator may collect or receive milk from a dairy farm located in this state, unless the milk producer holds a current milk producer license for that dairy farm under s. 97.22 (2) , Stats., and s. ATCP 65.02 .

(b) No dairy plant operator may collect or receive a milk shipment from a dairy farm in this state unless a person, licensed under s. 97.17 or 98.146 , Stats., does all the following before that milk shipment is commingled with milk from any other dairy farm:

1. Collects a sample of milk from the shipment, according to s. ATCP 65.38 .

2. Accurately measures and records the temperature and quantity of milk in the shipment.

(2)   Grade A milk from dairy farms. No dairy plant operator may collect or receive as grade A milk any of the following:

(a) Milk from a dairy farm in this state, unless the milk producer holds a current grade A permit for that dairy farm under s. 97.22 (3) , Stats., and s. ATCP 65.02 (10) .

(b) Milk from a dairy farm in any other state, unless the milk producer holds a current grade A permit for that dairy farm from the responsible regulatory authority in that state.

(3)   Bulk milk tanker deliveries and shipments.

(a) No dairy plant operator may receive or ship any grade A milk or grade A fluid milk products transported in a bulk milk tanker, unless the bulk milk tanker operator holds a current grade A permit for that bulk milk tanker issued under s. 97.21 (2) , Stats., and s. ATCP 82.02 (7) or issued by another state's regulatory agency.

(b) Before a dairy plant operator unloads milk from a bulk milk tanker or commingles it with milk from another milk producer, the dairy plant operator shall test the bulk shipment for drug residues according to s. ATCP 65.72 (3) .

(c) An on-farm dairy plant may not receive milk from the same dairy farm which is transported by means other than a bulk milk tanker unless each bulk shipment of milk is sampled and the milk is tested for drug residues according to s. ATCP 65.72 (3) . After the sampling, all remaining unpasteurized milk shall be pasteurized and all equipment that contacted the unpasteurized milk shall be cleaned and sanitized before the next receipt of unpasteurized milk by the dairy plant. The sample of milk shall be obtained from one of the following locations:

1. The dairy farm bulk milk tank or silo.

2. An unpasteurized milk tank, silo, other unpasteurized milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

(4)   Grade A dairy plant may not receive grade B milk. A grade A dairy plant operator may not process grade B milk at a grade A dairy plant unless the division authorizes that processing in writing. A grade A dairy plant operator may not receive, transfer, or process grade A milk or dairy products through the same equipment used to receive, transfer, or process grade B milk or dairy products unless the dairy plant operator first rinses the equipment.

(5)   Manufactured dairy ingredients; approved sources. Manufactured dairy ingredients used in the manufacture or processing of dairy products shall originate from dairy plants licensed under s. 97.20 , Stats., and this chapter, or licensed or inspected under laws of other states or nations deemed acceptable by the FDA.

(6)   Receiving facilities.

(a) A dairy plant's facilities for receiving milk shipments shall be constructed and maintained in compliance with s. ATCP 65.24 and shall be separated from other areas of the dairy plant as required by s. ATCP 65.24 (7) .

(b) An on-farm dairy plant may not receive milk from the same dairy farm unless the milk is transported in a bulk milk tanker and received in a facility complying with s. ATCP 65.24 or stored on the dairy farm in a bulk milk tank or silo that is directly connected to an raw milk tank, silo, other raw milk storage container, or vat pasteurizer raw milk receptacle in the dairy plant.

(7)   Cleaning and sanitizing bulk milk tankers. A dairy plant operator shall ensure that bulk milk tankers transporting milk or dairy products to or from a dairy plant are cleaned and sanitized after each day's use as required by s. ATCP 82.08 .

(8)   Cleaning and sanitizing milk cans. If a dairy plant operator receives raw milk in cans, the dairy plant operator shall clean, sanitize, and thoroughly dry those cans before the cans are removed from the dairy plant for reuse. Can washing equipment shall be kept clean and in good repair.

CR 14-073 : cr. Register August 2016 No. 728 , eff. 9-1-16; correction in (3) (a) made under s. 13.92 (4) (b) 7. , Stats., Register August 2016 No. 728 .

Note

A dairy plant operator shall comply with applicable requirements under subch. V, which requires dairy plant operators to sample and test producer milk and report test results. Dairy plant operators must reject milk shipments and take follow-up action in some cases. Microsoft Windows NT 6.1.7601 Service Pack 1