Section 65.70. Milk quality standards for milk collected from a dairy farm.

  Milk received or collected from a dairy farm shall comply with all of the following standards at the time of receipt or collection:

(1)   Adulteration and odors. The milk shall not be visibly or otherwise adulterated, have any objectionable odor, or be abnormal in appearance or consistency.

(2)   Bacterial count.

(a) Limits. The bacterial count of grade A milk, as determined by a standard plate count, plate loop count or other method approved by the division under this subchapter, shall not exceed 100,000 per ml. The bacterial count of grade B milk shall not exceed 300,000 per ml. Except as provided under par. (f) , a dairy plant operator is not required to reject milk shipments in response to a violation of this subsection unless the division suspends or revokes the milk producer's license or grade A producer permit, or issues an order affecting the milk shipments under s. ATCP 65.927 .

(b) Monthly testing required. During every month in which a dairy plant operator or a milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall perform at least one standard plate count (SPC) or plate loop count (PLC) on a milk sample obtained from the producer under s. ATCP 82.12 . A dairy plant operator shall perform tests under this section and s. ATCP 65.76 on the same milk samples.

(c) New milk producer; initial testing. A dairy plant operator or a milk contractor licensed as a dairy plant shall perform a SPC or PLC on a milk sample collected from the first milk shipment received from a milk producer. The dairy plant operator shall report the test result to the department and the milk producer within 7 days after the dairy plant operator obtains the test result.

(d) Monthly reporting. For each month in which a dairy plant operator or milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall report to the division and the milk producer at least one representative test result under par. (b) for a milk shipment procured in that month. The dairy plant operator shall report the test result within 7 days after the operator obtains the test result.

(e) Representative test results. A test result is not representative, for reporting purposes under this subsection unless all the following apply:

1. The dairy plant operator collects the test sample according to a uniform sampling schedule that the operator applies to all milk producers who ship milk to the operator's dairy plant.

2. The dairy plant operator reports the test result according to standard reporting criteria that the operator applies to all milk producers who ship milk to the dairy plant operator's dairy plant.

(f) Immediate response level; reporting and follow-up. If a bacterial count under this section or s. ATCP 65.76 exceeds 750,000 per ml., the dairy plant operator shall do all the following:

1. Report the test result to the division and the milk producer within 3 business days after the operator obtains the test result.

2. Perform a confirmatory bacteriological test on at least one more sample of milk collected from the milk producer's dairy farm. The dairy plant operator shall collect the confirmatory sample within 14 days after the date on which the dairy plant operator collected the original sample. The dairy plant operator shall report the confirmatory test result to the division and the milk producer within 3 business days after the operator obtains the test result.

3. Reject milk shipments from the dairy farm if the confirmatory test shows a bacterial count in excess of 750,000 per ml. The milk producer may not ship milk from the dairy farm to any dairy plant until a dairy plant operator conducts another test and finds that milk from the farm has a bacterial count not more than 750,000 per ml.

(g) Division inspection; reinspection fee. The division may inspect a dairy farm in response to any bacterial count reported to the division under this section. If the division inspects a dairy farm in response to a confirmatory bacterial count of more than 750,000 per ml. under par. (f) , the division shall charge a reinspection fee under s. ATCP 65.02 (19) . The division may not charge a reinspection fee if the confirmatory bacterial count does not exceed 750,000 per ml., or if the division inspects more than 3 weeks after the division receives the confirmatory bacterial count.

(h) Laboratory reporting. A laboratory that performs tests under this section for a dairy plant operator may report the test results for the dairy plant operator.

(i) Electronic reporting. A dairy plant operator or laboratory shall report test results under this section in an electronic form approved by the division.

(3)   Drug residues. The milk shall not contain any drug residue. A dairy plant operator or milk contractor licensed as a dairy plant shall test each load of milk received from each milk producer for drug residues in accordance with s. ATCP 65.72 .

(4)   Somatic cell count.

(a) Limits. The somatic cell count of cow or sheep milk, as determined by a direct microscopic somatic cell count, an electronic somatic cell count, or other method approved by the division under this subchapter, shall not exceed 750,000 cells per ml. The somatic cell count of goat milk, as determined by the Pyronin Y Methyl green stain test, shall not exceed 1,500,000 cells per ml. Except as provided under par. (g) , a dairy plant is not required to reject milk shipments in response to a violation of this subsection unless the department suspends or revokes the milk producer's license or grade A producer permit, or issues an order affecting the milk shipments under s. ATCP 65.927 .

(b) Monthly Testing Required. During every month in which a dairy plant operator or milk contractor licensed as a dairy plant receives milk from a milk producer, the dairy plant operator shall perform at least one somatic cell count on a milk sample obtained from the producer under s. ATCP 82.12 . If the dairy plant operator tests more than one milk sample each month, the dairy plant operator shall collect the samples at regular intervals throughout the month. A dairy plant operator shall perform tests under this subsection and s. ATCP 65.76 on the same milk samples.

(c) New milk producer; initial testing. A dairy plant operator or milk contractor licensed as a dairy plant shall perform a somatic cell count on a milk sample collected from the milk shipment received from a milk producer. The operator shall report the test result to the division and the producer within 7 days after the operator obtains the test result.

(d) Test methods. A somatic cell count under this subsection shall be a direct microscopic somatic cell count or an electronic somatic cell count. If the somatic cell count on goat milk exceeds 1,500,000 per ml., the somatic cell count shall be confirmed using the Pyronin Y Methyl green stain test, unless that test was used to obtain the initial count.

(e) Monthly reporting. For each month in which a dairy plant operator or milk contractor licensed as a dairy plant receives milk shipments from a milk producer, the dairy plant operator shall report to the division and the producer at least one representative somatic cell count under sub. (4) for a milk shipment procured in that month. The dairy plant operator shall report the somatic cell count within 7 days after the dairy plant operator obtains the count.

(f) Representative somatic cell counts. A somatic cell count is not representative, for reporting purposes under sub. (4) , unless all the following apply:

1. The dairy plant operator collects the test sample according to a uniform sampling schedule that the dairy plant operator applies to all milk producers who ship milk to the same dairy plant.

2. The dairy plant operator reports the somatic cell count according to standard reporting criteria that the dairy plant operator applies to all milk producers who ship milk to the same dairy plant.

(g) Immediate response level; reporting and follow-up. If a somatic cell count under this section exceeds 1,000,000 per ml. for cow or sheep milk, the dairy plant operator shall do all the following:

1. Report the somatic cell count to the division and the milk producer within 3 business days after the operator obtains the somatic cell count.

2. Perform a confirmatory somatic cell count on at least one more sample of milk collected from the milk producer's dairy farm. The dairy plant operator shall collect the confirmatory sample within 14 days after the date on which the operator collected the original sample. The dairy plant operator shall report the confirmatory somatic cell count to the division and the milk producer within 3 business days after the dairy plant operator obtains the confirmatory count.

3. Reject milk shipments from the dairy farm if the confirmatory somatic cell count under par. (2) still exceeds 1,000,000 per ml. The milk producer may not ship cow or sheep milk from the dairy farm to any dairy plant until a dairy plant operator conducts another somatic cell count and finds that the count no longer exceeds this number.

(h) Laboratory reporting. A laboratory that performs somatic cell counts under this subsection for a dairy plant operator may report the somatic cell counts for the dairy plant operator.

(5)   Temperature. The temperature of milk received or collected from a dairy farm more than 2 hours after the most recent milking shall not exceed 45 ° F. (7 ° C.), or 50 ° F. (10 ° C.) in the case of grade B milk in cans. The temperature of blended milk, consisting of milk from 2 or more milkings, that was received or collected less than 2 hours after the most recent milking shall not exceed 45 ° F. (7 ° C.)

(6)   Pesticides and toxic substances. The milk shall be free of pesticides and toxic substances.

CR 14-073 : cr. Register August 2016 No. 728 , eff. 9-1-16; correction in (4) made under s. 35.17 , Stats., Register August 2016 No. 728 .

Note

Under s. ATCP 65.920 the department will suspend a producer's grade A farm permit if 3 of the last 5 bacterial counts reported to the department under this section exceed the grade A standard of 100,000 per ml. under s. ATCP 65.70 (2) . The department will suspend the producer's grade A permit regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section. Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. ATCP 65.920 the department may suspend a milk producer's license if bacterial counts continue to exceed the grade B standard of 300,000 per ml. under s. ATCP 65.70 (2) . The department may suspend the producer's license regardless of whether any bacterial count exceeds the immediate response level of 750,000 per ml. under this section. If 2 of the last 4 bacterial counts reported to the department under this section exceed the grade B standard of 300,000 per ml., the department will, at a minimum, send a warning notice to the producer. Microsoft Windows NT 6.1.7601 Service Pack 1 Somatic cell tests must be performed using methods prescribed under s. ATCP 65.78 (3) . The maximum time between sample collection and testing depends on the test method used. Microsoft Windows NT 6.1.7601 Service Pack 1 The department will suspend a grade A farm permit if 3 of the last 5 reported somatic cell counts exceed the standard under s. ATCP 65.70 (4) , regardless of whether any somatic cell count exceeds the immediate response level under this subsection. See s. ATCP 65.920 . Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. ATCP 65.920 , the department may suspend a milk producer license if somatic cell counts continue to exceed the standard under s. ATCP 65.70 (4) , regardless of whether any somatic cell count exceeds the immediate response level under this subsection. If 2 of the last 4 reported somatic cell counts exceed the standard under s. ATCP 65.70 (4) , the department will at least send a warning notice to the producer. See s. ATCP 65.920 . Microsoft Windows NT 6.1.7601 Service Pack 1