Section 65.922. Enforcement actions taken in response to drug residue violations.

 

(1)   Warning notice. Whenever the division receives notice under s. ATCP 65.72 (9) that a milk producer milk sample has yielded a confirmed positive test result for drug residue, the division shall mail a warning notice to that milk producer. The warning notice takes effect 3 business days after it is mailed. The warning notice shall include all of the following:

(a) A description of the positive drug residue findings that caused the division to issue the notice.

(b) The deadlines and penalties specified in subs. (2) , (4) , or (5) .

(c) Notice of the milk producer's right to hearing under sub. (6) .

(d) Notice that a division representative will conduct an investigation under sub. (3) .

(2)   Deadlines and penalties after a first violation in 12 months.

(a) Grade A producer permit suspension; 21-day deadline. The warning notice under par. (a) shall state that, no less than 21 days after the effective date of the warning notice, the department will suspend the milk producer's grade A producer permit unless, prior to that date, the milk producer certifies to the division that the milk producer has implemented a drug residue prevention program on the milk producer's dairy farm in consultation with a licensed veterinarian.

(b) Notice suspending grade A producer permit. If the division does not receive a milk producer certification within the 21-day period specified under sub. (2) (a) , the department shall mail a notice to the milk producer suspending the milk producer's grade A producer permit. The suspension notice shall comply with s. ATCP 65.925 . The suspension notice takes effect when the suspension notice is served under s. ATCP 65.925 (6) . The division shall notify the dairy plant operator or milk contractor who procures milk from the milk producer of the suspension, and shall provide that dairy plant operator or milk contractor with a copy of the suspension notice.

(c) Grade A producer permit reinstatement. If the department suspends a milk producer's grade A producer permit, under par. (a) , the milk producer may request the department to reinstate the permit. Written notice of the reinstatement process shall be included in the suspension notice under par. (a) , and shall also be provided to the milk producer at the time of suspension.

1. The milk producer shall file the reinstatement request in writing, on a form provided by the department, under s. ATCP 65.925 (4) . The request shall include a certification or attestation that the milk producer has implemented a drug residue prevention program on the milk producer's dairy farm in consultation with a licensed veterinarian.

2. Within 7 business days after the department receives a complete reinstatement request under subd. 1. , the division shall inspect the milk producer's dairy farm. The department shall charge a reinspection fee for the inspection, pursuant to s. ATCP 65.02 (19) . If, upon inspection, it appears that all conditions potentially responsible for the positive drug residue finding have been corrected and the milk producer has implemented a qualified drug residue prevention program in consultation with a licensed veterinarian, the division representative shall reinstate the milk producer's grade A producer permit and shall notify the dairy plant operator or milk contractor of the reinstatement within 24 hours.

3. If a milk producer does not request reinstatement under subd. 1. , within 6 months after the milk producer's grade A producer permit is suspended under par. (a) , the permit is revoked automatically at the end of the 6-month period. A permit, once revoked, may not be reinstated unless the milk producer files a new application under s. ATCP 65.02 (11) . This subdivision does not apply if the milk producer contests the grade A producer permit suspension and the contested case proceeding is pending. The time limit for the reinstatement request is measured from the conclusion of the contested case proceedings concerning the suspension of the milk producer's grade A producer permit.

(d) Milk producer license suspension; 45-day deadline. The warning notice under par. (a) shall state that, no less than 45 days after the effective date of the warning notice, the department will initiate action to suspend the milk producer's license unless, prior to that date, the milk producer certifies to the division that the milk producer has implemented a drug residue prevention program on the milk producer's dairy farm in consultation with a licensed veterinarian.

(e) Milk producer license suspension; failure to implement drug residue prevention program. If the division does not receive a milk producer certification within the 45-day period specified under par. (d) , the division shall file a complaint asking the department to suspend the milk producer's license until the milk producer implements a drug residue prevention program.

(3)   Investigation. After the division issues a warning notice under sub. (1) , the division representative shall conduct an investigation to determine the cause of the drug residue violation and to identify milk producer actions that may be necessary to prevent future violations. The division may direct the dairy plant operator or milk contractor who procures milk from the milk producer to conduct the investigation as the division's agent and report its findings to the division, in writing.

(4)   Deadline and penalties after a second violation within 12 months. If, at least 24 hours and not more than 12 months after a confirmed positive drug test result is reported to the division, the division receives a notice under s. ATCP 65.72 (9) of another confirmed positive drug residue test result on a milk sample from a shipment received from the dairy farm operating under the same milk producer license, a warning notice under sub. (1) (a) shall be mailed to the milk producer. The warning notice takes effect 3 business days after it is mailed and shall include the information under sub. (1) (a) , (c) , and (d) . The warning notice shall state that the department shall suspend the milk producer license under s. ATCP 65.920 for at least 5 days unless the milk producer agrees within 15 days of the warning notice taking effect to do all of the following:

(a) Discard one shipment of milk, as defined by the department, pursuant to s. ATCP 65.72 (7) , or pay a civil forfeiture for the maximum amount, under s. 97.72 (2) , Stats., for one violation of this subsection.

(b) Attend and present a certificate of completion for a drug residue prevention course approved by the department within 180 days of the warning notice taking effect. The certificate of course completion shall be signed by the milk producer, a licensed veterinarian, and the field representative of the dairy plant to which the milk producer's milk is shipped.

(5)   Deadline and penalties after a third violation within 12 months. If, at least 24 hours after a second confirmed positive drug residue test result is reported to the division under sub. (4) , and not more than 12 months after a first confirmed positive drug residue test result is reported to the division under sub. (4) , the division receives a notice under s. ATCP 65.72 (9) of another confirmed positive drug residue test result on a milk sample received from the dairy farm operating under the same milk producer license, a warning notice under sub. (1) (a) shall be mailed to the milk producer. The warning notice takes effect 3 business days after it is mailed and shall include the information under sub. (1) (a) , (c) , and (d) . The warning notice shall state that the department shall suspend the milk producer's grade A producer permit, under s. ATCP 65.920 , for at least 10 days unless the milk producer agrees within 15 days of the warning notice taking effect to do all of the following:

(a) Discard two shipments of milk, as defined by the department, pursuant to s. ATCP 65.72 (7) , or pay a civil forfeiture for the maximum amount, under s. 97.72 (2) , Stats., for two violations of this subsection.

(b) Develop and implement a drug residue prevention program approved by the department and present documentation indicating that this program has been implemented for at least 90 days after the warning notice taking effect.

(6)   Right to informal hearing. If a milk producer receiving a warning notice under this section disputes the drug residue findings on which the notice is based, the milk producer may request an informal hearing to discuss the drug residue findings. A request for hearing does not automatically stay the warning notice. If the milk producer requests an informal hearing, the division shall hold an informal hearing at the division's office or by telephone. The division shall hold the informal hearing within 20 days after the division receives the request for hearing, unless the milk producer agrees to a later hearing date. The division may withdraw a warning notice if it appears that the notice was not justified.

CR 14-073 : cr. Register August 2016 No. 728 , eff. 9-1-16; correction in (5) made under s. 35.17 , Stats., Register August 2016 No. 728 .

Note

The drug residue prevention program under this section should conform to the "Milk and Dairy Beef Quality Assurance Program" published by Agri-Education, Inc. A copy of that manual is on file with the division and the legislative reference bureau and may be obtained from the Milk & Dairy Beef Quality Assurance Center, 801 Shakespeare Avenue, Stratford, Iowa, 50249, telephone [phone], website www.dqacenter.org/catalog.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 The drug residue prevention course shall cover proper administration of animal medications, be approved by the department, and require collaboration between the milk producer and a licensed veterinarian. Microsoft Windows NT 6.1.7601 Service Pack 1