Section 65.927. Holding orders; identification and disposal of adulterated milk.

 

(1)   Holding order. Whenever a division representative has reasonable cause to believe that milk or a milk product examined by the division representative is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of a purchaser or consumer, the division representative may issue a temporary holding order to allow for further testing or examination of the milk or milk product, pursuant to s. 97.12 (2) , Stats. A holding order shall be written and shall identify the milk or milk product that is subject to the holding order. The division may extend or terminate a holding order by written notice, as provided in s. 97.12 (2) , Stats. A notice extending a holding order shall be signed by the division administrator, or a person authorized in writing by the division administrator. A holding order and every notice extending a holding order shall include a notice of the recipient's right to hearing under s. ATCP 65.928 .

(2)   Disposal order. If analysis or examination shows that milk or a milk product is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of a purchaser or consumer, the division may issue a summary disposal order under s. 97.12 (2) (c) , Stats., requiring the disposal or other disposition of the milk or milk product. A disposal order may be issued by the division representative who examines the milk, or by the division administrator, or by a person whom the administrator designates in writing. Where appropriate, an order may require relabeling of misbranded milk in lieu of disposal. A holding order under sub. (1) is not a prerequisite to a disposal order under this subsection. A disposal order shall be issued in writing, and shall include a notice of the recipient's right to hearing under s. ATCP 65.928 .

(3)   Identification of adulterated milk. If milk is found to be adulterated and hazardous to health, a division representative may identify the milk for disposal or disposition in compliance with a notice under sub. (2) . To identify the adulterated milk, the division representative may tag the milk container and may add a harmless food grade color to the milk to prevent its sale or use for human food purposes.

CR 14-073 : cr. Register August 2016 No. 728 , eff. 9-1-16.