Section 82.12. Milk samples for testing.

 

(1)   Sample required.

(a) A bulk milk weigher and sampler or other individual shall collect a sample of a producer's milk before that milk is commingled with milk from any other producer. The bulk milk weigher and sampler or other individual who collects the sample shall be licensed under s. 98.146 or 97.17 , Stats.

(b) A bulk milk weigher and sampler who collects milk from a dairy farm bulk tank shall collect the milk sample under par. (a) . The bulk milk weigher and sampler shall collect the milk sample from the bulk tank before the bulk milk weigher and sampler transfers the bulk tank contents to a bulk milk tanker. The bulk milk weigher and sampler shall collect the sample according to sub. (2) . The milk sample may not be commingled with a milk sample from any other bulk tank.

(c) If a milk producer milks directly to a bulk milk tanker, an individual licensed under s. 98.146 or 97.17 , Stats., shall collect a milk sample under par. (a) from the bulk milk tanker before the tanker contents are commingled with milk from any other milk producer. The individual shall collect the sample according to sub. (3) . The milk sample may not be commingled with a milk sample from any other bulk milk tanker or dairy farm bulk tank.

(2)   Sampling procedure; dairy farm bulk tanks. A bulk milk weigher and sampler shall comply with the following procedures when collecting a milk sample from a farm bulk tank under sub. (1) (b) :

(a) The bulk milk hauler weigher and sampler shall collect the sample from the dairy farm bulk tank after the bulk tank contents have been thoroughly mixed to ensure that the sample is representative. If the bulk tank capacity is less than 1500 gallons, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler's presence for at least 5 minutes before a sample is taken. If the bulk tank capacity is 1500 gallons or more, milk in the bulk tank shall be agitated in the bulk milk weigher and sampler's presence for at least 10 minutes before a sample is taken.

(b) The bulk milk weigher and sampler shall collect the sample using a method approved by the department or a sample dipper that is of sanitary design and construction, is clean, and in good repair. The dipper shall be cleaned, sanitized, and then dipped at least twice in the bulk tank milk before it is used to collect a sample. The bulk milk weigher and sampler shall sanitize the dipper in a sanitizing solution that is not less than 100 ppm nor more than 200 ppm chlorine or an equivalent sanitizing solution and shall comply with the label directions of the sanitizing solution.

(c) After dipping the milk sample from the bulk tank, the bulk milk weigher and sampler shall pour the sample into a sample container under sub. (4) , and shall securely close the container. The container shall be labeled with the information required under sub. (5) . When pouring the sample into its container, the bulk milk weigher and sampler shall take care not to contaminate the sample or spill milk back into the open bulk tank. The bulk milk weigher and sampler shall handle the sample container and cap aseptically.

(d) After collecting a milk sample, the bulk milk weigher and sampler shall immediately rinse the sample dipper with clean potable water.

(2m)   Sampling procedure; bulk milk tanker. An individual shall comply with the following procedures when collecting a milk sample from a bulk milk tanker under sub. (1) (c) , unless the department specifies a different procedure in its authorization under s. ATCP 65.16 (5) :

(a) The individual shall collect the sample at the dairy plant where the bulk milk shipment is first received, in a receiving facility that complies with s. ATCP 65.36 (6) .

(b) Before the individual collects the milk sample, the individual shall verify that the contents of the bulk milk tanker have been thoroughly mixed, immediately prior to sampling, to ensure that the entire contents are homogeneous at the time of sampling. The contents shall be mixed in a manner that is known to ensure homogeneity.

(c) The individual shall follow the same procedures that apply, under sub. (2) (b) to (d) and subs. (4) to (6) , to samples collected from dairy farm bulk tanks.

(3)   Temperature control sample. A bulk milk weigher and sampler shall collect 2 milk samples under sub. (1) at the first dairy farm where milk is collected for each bulk milk tanker load. The bulk milk weigher and sampler shall mark one of those samples as the temperature control sample for all samples pertaining to that load. The sample container for the temperature control sample shall be marked with the producer's identification number, the bulk milk weigher and sampler's initials, the date and time when the sample was collected, and the temperature of the milk in the farm bulk tank from which the sample was collected.

(4)   Sample containers. A sample container used to collect a milk sample under sub. (1) shall be all of the following:

(a) Made of non-toxic, transparent materials.

(b) Designed so that it can be securely closed.

(c) Large enough to hold milk for initial and repeat testing under s. ATCP 65.76 , and large enough to permit thorough mixing of sample contents before testing.

(d) Labeled with the all of the information required under sub. (5) , or designed so that the bulk milk weigher and sampler can easily mark that information on the sample container.

(e) Clean, commercially sterile, and dry at the time of use.

(f) Properly protected from contamination.

(5)   Sample identification. Immediately before a bulk milk weigher and sampler collects a milk sample under sub. (1) , but before the bulk milk weigher and sampler opens the sample container, the bulk milk weigher and sampler shall clearly and indelibly label the sample container with all of the following information unless that information is already labeled on the sample container:

(a) A producer identification number, assigned by the dairy plant operator, that uniquely identifies the milk producer.

(b) The date when the sample was collected.

(6)   Care and delivery of milk samples.

(a) Immediately after a bulk milk weigher and sampler collects a milk sample under sub. (1) , the bulk milk weigher and sampler shall place the sample container in a clean refrigerated carrying case in which the bulk milk weigher and sampler shall keep the sample at a temperature of 32 to 40 ° F. (0 to 4 ° C.). The carrying case shall be constructed of rigid metal or plastic, shall be effectively insulated and refrigerated to keep samples at the required temperature, and shall have racks designed to hold samples in a proper upright position. If sample containers are packed in ice or cold water to keep the samples refrigerated, the ice or water shall cover no more than 2/3 of each sample container.

(b) A bulk milk weigher and sampler who collects a milk sample under sub. (1) shall promptly deliver the sample to the dairy plant that receives the milk from the producer, or to a certified testing laboratory designated by the dairy plant operator.

History: Cr. Register, November, 1994, No. 467 , eff. 12-1-94; CR 07-006 : r. and recr. (1), am. (2) (title), (intro.) and (b), cr. (2m), Register January 2008 No. 625 , eff. 2-1-08; CR 13-104 : am. (1) (a), (b), (2), cons. (2m) (b) (intro.) and 2. and renum. to (b) (intro.) and am., r. (2m) (b) 1., am. (3), (4) (d), (5) (intro.), (6) Register July 2014 No. 703 , eff. 8-1-14; CR 14-073 : am. (2m) (intro.), (a), (4) (c) Register August 2016 No. 728 , eff. 9-1-16.