Wis. Admin. Code ATCP § ATCP 65.10

Current through March 24, 2024
Section ATCP 65.10 - Dairy farm water supply
(1) GENERAL. An adequate supply of potable water shall be supplied under pressure for milkhouse and milking operations. Water used for milkhouse and milking operations, including water used to cool milk in a plate or tubular cooler, shall be potable. Potable water shall comply with the microbiological drinking water standards set forth in s. NR 809.30.

Note: A properly designed and installed water supply tank that utilizes static head pressure to provide potable running water to the milkhouse is minimally adequate to comply with this paragraph.

(2) BACKFLOW PROTECTION; CROSS-CONNECTIONS. A potable water supply system on a dairy farm shall be designed, constructed, installed, and maintained to prevent contamination of the potable water supply through backflow, backsiphonage, cross-connections, or any other connection to the potable water supply system. An air gap adequate to prevent the back-siphonage or backflow of any liquids shall be maintained between every potable water outlet and the flood rim of the fixture that it supplies, and between the potable water outlet and every other source of potential contamination, unless alternative protection is approved under s. SPS 382.41.
(3) WELL CONSTRUCTION. Wells used to supply water for milkhouse and milking operations on dairy farms shall comply with ch. NR 810, 811, or 812 in the case of a community water system.
(4) WATER TRANSPORTED TO DAIRY FARM. A person transporting water in containers or tanks to a dairy farm for milkhouse or milking operations shall seal the containers or tanks to prevent contamination. The containers and tanks shall be thoroughly cleaned and sanitized before being filled with potable water for use at the dairy farm. A sanitarily designed, cleaned, and sanitized pump, hose, and fittings shall be used to transfer water from transport containers and tanks to previously cleaned and sanitized storage tanks at the dairy farm so that the water is not contaminated during transfer or by the storage tanks.
(5) WATER QUALITY TESTING BY DAIRY PLANT. A dairy plant operator, including a milk contractor that submits a milk producer license application on behalf of a milk producer and thereby certifies that the milk producer's dairy farm and milking operations comply with applicable requirements under this chapter, shall do all of the following for each milk producer from whom the dairy plant operator procures milk:
(a) Sample the milk producer's water supply at least once every two years. If the water supply system has more than one well, water from each well shall be sampled. The water sample from each well shall be taken from water before it has flowed into a pressure tank or any water treatment equipment.
(b) Sample the milk producer's water supply whenever the milk producer installs, alters, or repairs the water supply system.
(c) Sample any transported water supply used by the milk producer at the point of use, at or before first use and monthly thereafter.
(d) Have each water sample under this subsection analyzed at a laboratory that is certified under ch. ATCP 77 to perform water quality analyses. The laboratory shall analyze the water samples for compliance with the microbiological drinking water standards set forth in s. NR 809.30. The dairy plant operator shall submit each water quality analysis result to the division within 30 days after the dairy plant receives the water quality analysis result. If the analysis of any water sample indicates that the water supply of a dairy farm may be unsafe, the dairy plant operator, within 3 business days of the water quality analysis result being reported to the dairy plant operator, shall report the analysis result to the division and resample the water supply and have it analyzed.
(6) RECIRCULATING WATER SYSTEM.
(a) A milk producer may use re-circulated water in a plate cooler to cool milk on a dairy farm if all of the following apply:
1. The recirculated water originates from a safe source that complies with applicable provisions of ch. NR 810, 811, or 812.
2. The recirculated water meets the microbiological standards of s. NR 809.30.
3. The recirculated water is protected from contamination.
4. The coolant used in the water recirculation system is non-toxic food or pharmaceutical grade propylene glycol meeting the specifications in 21 CFR 184.1666, and does not contain coliform bacteria as determined by sampling and analysis done at least semi-annually by the dairy plant operator.
5. The dairy plant operator who procures milk from the milk producer tests the recirculated water for coliform bacterial contamination at least semi-annually.
(b) If a recirculating water system, under par. (a), becomes contaminated, the milk producer shall stop using the system until all the following conditions are met:
1. The milk producer eliminates the contamination source and treats the recirculated water to make it potable.
2. The dairy plant operator who procures milk from the milk producer retests the recirculated water to determine whether the contamination is eliminated.
3. Retesting shows that the recirculated water complies with the bacteriological standards under par. (c).
(c) Recirculated water shall meet all the following bacteriological test standards:
1. The most probable number (MPN) of coliform organisms shall be less than 1.1 per 100 ml. as determined using the multiple tube fermentation technique, or less than 1.0 per 100 ml. as determined using the membrane filter technique.
2. Bacteriological testing using the membrane filter technique shall show not more than 200 total bacterial colonies per 100 ml.
3. Bacteriological testing using a heterotrophic plate count technique shall show not more than 500 colonies per ml.
(7) WATER RECLAIMED FROM A HEAT EXCHANGER.
(a) Water reclaimed from a heat exchanger, may be used for milkhouse and milking operations, including cooling milk in a plate or tubular cooler, if all of the following conditions are met:
1. The water is stored in a cleaned and sanitized vessel that is constructed of non-contaminating materials and is designed to protect the water supply from contamination. The storage vessel shall have a drain and access point that allow for cleaning and sanitizing.
2. There is no cross-connection between the reclaimed water and any potential contamination source or potentially unsafe water supply.
3. There are no submerged inlets through which the reclaimed water may be contaminated.
4. The water is of satisfactory organoleptic quality.
5. The water complies with the microbiological drinking water standards in s. NR 809.30.
6. The dairy plant operator who procures milk from the milk producer collects and analyzes samples of the reclaimed water supply before the milk producer first uses the water for milkhouse and milking operations, and at least semi-annually thereafter.
7. Any chemicals used to suppress bacterial growth, tastes, and odors are registered for that use with the U.S. environmental protection agency. Milk processed in or exposed to any system using chemicals to suppress bacterial growth, tastes, and odors shall not be allowed to become contaminated with those chemicals. A milk producer who uses any chemical to suppress bacterial growth, tastes, or odors shall comply with the chemical label use instructions, and shall routinely monitor chemical concentrations in treated water.
8. Sanitizers used to sanitize equipment, utensils, teats of milking animals, or to backflush systems, shall be chemical sanitizers that comply with 21 CFR 178.1010, are registered with the U.S. environmental protection agency, and are thereby suitable for use on food contact surfaces. An approved sanitizer may be added by an automatic metering device that is located downstream from the storage vessel but upstream from the end-use application of the sanitizer.
(b) Water obtained directly from the discharge of an unpasteurized milk heat exchanger after a milking may be used once to pre-rinse dairy equipment including milk lines, milking claw assemblies, and milk receivers if all of the following apply:
1. The water is collected directly from the heat exchanger into a cleaned and sanitized wash vat or utensil sink.
2. The water piping system complies with sub. (2).
3. After pre-rinse use, the water is discharged to waste.

Note: Paragraph (b) does not prevent the use of heat exchanger discharge water for non-potable uses involving no contact with potable water, milk, milk contact surfaces or potable water contact surfaces. Before using or discharging heat exchanger discharge water, contact the Division of Water, Bureau of Drinking Water and Ground Water, at the Department of Natural Resources, P.O. Box 7921, Madison, WI 53707, telephone 608-266-0821 or TTY access via relay 711 or http://www.dnr.state.wi.us/environmentprotect/water.html.

(8) WATER RECLAIMED FROM SOURCES OTHER THAN A HEAT EXCHANGER. Water reclaimed from a compressor cooling unit, manure treatment, or from other dairy farm systems or processes may be used as non-potable water for milking barn or parlor operations, not to include rinsing, cleaning and sanitizing of milking systems, if all of the following conditions are met:
(a) The water is reclaimed by means of evaporation, reverse osmosis, ultra-filtration, or another method approved by the division.
(b) The water is stored in a cleaned and sanitized vessel that is constructed of non-contaminating materials and is designed to protect the water supply from contamination. The storage vessel shall have a drain and access point that allow for cleaning and sanitizing.
(c) There is no cross-connection between the reclaimed water and potable water supplies or between the reclaimed water and any potential contamination source or potentially unsafe water supply.
(d) There are no submerged inlets through which the reclaimed water may contaminate the potable water system.
(e) Any chemicals used to suppress bacterial growth, tastes, and odors are registered for that use with the U.S. environmental protection agency. A milk producer who uses any chemical to suppress bacterial growth, tastes, or odors shall comply with the chemical label use instructions, and shall routinely monitor chemical concentrations in the treated water.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.10

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (6) (a) 1., (7) (b) 2. made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016