Section ATCP 65.40 - Storing and handling milk and dairy products(1) GENERAL. Dairy products shall be protected from contamination and decomposition while being received, processed, handled, conveyed, or held at a dairy plant. Dairy products shall be received, processed, handled, conveyed, and held in a manner that keeps the products in a safe, wholesome, and unadulterated condition.(2) STORAGE TEMPERATURES. (a) Milk and dairy products shall be stored at temperatures listed in pars. (b) to (e), unless the division has authorized alternative temperature limits in writing. An authorization by the division shall be valid for 5 years, and may be renewed upon a written request from the dairy plant operator.(b) Except as provided under par. (e), unpasteurized grade A milk and grade A dairy products received for processing at a dairy plant shall be kept at a temperature of 45º F. (7º C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized grade A milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).(c) Except as provided under par. (e), unpasteurized grade B milk and other grade B dairy products received for processing at a dairy plant shall be kept at a temperature of 50º F. (10º C.) or less until pasteurized or, if pasteurization is not required, until processed. This paragraph does not apply to unpasteurized milk received at a dairy plant within 2 hours after milking, provided that the unpasteurized milk, after subsequent pasteurization, is held in compliance with par. (d).(d) Except as provided under par. (e), all pasteurized milk and dairy products, after being pasteurized, shall be cooled to a temperature of 45º F. (7º C.) or less and shall then be kept at that temperature at all times. This paragraph does not apply to a grade A cultured dairy product while being cultured, to a dried milk product, or to a grade A dairy product that is sterilized and packaged in a hermetically sealed package.(e) No milk or dairy product may be held at a dairy plant for more than 4 hours at a temperature that is between 45º F. (7º C.) and 140º F. (60º C.). This paragraph does not apply to any of the following: 1. Grade A cultured dairy products and grade A acidified dairy products while being cultured, provided process controls are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.3. Butter during micro-fixing.4. Cheese while being cured, ripened, or tempered for further processing.5. Pasteurized cream while being ripened for churning into butter.6. Whey and whey products during the process of crystallization, provided process controls for crystallization of grade A whey and whey products are monitored and documented by the dairy plant operator in accordance with item 17 (p) of the PMO.7. Acid whey with titratable acidity of not less than 0.40 %, expressed as ¶ lactic acid, or a pH of not higher than 4.6.8. Dairy products that are sterilized and packaged in hermetically sealed packages.9. Grade B whey originating from pasteurized milk to which one or more starter cultures was added, if the surfaces contacted by that whey have been cleaned and sanitized before holding, transport, and receipt of the whey and the received whey is either pasteurized or cooled to 50º F. or colder not more than 8 hours after its generation at a licensed dairy plant.(3) PASTEURIZATION. Dairy products shall be pasteurized in compliance with subch. IV.(4) STORING DAIRY PRODUCTS AND INGREDIENTS. (a) Areas used to store dairy products and ingredients shall be kept in a clean, sanitary, and orderly condition, free from conditions that may adulterate the dairy products or dairy product ingredients.(b) Dairy products shall be stored at temperatures specified under sub. (2). Other potentially hazardous foods, including potentially hazardous ingredients used in making dairy products, shall be stored at safe temperatures as defined in s. ATCP 65.01(60).(c) Dairy products and ingredients shall be stored in an orderly manner, so that storage areas can be easily inspected and cleaned. Dairy products and ingredients may not be stored under conditions that may cause adulteration. Storage areas shall be constructed and maintained so that waste liquids do not accumulate in those areas.(d) Dairy products and ingredients may not be stored in a manner that may attract or harbor pests. No pesticides or other toxic materials may be stored in a manner that may contaminate dairy products, dairy product ingredients, or packaging materials.(5) REPROCESSING AND DISPOSAL OF DAIRY PRODUCTS. (a) A dairy plant operator may not reprocess, for use in any dairy product, packaged grade A dairy products that have left the custody of the dairy plant or that have originated from another dairy plant. This does not prohibit any of the following: 1. The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.2. Reprocessing dry milk and dry milk products returned to the dairy plant, provided that the product package is intact.3. Reprocessing dairy products collected from a packaging defoamer system or drained from processing equipment at the end of a run, if those dairy products are collected and handled in a sanitary manner, held at a temperature of 45º F. (7º C.) or less, and re-pasteurized.4. Reprocessing specifically authorized in writing by the division, under conditions specified by the division.(b) A dairy plant operator shall discard any packaged grade A dairy products that are returned to a dairy plant by a wholesaler or retailer. Pending disposal, returned grade A dairy products shall be kept in an area that is clearly designated as a holding area for returned products. The holding area shall be separate from other areas used for the receipt, storage, or processing of dairy products.(c) A dairy plant operator shall discard all milk and dairy products that have spilled, overflowed, or leaked from equipment, utensils, or packages. This paragraph does not apply to milk and dairy products caught and collected in a sanitary manner, in equipment specifically designed for that purpose.(6) DAIRY PRODUCTS INTENDED FOR NON-FOOD USE. Milk and dairy products not intended for human consumption shall be clearly and conspicuously labeled as being not for use as human food. No person may repackage or sell, for use as human food, any milk or dairy products labeled or intended for non-food use. Note: The manufacture and sale of animal feed is subject to separate licensing and regulation under s. 94.72, Stats.
(7) RECONSTITUTED OR RECOMBINED DAIRY PRODUCTS; PASTEURIZATION.(a) A dairy plant operator shall pasteurize reconstituted or recombined dairy products after those dairy products are reconstituted or recombined, except when the resulting product is exempt from pasteurization under s. ATCP 65.54(2).(b) A dairy plant operator may not commingle pasteurized dairy products with unpasteurized milk or dairy products unless the dairy plant operator pasteurizes the resulting product or the resulting product is exempt from pasteurization under s. ATCP 65.54(2).(c) A dairy plant operator shall take effective measures to prevent cross contamination between pasteurized and unpasteurized dairy products.(8) PRESSURIZED AIR AND STEAM; CONTACT WITH DAIRY PRODUCTS. Pressurized air and steam coming in contact with a dairy product or product contact surface shall be clean, safe, and free of contaminants. The system used to generate and supply pressurized air and steam shall comply with applicable "3-A Sanitary Standards" and "3-A Accepted Practices" listed in ch. ATCP 65 Appendix A. Note: The "3-A Sanitary Standards" and "3-A Accepted Practices" listed in APPENDIX A are published by 3-A Sanitary Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA 22101-3850, telephone (703)790-0295, website www.3-a.org. Copies are on file with the division and the legislative reference bureau. Copies may be purchased from the "3-A Sanitary Standards, Inc. Online Store" at http://www.techstreet.com.
(9) FIRE, FLOOD, OR CALAMITY DAMAGE. If a dairy product or ingredient is subjected to possible contamination in a fire, flood, or other calamity, no person may sell or reprocess that product or ingredient for human consumption unless the division first inspects the product or ingredient and authorizes its sale or reprocessing for human consumption. A dairy plant operator shall notify the division whenever dairy products or ingredients in the operator's possession have been subjected to possible damage or contamination because of fire, flood, or other calamity.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.40
Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9/1/2016