Wis. Admin. Code ATCP § ATCP 65.68

Current through February 27, 2023
Section ATCP 65.68 - Pasteurizer testing
(1) GENERAL. The division shall test and seal pasteurization systems according to this section. Except as provided under sub. (6), no person may use any pasteurization system to pasteurize grade A or grade B dairy products unless that system bears the unbroken seals applied by the department under sub. (5).
(2) TEST PROCEDURE. The division shall test grade A and grade B pasteurization systems according to the procedure specified in Appendix I of the PMO.

Note: PMO Appendix I is on file with the division and the legislative reference bureau. Copies may be obtained from the division at cost or online at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk.

(3) TEST FREQUENCY; GRADE A PASTEURIZERS. The division shall test each grade A pasteurization system at the following times:
(a) Before the pasteurization system is first put into operation.
(b) At least once every 3 months, except that a holding time test may be conducted at least once every 6 months.
(c) Whenever a seal, under sub. (5), is broken.
(4) TEST FREQUENCY; GRADE B PASTEURIZERS. The division shall test a grade B pasteurization system at the following times:
(a) Before the pasteurization system is first put into operation.
(b) At least once every 12 months.
(c) Whenever a seal, under sub. (5), is broken.
(5) DEPARTMENT SEALS. When the division's test confirms that a pasteurization system is operating correctly, the division shall apply seals that prevent any alteration of the system that would allow any unpasteurized milk or dairy product to flow through the system.
(6) BROKEN SEAL.
(a) A dairy plant operator shall notify the division by telephone, electronic mail, or facsimile (FAX) transmission within 2 hours after the dairy plant operator breaks a seal applied by the division under sub. (5), or within 2 hours after a pasteurizing system malfunctions to the possible detriment of public health or safety. The dairy plant operator shall also notify the department in writing, on a form provided by the division, within 5 business days after the seal is broken or the system malfunctions.
(b) A dairy plant operator may not operate a pasteurizer after breaking a seal applied by the department under sub. (5), unless all of the following conditions are met:
1. The dairy plant operator notifies the department under par. (a).
2. The dairy plant operator determines and documents that pasteurization time and temperature requirements under s. ATCP 65.58 are met, and that the pasteurization system is repaired and functioning properly. Time and temperature records required by s. ATCP 65.66 shall be retained for at least 6 months.
3. The dairy plant operator conducts phosphatase tests, under par. (d), if the pasteurizer is used to pasteurize milk without added flavors or ingredients other than vitamins. Phosphatase testing shall confirm that pasteurized milk without added flavors or ingredients other than vitamins contains less than 350 milli-units of detectable alkaline phosphatase per liter.
4. A pasteurizer operator qualified under s. ATCP 65.54(3) is present to operate the pasteurizer, or to supervise its operation.
(c) A dairy plant operator may not operate a pasteurizer for more than 10 calendar days after breaking a seal applied by the department under sub. (5), unless any of the following occurs:
1. The division tests the pasteurizer and replaces the broken seal.
2. A dairy plant operator or employee certified under sub. (7), tests the pasteurizer and replaces the broken seal on an interim basis, pending retesting and resealing by the department.
(d) Phosphatase testing, under par. (b) 3., shall comply with all of the following requirements:
1. The dairy plant operator shall collect and analyze a test sample, directly from the pasteurizer system, at least once during every 4 hours of pasteurizer operations.
2. The dairy plant operator shall store each test sample at a temperature below 45º F. (7º C.) until it is tested and shall analyze each sample within 48 hours after it is collected.
3. The dairy plant operator shall analyze each sample using the Fluorophos ALP method, the Charm Paslite Alkaline Phosphatase method, or another test method approved in writing by the division.
4. Tests shall be performed by an individual who is trained to conduct phosphatase tests on milk. If the dairy plant is a grade A dairy plant, tests shall be performed by a laboratory that the department has certified under ch. ATCP 77 or the PMO.
(7) EMERGENCY TESTING AND SEALING.
(a) The division may certify a dairy plant operator or employee to test and seal a pasteurization system in that dairy plant on an emergency basis under par. (b). To be certified under this paragraph, a dairy plant operator or employee shall have successfully completed a training course approved by the division. The division may suspend or revoke certification for cause.
(b) A dairy plant operator or employee certified under par. (a) may test and seal a pasteurization system in that dairy plant on an emergency basis, pending retesting and resealing by the division, under par. (c), if emergency testing and sealing is necessary to continue pasteurizing operations after the department's seal is broken. Testing under this paragraph shall comply with the procedure specified under sub. (2).
(c) The division shall promptly retest and reseal a pasteurization system after the division receives notice, under sub. (6) (a), that its seal applied to that system has been broken. The division shall retest and reseal a pasteurization system, under this paragraph, regardless of whether the pasteurization system has been tested and sealed under par. (b). The division need not retest or reseal a pasteurization system that is withdrawn from service.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.68

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