Wis. Admin. Code ATCP § ATCP 65.912

Current through March 24, 2024
Section ATCP 65.912 - Performance-based grade A dairy farm inspections
(1) GENERAL. The division shall use the performance standards in this section to determine grade A dairy farm inspection frequency. The division shall evaluate each grade A dairy farm every 3 months, on the basis of information including inspection reports, milk quality tests, and department compliance actions taken during the preceding 12 months. As provided in subs. (2) to (5), the division shall place each dairy farm in one of the following categories:
(a) Twelve-month inspection interval.
(b) Six-month inspection interval.
(c) Four-month inspection interval.
(d) Three-month inspection interval.
(2) TWELVE-MONTH INSPECTION INTERVAL. The division shall inspect a grade A dairy farm in the twelve-month inspection interval category at least once every 12 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:
(a) None of the milk producer's reported standard plate count (SPC) results exceed 25,000 per ml., except that one reported SPC result may exceed 25,000 per ml. if it is not more than 100,000 per ml.
(b) None of the milk producer's reported somatic cell count (SCC) results exceed 500,000 per ml.
(c) None of the milk shipped by the milk producer has been found to contain a drug residue, and the department has not issued any warning to the milk producer under s. ATCP 65.920(5) (c) or 65.922(1).
(d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard.
(e) The department has not suspended the producer's grade A dairy farm permit or milk producer license.
(f) The producer's latest water supply test does not show any violation of s. ATCP 65.10.
(g) The milk producer has not violated any milk temperature or cooling standards under this chapter.
(3) SIX-MONTH INSPECTION INTERVAL. The division shall inspect a grade A dairy farm in the six-month inspection interval category at least once every 6 months. The division shall place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:
(a) The dairy farm fails to qualify under sub. (2).
(b) The department has issued no more than one warning to the milk producer under s. ATCP 65.920(5) (a) 1. to 3.
(c) None of the milk shipped by the milk producer has been found to contain a drug residue, and the department has not issued any warning to the milk producer under ss. ATCP 65.920(5) (c) or 65.922(1).
(d) No dairy farm inspection report shows more than 5 violations, a violation observed during consecutive inspections, a violation that creates a substantial risk of adulteration, or a violation that creates an imminent health hazard.
(e) The department has not suspended the producer's grade A dairy farm permit or milk producer license.
(f) The producer's latest water supply test does not show any violation of s. ATCP 65.10.
(g) The milk producer has not violated any milk temperature or cooling standards under this chapter.
(4) FOUR-MONTH INSPECTION INTERVAL.
(a) The division shall inspect a grade A dairy farm in the four-month inspection interval category at least once every 4 months. The division shall place a dairy farm in this category if subs. (2), (3), and (5) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, and department compliance actions, during the preceding 12 months:
1. At least one load of milk shipped by the milk producer has been found to contain a drug residue.
2. At least one violation for improper milk cooling under s. ATCP 65.18(4), drug use and storage under ss. ATCP 65.20(5) and 65.22(8), or cleaning and sanitization of utensils and equipment under s. ATCP 65.12 was noted during the most recent inspection.
(b) Once the division places a dairy farm in the four-month inspection interval category, the division may not reassign the dairy farm to any inspection category under sub. (2) or (3) until a date that is at least 12 months after the division's next 3-month evaluation of the dairy farm under this section.
(5) THREE-MONTH INSPECTION INTERVAL.
(a) The division shall inspect a grade A dairy farm in the three-month inspection interval category at least once every 3 months. The division shall place a dairy farm in this category if subs. (2) to (4) do not apply and if any of the following apply based on dairy farm inspection reports, milk quality tests, or department compliance actions, during the preceding 12 months:
1. The department issued more than one warning to the milk producer under s. ATCP 65.920(5).
2. The department issued more than one warning to the milk producer under s. ATCP 65.922(1).
3. The division conducted more than one reinspection of the dairy farm.
4. The department suspended the milk producer's license or grade A dairy farm permit.
(b) Once the division places a dairy farm in the 3-month inspection interval category under par. (a), the division may not reassign the dairy farm to any inspection category under subs. (2) to (4) until a date that is at least 12 months after the division's next 3-month evaluation of the dairy farm under this section.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.912

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (c), (3) (b), (c) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016