Section ATCP 65.920 - Suspension or revocation of grade A producer permit or milk producer license(1) GENERAL. The department may suspend or revoke a milk producer's license, as provided in s. 93.06(7), Stats. The suspension or revocation of a milk producer's license also suspends or revokes a grade A producer permit held by the milk producer. A dairy plant shall not receive milk from a milk producer whose milk producer's license is suspended or revoked.(2) ORDER FOR SUSPENSION OR REVOCATION. Except when a summary suspension is ordered as provided under sub. (3), the department may not suspend or revoke a milk producer's license except by order of the secretary or the secretary's designee, as provided in ch. ATCP 1, after notice and opportunity for hearing under subch. III of ch. 227, Stats. The division may file a written complaint with the department, seeking the suspension or revocation of a milk producer's license. Pending completion of the suspension or revocation, the secretary or secretary's designee may issue interim orders as necessary to protect the public health, safety, and welfare.(3) SUMMARY SUSPENSION BY THE DIVISION. The division may issue a written notice summarily suspending a milk producer's license if the division makes a written finding in its suspension notice that the milk producer has refused to permit inspection or sampling authorized by law, or that one or more conditions in pars. (a) to (e) are present, or one or more conditions indicate the sale or shipment of milk from the milk producer's dairy farm poses an imminent hazard to public health and there is a reasonable likelihood that the hazard will continue if the milk producer's license is not summarily suspended. A summary suspension notice shall comply with s. ATCP 65.925 and becomes effective when served on the milk producer. A milk producer served a summary suspension may request a hearing on the summary suspension notice, as provided in s. ATCP 65.928.(a) An inspection of the milk producer's dairy farm reveals gross violations of dairy farm standards under subchapter II, or reveals violations that constitute an acute hazard to public health.(b) A confirmed standard plate count or plate loop count on the milk producer's milk exceeds 1,000,000 per ml.(c) Milk from the milk producer's dairy farm is reasonably believed to contain pesticides or toxic substances that may be harmful to humans.(d) An infectious disease, transmissible to humans through milk, is diagnosed by a licensed veterinarian in the milk producer's herd.(e) The producer has not made an agreement with the division for the disposition of violations, as required in any warning notice issued under s. ATCP 65.922(4) or (5).(4) INSPECTION BEFORE REINSTATEMENT; REINSPECTION FEE. If an inspection is required for reinstatement of a grade A producer permit or milk producer license that is suspended or revoked under this section, the department shall charge a reinspection fee under s. ATCP 65.02(19) for the inspection.(5) WARNING NOTICE PRECEDING A SUSPENSION OF A GRADE A MILK PRODUCER PERMIT. (a) The division shall mail, serve in person, or prominently post in the milkhouse a written warning to a milk producer holding a Grade A milk producer permit whenever any of the following occurs: 1. Two of the last 4 bacterial counts reported to the division under s. ATCP 65.70(2) (d) exceed 100,000 per ml., in violation of the standard for grade A milk under s. ATCP 65.70(2).2. Two of the last 4 somatic cell counts reported to the division under s. ATCP 65.70(4) (e) exceed 750,000 per ml., for cow or sheep milk, or 1,000,000 per ml. for goat milk, in violation of the standard under s. ATCP 65.70(4).3. Two of the last 4 milk temperature readings violate standards for grade A milk under s. ATCP 65.70(5).4. A division representative finds a key violation as defined in s. ATCP 65.01(33) during an inspection, including one or more repeat violations during 2 consecutive inspections, on a grade A dairy farm.(b) A warning notice, under par. (a) 1. to 3., shall state that the milk producer's grade A producer permit will be suspended if milk quality testing indicates a subsequent violation of the standard under s. ATCP 65.70 to which the warning notice pertains. A copy of the notice shall be mailed to the dairy plant operator who receives the milk producer's milk. A warning notice becomes effective 3 business days after it is mailed, and remains in effect as long as the standard cited in the warning notice is violated on 2 of the last 4 reported tests. (c) A warning notice, under par. (a) 4., shall state that the department will suspend the milk producer's grade A producer permit if the producer does not correct the violation by a deadline date specified in the notice. The division representative shall specify a correction deadline based on the seriousness of the key violation and the time reasonably required to correct the key violation. The correction deadline shall be not less than 3 days nor more than 65 days after the division representative issues the warning notice. The division representative shall mail or deliver a copy of the warning notice to the dairy plant operator or milk contractor who procures milk from the milk producer. The warning notice shall include a notice of the milk producer's right to hearing under s. ATCP 65.928. (d) Not less than 3 calendar days nor more than 21 calendar days after a warning notice under par. (a) 1. to 3. becomes effective, the dairy plant operator, who receives the milk from the warned milk producer, shall obtain and test a sample of the milk producer's milk for compliance with the milk quality standard cited under par. (a) 1. to 3. A milk sample collected under s. ATCP 65.38 and tested by a dairy plant operator under subchapter V satisfies this requirement, provided that the sample is obtained and tested within the time period specified under this paragraph, and the dairy plant operator reports the test result to the division within the applicable reporting time specified under subch. V. (6) SUSPENSION OF A GRADE A MILK PRODUCER PERMIT.(a) The division shall mail a written notice to a milk producer suspending the milk producer's grade A producer permit, if any of the following occurs while a warning notice under s. ATCP 65.920(5) remains in effect: 1. Three of the last 5 bacterial counts reported to the division under ss. ATCP 65.70(2) (d) and 65.920(5) (c) exceed 100,000 per ml.2. Three of the last 5 somatic cell counts reported to the division under ss. ATCP 65.70(4) (e) and 65.920(5) (c) exceed 750,000 per ml.3. Three of the last 5 milk temperature readings violate standards for grade A milk under s. ATCP 65.70(5).4. If within 7 days after the correction deadline under sub. (5) (a) 4. the division representative finds that the milk producer has not corrected a key violation cited in the warning notice issued under sub. (5) (a) 4.(b) The suspension of a milk producer's grade A producer permit becomes effective when the suspension notice is served under s. ATCP 65.925(6). The department shall give prior oral or written notice of the suspension, and mail or deliver a copy of the suspension notice, to the dairy plant operator who receives the milk producer's milk. The suspension notice shall comply with s. ATCP 65.925. If a suspension notice is served under par. (a) 4., the division representative shall, within 24 hours, notify the dairy plant operator who receives the milk producer's milk, and place a tag indicating that the milk is now to be handled as grade B milk on the outlet valve of the bulk tank or the outlet valve of a bulk milk tanker into which milk is directly transferred by a milking system under s. ATCP 65.16(5), in order to notify the bulk milk weigher and sampler of the suspension. A person adversely affected by the suspension notice may request a hearing on the notice as provided under s. ATCP 65.928. (7) REINSTATEMENT OF GRADE A MILK PRODUCER PERMIT. (a) A milk producer may ask the department to reinstate a grade A producer permit suspended under s. ATCP 65.920(6). The milk producer shall make the request in writing, on a form provided by the department under s. ATCP 65.925(4). If the suspension occurred because of a violation of sub. (6) (a) 1. to 3., the request shall include the result of a milk quality test performed by the dairy plant operator who receives the milk producer's milk on a milk sample collected after the effective date of the suspension, showing that the milk producer is no longer violating the relevant milk quality standard.(b) Within 7 days after the department receives a complete reinstatement request that complies with par. (a) the department shall do one of the following:1. If the milk producer seeks reinstatement of a grade A producer permit suspended under sub. (6) (a) 1. to 3., the department shall reinstate the grade A producer permit. The department shall notify the milk producer and the dairy plant operator who receives the milk producer's milk of the reinstatement within 24 hours.2. If the milk producer seeks reinstatement of a grade A producer permit suspended under sub. (6) (a) 4., the department shall inspect the dairy farm and charge a reinspection fee under s. ATCP 65.02(19). A division representative shall reinstate the grade A producer permit if the division representative finds that the milk producer has corrected all the conditions potentially responsible for the violations cited in the suspension notice. The division representative shall notify the dairy plant operator who receives the milk producer's milk of the reinstatement within 24 hours.(c) If a milk producer does not request reinstatement, under par. (a), within 6 months after the producer's grade A producer permit is suspended under this section, the permit is automatically revoked at the end of the 6-month period. Once revoked, the grade A producer permit may not be reinstated except upon the filing of a new application under s. ATCP 65.02(10). Written notice of the reinstatement process shall be provided to the milk producer at the time of suspension. This paragraph does not apply if the suspension of the milk producer's grade A producer permit has been contested, and the contested case proceedings are still pending. The time limit for the reinstatement request is measured from the conclusion of the contested case proceedings concerning the suspension of the milk producer's grade A producer permit. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.920
Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (5) (b), (c), (6) (a) 4. made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016Subsection (7) does not prohibit the division from summarily suspending a milk producer's license and grade A producer permit under s. ATCP 65.920 without prior warning if the division determines that any of the circumstances identified under s. ATCP 65.920(3) exist.