DATCP currently licenses and inspects dairy plants under s. 97.20, Stats., and ch. ATCP 80, Wis. Adm. Code. DATCP licenses individual cheesemakers under s. 97.17, Stats., and ch. ATCP 69, Wis. Adm. Code. Dairy plants processing grade A fluid milk products must hold a grade A permit from DATCP. Dairy plants also have important responsibilities related to dairy farm milk procurement under ch. ATCP 60, Wis. Adm. Code.

All dairy products must be produced under sanitary conditions. Dairy plants producing grade A fluid milk products must also comply with the interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize the interstate shipment of Wisconsin dairy products. Current DATCP rules establish standards for all dairy plants, including grade A dairy plants. DATCP rules incorporate PMO standards.

Current DATCP rules spell out requirements related to:

Dairy plant licensing and fees.

Dairy plant facilities and operations.

Dairy product quality standards and testing.

Pasteurization of dairy products.

Dairy plant records and reports.

Inspection and enforcement.

Cheesemaker license qualifications.

Under current rules, individuals must meet certain training and experience requirements in order to be licensed as cheesemakers. Under current rules, an individual may be licensed if the individual does any of the following:

Completes an 18-month apprenticeship under a licensed cheesemaker.

Completes a 12-month apprenticeship, and either completes a university short course in cheesemaking or obtains a dairy-related associate degree at a vocational school.

Completes a 6-month apprenticeship and obtains a 4-year dairy-related college degree.

This rule creates another option for license applicants. Under this rule, an individual may be licensed as a cheesemaker if the individual completes a 240-hour apprenticeship, and completes DATCP-approved courses in all the following:

Cheesemaking.

Production of safe dairy foods

Hazard analysis critical control point (HAACP) process control.

Milk pasteurization.

Dairy sanitation.

DATCP may license the individual on a conditional basis, and may summarily suspend the license if the license holder fails to meet continuing education and performance standards.

Fluid milk products must be produced by grade A dairy plants, according to grade A standards. This rule updates the current “fluid milk product" definitions to conform to the interstate Pasteurized Milk Ordinance (PMO).

This rule clarifies, but does not substantially alter, current rules related to room separation in dairy plants. Certain activities must be separated from other activities to prevent contamination of dairy products.

Under current rules, re-circulated water used in a dairy plant cooler or heat exchanger must be tested semi-annually by DATCP. This rule requires the dairy plant operator, not DATCP, to test semi-annually.

This rule clarifies spells out standards for a dairy plant's use of water reclaimed from the condensation of milk or dairy products. The standards are designed to prevent dairy product contamination that may result from the improper use of reclaimed water. Under this rule:

• A dairy plant operator may use water reclaimed by means of evaporation, reverse osmosis or ultrafiltration. The water must meet different standards, depending on how it is used.

• Reclaimed water may not be used for any purpose requiring potable water unless all the following apply:

- DATCP pre-inspects and pre-approves the reclamation system.

- The reclaimed water is free of coliform bacteria.

- The standard plate count of the reclaimed water does not exceed 500 per ml. and meets DNR bacteriological standards.

- The organic content of the reclaimed water is less than 12 mg. per liter.

- The reclaimed water has no off-odors, off-flavors or slime formations. The dairy plant operator must check these things weekly.

- DATCP pre-approves any chemicals used to suppress bacterial growth, tastes or odors in the reclaimed water. Automatic proportioning devices must be used to add chemicals to the water. The dairy plant operator must test at least daily for chemical content. Chemicals may not contain substances that may contaminate dairy products.

- The reclaimed water is stored in properly constructed tanks.

- The dairy plant operator tests the reclaimed water for bacteriological and organic content at least semi-annually, and more often after the reclamation system is initially installed or repaired.

- There are no cross-connections between reclaimed water lines and any public or private water system.

• Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:

- The reclaimed water meets all potable water standards, other than bacteriological standards.

- The reclaimed water is used only on the day that it is reclaimed.

- The reclaimed water is automatically maintained at a temperature of not less than 145° F., or is chemically treated to suppress bacterial propagation. Chemical treatments must comply with standards for potable water.

- Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water."

- The dairy plant operator posts clear instructions for the use of the reclaimed water. The instructions must limit the purposes for which the reclaimed water may be used.

- Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. Temporary connections must be protected to avoid product contamination.

• Reclaimed water that does not qualify for any of the above uses may only be used as boiler feed water.

Under current rules, persons with discharging or infected lesions on their hands or arms may not handle unpackaged dairy products. This rule prohibits them from handling unpackaged dairy products unless they have appropriate sanitary protection (including bandages and gloves) specified in this rule.

Current rules spell out sanitary design and construction requirements for dairy plant equipment and utensils. The current rules incorporate, by reference, “3-A" technical standards published by FDA and the International Association for Food Protection.

Under current rules, persons installing C-I-P (cleaned in place) systems must submit plans for DATCP approval. This rule requires the dairy plant operator, not the installer, to submit the plans. DATCP must act on the plans within 20 business days (currently 30 calendar days).

This rule regulates the use of flexible pipelines in dairy plants, to prevent sanitation hazards. Dairy plant operators may use flexible pipelines, subject to conditions specified in this rule, if rigid pipelines are impractical. This rule also modifies current standards for chlorine sanitizers used to sanitize equipment and utensils.

This rule clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms. A dairy plant operator may not collect or receive milk from a dairy farm unless all the following apply:

• The dairy farm is properly licensed.

• A licensed milk weigher and sampler collects a sample of the producer's milk (for milk quality testing), and measures and records the temperature and quantity of the producer's milk.

• The operator complies with applicable milk testing and follow-up requirements under ch. ATCP 60 (dairy farms).

Current rules prohibit a dairy plant operator from receiving a grade A bulk milk tanker delivery unless the bulk milk tanker operator holds a grade A permit for that tanker. This rule also prohibits a dairy plant operator from receiving any bulk milk tanker delivery unless the tanker operator holds a bulk milk tanker license under s. 97.21 (2) (a), Stats., and ch. ATCP 82.

Current rules require dairy plant operators to keep dairy products above or below specified temperatures, to prevent hazardous bacterial growth. This rule modifies some of these current temperature requirements.

• Under current rules, an operator who receives raw grade B milk or grade B dairy products for processing must keep those dairy products at 50º F. or less until they are pasteurized. Under this rule, the operator must keep those grade B dairy products at 45º or less until they are pasteurized (the same temperature currently required for grade A products). There is an exemption for milk received within 2 hours of milking, provided the milk is pasteurized or cooled to 45º within 4 hours.

• Under current rules, a dairy plant operator may not hold milk or dairy products for more than 4 hours at a temperature that is between 45º F. and 140º F. Certain dairy products are currently exempt. This rule adds some limited exemptions.

• Under current rules, dairy plant operators must keep certain non-dairy foods (including certain dairy product ingredients) at “safe temperatures" to prevent hazardous bacterial growth. This rule establishes new “safe temperature" requirements for these non-dairy foods, as follows:

- For refrigerated foods: 41º F. (currently 40º F.)

- For heated foods: 140º F. (currently 150º F.)

- For frozen foods: 0º F. (same as now)

Current rules prohibit a dairy plant operator from reprocessing grade A packaged dairy products returned to a dairy plant. There are certain exemptions. This rule prohibits a dairy plant operator from reprocessing any packaged dairy products (not just grade A products) returned to the dairy plant, except that it does not prohibit any of the following:

The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.

Reprocessing packaged dry milk and dry milk products, if the inner package is intact.

Reprocessing packaged cheese or butter returned for failure to meet grade or color standards, if the inner package is intact and there is no evidence of product or temperature abuse.

Reprocessing dairy products collected from a packaging defoamer system, or drained from processing equipment at the end of a run, if the products are handled in a sanitary manner and repasteurized.

Reprocessing specifically authorized by DATCP in writing, under terms and conditions specified by DATCP.

This rule establishes more comprehensive bacteria and coliform standards for pasteurized dairy products. Under this rule, bacteria counts may not exceed 20,000 per ml. for most pasteurized dairy products. This standard does not apply to cultured dairy products (such as yogurt). Bacteria counts for the following products may not exceed the following levels:

30,000 per ml. for condensed milk, whey, dried whey and nonfat dry milk.

50,000 per gram for frozen desserts, except that the bacteria count for frozen dessert mixes may not exceed 20,000 per gram.

Under this rule, coliform counts in pasteurized dairy products may not exceed 10 per ml., except that coliform counts for pasteurized cheese, cheese products, butter and butter products may not exceed 100 per gram. If pasteurized cheese is manufactured from unpasteurized dairy products, its coliform count may not exceed 1,000 per gram.

Under this rule, the yeast and mold count in pasteurized cottage cheese may not exceed 10 per gram.

This rule updates current standards for fortified dairy products. This rule incorporates the latest PMO standards (1999). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these standards by reference in this rule.

This rule updates current milk quality and milk component test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products," 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International, 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated AOAC standards by reference in this rule. DATCP may approve other test methods.