1. (1) Required testing.

   1. (a) A dairy plant operator shall test raw milk from dairy farms as required under this chapter.
   2. (b) A dairy plant operator shall test milk and dairy products held or processed at a dairy plant for compliance with standards specified under s. ATCP 65.74 (1) to (4). The dairy plant operator shall test the milk and dairy products as often as necessary to provide reasonable statistical assurance of compliance.

2. (2) Laboratory.

   1. (a) Except as provided under par. (b), milk quality tests required under this chapter shall be performed in a laboratory that is all of the following:

      1. 1. Approved by the department to conduct milk quality tests.
      2. 2. Certified by the department under s. ATCP 77.03, or by an equivalent certifying agency in another state, to conduct milk quality tests.

   2. (b) A laboratory that is not certified under s. ATCP 77.03 to perform a drug residue test under s. ATCP 65.72 may perform that test as a screening test if all of the following apply:

      1. 1. The department has approved that laboratory to perform that screening test under s. ATCP 77.23 (1).
      2. 2. The department has approved the person who performs the screening test under s. ATCP 77.23 (2).
      3. 3. A different laboratory performs a confirmatory test if the screening test result is positive for drug residue. The laboratory performing the confirmatory test shall be certified to do so under s. ATCP 77.03. The laboratory shall perform the confirmatory test on the same test sample using the same or an equivalent test method and shall complete the confirmatory test within the time period specified in s. ATCP 65.72 (8).
   3. (c) The department may withdraw its approval under par. (a) or (b) for cause, including false or inaccurate test results or reports, or failure to conduct tests according to required procedures.

3. (3) Analysts.

   1. (a) Except as provided in par. (b) or (c), no individual may perform a milk test under ss. ATCP 65.70 and 65.72 unless the department has certified that individual under s. ATCP 77.22 to perform that test.
   2. (b) Pursuant to s. ATCP 77.23 (2), the department may approve an individual to perform a drug residue test under s. ATCP 65.72 as a screening test, even though the individual is not certified under s. ATCP 77.22 to perform that test as a confirmatory test.

   3. (c) Bulk load tests for drug residues under s. ATCP 65.72 shall be conducted at the receiving dairy plant by any of the following:

      1. 1. An individual approved by the department to conduct drug residue tests.

      2. 2. An individual who performs drug residue tests only under the direct supervision of an individual approved and certified under subd. 1.

         Note: A laboratory performing milk quality tests must be certified under ch. ATCP 77.

4. (4) Test methods. Milk testing under ss. ATCP 65.70 and 65.72 shall use test methods prescribed in the applicable FDA 2400 series laboratory evaluation forms, published by the United States department of health and human services, public health service, food and drug administration, that are in effect on February 1, 2008. If no FDA form applies, testing shall be conducted according to methods prescribed in the ”Standard Methods for the Examination of Dairy Products,” 17th Edition (2004), or in ”Official Methods of Analysis of AOAC International,” 18th Edition (2005).

   Note: Copies of the FDA 2400 series laboratory evaluation forms in effect on February 1, 2008, are on file with the department and the legislative reference bureau. To find out how to obtain a copy of these forms, you may contact the department at the following address:

   Wisconsin Department of Agriculture, Trade and Consumer Protection

   Division of Food Safety

   Laboratory Certification Program

   P.O. Box 8911, Madison, WI 53708-8911

   Telephone: (608) 224-4712

   The American Public Health Association’s “Standard Methods for the Examination of Dairy Products,” 17th Edition (2004), is on file with the department and the legislative reference bureau and may be obtained from the American Public Health Association, Inc., 800 I Street, NW, Washington, D.C. 20001, telephone 202-777-2742, website www.apha.org.

   The “Official Methods of Analysis of AOAC International,” 18th Edition (2005), is on file with the department and the legislative reference bureau and may be obtained from AOAC International, 2275 Research Blvd., Rockville, MD 20850, telephone 800-379-2622, website https://www.aoac.org .

5. (5) Bacteria counts. Bacteria counts required under s. ATCP 65.70 and bacteria counts that may affect the amount paid to a milk producer shall be obtained by means of a standard plate count, plate loop count, or petrifilm aerobic count method.
6. (6) Drug residues. Drug residue tests required under s. ATCP 65.72 shall be performed according to s. ATCP 65.72.
7. (7) Somatic cells. Somatic cell counts required under s. ATCP 65.70 (4) and somatic cell counts that may affect the amount paid to a milk producer shall be obtained by means of a direct microscopic somatic cell count or an electronic somatic cell count. The Pyronin Y-Methyl green stain test may be used in place of a direct microscopic somatic cell count or electronic somatic cell count for goat milk and shall be used to confirm a direct microscopic somatic cell count or electronic somatic cell count on goat milk that exceeds 1,000,000 per ml.
8. (8) Testing deadlines. A milk quality test shall be conducted within the time period specified by the test method.

History

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (a) 2. made under s. 35.17, Stats., Register August 2016 No. 728.