1. (1) Audit surveys by certifying agency.

   1. (a) Requirement. The division shall perform audit surveys of grade A dairy plants, and the dairy farms shipping milk to those dairy plants, to establish a grade A sanitation compliance rating under this chapter. The division shall survey a grade A dairy plant, and the farms shipping milk to that dairy plant, at all of the following times:

      1. 1. Within 20 business days after the department first issues a grade A dairy plant permit to the dairy plant under s. ATCP 65.04.
      2. 2. At least once every 2 years after the initial survey under subd. 1.

   2. (b) Survey method. A survey, under par. (a), shall include an inspection of the grade A dairy plant, an inspection of a randomly selected statistically representative sample of dairy farms in a BTU shipping grade A milk to that dairy plant, and an evaluation of the division’s enforcement methods. A survey shall be conducted in compliance with “Methods of Making Sanitation Ratings of Milk Supplies,” 2013 revision, published by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services.

      Note: The “Methods of Making Sanitation Ratings of Milk Supplies” is on file with the division and the legislative reference bureau. Copies may be purchased from the Milk Safety Team, HFS-626, Food and Drug Administration, Public Health Service, United States Department of Health and Human Services, 5100 Paint Branch Parkway, College Park, MD 20740-3835. Also available online at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2007965.htm.

   3. (c) Survey rating. Based on a survey under par. (a), the division shall assign an overall grade A sanitation compliance rating to the dairy plant and the dairy farms in the BTU that ship milk to that dairy plant.

   4. (d) Unsatisfactory survey rating; grade A permit suspension. The department may suspend or revoke a dairy plant’s grade A permit if the sanitation compliance rating for that dairy plant under par. (c) falls below 80%. This subsection does not prohibit the department from suspending or revoking a grade A dairy plant permit for any other reason.

      Note: Procedures, related to the suspension or revocation of a grade A dairy plant permit, are set forth in ch. ATCP 1. If a compliance rating falls below 80%, the department may also decertify the dairy plant as an interstate milk shipper. Decertification may prevent the dairy plant operator from shipping grade A dairy products in interstate commerce.

2. (2) Inspection frequency.

   1. (a) Except as provided in par. (b), the division shall inspect every grade A processing plant at least once every 3 months, every grade A receiving station at least once every 3 months, and every grade A transfer station at least once every 6 months.

   2. (b) Paragraph (a) does not apply to a grade A processing plant, receiving station, or transfer station that the United States food and drug administration lists as being enrolled in the program described in PMO Appendix K.

      Note: PMO Appendix K describes a voluntary “hazard analysis-critical control point (HACCP)” program for dairy plants. The HACCP program serves as a partial alternative to traditional inspection. If a dairy plant is currently enrolled in the HACCP program, as indicated by the Interstate Milk Shippers List published by the United States food and drug administration, the department is not required to inspect the dairy plant with the normal frequency required under sub. (2)(a). If an enrolled dairy plant fails to comply with HACCP program standards in PMO Appendix H, the food and drug administration may ”de-list” the dairy plant from the HACCP program and the department must then inspect the dairy plant at the normal frequency required by sub. (2)(a). PMO Appendix K is on file with the division and the legislative reference bureau. Copies may be obtained from the department at cost or online at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk.

3. (3) Dairy product sampling; frequency.

   1. (a) Pasteurized milk and dairy products; sample testing. Except as provided in par. (c), the division in every consecutive 6-month period shall collect from every grade A dairy plant at least 4 samples of each pasteurized grade A dairy product produced by that dairy plant. The division shall collect each sample in a separate month, except that the division may collect 2 of the samples in the same month if it collects those 2 samples at least 20 days apart and collects the other two samples in two other months. Dairy plants producing pasteurized grade A dairy products on an intermittent basis shall notify the division of intended production schedules to facilitate sample collection under this paragraph. The division shall measure and record the temperature of each pasteurized grade A dairy product from which the samples are collected and shall test the samples for bacteria counts, coliform counts, and beta lactam drug residues. The division may collect additional samples and perform additional tests that the division considers necessary.
   2. (b) Raw milk held at dairy plant; sample testing. During every consecutive 6-month period, the division shall collect at least 4 samples of commingled raw milk from each grade A dairy plant that receives raw milk. The division shall collect each sample in a separate month, except that the division may collect 2 of the samples in the same month if it collects those 2 samples at least 20 days apart and collects the other two samples in two other months. The division shall measure and record the temperature of the raw commingled milk from which the division collects each sample and shall test each sample for bacterial counts and beta lactam drug residues. The division may collect additional samples and perform additional tests that the division considers necessary.
   3. (c) Paragraph (a) does not apply to a grade A condensed or dry milk product that is not produced on a continuous monthly basis, provided that the division collects at least 5 samples within each continuous production period.

History

History: CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16.