1. (1) Annual certification required.

   1. (a) Except as provided in par. (b), no person may perform any laboratory test listed under s. ATCP 77.02 to determine whether milk, food or water complies with public health standards required under federal or state law unless the department annually certifies the laboratory operator to perform that test at the laboratory where the test is performed. An annual certificate expires on December 31 of each year.

      Note: A laboratory operator certified under sub. (1) (a) to perform a specified drug residue test may perform both the confirmatory drug residue test for which that operator is certified, as well as the corresponding drug residue screening test.

   2. (b) An operator may perform a drug residue test as a screening test under s. ATCP 77.23 at the operator’s laboratory, even though the operator is not certified under par. (a) to perform that drug residue test as a confirmatory test, if the department annually approves the operator to perform that drug residue screening test at that laboratory. An annual certificate of approval expires on December 31 of each year.

2. (2) Scope of certification.

   1. (a) A person who operates 2 or more laboratories shall obtain a separate certification under sub. (1) for each laboratory. A certification may not be transferred between operators or laboratories.
   2. (b) The department shall identify, in each certification under sub. (1), the tests which the operator is certified to perform at that laboratory.

   3. (c) An operator approved under sub. (1) (b) to perform a drug residue test as a screening test may not perform that test as a confirmatory test unless the operator is certified to do so under sub. (1) (a).

      Note: The department may approve a laboratory operator, under s. ATCP 77.23, to perform a drug residue screening test on milk even though the department has not certified that laboratory operator under this section to perform that test as a confirmatory test. See also s. ATCP65.76.

3. (3) Certificate displayed. An operator shall display, at a prominent location in each certified laboratory, the current certification issued for that laboratory under sub. (1).

4. (4) Exemptions. Subsection (1) does not apply to any of the following:

   1. (a) The United States government.
   2. (b) Milk testing by the department.
   3. (c) An educational institution that operates a laboratory solely for teaching or academic research purposes, and does not test milk, water or food for human consumption.
   4. (d) A person who operates a laboratory solely to conduct quality control tests on food or water sold by that person, provided that the tests are not required by statute, rule or ordinance.

History

History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; emerg. renum. (2) (c) to be (2) (b), cr. (2) (c), eff. 11-15-01; CR 01-124: renum. (2) (c) to be (2) (b), cr. (2) (c) Register December 2002 No. 564, eff. 1-1-03; CR 07-003: r. and recr. (1) and (2) (c), Register January 2008 No. 625, eff. 2-1-08.