1. (1) Collection frequency.

   1. (a) If milk from a grade A or grade B dairy farm violates a standard under s. ATCP 65.70 on any single test, milk from that farm shall be collected at least once every 2 days until a subsequent test shows that the milk from that dairy farm complies with that standard. This paragraph does not require a bulk milk weigher and sampler to collect milk if collection would violate ch. ATCP 65.
   2. (b) A dairy plant operator receiving milk from a dairy farm shall immediately notify the bulk milk weigher and sampler and milk producer whenever milk from that dairy farm must be collected more frequently in order to comply with par. (a). No dairy plant operator may receive milk collected in violation of par. (a).

2. (2) Supplies required for milk collection and sampling. A bulk milk weigher and sampler who collects milk in bulk shall have the following supplies available:

   1. (a) An adequate supply of sample containers to collect samples under s. ATCP 82.12. The sample containers shall comply with s. ATCP 82.12 (4).

   2. (b) A sample device to collect samples under s. ATCP 82.12.

      1. 1. If using a sample dipper, it shall be kept in a sample dipper well designed for that purpose.
      2. 2. The sample dipper well shall contain a sanitizing solution of not less than 100 ppm nor more than 200 ppm chlorine or another acceptable sanitizing solution at the appropriate concentration per the manufacturer’s requirements. The bulk milk weigher and sampler shall carry a sanitizing solution test kit(s) that will allow them to assure the strength of the sanitizing solution should they need to refill the dipper well.
      3. 3. If using a sampling straw, it shall be single use pre-sterilized.
      4. 4. If using an automatic sampling device, the operator taking the official sample shall have the supplies needed as directed by the manufacturer’s instructions.
   3. (d) An insulated carrying case with a rack to hold samples collected under s. ATCP 82.12. The carrying case shall comply with s. ATCP 82.12 (6) (a).
   4. (e) A dial or digital thermometer, calibrated for accuracy against a thermometer traceable to a National Institute of Standards and Technology certified thermometer at least every 6 months, accurate to plus or minus 2°F., that can be used to check the accuracy of farm bulk tank indicating thermometers under sub. (6) (b).
   5. (f) A marking device to identify samples collected under s. ATCP 82.12. Samples shall be identified according to s. ATCP 82.12 (6).
   6. (g) A watch or other timing device.
   7. (h) A method to prepare milk collection records under sub. (10).
   8. (i) An adequate supply of single-service paper towels.
3. (3) Bulk milk weigher and sampler sanitation. A bulk milk weigher and sampler shall wear clean clothes when measuring, sampling, or collecting milk at a dairy farm. A bulk milk weigher and sampler shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. No bulk milk weigher and sampler who has a discharging or infected wound, sore, or lesion on his or her hands or exposed arms may measure, sample, or collect milk at a dairy farm.

4. (4) Examining milk by sight and smell.

   1. (a) Before any person receives or collects milk from a dairy farm, where possible, that person shall examine the milk by sight and smell, and shall reject all milk that has an objectionable odor, that is abnormal in appearance and consistency, or that is visibly adulterated.
   2. (b) A bulk milk weigher and sampler who rejects milk under par. (a) may not collect that milk, or commingle it with milk from any other producer. If a producer disputes a bulk milk weigher and sampler’s rejection of milk, the bulk milk weigher and sampler shall contact the operator of the dairy plant to which the milk would ordinarily be delivered, and the dairy plant operator shall examine the rejected milk to determine whether it was properly rejected.

5. (5) Hand washing. A bulk milk weigher and sampler shall wash and dry his or her hands before performing any of the following operations at a dairy farm:

   1. (a) Using the bulk milk weigher and sampler’s calibrated thermometer to measure the temperature of milk in a dairy farm bulk tank.
   2. (b) Measuring the milk in the bulk tank.
   3. (c) Sampling the milk in the bulk tank.

6. (6) Milk temperature.

   1. (a) Before a bulk milk weigher and sampler accepts milk, the bulk milk weigher and sampler shall ensure the temperature of the milk to be accepted meets requirements listed below and is recorded. If the milk is collected more than 2 hours after the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 45°F (7°C). If milk from 2 or more milkings is collected within 2 hours of the last milking, the bulk milk weigher and sampler shall reject the milk if the milk temperature exceeds 50°F (10°C). Milk that does not meet these temperature requirements may be collected if, within 4 hours after collection, the milk has begun to be processed exclusively into milk or dairy products not designated as a grade A dairy product under s. ATCP 65.01 (26) and (27).
   2. (b) At least once each month, and more often if necessary, a bulk milk weigher and sampler, or a person designated by the dairy plant, shall check the accuracy of each dairy farm bulk tank indicating thermometer or other temperature measuring device by measuring the temperature of milk in the bulk tank with a temperature measuring device that meets the standards of this chapter. The bulk milk weigher and sampler or designated person shall keep a written record comparing the temperatures indicated by the calibrated thermometer with those indicated by the temperature measuring device. The record must be readily accessible for at least one year. In the case of a temperature recording device, the accuracy shall be checked every 6 months and verified to be within ± 2°F (1°C) of the calibrated thermometer.
   3. (c) Before a bulk milk weigher and sampler or designated person uses a dial or digital thermometer to measure the temperature of milk at the dairy farm, the weigher and sampler or designated person shall sanitize the stem of the thermometer in an acceptable sanitizing solution at the appropriate concentration according to the label directions. The bulk milk weigher and sampler or designated person shall use the sanitizing solution according to label directions.
   4. (d) A bulk milk weigher and sampler shall immediately notify the milk producer and the dairy plant operator if the bulk milk weigher and sampler finds that a dairy farm bulk tank is not cooling properly, or that the bulk tank thermometer is not indicating or recording temperatures accurately.
7. (7) Connecting milk hose. Before a bulk milk weigher and sampler connects a bulk milk tanker hose to a dairy farm bulk tank, the bulk milk weigher and sampler shall examine the fittings of the bulk milk tanker hose and the dairy farm bulk tank outlet to ensure that both are clean. Before connecting the hose, the bulk milk weigher and sampler shall clean and sanitize the bulk tank outlet if the outlet valve is leaking or unclean. The bulk milk weigher and sampler shall attach the milk hose to the bulk tank outlet in a manner that does not contaminate the hose or hose cap. The hose shall be connected through the hose port in the milkhouse, and not through the milkhouse door.

8. (8) Measuring milk.

   1. (a) When measuring milk from a dairy farm bulk tank, before milk is transferred from a farm bulk tank to a bulk milk tanker, the bulk milk weigher and sampler shall accurately measure the amount of milk in the bulk tank. The bulk milk weigher and sampler shall measure the milk using a gauge rod or other measuring device that is specifically designed and calibrated to measure milk in the bulk tank. Immediately before using a gauge rod, the bulk milk weigher and sampler shall wipe it dry with a clean single-service disposable towel.

      1. 1. A bulk milk weigher and sampler shall not measure the amount of milk in a dairy farm bulk tank until the milk is motionless. If the milk is being agitated, the bulk milk weigher and sampler shall turn off the agitator and wait for the milk to become completely motionless before measuring the milk.
      2. 2. After measuring the milk with a gauge rod or other device, the bulk milk weigher and sampler shall use that measurement to calculate the weight or volume of milk in the bulk tank using the bulk tank manufacturer’s conversion chart. The bulk milk weigher and sampler shall have a method to record that weight or volume under sub. (10).

   2. (bg)

      1. 1g. When measuring at the farm or receiving facility using a department approved in-line measuring device, the bulk milk weigher and sampler shall follow all manufacturer’s requirements for the use of that device.
      2. 1r. The bulk milk weigher and sampler shall ensure the weight or volume is recorded.

      3. 2. The department may approve a farm to use an on-farm in-line measuring device to obtain the volume of milk from the dairy farm. The department may not approve the dairy farm to use an in-line measuring device unless all of the following apply:

         1. a. At least one individual at the farm is a licensed bulk milk weigher and sampler under this chapter.
         2. b. If the in-line measuring device in use is also being used to obtain the official sample, the sampling device has been approved by the department to produce a representative sample.
         3. c. The licensed bulk milk weigher and sampler shall train all personnel who work with any part of the in-line measuring device and maintain records of the training.
         4. d. All dairy farm personnel working with the in-line measuring device shall follow all manufacturer’s instructions for the device in use.
   3. (cr) When measuring the milk by weight at a receiving facility, the facility shall use a certified scale. The tanker shall be weighed when full and again after it has been emptied. Care must be taken to assure that the configuration of the tanker is taken into account for both weighings.

9. (9) Milk sample for testing.

   1. (a) Using an approved sampling method, a bulk milk weigher and sampler shall collect a representative sample of milk from the bulk tank or bulk milk tanker for testing. The bulk milk weigher and sampler shall collect the test sample according to s. ATCP 82.12.

   2. (b) If sampling takes place directly from the bulk tank, no additional milk may be added to the bulk tank until after all of the following:

      1. 1. Sampling has occurred.
      2. 1m. If the tank is going to be measured, the measuring has occurred.
      3. 2. The pick-up of milk is complete.
      4. 3. The pick-up hose is disconnected from the bulk tank.
   3. (c) If sampling and measuring takes place downstream from the bulk tank by approved in line sampling and measuring devices, pre-cooled milk may be added to the bulk tank during the loading of the milk.

10. (10) Milk collection record. Before a bulk milk weigher and sampler accepts milk, the bulk milk weigher and sampler shall ensure the following information regarding the milk to be accepted is recorded. The information shall be readily available at the dairy farm and provided to the dairy plant operator before or at the time the milk is delivered to the dairy plant. The collection record shall include the legible unique identifier of the bulk milk weigher and sampler and shall include all of the following:

    1. (a) The milk producer’s dairy plant identification number.
    2. (b) The bulk milk weigher and sampler’s license number.
    3. (c) The date and time when the milk was sampled and accepted.
    4. (d) The temperature of the milk when accepted, as determined by the bulk milk weigher and sampler under sub. (6).
    5. (e) The weight or volume of milk accepted, as determined by the bulk milk weigher and sampler under sub. (8).

11. (11) Loading milk.

    1. (a) When collecting milk from a dairy farm bulk tank, after a bulk milk weigher and sampler has sampled milk from a farm bulk tank under sub. (9) and prepared a complete collection record under sub. (10), the bulk milk weigher and sampler may transfer milk from that bulk tank to the bulk milk tanker. A bulk milk weigher and sampler may not collect milk from any container on a dairy farm other than from a bulk tank. Except as provided in par. (am), partial removal of milk from the bulk tank shall only be permitted if the bulk tank is completely emptied, cleaned, and sanitized prior to the addition of more milk to the bulk tank.

    2. (am) Partial removal of milk from the bulk tank shall be permitted if all of the following apply:

       1. 1. The bulk tank is equipped with a 7-day recording device approved by the department as specified in s. ATCP 65.16 (3).
       2. 2. The bulk tank is cleaned and sanitized when emptied.
       3. 3. The bulk tank is emptied at least every 72 hours.
       4. 4. The bulk milk weigher and sampler assures the time and date is indicated on the recording chart or electronic record when a partial pickup is made and when the bulk tank is emptied.
    3. (b) After a bulk milk weigher and sampler has collected all of the milk from a bulk tank, the bulk milk weigher and sampler shall disconnect the milk hose from the bulk tank, cap the hose, and return the hose to its cabinet in the bulk milk tanker. The bulk milk weigher and sampler shall inspect the bulk tank for abnormal sediments, and shall report any abnormal sediments to the dairy plant operator and milk producer present.
    4. (c) After the bulk milk weigher and sampler has disconnected the milk hose and inspected the empty bulk tank for abnormal sediments, the bulk milk weigher and sampler shall rinse the bulk tank and milkhouse floor with cold or lukewarm water unless the bulk tank is self-cleaning and includes a pre-rinse cycle as part of the self-cleaning process.

History

History: Cr. Register, November, 1994, No. 467, eff. 12-1-94; CR 07-006: am. (2) (intro.), (c), (d), (f) and (6) (c), Register January 2008 No. 625, eff. 2-1-08; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2008 No. 625; CR 13-104: am. (1) (a), (b), (2) (intro.), (c) to (e), (3), (4) (b), (5) (a), renum. (5) (a) (intro.), 1. to 3. to (5) (intro.), (a) to (c) and am., r. (5) (b), am. (6) (to) (8), renum. (9) to (9) (a) and am., cr. (9) (b), am. (10) (intro.), (a), (b), (d), (e), (11) (a), cr. (11) (am), am. (11) (b), (c) Register July 2014 No. 703, eff. 8-1-14; CR 14-073: am. (6) (a) Register August 2016 No. 728, eff. 9-1-16; correction in (11) (am) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2016 No. 728; CR 24-086: am. (1) (a), renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1. to 4., r. (2) (c), am. (2) (h), (4) (a), (6) (a) to (c), (7), (8) (title), renum. (8) (a) to (c) to be (8) (a) (intro.), 1., 2. and, as renumbered, am. (8) (a) (intro.), 2., cr. (8) (bg), (cr), am. (9) (a), (b) (intro.), 1., cr. (9) (b) 1m., (c), am. (10) (intro.), (b) to (e), (11) (a), (am) 1., 4., (b) Register October 2025 No. 838, eff. 11-1-25; correction in numbering in (8) (bg) made under s. 13.92 (4) (b) 1., Stats., Register October 2025 No. 838; correction in (11) (am) 1. made under s. 35.17, Stats.