Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 65 - Milk And Milk Products
Subchapter III - Dairy Plants
Section ATCP 65.24 - Construction and maintenance
Universal Citation: WI Admin Code ยง ATCP 65.24
Current through August 26, 2024
(1) GENERAL.
(a) Buildings, facilities, and equipment used
in the operation of a dairy plant shall be soundly constructed and shall be
capable of being maintained in a clean and sanitary condition. The interior and
exterior portions of a dairy plant and the premises on which a dairy plant is
located shall be kept free of unhealthful and unsanitary conditions and shall
be maintained in compliance with this chapter.
(b) The division may issue a written waiver
granting a variance from a construction standard under this subchapter if the
division finds that the variance is reasonable and necessary under the
circumstances, and will not compromise the purpose served by the construction
standard and the facility does not hold a grade A permit. A waiver under this
paragraph may be issued by the administrator of the division or the
administrator's designee.
(c) After
the effective date of this chapter, a dairy plant may not be directly connected
to a milking barn, milking parlor or animal housing area. A dairy plant may be
separated from a milking barn, milking parlor or animal housing area by a room
not used for animal husbandry or milking, provided doors between the dairy
plant, the room not used for animal husbandry or milking, and the milking barn,
milking parlor, or animal housing area are self-closing and kept closed when
not in use.
(2) FLOORS. The floors of all rooms in which dairy products are processed, handled, or stored or in which dairy product containers, equipment, or utensils are cleaned and sanitized shall be all of the following:
(a) Kept clean and in good repair.
(b) Smooth enough to be easily
cleanable.
(c) Constructed of
concrete or equally impervious and easily cleanable materials. This paragraph
does not prohibit tightly joined wooden floors in storage rooms used solely for
the storage of dry ingredients or packaging materials, or both.
(d) Sloped to provide adequate drainage. This
paragraph does not apply to floors in storage rooms used solely for the storage
of dry ingredients or packaging materials, or both.
(e) Equipped with an adequate number of
trapped floor drains, so that any liquids draining onto the floors are promptly
removed. Floors in refrigerated storage rooms need not have floor drains if the
floors are sloped to drain to one or more exits to prevent pooling of liquids.
This paragraph does not apply to floors in storage rooms used solely for the
storage of dry ingredients or packaging materials, or both.
(3) WALLS AND CEILINGS.
(a) Walls and ceilings of rooms in which
dairy products are handled, processed, or stored, or in which dairy product
containers, equipment, or utensils are cleaned and sanitized, shall have a
smooth, washable, and light-colored surface, and shall be kept clean and in
good repair. Suspended ceiling panels are prohibited in any room where powdered
dairy products are packaged or processed if that room was constructed or
substantially altered after December 1, 1994.
Note: Walls and ceilings may consist, for example of smooth finished concrete construction panels or cement plaster.
(b) If condensation
may accumulate on overhead pipes, ducts, or other fixtures, those fixtures
shall be arranged or shielded so that condensation does not drop into dairy
products or ingredients, or onto product contact surfaces of equipment,
utensils, or packaging materials.
(c) In rooms constructed or substantially
altered after the effective date of this chapter, the junctions of walls and
floors in processing areas shall be coved to facilitate cleaning.
(4) DOORS, WINDOWS, AND OTHER OPENINGS.
(a) Doors, conveyor openings, and
other openings to the outside environment shall be kept closed when not in use,
and shall at all times be protected against the entry of insects, rodents, and
excessive dust. Doors to the outside, other than overhead doors and electronic
sliding doors in delivery areas of milk receiving stations and grade B dairy
plants, and emergency exit doors routinely used by dairy plant personnel shall
be self-closing. External screen doors, if any, shall open outward.
Note: Air curtains, strip curtains, and similar devices may be used to prevent insects and excessive dust from entering through doors and other openings while those openings are in use.
(b) Windows, if not
permanently closed, shall be screened against flying insects, rodents, and
birds. In dairy plants constructed or substantially altered after the effective
date of this chapter, window ledges shall be sloped to an angle of at least
45º below horizontal to facilitate cleaning.
(c) Outside openings of dairy product
pipelines shall be tightly capped when not in use. When a pipeline is in use,
the pipeline cap shall be tethered or placed on a sanitary hanger or rack to
protect it from contamination. Pipeline openings through walls shall be
completely cemented or fitted with tight metal collars.
(d) At each doorway leading from a
non-processing area to a processing area in which exposed dairy products are
processed, a dairy plant operator shall provide a sanitizing footbath,
disposable footwear, dedicated footwear, or other facilities to ensure that
footwear worn in the processing area is clean and sanitary.
(5) LIGHTING.
(a) Lighting in every area of a dairy plant
shall be fully adequate for the purpose for which the area is used. Except as
provided under par. (b) or (c), there shall be at least 5 foot candles (54 lux)
of illumination, measured at 30 inches above the floor, in every part of a
dairy plant.
(b) Except as provided
under par. (c), there shall be at least 30 foot candles (323 lux) of
illumination at every place where dairy products are processed and at every
place where equipment or utensils are cleaned and sanitized.
(c) There shall be at least 50 foot-candles
(538 lux) of illumination on every surface where dairy products are graded or
examined for condition and quality, and on every surface where multi-use
packages are inspected before being reused.
(d) Light bulbs, fluorescent light tubes,
skylights, and other overhead glass fixtures shall be shielded to prevent
broken glass from falling into dairy products or onto dairy product contact
surfaces.
(6) VENTILATION.
(a) Every room in a dairy plant
shall be adequately ventilated and adequately controlled for temperature and
humidity to keep the room reasonably free of fumes, odors, mildew, and
excessive condensation.
(b)
Ventilation systems, including exhaust fans, intake fans, and ventilation
ducts, shall be kept clean and in good repair and shall be screened or louvered
to prevent contamination of dairy products, ingredients, equipment, utensils,
or packaging materials by dust, insects, or other contaminants. Intake fans
shall be equipped with filters that are readily removable for cleaning and
replacement. Air intake filters shall be capable of removing at least 85% of
particulate matter that is 5 microns or larger in size.
(c) Ventilation systems in a dairy plant
shall be positioned so that exhaust air does not contaminate exposed dairy
products, clean dairy product packages, or clean equipment or
utensils.
(7) ROOMS.
(a) Dairy plant rooms shall be large enough
so that activities conducted in those rooms can be conducted in a safe and
sanitary manner.
(b) Within a dairy
plant, all of the following areas shall be located in separate rooms:
1. Raw milk unloading areas.
2. Areas used to clean and sanitize bulk milk
tankers or bulk transport containers. Bulk milk tankers and bulk transport
containers may be cleaned and sanitized in the same room where they are
unloaded.
3. Processing
areas.
4. Areas used to clean or
sanitize dairy product packages or containers.
5. Areas used to store or fabricate dairy
product packages. Packaging materials required for each day's processing
operations may be kept in a processing area on that day.
6. Areas used to store dairy product
ingredients, other than raw milk. Ingredients required for each day's
processing operations may be kept in the processing area on that day.
7. Areas used to receive, handle, or store
returned packaged dairy products.
8. Areas used for boiler, heating plant,
utility, or maintenance equipment.
9. Employee toilet areas.
10. Employee locker areas, dressing areas,
break areas, and lunch areas.
11.
Areas, if any, used as living quarters. Processing or storage rooms that are
constructed after the effective date of this chapter, and share one or more
walls with adjacent living or sleeping quarters, shall have a separate entrance
and shall not provide direct access to the living or sleeping
quarters.
(c) In dairy
plants constructed or licensed after December 1, 1994, raw milk shall be
unloaded in a fully enclosed intake room.
(d) Notwithstanding par. (b), a dairy plant
operator may store, cool, separate, and clarify raw milk in an area that the
operator uses to unload bulk milk shipments if all the following apply:
1. The area is within a fully enclosed
room.
2. Containers used to store,
cool, separate, and clarify the raw milk are filtered or vented to a separate
room to protect the milk from airborne contamination in the unloading area. If
containers are vented to a separate room, that room shall comply with
processing area sanitation standards under this chapter.
(e) Notwithstanding par. (d), a dairy plant
operator may not store, cool, separate, or clarify raw milk in a room used to
unload bulk milk shipments if any of the following apply:
1. The dairy plant was constructed or
licensed after December 1, 1994.
2.
The dairy plant is a grade A dairy plant constructed or licensed after July 1,
1980.
3. The storage, cooling,
separating, or clarifying operations were initiated after December 1,
1994.
(f) Rooms, other
than rooms adjacent to sleeping or living quarters, are considered separate,
for purposes of this subsection, if they are fully separated by permanent
floor-to-ceiling partitions and if doorways between the rooms are equipped with
solid, tight-fitting, self-closing doors. Rooms adjacent to sleeping or living
quarters must comply with sub. (11) above.
(8) DAIRY PLANT WATER SUPPLY.
(a) Water used in dairy plant operations, or
as an ingredient in dairy products, shall be obtained from a source that
complies with applicable provisions of ch. NR 811 or 812. All water obtained
for use in a dairy plant shall comply with the microbiological standards in ch.
NR 809. Water shall be available in consistently adequate quantity for all
dairy plant operations, including processing, cleaning, handwashing, and
drinking. The division may grant a conditional waiver for elevated levels of
non-microbial contaminants as defined in ch. NR 809 in processing water or
ingredient water.
(b) If a dairy
plant uses water from a privately owned water system, the dairy plant operator
or, in the case of a grade A dairy plant, the division shall, at least once
every 6 months, and after a repair or alteration to the water system, collect
and analyze a sample of the water for compliance with the microbiological
standards under s.
NR 809.30. If a dairy plant produces grade A and grade B
products, a division representative shall collect and analyze the water
samples. If the water supply is from more than one well, each well shall be
sampled and tested. Each sample shall be taken upstream from any pressure tank
or other water treatment equipment. Microbiological analyses shall be conducted
in a laboratory certified under ch. ATCP 77.
(c) At the division's request, a dairy plant
operator who receives water from a municipal source shall provide the division
with documentation showing that the water complies with the microbiological
standards under s.
NR 809.30.
(d) Recirculated water may be used in a
cooler or heat exchanger that may come in contact with any dairy product if it
is all of the following:
1. Obtained from a
safe source that complies with par. (a), or reclaimed in compliance with s.
ATCP 65.24(9) (b).
2.
Bacteriologically safe, protected from contamination.
3. Tested by the dairy plant operator at
least semiannually or, in the case of a grade A dairy plant, by the department
at least semiannually.
(e) If a recirculating water system becomes
contaminated, that system may not be used until it is properly treated and
retested to ensure that the contamination has been eliminated. The freezing
point depressants used in recirculating water systems shall be food or
pharmaceutical grade, non-toxic propylene glycol, and shall not contain
coliform bacteria as determined by sampling and analysis which the dairy plant
operator has done at least semi-annually.
(f) A dairy plant operator may use only
potable water, or reclaimed water in compliance with sub. (9) (c), to produce
culinary steam. In boilers used to produce culinary steam, boiler water
additives shall comply with 21 CFR. 173.310.
(g) All of the following requirements apply
to water that is transported to a dairy plant in a container or tank, for use
in dairy plant operations:
1. The water shall
be potable.
2. The container or
tank shall be thoroughly cleaned and sanitized before being filled.
3. The container or tank shall be sealed, and
the water shall be protected from contamination during transit.
4. A food-contact appropriate, cleaned and
sanitized pump, hose, and fittings shall be used to transfer water from the
container or tank to a storage tank at the dairy plant, so that the water is
not contaminated during transfer.
(h) If a grade A dairy plant uses water to
flush pasteurized milk or milk products from milk processing systems, that
water shall be of a microbiological quality equivalent to that of pasteurized
milk.
(9) RECLAIMED WATER.
(a) A dairy plant operator may use
water reclaimed from heat exchanger processes or from the condensation of milk
or dairy products if all the following apply:
1. The water is reclaimed from a heat
exchanger process or by means of evaporation, reverse osmosis, or
ultrafiltration.
2. The water meets
applicable use conditions under par. (c).
(b) Except as provided in par. (c), reclaimed
water may not be used for any purpose requiring potable water unless all the
following apply:
1. The department
pre-inspects and pre-approves the reclamation system.
2. The reclaimed water contains less than 1
coliform bacterium per 100 ml. of water.
3. The reclaimed water otherwise meets the
microbiological standards set forth in s.
NR 809.30.
4.
The organic content of the water is less than 12 mg. per liter as measured by
the chemical oxygen demand or permanganate-consumed test, or the water has a
standard turbidity of less than 5 units. The dairy plant operator shall use an
automatic fail-safe monitoring device to identify, and automatically divert to
a waste water system, any water reclaimed from the condensation of dairy
products if that water fails to meet this standard.
5. The reclaimed water is of satisfactory
organoleptic quality. The dairy plant operator shall sample and
organoleptically test reclaimed water at weekly intervals.
6. Any chemicals used to suppress bacterial
growth, tastes, or odors in the reclaimed water are registered for that use
with the U.S. environmental protection agency. The dairy plant operator who
uses any chemical to suppress bacterial growth, tastes, or odors shall comply
with the chemical label instructions. An added chemical may not contain any
substance that may contaminate dairy products or limit the use of reclaimed
water. An automatic proportioning device shall add the chemicals to the water
before the water enters the storage tank. The dairy plant operator shall test
reclaimed water at least daily to verify that each added chemical is present at
an approved level.
7. The reclaimed
water is stored in a properly constructed tank. The tank shall be constructed
of a material that can be easily cleaned and sanitized and will not contaminate
the water.
8. The dairy plant
operator or, in the case of a grade A dairy plant, the division tests the
reclaimed water for compliance with microbiological and organic content
standards at least semi-annually. The operator shall test the reclaimed water
for 14 working days after the department approves the reclamation system under
subd. 1., and for at least 7 working days after any repairs or alterations to
the system.
9. There are no
cross-connections between reclaimed water lines and any public or private water
system.
10. Reclaimed water from
membrane processing of unpasteurized milk or unpasteurized dairy products shall
be heat-treated for a time and at a temperature providing at least the same
lethality against microorganisms as milk pasteurization.
(c) 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:
1. The reclaimed water meets all
conditions under par. (b) 1., 2., 4. to 7., and 9.
2. The reclaimed water is used only on the
day that it is reclaimed, except that reclaimed water may be stored for later
use if it is automatically maintained at a temperature of not less than
145º F. (63º C.), or is chemically treated to suppress bacterial
propagation. Chemical treatments shall comply with par. (b) 6.
3. Distribution lines and hose stations used
to distribute the reclaimed water are clearly identified as "limited-use
reclaimed water."
4. The dairy
plant operator posts clear instructions for the use of the reclaimed water. The
operator shall post the instructions so that they will be seen by persons using
the reclaimed water, and the instructions shall be written in such a way that
they will be understood by the persons using the reclaimed water. The
instructions shall disclose the limited purposes for which the reclaimed water
may be used.
5. Water lines
distributing the reclaimed water are not permanently connected to dairy product
vessels. If a water line is temporarily connected to a dairy product vessel,
there shall be an atmospheric break and automatic controls to prevent the
reclaimed water from contacting dairy products.
(d) Reclaimed water that does not qualify for
use, under par. (b) or (c), may only be used as boiler feedwater.
(10) PLUMBING SYSTEM; DISPOSAL OF SEWAGE AND LIQUID WASTE.
(a) All dairy plant
plumbing, plumbing fixtures, and equipment shall comply with state and local
plumbing codes and shall be designed, installed, and maintained to prevent
backflow, backsiphonage, and cross-connections.
(b) Sewage and liquid waste from a dairy
plant shall be removed in a sanitary manner, in compliance with applicable
state and local regulations.
Note: Plumbing and plumbing fixtures must comply with applicable rules of the Wisconsin department of safety and professional services under chs. SPS 382 to 386.
(11) CLEANING FACILITIES.
(a) If equipment or utensils in a dairy plant
are cleaned or sanitized manually, the dairy plant shall be equipped with wash
and rinse sinks that are suitable for all manual cleaning and sanitizing
operations. Sinks shall be conveniently located and adequate in number, and
shall comply with all of the following requirements:
1. Every sink shall be constructed of
stainless steel or one or more other materials approved by the
division.
2. Every sink shall have
at least 2 compartments. If a dairy plant is also engaged in food processing as
defined under s.
97.29(2) (b), Stats., every sink installed in a food
processing area after December 1, 1994 shall have at least 3 compartments for
washing, rinsing, and sanitizing equipment and utensils unless the dairy plant
operator uses an alternative method for sanitizing equipment and utensils that
the division has approved in writing.
3. Every sink compartment shall be large
enough so that the largest item cleaned or sanitized in the sink can be halfway
immersed in the sink. Every sink compartment shall be served by hot and cold
running water and shall be cleaned prior to each use.
(b) Sinks used to clean and sanitize
equipment and utensils may not be used as handwashing sinks.
(c) Brushes and other cleaning tools used to
clean equipment and utensils shall be cleaned after each use and sanitized
prior to their next use. Single-service disposable towels, if used to clean
equipment or utensils, shall be discarded after a single use.
(d) If a mechanical system is used to clean
or sanitize equipment or utensils, the mechanical system shall be designed,
installed, and maintained so that it is fully effective for the purpose
used.
(e) A dairy plant shall be
equipped with conveniently located hose connections to facilitate cleaning
operations in the dairy plant. When hoses are not in use, they shall be neatly
stored off the floor on racks or reels.
(12) TOILET FACILITIES.
(a) Every dairy plant shall have toilet
facilities that comply with chs.
SPS
361 to 365.
(b) Toilet rooms shall be conveniently
located, but shall not open directly into any room where milk or dairy products
are processed. Every toilet room shall be completely enclosed and shall have a
tight-fitting, solid, self-closing door. The door shall be kept closed except
when in use or when the toilet room is being cleaned or repaired.
(c) Toilet rooms and fixtures shall be kept
clean, sanitary, and in good repair. A supply of toilet tissue shall be
provided at each toilet at all times.
(d) Every toilet room shall be equipped with
hand-washing facilities with hot and cold running water, soap, and
single-service towels or air hand-drying equipment. Common towels are
prohibited. Easily cleanable, covered receptacles shall be provided for waste
materials.
(e) One or more
conspicuous signs, directing personnel to wash their hands before returning to
work, shall be prominently posted in every toilet and dressing room. Signs
shall be clearly printed in a language or languages that can be understood by
all dairy plant personnel.
(13) LOCKER AND LINEN FACILITIES.
(a) Clothing and personal items of dairy
plant personnel, when not being worn or carried, shall be neatly stored in
lockers or comparable facilities provided for that purpose. Clothing and
personal items may not be stored in areas where milk, dairy products, or
ingredients are received, processed, handled, or stored, or in areas where
dairy product containers, equipment, or utensils are cleaned or
stored.
(b) Work clothing, when not
being worn by dairy plant personnel, shall be stored in an orderly and sanitary
manner. Soiled linen and clothing shall be kept in nonabsorbent containers or
laundry bags until removed for laundering or disposal. Soiled linen and
clothing shall be removed as often as necessary to prevent unsanitary
conditions.
(14) HANDWASHING SINKS IN PROCESSING AREAS.
(a)
Handwashing sinks shall be provided for use by all dairy plant personnel
working in each processing room or area. The sinks shall be conveniently
accessible, and shall be kept in a clean and sanitary condition.
(b) A supply of soap or detergent, and a
sanitary, single-service means for drying hands, shall be provided at each
handwashing sink at all times. Common towels are prohibited. If disposable
towels are used, a clean, covered waste receptacle shall be provided for their
disposal.
(c) A handwashing sink
may not be used to rinse, wash, or sanitize equipment or utensils.
(d) A handwashing sink installed to serve a
processing area shall be located in that processing area. The sink shall be
served by potable tempered water, or by potable hot and cold water delivered
through a mixing valve or combination faucet. The sink shall not be hand
operated. If a self-closing, slow-closing, or metered faucet is used, the
faucet shall provide an uninterrupted flow of water for at least 15 seconds
before it becomes necessary to reactivate the faucet.
(e) An automatic handwashing device may be
substituted for a handwashing sink under this subsection if the automatic
handwashing device operates in a safe and effective manner.
(15) INTERIOR PREMISES; CLEANLINESS. Every room of a dairy plant shall be kept in a clean and orderly condition.
(16) EXTERIOR PREMISES; CLEANLINESS.
(a) The premises surrounding a
dairy plant shall be well drained and shall be kept in an orderly condition.
The premises shall be kept free of accumulated trash, garbage, excess
vegetation, and other objects that may harbor vermin, be a source of airborne
dust or dirt, or hold standing water. Driveways and parking lots shall be
surfaced or maintained to minimize airborne dust and dirt.
(b) Every outdoor storage tank used for
liquid food ingredients shall be located on a drained impermeable surface. All
loading and unloading of liquid food ingredients from that storage tank shall
be conducted above a drained impermeable surface.
(17) GARBAGE AND SOLID WASTE DISPOSAL.
(a) Garbage and solid waste shall be removed
from the dairy plant premises as often as necessary to keep the premises in a
clean and sanitary condition.
(b)
Garbage and solid waste storage areas shall be constructed and maintained so
that they are easily cleanable and do not attract or harbor insects, rodents,
or other animals; do not hold standing water, and are not a source of airborne
dust or dirt.
(c) Garbage and solid
waste shall be held in durable, leak-proof, easily cleanable, and
pest-resistant containers. Containers shall be covered with tight-fitting lids,
and shall be cleaned when necessary to prevent unsanitary conditions. Waste
containers receiving solid waste from packaging and bottle washing operations
may be uncovered, if necessary, when those operations are in
progress.
(d) No garbage or solid
waste may be burned on the dairy plant premises, except in compliance with
state and local regulations. No garbage or solid waste may be burned on the
premises if the burning may contaminate dairy products.
(18) PEST CONTROL. A dairy plant shall be free of any evidence of insect, rodent, or other pest infestation. A dairy plant operator shall take effective measures to prevent and, if necessary, eradicate pest infestations. No pesticide may be stored, handled, or used in a manner inconsistent with label directions, in a negligent manner, or in a manner that may contaminate dairy products.
Note: Pesticides must be handled, stored, and used in compliance with ss. 94.67 to 94.71, Stats., and ch. ATCP 29.
(19) CONSTRUCTION PLANS; NOTIFICATION; REVIEW. Before constructing, substantially reconstructing, or extensively altering a dairy plant, a dairy plant operator shall provide the division with complete plans and specifications for the construction, reconstruction, or alteration. Within 30 days after a dairy plant operator files plans with the division under this subsection, the division shall return its comments or objections, if any, in writing.
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