Current through August 26, 2024
(1) GENERAL. Dairy
products shall be protected from contamination and decomposition while being
received, processed, handled, conveyed, or held at a dairy plant. Dairy
products shall be received, processed, handled, conveyed, and held in a manner
that keeps the products in a safe, wholesome, and unadulterated
condition.
(2) STORAGE
TEMPERATURES.
(a) Milk and dairy products
shall be stored at temperatures listed in pars. (b) to (e), unless the division
has authorized alternative temperature limits in writing. An authorization by
the division shall be valid for 5 years, and may be renewed upon a written
request from the dairy plant operator.
(b) Except as provided under par. (e),
unpasteurized grade A milk and grade A dairy products received for processing
at a dairy plant shall be kept at a temperature of 45º F. (7º C.) or
less until pasteurized or, if pasteurization is not required, until processed.
This paragraph does not apply to unpasteurized grade A milk received at a dairy
plant within 2 hours after milking, provided that the unpasteurized milk, after
subsequent pasteurization, is held in compliance with par. (d).
(c) Except as provided under par. (e),
unpasteurized grade B milk and other grade B dairy products received for
processing at a dairy plant shall be kept at a temperature of 50º F.
(10º C.) or less until pasteurized or, if pasteurization is not required,
until processed. This paragraph does not apply to unpasteurized milk received
at a dairy plant within 2 hours after milking, provided that the unpasteurized
milk, after subsequent pasteurization, is held in compliance with par.
(d).
(d) Except as provided under
par. (e), all pasteurized milk and dairy products, after being pasteurized,
shall be cooled to a temperature of 45º F. (7º C.) or less and shall
then be kept at that temperature at all times. This paragraph does not apply to
a grade A cultured dairy product while being cultured, to a dried milk product,
or to a grade A dairy product that is sterilized and packaged in a hermetically
sealed package.
(e) No milk or
dairy product may be held at a dairy plant for more than 4 hours at a
temperature that is between 45º F. (7º C.) and 140º F. (60º
C.). This paragraph does not apply to any of the following:
1. Grade A cultured dairy products and grade
A acidified dairy products while being cultured, provided process controls are
monitored and documented by the dairy plant operator in accordance with item 17
(p) of the PMO.
2. Dried dairy
products.
3. Butter during
micro-fixing.
4. Cheese while being
cured, ripened, or tempered for further processing.
5. Pasteurized cream while being ripened for
churning into butter.
6. Whey and
whey products during the process of crystallization, provided process controls
for crystallization of grade A whey and whey products are monitored and
documented by the dairy plant operator in accordance with item 17 (p) of the
PMO.
7. Acid whey with titratable
acidity of not less than 0.40 %, expressed as ¶ lactic acid, or a pH of
not higher than 4.6.
8. Dairy
products that are sterilized and packaged in hermetically sealed
packages.
9. Grade B whey
originating from pasteurized milk to which one or more starter cultures was
added, if the surfaces contacted by that whey have been cleaned and sanitized
before holding, transport, and receipt of the whey and the received whey is
either pasteurized or cooled to 50º F. or colder not more than 8 hours
after its generation at a licensed dairy plant.
(3) PASTEURIZATION. Dairy products shall be
pasteurized in compliance with subch. IV.
(4) STORING DAIRY PRODUCTS AND INGREDIENTS.
(a) Areas used to store dairy products and
ingredients shall be kept in a clean, sanitary, and orderly condition, free
from conditions that may adulterate the dairy products or dairy product
ingredients.
(b) Dairy products
shall be stored at temperatures specified under sub. (2). Other potentially
hazardous foods, including potentially hazardous ingredients used in making
dairy products, shall be stored at safe temperatures as defined in s.
ATCP 65.01(60).
(c) Dairy products and ingredients shall be
stored in an orderly manner, so that storage areas can be easily inspected and
cleaned. Dairy products and ingredients may not be stored under conditions that
may cause adulteration. Storage areas shall be constructed and maintained so
that waste liquids do not accumulate in those areas.
(d) Dairy products and ingredients may not be
stored in a manner that may attract or harbor pests. No pesticides or other
toxic materials may be stored in a manner that may contaminate dairy products,
dairy product ingredients, or packaging materials.
(5) REPROCESSING AND DISPOSAL OF DAIRY
PRODUCTS.
(a) A dairy plant operator may not
reprocess, for use in any dairy product, packaged grade A dairy products that
have left the custody of the dairy plant or that have originated from another
dairy plant. This does not prohibit any of the following:
1. The use, as ingredients, of packaged dairy
products that are specifically manufactured and packaged for use as ingredients
in other dairy products.
2.
Reprocessing dry milk and dry milk products returned to the dairy plant,
provided that the product package is intact.
3. Reprocessing dairy products collected from
a packaging defoamer system or drained from processing equipment at the end of
a run, if those dairy products are collected and handled in a sanitary manner,
held at a temperature of 45º F. (7º C.) or less, and
re-pasteurized.
4. Reprocessing
specifically authorized in writing by the division, under conditions specified
by the division.
(b) A
dairy plant operator shall discard any packaged grade A dairy products that are
returned to a dairy plant by a wholesaler or retailer. Pending disposal,
returned grade A dairy products shall be kept in an area that is clearly
designated as a holding area for returned products. The holding area shall be
separate from other areas used for the receipt, storage, or processing of dairy
products.
(c) A dairy plant
operator shall discard all milk and dairy products that have spilled,
overflowed, or leaked from equipment, utensils, or packages. This paragraph
does not apply to milk and dairy products caught and collected in a sanitary
manner, in equipment specifically designed for that purpose.
(6) DAIRY PRODUCTS INTENDED FOR
NON-FOOD USE. Milk and dairy products not intended for human consumption shall
be clearly and conspicuously labeled as being not for use as human food. No
person may repackage or sell, for use as human food, any milk or dairy products
labeled or intended for non-food use.
Note: The manufacture and sale of animal feed
is subject to separate licensing and regulation under s.
94.72,
Stats.
(7) RECONSTITUTED OR
RECOMBINED DAIRY PRODUCTS; PASTEURIZATION.
(a) A dairy plant operator shall pasteurize
reconstituted or recombined dairy products after those dairy products are
reconstituted or recombined, except when the resulting product is exempt from
pasteurization under s.
ATCP 65.54(2).
(b) A dairy plant operator may not commingle
pasteurized dairy products with unpasteurized milk or dairy products unless the
dairy plant operator pasteurizes the resulting product or the resulting product
is exempt from pasteurization under s.
ATCP 65.54(2).
(c) A dairy plant operator shall take
effective measures to prevent cross contamination between pasteurized and
unpasteurized dairy products.
(8) PRESSURIZED AIR AND STEAM; CONTACT WITH
DAIRY PRODUCTS. Pressurized air and steam coming in contact with a dairy
product or product contact surface shall be clean, safe, and free of
contaminants. The system used to generate and supply pressurized air and steam
shall comply with applicable "3-A Sanitary Standards" and "3-A Accepted
Practices" listed in ch. ATCP 65 Appendix A.
Note: The "3-A Sanitary Standards" and "3-A
Accepted Practices" listed in APPENDIX A are published by 3-A Sanitary
Standards, Inc., 1451 Dolley Madison Boulevard, Suite 210, McLean, VA
22101-3850, telephone (703)790-0295, website www.3-a.org. Copies are on file with the division and
the legislative reference bureau. Copies may be purchased from the "3-A
Sanitary Standards, Inc. Online Store" at
http://www.techstreet.com.
(9) FIRE, FLOOD, OR CALAMITY
DAMAGE. If a dairy product or ingredient is subjected to possible contamination
in a fire, flood, or other calamity, no person may sell or reprocess that
product or ingredient for human consumption unless the division first inspects
the product or ingredient and authorizes its sale or reprocessing for human
consumption. A dairy plant operator shall notify the division whenever dairy
products or ingredients in the operator's possession have been subjected to
possible damage or contamination because of fire, flood, or other
calamity.
