Current through August 26, 2024
(1) GENERAL. The department may suspend or
revoke a milk producer's license, as provided in s.
93.06(7),
Stats. The suspension or revocation of a milk producer's license also suspends
or revokes a grade A producer permit held by the milk producer. A dairy plant
shall not receive milk from a milk producer whose milk producer's license is
suspended or revoked.
(2) ORDER FOR
SUSPENSION OR REVOCATION. Except when a summary suspension is ordered as
provided under sub. (3), the department may not suspend or revoke a milk
producer's license except by order of the secretary or the secretary's
designee, as provided in ch. ATCP 1, after notice and opportunity for hearing
under subch. III of ch. 227, Stats. The division may file a written complaint
with the department, seeking the suspension or revocation of a milk producer's
license. Pending completion of the suspension or revocation, the secretary or
secretary's designee may issue interim orders as necessary to protect the
public health, safety, and welfare.
(3) SUMMARY SUSPENSION BY THE DIVISION. The
division may issue a written notice summarily suspending a milk producer's
license if the division makes a written finding in its suspension notice that
the milk producer has refused to permit inspection or sampling authorized by
law, or that one or more conditions in pars.
(a) to (e) are present, or one or more
conditions indicate the sale or shipment of milk from the milk producer's dairy
farm poses an imminent hazard to public health and there is a reasonable
likelihood that the hazard will continue if the milk producer's license is not
summarily suspended. A summary suspension notice shall comply with s.
ATCP 65.925 and becomes effective when served on the milk
producer. A milk producer served a summary suspension may request a hearing on
the summary suspension notice, as provided in s.
ATCP 65.928.
(a) An inspection of the milk producer's
dairy farm reveals gross violations of dairy farm standards under subchapter
II, or reveals violations that constitute an acute hazard to public
health.
(b) A confirmed standard
plate count or plate loop count on the milk producer's milk exceeds 1,000,000
per ml.
(c) Milk from the milk
producer's dairy farm is reasonably believed to contain pesticides or toxic
substances that may be harmful to humans.
(d) An infectious disease, transmissible to
humans through milk, is diagnosed by a licensed veterinarian in the milk
producer's herd.
(e) The producer
has not made an agreement with the division for the disposition of violations,
as required in any warning notice issued under s.
ATCP 65.922(4) or (5).
(4) INSPECTION BEFORE
REINSTATEMENT; REINSPECTION FEE. If an inspection is required for reinstatement
of a grade A producer permit or milk producer license that is suspended or
revoked under this section, the department shall charge a reinspection fee
under s.
ATCP 65.02(19) for the
inspection.
(5) WARNING NOTICE
PRECEDING A SUSPENSION OF A GRADE A MILK PRODUCER PERMIT.
(a) The division shall mail, serve in person,
or prominently post in the milkhouse a written warning to a milk producer
holding a Grade A milk producer permit whenever any of the following occurs:
1. Two of the last 4 bacterial counts
reported to the division under s.
ATCP 65.70(2) (d) exceed 100,000 per ml.,
in violation of the standard for grade A milk under s.
ATCP 65.70(2).
2. Two of the last 4 somatic cell counts
reported to the division under s.
ATCP 65.70(4) (e) exceed 750,000 per ml.,
for cow or sheep milk, or 1,000,000 per ml. for goat milk, in violation of the
standard under s.
ATCP 65.70(4).
3. Two of the last 4 milk temperature
readings violate standards for grade A milk under s.
ATCP 65.70(5).
4. A division representative finds a key
violation as defined in s.
ATCP 65.01(33) during an inspection,
including one or more repeat violations during 2 consecutive inspections, on a
grade A dairy farm.
(b)
A warning notice, under par. (a) 1. to 3., shall state that the milk producer's
grade A producer permit will be suspended if milk quality testing indicates a
subsequent violation of the standard under s.
ATCP 65.70 to which the warning notice pertains. A copy of
the notice shall be mailed to the dairy plant operator who receives the milk
producer's milk. A warning notice becomes effective 3 business days after it is
mailed, and remains in effect as long as the standard cited in the warning
notice is violated on 2 of the last 4 reported tests.
(c) A warning notice, under par. (a) 4.,
shall state that the department will suspend the milk producer's grade A
producer permit if the producer does not correct the violation by a deadline
date specified in the notice. The division representative shall specify a
correction deadline based on the seriousness of the key violation and the time
reasonably required to correct the key violation. The correction deadline shall
be not less than 3 days nor more than 65 days after the division representative
issues the warning notice. The division representative shall mail or deliver a
copy of the warning notice to the dairy plant operator or milk contractor who
procures milk from the milk producer. The warning notice shall include a notice
of the milk producer's right to hearing under s.
ATCP 65.928.
(d) Not less than 3 calendar days
nor more than 21 calendar days after a warning notice under par. (a) 1. to 3.
becomes effective, the dairy plant operator, who receives the milk from the
warned milk producer, shall obtain and test a sample of the milk producer's
milk for compliance with the milk quality standard cited under par. (a) 1. to
3. A milk sample collected under s.
ATCP 65.38 and tested by a dairy plant operator under
subchapter V satisfies this requirement, provided that the sample is obtained
and tested within the time period specified under this paragraph, and the dairy
plant operator reports the test result to the division within the applicable
reporting time specified under subch. V.
(6) SUSPENSION OF A GRADE A MILK PRODUCER
PERMIT.
(a) The division shall mail a written
notice to a milk producer suspending the milk producer's grade A producer
permit, if any of the following occurs while a warning notice under s. ATCP 65.920(5) remains in effect:
1. Three of the
last 5 bacterial counts reported to the division under ss.
ATCP 65.70(2) (d) and 65.920(5) (c) exceed
100,000 per ml.
2. Three of the
last 5 somatic cell counts reported to the division under ss.
ATCP 65.70(4) (e) and 65.920(5) (c) exceed
750,000 per ml.
3. Three of the
last 5 milk temperature readings violate standards for grade A milk under s.
ATCP 65.70(5).
4. If within 7 days after the correction
deadline under sub. (5) (a) 4. the division representative finds that the milk
producer has not corrected a key violation cited in the warning notice issued
under sub. (5) (a) 4.
(b) The suspension of a milk producer's grade
A producer permit becomes effective when the suspension notice is served under
s.
ATCP 65.925(6). The department shall give
prior oral or written notice of the suspension, and mail or deliver a copy of
the suspension notice, to the dairy plant operator who receives the milk
producer's milk. The suspension notice shall comply with s.
ATCP 65.925. If a suspension notice is served under par.
(a) 4., the division representative shall, within 24 hours, notify the dairy
plant operator who receives the milk producer's milk, and place a tag
indicating that the milk is now to be handled as grade B milk on the outlet
valve of the bulk tank or the outlet valve of a bulk milk tanker into which
milk is directly transferred by a milking system under s.
ATCP 65.16(5), in order to notify the bulk
milk weigher and sampler of the suspension. A person adversely affected by the
suspension notice may request a hearing on the notice as provided under s.
ATCP 65.928.
(7) REINSTATEMENT OF
GRADE A MILK PRODUCER PERMIT.
(a) A milk
producer may ask the department to reinstate a grade A producer permit
suspended under s. ATCP 65.920(6). The milk producer shall make the request in
writing, on a form provided by the department under s.
ATCP 65.925(4). If the suspension occurred
because of a violation of sub. (6) (a) 1. to 3., the request shall include the
result of a milk quality test performed by the dairy plant operator who
receives the milk producer's milk on a milk sample collected after the
effective date of the suspension, showing that the milk producer is no longer
violating the relevant milk quality standard.
(b) Within 7 days after the department
receives a complete reinstatement request that complies with par. (a) the
department shall do one of the following:
1.
If the milk producer seeks reinstatement of a grade A producer permit suspended
under sub. (6) (a) 1. to 3., the department shall reinstate the grade A
producer permit. The department shall notify the milk producer and the dairy
plant operator who receives the milk producer's milk of the reinstatement
within 24 hours.
2. If the milk
producer seeks reinstatement of a grade A producer permit suspended under sub.
(6) (a) 4., the department shall inspect the dairy farm and charge a
reinspection fee under s.
ATCP 65.02(19). A division representative
shall reinstate the grade A producer permit if the division representative
finds that the milk producer has corrected all the conditions potentially
responsible for the violations cited in the suspension notice. The division
representative shall notify the dairy plant operator who receives the milk
producer's milk of the reinstatement within 24 hours.
(c) If a milk producer does not request
reinstatement, under par. (a), within 6 months after the producer's grade A
producer permit is suspended under this section, the permit is automatically
revoked at the end of the 6-month period. Once revoked, the grade A producer
permit may not be reinstated except upon the filing of a new application under
s.
ATCP 65.02(10). Written notice of the
reinstatement process shall be provided to the milk producer at the time of
suspension. This paragraph does not apply if the suspension of the milk
producer's grade A producer permit has been contested, and the contested case
proceedings are still pending. The time limit for the reinstatement request is
measured from the conclusion of the contested case proceedings concerning the
suspension of the milk producer's grade A producer permit.
Subsection (7) does not prohibit the division from
summarily suspending a milk producer's license and grade A producer permit
under s. ATCP 65.920 without prior warning if the division determines that any
of the circumstances identified under s. ATCP 65.920(3) exist.
