Current through August 26, 2024
(1) WARNING NOTICE.
Whenever the division receives notice under s.
ATCP 65.72(9) that a milk producer milk
sample has yielded a confirmed positive test result for drug residue, the
division shall mail a warning notice to that milk producer. The warning notice
takes effect 3 business days after it is mailed. The warning notice shall
include all of the following:
(a) A
description of the positive drug residue findings that caused the division to
issue the notice.
(b) The deadlines
and penalties specified in subs. (2), (4), or (5).
(c) Notice of the milk producer's right to
hearing under sub. (6).
(d) Notice
that a division representative will conduct an investigation under sub.
(3).
(2) DEADLINES AND
PENALTIES AFTER A FIRST VIOLATION IN 12 MONTHS.
(a)
Grade A producer permit
suspension; 21-day deadline. The warning notice under par. (a) shall
state that, no less than 21 days after the effective date of the warning
notice, the department will suspend the milk producer's grade A producer permit
unless, prior to that date, the milk producer certifies to the division that
the milk producer has implemented a drug residue prevention program on the milk
producer's dairy farm in consultation with a licensed veterinarian.
(b)
Notice suspending grade A
producer permit. If the division does not receive a milk producer
certification within the 21-day period specified under sub. (2) (a), the
department shall mail a notice to the milk producer suspending the milk
producer's grade A producer permit. The suspension notice shall comply with s.
ATCP 65.925. The suspension notice takes effect when the
suspension notice is served under s.
ATCP 65.925(6). The division shall notify
the dairy plant operator or milk contractor who procures milk from the milk
producer of the suspension, and shall provide that dairy plant operator or milk
contractor with a copy of the suspension notice.
(c)
Grade A producer permit
reinstatement. If the department suspends a milk producer's grade A
producer permit, under par. (a), the milk producer may request the department
to reinstate the permit. Written notice of the reinstatement process shall be
included in the suspension notice under par. (a), and shall also be provided to
the milk producer at the time of suspension.
1. The milk producer shall file the
reinstatement request in writing, on a form provided by the department, under
s.
ATCP 65.925(4). The request shall include
a certification or attestation that the milk producer has implemented a drug
residue prevention program on the milk producer's dairy farm in consultation
with a licensed veterinarian.
2.
Within 7 business days after the department receives a complete reinstatement
request under subd. 1., the division shall inspect the milk producer's dairy
farm. The department shall charge a reinspection fee for the inspection,
pursuant to s.
ATCP 65.02(19). If, upon inspection, it
appears that all conditions potentially responsible for the positive drug
residue finding have been corrected and the milk producer has implemented a
qualified drug residue prevention program in consultation with a licensed
veterinarian, the division representative shall reinstate the milk producer's
grade A producer permit and shall notify the dairy plant operator or milk
contractor of the reinstatement within 24 hours.
3. If a milk producer does not request
reinstatement under subd. 1., within 6 months after the milk producer's grade A
producer permit is suspended under par. (a), the permit is revoked
automatically at the end of the 6-month period. A permit, once revoked, may not
be reinstated unless the milk producer files a new application under s.
ATCP 65.02(11). This subdivision does not
apply if the milk producer contests the grade A producer permit suspension and
the contested case proceeding is 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.
(d)
Milk
producer license suspension; 45-day deadline. The warning notice under
par. (a) shall state that, no less than 45 days after the effective date of the
warning notice, the department will initiate action to suspend the milk
producer's license unless, prior to that date, the milk producer certifies to
the division that the milk producer has implemented a drug residue prevention
program on the milk producer's dairy farm in consultation with a licensed
veterinarian.
(e)
Milk
producer license suspension; failure to implement drug residue prevention
program. If the division does not receive a milk producer
certification within the 45-day period specified under par. (d), the division
shall file a complaint asking the department to suspend the milk producer's
license until the milk producer implements a drug residue prevention program.
Note: The drug residue prevention program
under this section should conform to the "Milk and Dairy Beef Quality Assurance
Program" published by Agri-Education, Inc. A copy of that manual is on file
with the division and the legislative reference bureau and may be obtained from
the Milk & Dairy Beef Quality Assurance Center, 801 Shakespeare Avenue,
Stratford, Iowa, 50249, telephone 800-553-2479, website
www.dqacenter.org/catalog.htm.
(3) INVESTIGATION. After the division issues
a warning notice under sub. (1), the division representative shall conduct an
investigation to determine the cause of the drug residue violation and to
identify milk producer actions that may be necessary to prevent future
violations. The division may direct the dairy plant operator or milk contractor
who procures milk from the milk producer to conduct the investigation as the
division's agent and report its findings to the division, in writing.
(4) DEADLINE AND PENALTIES AFTER A
SECOND VIOLATION WITHIN 12 MONTHS. If, at least 24 hours and not more than 12
months after a confirmed positive drug test result is reported to the division,
the division receives a notice under s.
ATCP 65.72(9) of another confirmed
positive drug residue test result on a milk sample from a shipment received
from the dairy farm operating under the same milk producer license, a warning
notice under sub. (1) (a) shall be mailed to the milk producer. The warning
notice takes effect 3 business days after it is mailed and shall include the
information under sub. (1) (a), (c), and (d). The warning notice shall state
that the department shall suspend the milk producer license under s.
ATCP 65.920 for at least 5 days unless the milk producer
agrees within 15 days of the warning notice taking effect to do all of the
following:
(a) Discard one shipment of milk,
as defined by the department, pursuant to s.
ATCP 65.72(7), or pay a civil forfeiture
for the maximum amount, under s.
97.72(2),
Stats., for one violation of this subsection.
(b) Attend and present a certificate of
completion for a drug residue prevention course approved by the department
within 180 days of the warning notice taking effect. The certificate of course
completion shall be signed by the milk producer, a licensed veterinarian, and
the field representative of the dairy plant to which the milk producer's milk
is shipped.
(5) DEADLINE
AND PENALTIES AFTER A THIRD VIOLATION WITHIN 12 MONTHS. If, at least 24 hours
after a second confirmed positive drug residue test result is reported to the
division under sub. (4), and not more than 12 months after a first confirmed
positive drug residue test result is reported to the division under sub. (4),
the division receives a notice under s.
ATCP 65.72(9) of another confirmed
positive drug residue test result on a milk sample received from the dairy farm
operating under the same milk producer license, a warning notice under sub. (1)
(a) shall be mailed to the milk producer. The warning notice takes effect 3
business days after it is mailed and shall include the information under sub.
(1) (a), (c), and (d). The warning notice shall state that the department shall
suspend the milk producer's grade A producer permit, under s.
ATCP 65.920, for at least 10 days unless the milk producer
agrees within 15 days of the warning notice taking effect to do all of the
following:
(a) Discard two shipments of milk,
as defined by the department, pursuant to s.
ATCP 65.72(7), or pay a civil forfeiture
for the maximum amount, under s.
97.72(2),
Stats., for two violations of this subsection.
(b) Develop and implement a drug residue
prevention program approved by the department and present documentation
indicating that this program has been implemented for at least 90 days after
the warning notice taking effect.
Note: The drug residue prevention course shall
cover proper administration of animal medications, be approved by the
department, and require collaboration between the milk producer and a licensed
veterinarian.
(6) RIGHT TO
INFORMAL HEARING. If a milk producer receiving a warning notice under this
section disputes the drug residue findings on which the notice is based, the
milk producer may request an informal hearing to discuss the drug residue
findings. A request for hearing does not automatically stay the warning notice.
If the milk producer requests an informal hearing, the division shall hold an
informal hearing at the division's office or by telephone. The division shall
hold the informal hearing within 20 days after the division receives the
request for hearing, unless the milk producer agrees to a later hearing date.
The division may withdraw a warning notice if it appears that the notice was
not justified.
