Current through August 26, 2024
(1) ANNUAL
CERTIFICATION REQUIRED.
(a) Except as
provided in par. (b), no person may perform any laboratory test listed under s.
ATCP 77.02 to determine whether milk, food or water
complies with public health standards required under federal or state law
unless the department annually certifies the laboratory operator to perform
that test at the laboratory where the test is performed. An annual certificate
expires on December 31 of each year.
Note: A laboratory operator certified under
sub. (1) (a) to perform a specified drug residue test may perform both the
confirmatory drug residue test for which that operator is certified, as well as
the corresponding drug residue screening test.
(b) An operator may perform a drug residue
test as a screening test under s.
ATCP 77.23 at the operator's laboratory, even though the
operator is not certified under par. (a) to perform that drug residue test as a
confirmatory test, if the department annually approves the operator to perform
that drug residue screening test at that laboratory. An annual certificate of
approval expires on December 31 of each year.
(2) SCOPE OF CERTIFICATION.
(a) A person who operates 2 or more
laboratories shall obtain a separate certification under sub. (1) for each
laboratory. A certification may not be transferred between operators or
laboratories.
(b) The department
shall identify, in each certification under sub. (1), the tests which the
operator is certified to perform at that laboratory.
(c) An operator approved under sub. (1)(b) to
perform a drug residue test as a screening test may not perform that test as a
confirmatory test unless the operator is certified to do so under sub. (1)(a).
Note: The department may approve a laboratory
operator, under s.
ATCP 77.23, to perform a drug residue screening test on
milk even though the department has not certified that laboratory operator
under this section to perform that test as a confirmatory test. See also s.
ATCP 65.76.
(3) CERTIFICATE DISPLAYED. An operator shall
display, at a prominent location in each certified laboratory, the current
certification issued for that laboratory under sub. (1).
(4) EXEMPTIONS. Subsection (1) does not apply
to any of the following:
(a) The United
States government.
(b) Milk testing
by the department.
(c) An
educational institution that operates a laboratory solely for teaching or
academic research purposes, and does not test milk, water or food for human
consumption.
(d) A person who
operates a laboratory solely to conduct quality control tests on food or water
sold by that person, provided that the tests are not required by statute, rule
or ordinance.
