Header:
WISCONSIN ADMINISTRATIVE CODE
AGRICULTURE, TRADE AND CONSUMER PROTECTION
CHAPTER ATCP 80 DAIRY PLANTS
SUBCHAPTER V -- PASTEURIZATION
Date:
08/31/2009
Document:
Wis. Adm. Code ATCP 80.52 (2011)
ATCP 80.52 Pasteurizer testing.
(1) GENERAL. The department shall test and seal pasteurization systems according to this section. Except as provided under sub. (6), no person may use any pasteurization system to pasteurize grade A or grade B dairy products unless that system bears the unbroken seals applied by the department under sub. (5).
(2) TEST PROCEDURE. The department shall test grade A and grade B pasteurization systems according to the procedure specified in PMO Appendix I.
Note: PMO Appendix I is on file with the department and the legislative reference bureau. Copies may be obtained from the department at cost or online at http://www.cfsan.fda.gov.
(3) TEST FREQUENCY; GRADE A PASTEURIZERS. The department shall test each grade A pasteurization system at the following times:
(a) Before the pasteurization system is first put into operation.
(b) At least once every 3 months, except that a holding time test may be conducted at least once every 6 months.
(c) Whenever a seal under sub. (5) is broken.
(4) TEST FREQUENCY; GRADE B PASTEURIZERS. The department shall test a grade B pasteurization system at the following times:
(a) Before the pasteurization system is first put into operation.
(b) At least once every 12 months.
(c) Whenever a seal under sub. (5) is broken.
(5) DEPARTMENT SEALS. When the department's test confirms that a pasteurization system is operating correctly, the department shall apply seals that prevent any alteration of the system that would allow any unpasteurized milk or dairy product to flow through the system.
(6) BROKEN SEAL. (a) A dairy plant operator shall notify the department by telephone, electronic mail, or facsimile (FAX) transmission within 2 hours after the dairy plant operator breaks a seal applied by the department under sub. (5), and within 2 hours after a pasteurizing system malfunctions to the possible detriment of public health or safety. The dairy plant operator shall also notify the department in writing, on a form provided by the department, within 5 business days after the seal is broken or the system malfunctions.
(b) A dairy plant operator may not operate a pasteurizer after breaking a seal applied by the department under sub. (5) unless all of the following conditions are met:
1. The dairy plant operator notifies the department under par. (a).
2. The dairy plant operator determines and documents that pasteurization time and temperature requirements under s. ATCP 80.44 are met, and that the pasteurization system is repaired and functioning properly. Time and temperature records required by s. ATCP 80.50 shall be retained for at least 6 months.
3. The dairy plant operator conducts phosphatase tests under par. (d) if the pasteurizer is used to pasteurize white milk. Phosphatase testing shall confirm that pasteurized white milk contains less than 350 milli--units of detectable alkaline phosphatase per liter.
4. A pasteurizer operator qualified under s. ATCP 80.41 (3) is present to operate the pasteurizer, or to supervise its operation.
(c) A dairy plant operator may not operate a pasteurizer for more than 10 calendar days after breaking a seal applied by the department under sub. (5) unless one of the following occurs:
1. The department tests the pasteurizer and replaces the broken seal.
2. A dairy plant operator or employee certified under sub. (7) tests the pasteurizer and replaces the broken seal on an interim basis, pending retesting and resealing by the department.
(d) Phosphatase testing under par. (b) 3. shall comply with all of the following requirements:
1. The dairy plant operator shall collect a test sample, directly from the pasteurizer system, at least once during every 4 hours of pasteurizer operations.
2. The dairy plant operator shall store each test sample at a temperature below 45[degrees] F. (7[degrees] C.) until it is tested, and shall test each sample within 48 hours after it is collected.
3. The dairy plant operator shall test each sample using the Fluorophos ALP method, the Charm Paslite Alkaline Phosphatase method, or another test method approved by the department.
4. Tests shall be performed by an individual who is trained to conduct phosphatase tests on milk. If the dairy plant is a grade A dairy plant, tests shall be performed by a laboratory that the department has certified under ch. ATCP 77 or the PMO.
(7) EMERGENCY TESTING AND SEALING. (a) The department may certify a dairy plant operator or employee to test and seal a pasteurization system in that dairy plant on an emergency basis under par. (b). To be certified under this paragraph, a dairy plant operator or employee shall successfully complete a training course approved by the department. The department may suspend or revoke certification for cause.
(b) A dairy plant operator or employee certified under par. (a) may test and seal a pasteurization system in that dairy plant on an emergency basis, pending retesting and resealing by the department under par. (c), if emergency testing and sealing is necessary to continue pasteurizing operations after the department's seal is broken in an emergency. Testing under this paragraph shall comply with the procedure specified under sub. (2).
(c) The department shall promptly retest and reseal a pasteurization system after the department receives notice under sub. (6) (a) that its seal applied to that system has been broken. The department shall retest and reseal a pasteurization system under this paragraph, regardless of whether the pasteurization system has been tested and sealed under par. (b). The department need not retest or reseal a pasteurization system that is withdrawn from service.
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