Header:
WISCONSIN ADMINISTRATIVE CODE
AGRICULTURE, TRADE AND CONSUMER PROTECTION
CHAPTER ATCP 60 DAIRY FARMS
SUBCHAPTER V -- INSPECTION AND ENFORCEMENT
Date:
08/31/2009
Document:
ATCP 60.275 Drug residue violations; producer sanctions.
(1) WARNING NOTICE. (a) Requirement. Whenever the food safety division receives notice under s. ATCP 60.19 (8) that a producer milk sample has tested positive for a drug residue, the division shall mail a warning notice to that producer. The warning notice takes effect 3 days after it is mailed. The warning notice shall include all of the following:
1. A description of the positive drug residue findings which caused the department to issue the notice.
2. The warnings specified in pars. (b) and (c).
3. Notice of the producer's right to hearing under par. (d).
4. Notice that the division or its agent will conduct an investigation under sub. (4).
(b) Grade A permit suspension; 21-day notice. The warning notice under par. (a) shall state that, 21 days after the effective date of the warning notice, the food safety division will suspend the producer's'grade A dairy farm permit unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
(c) Dairy farm license suspension; 45-day notice. The warning notice under par. (a) shall state that, 45 days after the effective date of the warning notice, the food safety division will initiate action to suspend the producer's dairy farm license unless, prior to that date, the producer certifies to the division that the producer has implemented a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
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 department 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.
(d) Right to informal hearing. If a producer receiving a warning notice under par. (a) disputes the drug residue findings on which the notice is based, the 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 producer requests an informal hearing, the food safety division shall hold an informal hearing at the division's nearest regional office or by telephone. The division shall hold the informal hearing within 10 business days after the division receives the request for hearing, unless the producer agrees to a later hearing date. The division may withdraw a warning notice if it appears that the notice was not justified.
(2) GRADE A PERMIT SUSPENSION. (a) Notice suspending permit. If the food safety division does not receive a producer certification within the 21-day period specified under sub. (1) (b), the division shall mail a notice to the producer suspending the producer's grade A permit. The suspension notice shall comply with s. ATCP 60.29. The suspension notice takes effect 3 days after it is mailed. The division shall notify the dairy plant operator of the suspension, and shall provide the operator with a copy of the suspension notice.
(b) Permit reinstatement. 1. If the department suspends a milk producer's grade A dairy farm permit under par. (a), the producer may ask the food safety division to reinstate the permit. The producer shall file the reinstatement request in writing, on a form provided by the department under s. ATCP 60.29 (4). The request shall certify that the producer has implemented, a drug residue prevention program on the producer's dairy farm in consultation with a licensed veterinarian.
2. Within 7 days after the department receives a complete reinstatement request under subd. 1., the department shall inspect the producer's dairy farm. The department shall charge a reinspection fee for the inspection, pursuant to s. ATCP 60.04. If, upon inspection, it appears that all conditions potentially responsible for the positive drug residue finding have been corrected, the inspector shall reinstate the producer's grade A farm permit, and shall notify the dairy plant of the reinstatement.
3. If a milk producer does not request reinstatement under subd. 1. within 6 months after the producer's grade A 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 producer files a new application under s. ATCP 60.03. Written notice to this effect shall be included in the suspension notice under par. (a), and shall also be provided to the producer at the time of revocation. This subdivision does not apply if the producer's grade A permit suspension has been contested and the contested case proceeding is pending.
(3) LICENSE SUSPENSION. License suspension; failure to implement drug residue prevention program. If the food safety division does not receive a producer certification within the 45-day period specified under sub. (1) (c), the division shall file a complaint asking the department to suspend the producer's dairy farm license until the producer implements a drug residue prevention program.
(b) License suspension; 3 violations within 12 months. If, within any 12 month period, the food safety division receives 3 notices under s. ATCP 60.19 (8) that milk samples from the same producer have tested positive for drug residues, the division shall file a complaint asking the department to suspend the producer's dairy farm license for at least 30 days.
Note: The producer sanctions under this section are in addition to any other sanctions provided under this chapter or ch. 93 or 97, Stats., and do not limit the application of those other sanctions.
(4) INVESTIGATION. Within 30 days after the department issues a warning notice under sub. (1), the food safety division or its agent shall conduct an investigation to determine the cause of the drug residue violation, and to identify milk producer actions that may be needed to prevent future violations. The food safety division may direct the dairy plant operator who procures milk from the producer to conduct the investigation as the division's agent and report its findings to the division, in writing, within the 30-day time period.
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