Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 81.23 - Cheese grading

(1) GENERAL. Any cheese represented to be of one of the grades under s. ATCP 81.22(1) shall conform to the standards and characteristics for the labeled grade, and shall be graded by a licensed grader or by the department. After the grade is determined, a grade mark or label under s. ATCP 81.22(2) shall be affixed to the cheese, to the cheese wrapper or container, or to a tag attached to the container before the cheese enters wholesale channels of distribution.

(2) MOISTURE AND MILKFAT CONTENT. The moisture and milkfat content requirements of each variety of cheese for which grade standards are set forth in this chapter shall comply with the standards of identity for the cheese variety under s. 97.09(1), Stats.

(3) STATE GRADE CERTIFICATION. All cheese graded as Wisconsin certified premium grade AA shall have the grade certified by a department grader. No person may use the Wisconsin certified premium grade AA label on cheese which has not been certified by the department. The department may also certify, upon request, a cheese grade other than Wisconsin certified premium grade AA. The department shall charge a fee to cover its cost to perform a grade certification under this subsection, regardless of whether the certification is mandatory or voluntary. Cheese which develops any objectionable defect after department grade certification shall be regraded by a licensed cheese grader. Appropriate changes shall be made in the grade labeling before further distribution or sale of the cheese.

(4) MINIMUM AGE OF CHEESE FOR STATE GRADE CERTIFICATION. All cheese except Swiss or emmentaler cheese offered for grade certification under sub. (3) shall be at least 10 days old on the date of certification. Swiss or emmentaler cheese shall be at least 60 days old on the date of certification. Age shall be determined from the date of manufacture.

(5) GRADING PROCEDURE; GENERAL.

(a) To grade cheese from any vat lot, a grader shall withdraw and evaluate at least one plug from a cheese sample selected at random from that vat lot. The grader shall withdraw each plug with a cheese trier that complies with par. (b).

(b) A cheese trier shall comply with the following requirements, as applicable:

1. A cheese trier used to draw a cheese plug for the purpose of grading any cheese variety other than barrel cheese shall be constructed with a 6 inch barrel. The trier shall be tapered from a 13/16 inch diameter at the large end to a 10/16 inch diameter on the small end. The cutting depth of the barrel shall be 1/4 inch at the small end and 3/8 inch at the large end.

2. A cheese trier used to draw a plug of barrel cheese for the purpose of grading shall have a barrel which is not less than 9 inches in length. A trier for barrel cheese shall be tapered from a 15/16 inch diameter at the large end to a 11/16 inch diameter at the small end. The cutting depth of the barrel shall be 1/2 inch at the large end tapered to 5/16 inch at the small end.

3. A cheese trier used to draw a plug for grading conventional sizes of brick and muenster cheese shall be constructed with a 5 inch long barrel tapered from a diameter of 5/8 inch at the large end to a diameter of 15/32 inch on the small end. The cutting depth of the barrel shall be 7/32 inch at the small end and 5/16 inch at the large end.

(5m) Swiss cheese grading procedure. To grade Swiss or emmentaler cheese from any vat lot, a grader shall use the following procedure in place of the procedure under sub. (5):

(a) The grader shall determine flavor and body characteristics by withdrawing and evaluating at least one plug from a cheese sample selected at random from the vat lot. The grader shall withdraw the plug with a trier, inserting the trier at the approximate center of the largest flat surface area on the cheese sample. The grader shall withdraw and evaluate a full trier plug of cheese, except that a grader may withdraw and evaluate a less-than-full trier plug if the cheese is not deep enough to permit withdrawal of a full trier plug.

(b) Except as provided in par. (c) or (d), a grader shall determine texture, color and eye characteristics by evaluating a cheese wheel or block selected at random from the vat lot. The grader shall divide the cheese wheel or block approximately in half, and shall evaluate the 2 exposed cut surfaces.

(c) If cheese from a vat lot has been cut into sizes smaller than a wheel or block, a grader may determine texture, color and eye characteristics by evaluating already exposed cut surfaces without making additional cuts.

(d) At the request of the cheese owner, a grader may determine the texture, color and eye characteristics of a vat lot by withdrawing and evaluating at least one plug of cheese selected at random from that vat lot, rather than by evaluating cut surfaces under par. (b) or (c). The grader shall withdraw and evaluate the plug according to par. (a). The grader shall disclose, on the grade certification or inspection report, that the grader used this grading. The authorized representative of a cheese owner may request this grading method on behalf of the cheese owner.

(6) REGRADING. Cheese which has developed any objectionable flavor or other defect after grading shall be regraded. Original grade labels shall be removed and correct grade labels applied. When cheese is regraded, the "Not graded" designation may not be used as an alternative to the actual regraded designation.

(7) APPEALING GRADE CHANGES. A licensed cheese grader may appeal a grade change ordered by a department cheese grader. The petition may consist of a request for review by a department grading specialist of the original grade determination. The cost of the grade determination review shall be charged to the petitioner. Any party affected by a grade certification may also appeal to the department as provided in s. 93.11(4) and (5), Stats. The appeal shall be requested in writing and shall be made not later than 10 days following the date of delivery of the cheese to the purchaser.

(8) ARBITRATION. If disagreement occurs between a producer and a buyer as to the grade of cheese, the disagreement may be resolved by arbitration. The cheese may not be moved or further processed pending arbitration. Either party to the transaction may request appointment of a grade arbitration committee. The committee shall consist of 3 arbitrators, selected from a list of licensed graders compiled by the department. Each party shall appoint one arbitrator and the 2 arbitrators initially selected shall appoint a third. The decision of the arbitration committee on the grade of the cheese shall bind the parties. The party who requests arbitration shall pay the costs of arbitration.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 81.23

Cr. Register, April, 1993, No. 448, eff. 5-1-93; am. (4), Register, January, 1996, No. 481, eff. 2-1-96; CR 01-057: r. and recr. (5) (a), renum. (5) (b) to (d) to be (5) (b) 1 to 3., cr. (5) (b) (intro.) and (5m), Register June 2002 No. 558, eff. 7-1-02.