Ala. Admin. Code r. 420-3-17-.06
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-3-17-.06 - Administrative Procedures(1) Farm Certification (a) Necessity for Certification 1. Within 90 days from the effective date of these rules and regulations, every farm producing and selling milk for manufacturing purposes shall be inspected and certified as provided in 420-3-17 -.06(i)(b), 420-3-17-.06(i)(c), and 420-3-17-.06(i)(e). On and after the effective date of these rules and regulations, a new producer's farm shall be inspected and certified as provided in 420-3-17-.06(l)(b), 420-3-17-.06(l)(c), and 420-3-17-.06(l)(e) before his first sale of milk for manufacturing purposes. Ninety days from and after the effective date of these rules and regulations, no milk for manufacturing purposes produced on an uncertified farm shall be bought or sold.2. Certified farms shall be inspected annually after initial certification to determine eligibility for recertification. The inspection procedure for recertification shall be the same as that for initial certification.(b) Inspection - Each farm shall be inspected by an inspector or approved fieldman as often as the Health Officer deems necessary. When evidence indicates that it is advisable to do so the Health Officer may require an examination of the herd by a licensed veterinarian. If the farm meets the applicable requirements for permitting described in 420-3-17-.04(1) to 420-3-17-.04(9) as indicated by the Farm Certification Report Form, 420-3-17-.06(4), the farm shall be certified as described in 420-3-17-.06(l)(c). If the farm does not meet the requirements for certification it shall be reinspected within 30 days after the initial inspection. If the farm then meets the requirements for certification, it shall be certified. If the farm does not meet the requirements for certification, it shall not be certified, and the producer's authorization to sell milk for human food from that farm shall be withheld by the Health Officer until such time as the farm qualifies for certification. Provided that, if the inspector determines during any of these inspections that corrections on the farm will require some capital investment, a reasonable extension of the prescribed time limits may be granted by the Health Officer. Each completed Farm Certification Report Form, 420-3-17-.06(4), shall be kept by the Health Officer and a copy shall be given to the producer.(c) Certification - An inspector or approved fieldman shall certify farms that meet the requirements of 420-3-17-.04(1) to 420-3-17-.04(9) as applicable, based upon the inspection procedure described in 420-3-17-.06(l)(b). Farm certification shall authorize the sale from the farm of milk for manufacturing purposes that meets the quality standards of 420-3-17-.03(2) to 420-3-17-.03(4) as determined by the procedures described in 420-3-17-.03(2) to 420-3-17-.03(11).(d) Expiration and Revocation of Certification 1. Farm certification shall expire and become renewable 1 year from the date of certification unless revoked earlier by the Health Officer and no certification shall be transferable.2. If at any time an inspector or approved fieldman determines, that a certified farm does not meet the requirements for certification, the Health Officer may allow a reasonable probationary period for the producer to bring his farm within the requirements for certification. If at the end of this time the farm does not meet the requirements for certification, the Health Officer may revoke the farm certification.(e) Reinstatement - If, after a period of withholding, probation, or revocation of farm certification, a producer makes the necessary corrections at the farm, he may apply for reinspection. When conditions have been corrected, the farm shall be reinspected by an inspector or approved fieldman. When the inspector or approved fieldman determines that requirements for certification have been met, he shall certify the farm.(2) Licensing Plant, Milk Graders, and Bulk Milk Collectors (a) Necessity for Plant License 1. Within 90 days from the effective date of these rules and regulations, every plant receiving or processing milk for the manufacture of dairy products shall be inspected and licensed as provided in 420-3-17-.06(2)(b), 420-3-17-.06(2)(c), 420-3-17-.06(2)(d) and 420-3-17-.06(2)(f). On and after the effective date of these rules and regulations, a new plant shall be inspected and licensed as provided in 420-3-17-.06(2)(b), 420-3-17-.06(2)(c), and 420-3-17-.06(2)(d) and 420-3-17-.06(2)(f) before buying or processing any milk for the manufacture of dairy products. Ninety days from and after the effective date of these rules and regulations, no unlicensed plant shall handle, purchase, or receive milk or manufacture dairy products therefrom.2. All permitted plants shall be inspected annually after issuance of the initial permit to determine eligibility for license renewal. The inspection procedure for license renewal shall be the same as that for initial licensing.(b) Application for Permit - Application to the Health Officer for a new or renewal permit for dairy plants, milk graders, and bulk milk collectors shall contain the name and address of the applicant and such other pertinent information as may be required.(c) Plant Inspection 1. Each plant shall be inspected by an inspector as often as the Health Officer deems necessary. If, upon initial inspection, the inspector finds that the plant meets the requirements for permitting described in 420-3-17-.05 as indicated by the Plant Inspection Report Form, a permit shall be issued to the plant as described in .06(2)(d)l. If the plant does not meet the requirements for permitting, the plant shall be reinspected by an inspector within 30 days of the initial inspection. A longer time may be allowed if major changes or new equipment is required. If at this time the plant meets the requirements for permitting, a permit shall be issued. If the plant does not meet the requirements for permitting, it shall not be permitted, and its authorization to handle, purchase, or receive milk or to manufacture dairy products therefrom shall be withheld until such time as the plant qualifies for a permit.2. Each completed Plant Inspection Report Form, 420-3-17-.06(5), shall be kept by the Health Officer and a copy shall be given to the plant operator.(d) Issuance of Permit 1. Dairy Plants - The Health Officer shall permit dairy plants that meet the specifications of Subpart .05 based upon the inspection procedure described in 420-3-17-.06(2)(c). The permit shall be posted conspicuously at the plant. The permit shall authorize the plant to test, purchase, and receive milk for manufacturing purposes and to manufacture dairy products therefrom in compliance with the applicable provisions of these rules.2. Milk Graders and Bulk Milk Collectors - The Health Officer shall permit milk graders and bulk milk collectors who meet the qualifications prescribed by the Health Officer. The permit of milk graders and bulk milk collectors shall authorize them to grade, accept, and reject raw milk in accordance with the provisions of Subpart .03.(e) Expiration, Suspension and Revocation of Permit 1. Permits shall expire and become renewable 1 year from the date of issuance unless revoked earlier and no permit shall be transferable.2. If at any time an inspector determines that a permitted plant does not meet the requirements for permitting, he may allow a reasonable probationary period for the operator to bring his plant within the requirements for permitting. If at the end of this time the plant does not meet the permitting requirements, the Health Officer may revoke the plant permit.3. The Health Officer may suspend or revoke permits of milk graders and bulk milk collectors for any violation of these rules. An opportunity for a hearing shall be provided any permit holder before suspension or revocation of his permit.(2) Reinstatement 1. If, after a period of withholding, probation or revocation of a plant permit, the operator makes the necessary corrections at the plant, he may apply to the Health Officer for reinspection and reinstatement. When the inspector determines that requirements for permitting have been met, the Health Officer shall issue a permit to the plant.2. The reinstatement of permits for milk graders and bulk milk collectors which have been suspended or revoked shall be made only after satisfying the Health Officer of their qualifications.(3) Supervision (a) Regulatory Agency - The Health Officer, to insure compliance with the provisions of these rules shall: 1. Make periodic examinations of milk from a representative number of producers at each plant to determine whether the milk is being graded and tested in accordance with the applicable provisions of Subpart .03.2. Examine the quality records of transfer producers at each plant periodically and when necessary, determine the acceptability of such producers' milk.3. Make periodic farm inspections and compare the results of such inspections with previously completed Farm Certification Report Forms filed by the inspector or approved fieldman.4. Periodically examine the milk quality tests records of individual producers at each plant.5. Periodically inspect plant premises, buildings, equipment, facilities, operations, sanitary practices and compare the results with previously completed plant inspection forms filed by the inspector.6. Assist plant management and laboratory and field staffs with educational programs among producers relating to quality improvement of milk.7. Perform such other services and institute such other supervisory procedures as may be necessary to insure compliance with the provisions of these rules.(4) Farm Certification Report Form - The following form, (ADPH-F-Insp.-235/12-85) (See Exhibit in Master Code), shall be used by inspectors or approved fieldman in determining eligibility for farm certification. Author:
Ala. Admin. Code r. 420-3-17-.06