Current through Rules and Regulations filed through November 21, 2024
Rule 40-2-16-.28 - Examination of Raw Milk(1)Prior to Permitting or Licensing. Samples of raw milk for human consumption must be collected and tested prior to a permit or license being issued.(2)Scientific Examination. Samples of raw milk for human consumption may be taken for scientific examination for public health purposes, at any reasonable time or place, and examined bacteriologically or for any other public health reason by agents of the Department. These samples will be obtained by the Department or by each producer under the direction of the Department and delivered as directed by the Department.(3)Sample Collection Points. The Department will collect official samples of raw milk:(a) From each bulk milk tank and/or silo, or(b) From a properly installed and operated in-line-sampler or aseptic sampler. 1. An in-line or aseptic sampler is used to collect representative samples prior to transfer, or during the transfer, of milk from a bulk milk tank and/or silo, truck, or other container.2. An in-line or aseptic sampler must be approved by the Department, in writing, prior to installation and use.(4)Sampling as Often as Necessary. Raw milk for human consumption will be examined by the Department as often as necessary to determine that it is not adulterated or misbranded.(5)Tests Performed. The Department will examine raw milk for human consumption for: (c) Coliform determinations,(6)Sampling Frequency. During any consecutive six-month period,(a) The Department will collect at least four (4) samples of raw milk for human consumption from each permit or license holder.(b) The Department will test for bacterial count, somatic cell count, coliform determinations, and cooling temperature.(c) These samples must be from at least four (4) separate months.(d) When advantageous or as otherwise necessary, the Department may collect two (2) samples from a permit or license holder during the same calendar month. To satisfy the requirements of subparagraph (a) above, these samples must be separated by no fewer than twenty (20) calendar days.(e) In addition, drug tests on each producer's milk must be conducted at least four (4) times during any consecutive six (6) months. These samples may be obtained separately from, or in conjunction with, samples obtained pursuant to subparagraph (b) above.(7)Multiple Tanks. When multiple samples of the same raw milk for human consumption are collected from the same producer from multiple tanks on the same day, the laboratory results will be averaged arithmetically by the Department and recorded as the official results for that day. This is applicable for bacterial, including standard plate count and coliform, somatic cell count, and temperature determinations only.(8)Testing for Pathogenic Organisms. Pathogenic testing for such organisms will be conducted with samples taken by the Department: (c) In association with any outbreak of a foodborne disease, and(d) Prior to reinstatement of a permit or license that was suspended because of positive results of testing for pathogenic organisms in association with a suspected outbreak of disease.(9)Resampling. When raw milk for human consumption is found to be adulterated by the presence of drugs, pesticides, herbicides, or other poisonous substances, it will be impounded and additional samples analyzed.(10)Freeze Point Testing. The Department will conduct freezing point testing of raw milk for human consumption on an annual basis.(11)Standards and Tolerances for Raw Milk for Human Consumption. Individual producer raw milk for human consumption must meet the following criteria: (a) Bacterial Limits: Not to exceed 20,000 per mL.(b) Coliforms: Not to exceed 10 per mL.(c) Drug Residues: Negative, or no residues detected.(d) Pathogens: 1.Campylobacter spp.: Negative, or zero (0) organisms detected.2.Escherichia coli serotypes (including O157:H7): Negative, or zero (0) organisms detected.3.Listeria monocytogenes: Negative, or zero (0) organisms detected.4.Salmonella spp.: Negative, or zero (0) organisms detected.(e) Somatic Cell Counts:1. Goat Milk: Not to exceed 1,000,000 per mL.2. All Other Milk: Not to exceed 500,000 per mL.(12)For-Cause Inspections. All violations of bacteria, coliform, drug residue, somatic cell count, and cooling temperature standards will be followed promptly by inspection to determine and correct the cause.(13)Multiple Positive Test Results - Warning Letter. Following the sampling regimen specified in paragraph (6) above, whenever two (2) of the last four (4) consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days exceed the standards referenced above in paragraph (11), the Department will: (a) Send a certified or hand-delivered written notice thereof to the permit or license holder, with advisement that further positive results will result in additional progressive compliance measures.(b) The notice shall be in effect as long as two (2) of the last four (4) consecutive samples exceed the standard(s).(c) Another sample will be taken within twenty-one (21) days of the notice, but no sooner than three (3) days post-delivery.(14)Third-Party Laboratory Standards. All sampling procedures and required laboratory examinations must be in substantial compliance with the latest edition of Standard Methods for the Examination of Dairy Products (SMEDP) of the American Public Health Association, and the latest edition of Official Methods of Analysis (OMA) of the Association of Official Agricultural Chemists (AOAC) International. Such procedures, including the certification of sample collectors, and examinations must be evaluated in accordance with the Evaluation of Milk Laboratories.(15)Glassware Standards. All glassware, including, but not limited to, bottles, pipettes, test tubes, burettes, and such other instruments as may be used in the testing of raw animal milk for human consumption must be appropriate for use in laboratory testing examinations in substantial compliance with the latest editions of the SMEDP of the OMA of the AOAC International.Ga. Comp. R. & Regs. R. 40-2-16-.28
O.C.G.A. § 26-2-450, et seq.
Original Rule entitled "Examination of Raw Milk" adopted. F. June 9, 2023; eff. July 1, 2023, as specified by the Agency.