La. Admin. Code tit. 51 § VII-301

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-301 - General Requirements

A. Each dairy facility (dairy farm, receiving station, transfer station, dairy plant, single service containers and closures for milk and milk products manufacturing plant, milk tank truck, milk tank truck cleaning facility, finished product depot, final product transfer point) domiciled in the state shall conform with each requirement contained in this Part that is determined to be applicable to such facilities by the state health officer. Each dairy product brought into Louisiana from outside of the state for consumption within the state shall comply with each standard and specification determined by the state health officer to be applicable to each type of product and shall be produced, processed, stored, handled and distributed by dairy facilities that comply with each requirement determined by the state health officer to be applicable to each type of dairy facility involved with the products. The state health officer shall enforce each requirement for dairy facilities, contained in this Part, in a manner that is equal, impartial and equitable regardless of facility size, type, state or country in which they are domiciled. Dairy products regulated under the provisions of this Part shall be enforced in the aforesaid manner.

B. Registered sanitarians operating under the authority of the state health officer who meet the training and certification requirements for the inspection and auditing of dairy farms, milk tank trucks, dairy plants and milk and milk product containers and closure manufacturing plants shall perform all inspections and audits required of the state health officer.

C. Registered sanitarians who have extensive knowledge of dairy farm operations, milking operations, farm milk handling operations, construction, cleanliness, sanitation and operation of dairy farms and dairy farm waste facilities may apply for certification as dairy farm inspectors.

D. A certified milk Sanitation Rating Officer (SRO) certified for rating dairy farms by the PHS/FDA shall be the certification authority for dairy farm inspectors. The registered sanitarians applying for certification shall independently inspect, without prompting or any other type assistance, five dairy farms selected at random by the SRO. The SRO shall independently inspect the same five dairy farms. In order to be certified, the applicant shall agree with the SRO 80 percent on individual items of sanitation found to be violative at each of the five dairy farms inspected. After discussion with the SRO the applicant shall demonstrate, to the SRO's satisfaction, that he/she understands the items of sanitation which he/she failed to properly identify during each inspection/audit.

E. Registered sanitarians who have extensive knowledge of dairy plant and single service milk and milk products container manufacturing plant operations, equipment construction, operation, cleaning and sanitation, product processing requirements, CIP systems, pasteurizer operation, testing of pasteurization equipment and controls, butter manufacturing, cheese manufacturing and condensing and drying plant operations and sanitation requirements may apply for certification as dairy plant and single service milk and milk products containers and closures manufacturing plants inspectors. Registered sanitarians who perform Hazard Analysis Critical Control Point (HACCP) audits of dairy plants shall have successfully completed the NCIMS training requirements for state regulatory personnel conducting HACCP audits on dairy plants. SRO's who audit dairy plants shall have successfully completed the NCIMS training requirements for SRO's that perform HACCP listing audits and shall have been standardized by the PHS/FDA.

F. A certified milk Sanitation Rating Officer (SRO) certified for performing NCIMS required milk sanitation rating of milk and milk products receiving stations, transfer stations, milk and milk product plants, milk tank truck cleaning facilities and single service milk and milk products container manufacturing plants by the PHS/FDA shall be the certification authority for dairy plant and single service milk and milk products containers plant inspectors. The registered sanitarians applying for certification shall inspect at least two milk and milk products processing plants, one single service milk and milk products container and closure manufacturing plant, one condensing and drying plant (provided such plant exist within the state) and one cheese manufacturing plant without prompting or assistance of any type. The SRO shall independently inspect the same plants that were inspected by the applicant. In order to be certified, the applicant shall agree with the SRO 80 percent on individual items of sanitation found to be violative at each of the plants inspected. After discussion with the SRO, the applicant shall demonstrate to the SRO's satisfaction, that he/she understands the items of sanitation which he/she failed to properly identify during each inspection.

G. Registered sanitarians who have extensive knowledge of milk tank truck operations, construction, cleaning and sanitization and of all equipment used in the loading, unloading, cleaning and sanitation of milk tank trucks, requirements for bulk milk tank truck operators/samplers, milk plant receivers/samplers may apply for certification as milk tank truck inspectors.

H. A certified milk SRO certified by PHS/FDA for performing NCIMS required milk sanitation ratings on milk and milk products, receiving stations, transfer stations, milk and milk products plants, milk tank truck cleaning facilities and single service milk and milk products containers and closure manufacturer plants shall be the certification authority for milk tank truck inspectors. The registered sanitarian applying for certification or re-certification shall inspect at least five milk tank trucks selected at random by the SRO without prompting or assistance of any type. The SRO shall independently inspect the same milk tank trucks that were inspected by the applicant. In order to be certified, the applicant shall agree with the SRO 80 percent on individual items of sanitation found to be violative on each of the five milk tank trucks inspected. After discussion with the SRO, the applicant shall demonstrate to the SRO's satisfaction, that he/she understands the items of sanitation which he/she failed to identify during each inspection.

I. Personnel operating under the authority of the state health officer, including farm bulk milk tank truck operators/samplers licensed by the state health officer shall meet all requirements for personnel who collect official samples contained in this Part and the PMO and any NCIMS requirements for such personnel.

J. Personnel operating under the authority of the state health officer who programmatically supervise registered sanitarians who inspect or audit dairy facilities shall meet all certification requirements contained in this part for the certified inspectors whom they supervise. Certification of registered sanitarians who inspect dairy farms and milk tank trucks and inspect or audit dairy plants and single service milk and milk products containers and closure manufacturing plants shall be for a period not to exceed two years and may be revoked by the state health officer for cause.

K. All registered sanitarians operating under the authority of the state health officer who are certified to inspect/audit dairy facilities shall be physically capable of inspecting/auditing all areas of the type of dairy facility and equipment therein, for which they are certified.

L. All registered sanitarians operating under the authority of the state health officer shall conform with the safety, dress, speed limit and other such regulations of the facility pertaining to the employees of that specific facility, while they are on the premises of the facility. They shall also comply with all such requirements of the Milk and Dairy Program.

La. Admin. Code tit. 51, § VII-301

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2649 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7) (15)(17)(19)(21) and R.S. 40:922.