La. Admin. Code tit. 51 § VII-905

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

Section VII-905 - Raw Milk Receiving

A. All milk and other dairy products received by each dairy plant, including receiving stations and transfer stations, shall be from sources which possess a current valid permit issued by the state health officer.

B. Milk or dairy products shall not be loaded onto or unloaded from tank trucks that do not bear a current, valid permit issued by an official milk or dairy regulatory agency.

C. For any milk tank truck that bears a permit of an official state milk or dairy regulatory agency from another state whose milk tank truck regulations have been determined by the state health officer not to be equivalent to those contained in this Part, each dairy facility shall maintain a log showing the dates and times that each and every such truck has been loaded or unloaded. Such logs shall be made available for review by the state health officer. When such milk tank trucks have been loaded or unloaded by a dairy facility more than five times in a one month period, the dairy facility shall expeditiously notify the state health officer and make necessary arrangements for the state health officer to inspect and permit such milk tank trucks. The facility may continue to load and unload such milk tank trucks until the state health officer has inspected and permitted them.

D. Each dairy facility (including dairy plants, receiving stations, transfer stations and milk tank truck cleaning facilities) that cleans and sanitizes milk tank trucks or other confined spaces which hold dairy products, such as tanks, shall be equipped with approved, functional equipment, devices, etc., and provide all services and programs necessary to satisfy the confined space entry safety requirements of the Occupational Safety and Health Administration (OSHA) thereby permitting personnel to safely enter the interior of the milk tank trucks and other confined spaces. The dairy facility shall allow the state health officer to use all such equipment, devices, services and programs, etc., and shall provide the state health officer with any assistance necessary to enable the state health officer (or his authorized representative) to safely enter and inspect the interior of the milk tank trucks or other confined spaces. Dairy facilities, as identified above, which fail to provide the state health officer with any assistance necessary and required under OSHA regulations to safely enter and inspect the interior of milk tank trucks or other confined spaces may be held liable should the safety of the state health officer (or his authorized representative) be in peril while inside of milk tank trucks or any other confined space.

E. When the area in which milk tank trucks are unloaded is not totally enclosed or doors of the unloading area are open during unloading, a filter approved by the state health officer, shall be placed on the manhole or air inlet of the milk tank truck and a roof or ceiling must be provided over the area.

F. All milk or other dairy products received by each dairy plant, including receiving stations, shall be received by a dairy receiver/sampler possessing a current, valid dairy plant receiver/sampler permit issued by the state health officer.

G. Each dairy plant, including receiving stations receiving raw milk, shall be equipped with a drug residue screening laboratory approved by the state health officer.

H. The construction of the laboratory, the laboratory equipment, sampling procedures and laboratory examinations shall be in compliance with the PMO, the Official Methods of Analysis and the Standards Methods for the Examination of Dairy Products and shall be approved by the state health officer.

I. All drug residue analyses shall be performed by approved analysts certified by the state health officer.

J. Each dairy plant and receiving station shall maintain all records of testing required by the state health officer.

K. A sample of raw milk shall be collected from each milk tank truckload of raw milk by a dairy plant receiver/sampler and tested for drug residues in the milk drug residue screening laboratory of the dairy plant prior to the milk tank truck being unloaded.

L. In cases where a dairy plant receives raw milk in cans, a composite sample composed of raw milk from each can of raw milk shipped from each individual dairy farm, shall be collected and tested for drug residues prior to the milk from that individual dairy farm being commingled with any other milk.

M. In cases where a dairy plant processes raw milk produced by a dairy farm located on the same premises, all raw milk produced by the dairy farm shall be tested for drug residues prior to processing.

N. When any sample referred to in §905(K),(L) or (M) above is found to be positive for drug residues, the dairy plant or receiving station shall:

1. refuse to unload the milk tank truck, not commingle any cans of milk from that farm with any other milk, not commingle any milk found to be positive for drug residues with any other milk and isolate the contaminated milk from any other milk;

2. immediately notify the state health officer;

3. insure that the contaminated milk remains on the premises of the dairy plant or receiving station and ensure that it is isolated from any other milk until the state health officer determines the disposition of the milk and authorizes it to be moved; and,

4. immediately cease processing of any product that has inadvertently become commingled with milk contaminated with drug residues, isolate the product, notify the state health officer and expeditiously remove all such product that has entered commerce.

La. Admin. Code tit. 51, § VII-905

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2671 (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) and R.S. 40:922.