N.H. Admin. Code § Mil 301.01

Current through Register No. 50, December 12, 2024

Section Mil 301.01 - Pasteurized Milk Ordinance

(a) Each milk producer, milk plant, producer/distributor, and distributor of milk products as defined in RSA 184:79 shall comply with:

(1) The "Grade 'A' Pasteurized Milk Ordinance", 2017 revision, of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, available as noted in Appendix A and as amended pursuant to Mil 301.01(b);

(2) The 2017 revision of the "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments", available as noted in Appendix A; and

(3) The 2017 revision of the "Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers", available as noted in Appendix A.

(b) The deletions and amendments to the Pasteurized Milk Ordinance (PMO) shall be as follows; (1) Delete sections 3, 9, 15, 16, 17, and Appendix P;

(2) Amend footnote number 1 found immediately prior to Appendix A to read, "State of New Hampshire";

(3) Amend Section 7 item 9r, Utensils and Equipment - Construction, by adding the following under Administrative Procedure 7: "In all new installations of around the barn pipeline systems, the pipeline used shall be at least 2 inches in diameter. Smaller diameter pipelines shall be grandfathered in all existing facilities.";

(4) Amend the dairy farm inspection report referred to in Appendix M as FDA Form 2359a and available at www.fda.gov/AboutFDA/ReportsManualsForms/Forms/default.htm as follows:

a. The statement "Inspection of your farm today...Grade A Pasteurized Milk Ordinance" shall be amended to read, "An inspection of your dairy farm today showed violations existing in the items marked below. A violation of either number 1a, 8a-c (5 point debit), 10a and 11a in conjunction, 15d, e, or g, or 18a or c, shall require a reinspection. To avoid regulatory action being taken against your producer permit, all items debited shall be corrected. Producer permits shall be suspended if repeat violations debited are not corrected.";

b. Item number 1 shall be amended to include "Somatic Cell Count ......... (d)";

c. Item number 15 shall be amended to include "Extra-label drugs properly labeled (name and address) and stored.... (f)" and "Extra-label drugs properly labeled (directions for use, cautionary statement, withholding time, active ingredients).....(g)";

d. Item number 18(c) shall be re-lettered as 18(d);

e. Item number 18 shall be amended to include "Milk properly agitated ...... (c)"; and

f. The following points shall be assigned to each item; and

1. Item 1a-1c (Abnormal milk), 5 points;

2. Item 1d (Somatic Cell), 5 points;

3. Item 2a-e (Milk barn/parlor construction), 1 point for each item;

4. Item 3a-b (Milk barn/parlor cleanliness), 3 points;

5. Item 4a-d (Cowyard), 3 points;

6. Item 5,1a-c (Milk room floors), 1 point;

7. Item 5,2a-b (Milk room walls and ceilings), 1 point;

8. Item 5,3a-d (Milk room lighting and ventilation), 2 points;

9. Item 5,4a-f (Milk room miscellaneous), 2 points;

10. Item 5,5a-c (Milk room cleaning facilities), 2 points;

11. Item 6a-b (Milk room cleanliness), 4 points;

12. Item 7a-d (Toilet), 4 points;

13. Item 8a-c (Water supply), 5 points if most likely to lead to contamination of water supply, 2 points if less likely to lead to contamination, not to exceed 5 points total debit for Item 8;

14. Item 9a-e (Utensils and equipment construction), 4 points;

15. Item 10a (Utensils and equipment cleaning), 5 points;

16. Item 11a (Utensils and equipment sanitizing), 5 points;

17. Item 12a-c (Storage), 2 points;

18. Item 13a-e (Milking - flanks, udders and teats), 5 points;

19. Item 14a-g (Protection from contamination), 3 points;

20. Item 15a-c and f (Drug and chemical control), 2 points;

21. Item 15d-e and g (Drug and chemical control), 5 points, not to exceed 7 points for Item 15a-g;

22. Item 16a-b (Hand-washing facilities), 2 points;

23. Item 17a-b (Personnel cleanliness), 1 point;

24. Item 18a-c (Cooling), 5 points;

25. Item 18d (Recording Charts), 1 point, not to exceed 5 points for Item 18a-d;

26. Item 19a-b (Insects and rodent control - manure disposal/bed packs), 3 points;

27. Item 19c-d (Insects and rodent control - outer openings/insects, rodents), 2 points;

28. Item 19e-f (Insect and rodent control - pesticides), 2 points;

29. Item 19g-h (Insect and rodent control - surroundings), 2 points; and

30. Bacteria Count, 10 points; and

(5) Amend the milk plant inspection report referred to in Appendix M as Form FDA 2359 and available at www.fda.gov/AboutFDA/ReportsManualsForms/Forms/default.htm as follows:

a. Replace statement "Inspection of your plant today." with "Inspection of your milk plant, receiving station, transfer station or bulk tank cleaning facility today showed violations existing in the items marked below. A violation of 7a-d, 12a and 12c marked in conjunction, 15b, 16a(2), b(2),or 16b(3), 16c; or 17a, b, or d, shall require a reinspection. Receiving stations shall comply with Items 1-15 inclusive, 17, 20, and 22. Separation requirements of Item 5 do not apply. Transfer stations and bulk tank cleaning facilities shall comply with Items 1-15 inclusive, 20, and 22. Overhead protection is required. To avoid regulatory action being taken against your license all items debited shall be corrected. A license shall be suspended if repeat violations debited are not corrected."; and

b. The following points shall be assigned to each item:

1. Item 1 (Floors), 1 point;

2. Item 2 (Walls and Ceilings), 1 point;

3. Item 3 (Doors and Windows), 2 points;

4. Item 4a (Lighting), 1 point;

5. Item 4b (Ventilation), 1 point;

6. Item 5 (Separate Rooms), 3 points;

7. Item 6 (Toilet/Sewage Disposal Facilities), 3 points;

8. Item 7 (Water Supply), 4 points;

9. Item 8 (Handwashing Facilities), 2 points;

10. Item 9 (Milk Plant Cleanliness), 3 points;

11. Item 10 (Sanitary Piping), 3 points;

12. Item 11 (Construction and Repair), 3 points;

13. Item 12a-b (Cleaning), 5 points;

14. Item 12c-f (Sanitization), 5 point;

15. Item 13 (Storage of Clean Equipment), 3 points;

16. Item 14 (Storage of Single-Services Articles), 2 points;

17. Item 15a (Protection from Contamination), 3 points;

18. Item 15b (Protection from Contamination - Cross Connections), 5 points;

19. Item 15c (Protection from Contamination - FSMA Related), 3 points;

20. Item 16a-b (1) (Indicating and Recording Thermometers), 4 points;

21. Item 16a-b (2) (Time and Temperature Controls), 15 points;

22. Item 16b-b (3) (Adulteration Controls), 3 points;

23. Item 16c (Regenerative Heating), 10 points;

24. Item 16d (Temperature Recording Charts), 4 points;

25. Item 17 (Cooling), 5 points;

26. Item 18 (Bottling and Packaging), 5 points;

27. Item 19 (Capping), 5 points;

28. Item 20 (Personnel Cleanliness), 1 point;

29. Item 21 (Vehicles), 1 point;

30. Item 22 (Surroundings), 2 points;

31. Bacterial Counts, 5 points; and

32. Coliform Counts, 10 points.

N.H. Admin. Code § Mil 301.01

#5684, eff 8-9, EXPIRED: 8-9-99

New. #7314, eff 7-1-00; ss by #7517, eff 6-28-01; ss by #9253-B, eff 8-30-08; ss by #10537, eff 5-1-14

Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12862-B, Effective 8/29/2019, Expires 8/29/2029.