N.H. Admin. Code § Mil 301.03

Current through Register No. 50, December 12, 2024

Section Mil 301.03 - Additional Requirements for Raw Milk Offered for Sale to Consumers

(a) The following milk producers shall be exempt from the requirements in this section:

(1) Any milk producer, as defined in RSA 184:79, IX, who offers raw milk for direct sale to consumers only from the milk producer's own farm or farm stand or at a farmers' market and who does not meet the definition of a producer-distributor; and

(2) Any milk producer, as defined in RSA 184:79, IX, who qualifies for the licensing exemption under RSA 184:84, V.

(b) A producer-distributor, as defined in RSA 184:79, XI, means a milk producer who is also a milk distributor and sells more than an average of 80 quarts of milk per day.

(c) The following requirements shall apply to all milk producer-distributors and milk plants who offer raw milk for sale to consumers, either directly from the farm or plant or through a retail outlet, and who are licensed under the provisions of RSA 184:84, regardless of the actual volume of raw milk sold:

(1) The procedures, handling, equipment and facilities used in the production and handling of raw milk offered for sale to consumers shall comply with all provisions of the PMO as adopted and amended in Mil 301.01;

(2) Any person who bottles or handles raw milk offered for sale to consumers, who has a communicable disease shall be prohibited from handling the raw milk, and any equipment or containers which may come in contact with the raw milk;

(3) All workers filling and capping bottles shall wear effective hair coverings, and shall wash their hands immediately prior to starting and as necessary throughout the filling operation;

(4) All bulk milk storage tanks or other containers used to store raw milk prior to bottling shall be washed and sanitized at least once every 48 hours;

(5) All containers and closures shall be stored and handled in a sanitary manner to prevent contamination;

(6) Single-service containers and closures shall not be reused;

(7) Multiple use containers shall be washed, rinsed, sanitized and drained no more than 4 hours prior to filling, such as by using a 3-compartment sink or a commercial dishwasher with a chemical sanitizer step;

(8) Containers provided and washed by the consumer shall be exempt from the washing and sanitizing requirements in (c)(7) above, provided:

a. The filled bottles are only sold back to the consumer who originally washed and provided them; and

b. Any consumer-washed bottles with visible filth or contamination shall not be refilled;

(9) All milk sold for consumption as raw milk shall be:

a. Tested for antibiotic residues prior to sale; or

b. Labeled, or exempted from labeling, as follows:

1. The label on the container for retail sale shall bear the following statement: "This raw milk has not been tested for antibiotic residues prior to sale.";

2. The warning statement in 1. above shall be in letters of contrasting color to the label and in type no less than 1/8-inch in height;

3. Raw milk sold only at the farm where it is bottled shall be exempt from the labeling requirement in b.1. and b.2. above provided there is a sign with the following statement on it: "This raw milk has not been tested for antibiotic residues prior to sale" which is posted conspicuously in the area where the milk is sold and placed in a location where it can easily be observed by anyone entering therein; and

4. The sign in 3. above shall be no less than 8 inches by 11 inches in size with contrasting lettering no smaller than 1/2-inch in height;

(10) All milking animals shall be tested for tuberculosis and brucellosis within the 12 months prior to a producer-distributor obtaining a license and once every 3 years thereafter;

(11) The most recent milk quality testing results shall be conspicuously posted where the milk is sold on the farm and made available to retail customers purchasing raw milk in stores;

(12) The producer-distributor shall have a written procedure, developed in consultation with the department, for recalling product and notifying consumers if testing of the raw milk indicates the presence of pathogens; and

(13) The recall procedure shall be kept on file at the producer-distributor's facility.

(d) The recall procedure in (c)(12)-(13) above shall be kept on file at the department.

(e) The following requirements shall apply to persons meeting the production levels of a Class 4 Milk Sanitation License as designated in He-P 2706.01(a):

(1) Filling shall be done using suitable stainless steel piping equipped with a positive shut off valve and shall not be done through dipping or ladling of the milk;

(2) Capping may be done by hand provided the operator is wearing clean, disposable plastic gloves; and

(3) During filling, the pouring lip of the container shall be protected from overhead contamination by the use of a drip deflector installed on the filling device.

(f) The following requirements shall apply to persons meeting any Milk Sanitation License classification other than Class 4 as designated in He-P 2706.01(a):

(1) Filling and capping shall be done in a sanitary manner to prevent contamination using mechanical equipment that complies with Section 7 of the PMO; and

(2) The pouring lip of the container shall be protected from overhead contamination until the cap is placed on the container.

(g) All raw milk offered for sale to consumers shall be labeled, or exempted from labeling, as follows:

(1) All containers shall be clearly labeled as "Raw Milk";

(2) All containers shall clearly indicate through word or vignette what species of animal the milk is from such as, but not limited to, cows, goats or sheep;

(3) All labels shall contain the producer's name, address and zip code;

(4) All labels shall state the net amount of the contents;

(5) All containers for retail sale shall bear the following statement: "Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health.";

(6) The warning statement in (5) above shall be in letters of contrasting color to the label and in type no less than 1/8-inch in height;

(7) Raw milk sold only at the farm where it is bottled shall be exempt from the labeling requirement in (5) above provided there is a sign with the following statement on it: "Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health" posted conspicuously in the area where the milk is sold and placed in a location where it can easily be observed by anyone entering therein;

(8) The sign in (7) above shall be no less than 8 inches by 11 inches in size with contrasting lettering no smaller than 1/2-inch in height;

(9) All containers shall be labeled with a "sell by" or code date as determined by the producer-distributor;

(10) The producer-distributor shall adjust its sell by or code date if the raw milk does not remain in compliance with quality standards until the sell by date or expected end of the code; and

(11) Milk bottled in containers provided by the consumer shall be exempt from the labeling requirements above except that (7) and (8) above shall still apply.

(h) All raw milk offered for sale to consumers shall meet the following standards:

(1) The standard plate count of bottled raw milk shall not exceed 20,000 colonies per milliliter;

(2) The somatic cell count of bottled raw milk shall meet the standards in Section 6 of the PMO as adopted in Mil 301;

(3) The Coliform bacteria count of bottled raw milk shall not exceed 10 per milliliter;

(4) Bottled raw milk shall contain no drug residues or other inhibitory substances at or above tolerance levels for drugs or other inhibitors as defined in Appendix N of the PMO as adopted in Mil 301; and

(5) Bottled raw milk shall be kept cooled to a temperature of 40 degrees Fahrenheit or less until delivered to the consumer.

(i) Samples of bottled raw milk shall be collected by the department from each licensed bottler at least once each month for analysis to determine compliance with the above standards.

(j) Raw milk shall be tested for pathogens as follows:

(1) Raw milk that exceeds the Coliform standard in (h)(3) above on 3 out of any 5 consecutive samples shall be tested for pathogens;

(2) Pathogens tested for shall include, but not be limited to, E. coli 0157:H7, Listeria monocytogenes, Campylobacter, and Salmonella;

(3) If any pathogens are detected in the raw milk:

a. The producer-distributor shall recall all product which has been offered for sale;

b. The producer-distributor shall cease sales of raw milk until retesting indicates there are no longer pathogens in the milk;

c. Sales shall be permitted to resume when one test is free of pathogens;

d. A follow-up pathogen test shall be conducted within 30 days;

e. All samples for pathogen testing shall be collected by the department; and

f. If the producer-distributor does not recall product or cease sale of raw milk as required, it shall be subject to administrative fines as designated in He-P 2705; and

(4) If no pathogens are detected in the raw milk, the next sample collected from the producer-distributor which exceeds the standard for coliform shall be considered the first sample in determining when 3 of 5 samples have exceeded the standard.

N.H. Admin. Code § Mil 301.03

#9253-B, eff 8-30-08; ss by #10537, eff 5-1-14