Regulation 1 DEFINITIONS For use in the interpretation of this part and in the regulations hereinafter published the following definitions shall apply:
1. "Commissioner", means Commissioner of Agriculture or his duly authorized agent.2. "Milk Producer" or "producer" is a person, partnership, unincorporated association or corporation who owns or controls one or more cows or dairy goats and sells or offers for sale a part or all of the milk produced by the animals.3. "Dairy farm" is any place or premise where one or more cows or dairy goats are kept and where a part, or all of the milk from the animals is sold or offered for sale.4. "Milk plant" is any place, premise, or establishment where milk or dairy products are collected, assembled, handled, processed, stored, pasteurized, aseptically processed, packaged or prepared for distribution.5. "Transfer Station" is any place, premise, or establishment where milk or milk products are transferred directly from one milk tank truck to another.6. "Receiving Station" is any place, premise, or establishment where raw milk is received, collected, handled, stored or cooled and prepared for further transporting.7. "Bulk Milk Pickup Tanker" is a vehicle including the truck, tank and those appurtenances necessary for its use, used by a milk hauler to transport bulk raw milk from a dairy farm to a transfer station, receiving station, or milk plant.8. "Milk Transport Tank" is a vehicle including the truck and tank used by a milk hauler to transport bulk shipments of milk from a transfer station or milk plant.9. "Milk handler" or "handler" is a person, firm, unincorporated association or corporation engaged in the business of buying, selling, assembling, packaging or processing milk or other dairy products, for sale within or without the State of Vermont.10. "Milk handler license" is a license issued by the Commissioner which authorizes the licensee to carry on the business of a milk handler.11. "Milk is the lacteal secretion, free from colostrum, obtained by the complete milking of one or more healthy cows or dairy goats to which nothing has been added or taken away. Effective July 1, 1988, milk sold in consumer packages by licensed handlers shall be pasteurized. Cows milk shall contain not less than 3.5 percent milk fat and not less than 8.25 percent nonfat milk solids and goats milk shall contain not less than 2.5 percent milk fat and not less than 7.5 percent nonfat milk solids. Such milk may be standardized by the addition of pure, fresh skim milk or cream as defined by regulation or the removal of skim milk or cream. Optional ingredients:(1) If added, Vitamin A shall be present in such quantity that each quart of the food contains not less than 2000 International Units (I.U.). (2) If added, Vitamin D shall be present in such quantity that each quart of the food contains not less than 400 International Units.(3) Characterizing flavoring ingredients with or without coloring, nutritive sweetener, emulsifiers and stabilizers.12. "Imitation dairy products" are those products containing no milk which by their texture, flavor, color, packaging, or other characteristics, could be confused by consumers with established and defined dairy products or are sold or offered for sale as substitutes for milk or fluid dairy products.13. "An imitation dairy product handler" is a person, firm, unincorporated association or corporation engaged in the business of buying, selling, packaging or processing imitation dairy products for sale within or without the State of Vermont.14. "An imitation dairy product handler's license" is a license issued by the Commissioner which authorizes the licensee to carry on the business of an imitation dairy product handler.15. "Retail package of dairy product" is a package to be sold to a consumer.16. "Dairy products" are milk, or the products derived therefrom, which conform to the appropriate legal standard of definition for the specific product as defined in this part [and regulations made under this part.]17. "Fluid dairy products" are milk and fluid dairy products derived from milk, including cultures or acidified products, as defined by regulations made under this part. Fluid dairy products may contain the following food grade ingredients:(a) acidifiers and colors,(b) vitamins and minerals,(c) dry and concentrated milk products by not more than 3% weight. Only those food grade additives approved by the Federal Food and Drug Administration and the Commissioner of Agriculture shall be used in any fluid dairy product.18. "Licensed technician" is a person who has demonstrated by appropriate tests, to the satisfaction of the Commissioner, that the person has the skill, experience, ability and integrity to perform tests that are used as a basis for payment or acceptance of dairy products, and who holds one or more licenses issued by the Commissioner authorizing the person to carry on one or more of these activities.19. "Official Laboratory" is a biological, chemical, or physical laboratory which is under the direct supervision of the Vermont Department of Agriculture.20. "Officially Designated Laboratory" is a commercial laboratory authorized to do official work by the Vermont Department of Agriculture, or a milk industry laboratory officially designated by the Vermont Department of Agriculture for the examination of producer samples of raw milk and commingled milk tank truck samples of raw milk for antibiotic residues and bacterial limits. The Commissioner may terminate approval for cause.21. "Adulteration". An adulterated dairy product is a dairy product containing noxious, unwholesome, or deleterious material, preservative, antibiotic drug or chemical in a quantity injurious to health; or which does not conform to the definition of the product; or which is not produced, processed, or distributed according to the provisions of this part.22. "Person" means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities.23. "Concentrated milk" is milk from which a portion of the water constituents has been removed.24. "Homogenized" is milk which has been treated in such a manner as to insure a breakup of the fat globules to such an extent that after 48 hours storage, no visible cream separation occurs on the milk and the fat percentage of the top 100 cubic centimeters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than 10 percent of itself from the fat percentage of the remaining milk as determined after thorough mixing.25. "Lowfat milk" in retail packages is milk from which sufficient milkfat has been removed to produce a food having within limits of good manufacturing practice, one of the following milkfat contents: 0.5, 1.0, 1.5, or 2.0 percent. Lowfat milk shall contain not less than 8.25 percent milk solids not fat.26. "Skim milk" or "Nonfat milk" in retail packages is milk from which sufficient milkfat has been removed to reduce its milkfat content to less than 0.5 percent as determined by the Association of Official Analytical Chemists methods. Skim milk shall contain not less than 8.25 percent milk solids not fat.27. "Skim milk" and "lowfat milk" in retail packages may contain Vitamin D. If added, Vitamin D shall be present in such quantity that each quart of the food contains 400 International Units. Vitamin A may be added to the extent that each quart of the food contains not less that 2000 International Units. Skim milk or nonfat milk may contain (1) Carriers for Vitamin A and D. (2) Concentrated skim milk, nonfat dry milk, or other milk derived ingredients to increase the nonfat solids content of the food, provided that the protein efficiency ratio of all protein present, shall not be decreased as a result of adding such ingredients. (3) When one or more of the optional milk derived ingredients listed in (2) above are used, emulsifiers or stabilizers or a combination of both, in an amount not to exceed 2 percent by weight of the solids in such ingredients. (4) Characterizing flavoring ingredients with or without coloring, nutritive sweetener, emulsifiers and stabilizers.28. "Half-Half" or "Coffee-Cereal-Special" is the food consisting of a mixture of milk and cream containing not less than 10.5 percent but less than 18 percent milkfat. It maybe pasteurized or ultra-pasteurized. It may contain approved emulsifiers, stabilizers, nutritive sweeteners or characterizing flavoring ingredients. When used, each of the specified shall be declared on the label.29. "Light Cream" is that portion of milk which contains not less than 18 percent but less than 30 percent milkfat. It may be pasteurized or ultra-pasteurized and may contain the following approved ingredients: stabilizers, emulsifiers, nutritive sweeteners or characterizing flavoring ingredients. When used, each of the specified shall be declared on the label.30. "Light Whipping Cream", "Whipping Cream" or "Medium Cream" is that portion of milk which contains not less than 30 percent but less than 36 percent milkfat. It may be pasteurized or ultra-pasteurized and may contain the following ingredients: stabilizers, emulsifiers, nutritive sweeteners or characterizing flavoring ingredients. When used, each of the ingredients shall be declared on the label.31. "Sheeps Milk Cheese" shall conform to the requirements for Specific Standardized Cheese and Related Products as specified in these Regulations, except; if sheeps milk is substituted for cows milk; then wherever the name of the food appears on the label the words "sheeps milk" shall precede it in the same size, color, and style letters as the name of the food appears.32. "Heavy Cream" is that portion of milk which contains not less than 36 percent milkfat. It may be pasteurized or ultra-pasteurized and may contain the following approved ingredients: stabilizers, emulsifiers, nutritive sweeteners or characterizing flavoring ingredients. When used, each of the ingredients shall be declared on the label.33. "Buttermilk" is a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8 1/4 percent of milk solids not fat.34. "Low-sodium Milk", or "Low-sodium Lowfat Milk", or "Low-sodium Skim Milk" is the product resulting from the treatment of milk, lowfat milk, or skim milk as defined in these Regulations by a process of passing the milk, lowfat milk, or skim milk through an ion exchange resin process or any other process which has been recognized by the Vermont Department of Agriculture that effectively reduces the sodium content of the product to less than 10 milligrams in 100 milliliters.35. "Lactose-reduced Milk" or "Lactose-reduced Lowfat Milk", or Lactose-reduced Skim Milk" is the product resulting from the treatment of milk, lowfat milk, or skim milk as defined in these Regulations by the addition of safe and suitable enzymes to convert sufficient amounts of the lactose to glucose and/or galactose so that the remaining lactose is less than 30 percent of the lactose in milk, lowfat milk, or skim milk.36. "Reconstituted or Recombined Milk and/or Milk Products" shall mean milk or milk products defined in these Regulations which result from reconstituting or recombining of milk constituents with potable water when appropriate.37. "Concentrated Milk" is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from the milk, which, when combined with potable water in accordance with instructions printed on the container, results in a product conforming with the milkfat and milk solids not fat levels of milk as defined in these Regulations.38. "Concentrated Milk Products" shall be taken to mean and to include homogenized concentrated milk, concentrated skim milk, concentrated lowfat milk, and similar concentrated products made from concentrated milk or concentrated skim milk, and which, when combined with potable water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in these Regulations.39. "Sanitation" means the treatment of apparatus, containers or equipment with heat or chemicals approved by the Commissioner in such a way as to render them aseptic.40. "Sterilized" - The term sterilized when applied to piping, equipment and containers used for milk and milk products shall mean the condition achieved by application of heat, chemical sterilant(s) or other appropriate treatment that renders the piping, equipment and containers free of viable microorganisms.41. "Pasteurized" when used to describe a dairy product means that every particle of such product shall have been heated in the properly operated equipment to one of the temperatures specified in the table of this paragraph and held continuously at or above the temperature for the specified time (or other time/temperature relationship which has been demonstrated to be equivalent thereto in the microbial destruction.) | TEMPERATURE | TIME |
145 [degrees] F. | 30 minutes |
161 [degrees] F. | 15 seconds |
191 [degrees] F. | 1 second |
194 [degrees] F. | 0.5 second |
201 [degrees] F. | 0.1 second |
204 [degrees] F. | 0.05 second |
212 [degrees] F. | 0.01 second |
If the dairy product has a fat content of 10 percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5 [degrees] F. Provided, That eggnog and ice cream mix shall be heated to at least the following temperature and time specifications:
| TEMPERATURE | TIME |
155 [degrees] F. (69 [degrees] C) | 30 minutes |
175 [degrees] F. (80 [degrees] C) | 25 seconds |
180 [degrees] F. (83 [degrees] C) | 15 seconds |
Provided, further, That nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the Vermont Department of Agriculture to be equally efficient.
42. Ultra-Pasteurized" when used to describe a dairy product means that such product shall have been thermally processed at or above 280 [degrees] F. for at least 2 seconds, either before or after packaging, so as to produce a product which has an extended shelf life [under refrigerated conditions].43. "Aseptically Processed Milk and Milk Products" are products hermetically sealed in a container and so thermally processed in conformance with "The Code of Federal Regulations" and the provisions of these Regulations so as to render the product free of microorganisms capable of reproducing in the product under normal unrefrigerated conditions of storage and distribution. The product shall be free of viable microorganisms (including spores) of public health significance.44. "Aseptic Processing" - the term aseptic processing when used to describe a milk product means that the product has been subject to sufficient heat processing, and packaged in a hermetically sealed container, to conform to the applicable requirements of "The Code of Federal Regulations" and these Regulations, and maintain the commercial sterility of the product under normal unrefrigerated conditions.45. "Hermetically Sealed Container" is a container that is designed and intended to be secure against the entry of microorganisms and thereby maintain the commercial sterility of its contents after processing.46. "Coliform" bacteria means the group of organisms that are Gram negative and non-spore forming and which ferment the sugar in milk with resulting gas formation.47. "Phosphatase Test" means the chemical test for determining whether or not milk and other dairy products have been pasteurized.48. "Additional definitions". The Commissioner may, after due notice and public hearing, promulgate, amend or rescind definitions of other dairy products, including modified milk, dairy processes, and specially trained personnel.49. "Labeling". Unless otherwise approved by the Commissioner, all retail packages of dairy products, fluid dairy products and imitation dairy products sold or offered for sale shall be plainly and conspicuously marked on the principal display panel with: (1) The name of the food as defined by statute or regulation.(2) The quantity of contents. The information panel shall show:(1) The name and address of the handler. The plant code number, when required, may appear elsewhere on the container.(2) Nutrition labeling, if applicable.(3) The name of all ingredients in descending order of importance.(4) Grade A, if applicable, (5) Additionally, the National Labeling Council recommends that the information panel show (a) the name of the food, (b) a quantity of contents, (c) the word "pasteurized" or "ultra-pasteurized" if applicable, (d) the term "homogenized" if applicable. Labeling as specified above will be permitted on the closures of plastic and glass containers. A minimum of 1/32 inch type will be used on closure labeling. Definitions and Standards of dairy products not herein defined shall be those established by Federal Agencies and published in "Agricultural Handbook No. 51" and/or "The Code of Federal Regulations."
Regulation 2 QUALITY CONTROL STANDARDS FOR MILK AND MILK PRODUCTS All raw milk and all pasteurized milk and milk products shall be produced, processed, and/or pasteurized to conform with the following chemical, bacteriological, and temperature standards, and the animal health requirements of this section.
No process or manipulation other than pasteurization, processing methods integral therewith, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactivating microorganisms: Provided, That in the bulk shipment of raw cream, skim milk, or lowfat milk, the heating of the raw milk to temperatures no greater than 125 [degrees] F. for separation purposes is permitted when the resulting bulk shipments of cream, skim milk, and lowfat milk are labeled heat-treated.
Each handler shall conduct Quality Control tests on each producer's milk at least monthly and shall notify each producer on the results of all tests.
Producers will be notified at least five days prior to the next sampling date of any results not in compliance with state standards for raw milk.
RAW MILK (IN BULK) |
MAXIMUM |
Temperature | 40 [degrees] F. Bulk Milk | |
Bacterial Limits | 100,000 - CFU/ML | SPC -Raw Individual |
| | Producers |
| 300,000 - CFU/ML | SPC - Commingled prior |
| | to pasteurization |
| 2,500 - SPC/ML | Laboratory Pasteurized |
Cryoscope | -0.525 [degrees] C | Unless proven to be free of |
| | added water. |
Antibiotics | No detectable zone above |
| 15.9 mm by the Bacillus |
| Stearothermophilus Disc |
| Assay Method and such |
| other similar tests as |
| are approved by the |
| Commissioner. |
Optional Preliminary
Incubation Count when used - 100,000 CFU/ML SPC raw individual producer
Somatic Cell Count | 1,500,000 CFU/ML SCC - "Screening Test" |
| shall be the Wisconsin Mastitis Test and |
| such other similar tests as are approved |
| by the Commissioner. In the event the |
| screening test results in a WMT of 22 mm |
| or higher the sample will be confirmed |
| by the Direct Microscopic Count or such |
| similar tests as are approved by the |
| Commissioner. |
Effective January 1, 1985, Somatic Cell Count 1,000,000/m1 Screening Test are those acceptable to the Commissioner.
PASTEURIZED MILK AND DAIRY PRODUCTS |
Pasteurized | Temperature | Cooled to 40 [degrees] F or less and |
milk and milk | | maintained thereat until |
products | | delivered to the |
| | consumer except aseptically |
| | processed |
| | ultra-pasteurized long |
| | shelf-life milk which does |
| | not require refrigeration. |
| Bacterial | 10,000 CFU/ML SPC |
| limits * | |
| Coliform | Not to exceed 10 CFU/ML |
| | Coliform |
| Phosphatase | Less than 1 microgram per |
| | ml. by the Scharer Rapid |
| | Method or equivalent. |
| Antibiotics | No detectable zone |
| | above 15.9 mm by the Bacillus |
| | Stearothermophilus Disc Assay |
| | Method and such other similar |
| | tests as are approved by the |
| | Commissioner. |
* Not applicable to cultured dairy products.
Regulation 3 SANITATION REQUIREMENTS FOR THE PRODUCTION OF RAW MILK 1. Milking Barn, Stable or Parlor -- Construction. A milking barn, stable or parlor shall be provided on all dairy farms in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall (1) have floors and gutters of tight construction; new construction shall be of impervious material. (2) have walls and ceilings which are smooth, painted or finished in an approved manner, in good repair, ceiling dust-tight; (3) have separate stalls or pens for horses and calves; (4) be provided with natural and/or artificial light, well distributed for day and/or night milking; (5) provide sufficient air space and air circulation to prevent condensation and excessive odors; (6) not be overcrowded; and (7) have dust-tight covered boxes or bins, or separate storage facilities for ground, chopped, or concentrated feed.2. Milking Barn, Stable, or Parlor -- Cleanliness. The interior shall be kept clean. Floors, walls, windows, pipelines, and equipment shall be free of filth and/or litter, and shall be clean. Swine and fowl shall be kept out of the milking barn, stable or parlor.3. Cowyard. The cowyard shall be graded and drained and shall have no standing pools of water or accumulations of organic wastes; provided that in loafing or cattle-housing areas, cow droppings and soiled bedding shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the soiling of the cow's udder and flanks. Waste feed shall not be allowed to accumulate. Swine shall be kept out of the cowyard.4. Milkhouse or Room -- Construction and Facilities. A milkhouse or room of sufficient size shall be provided; in which the cooling, handling, and storing of milk and the washing, sanitizing and storing of milk containers and utensils shall be conducted except as provided for in Item 11 of this section. IT SHALL HAVE:
A smooth floor constructed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall be accessible and trapped;
Walls and ceiling constructed of smooth material and in good repair, well painted and/or otherwise suitably finished;
Adequate natural and/or artificial light well distributed, be well ventilated and shall be used for no other purpose than milkhouse operations;
Hot and cold water under pressure;
Be equipped with a two-compartment wash vat and adequate hot water heating facilities.
A direct opening between the milkhouse and milking barn, stable, or parlor is permitted when a tight fitting self-closing solid door(s) hinged to be single or double acting is installed and further that the milking barn or stable is adequately ventilated.
When a transportation tank is used for the cooling and/or storage of milk on the dairy farm, such tank shall be provided with suitable shelter for the receipt of milk. Such shelter shall be adjacent to, but not a part of, the milkroom and shall comply with the requirements of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance.
5. Milkhouse or Room -- Cleanliness. The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, non-product contact surfaces of milk containers, utensils, and equipment, and other milkroom equipment shall be clean. Only articles directly related to milkroom activities shall be permitted in the milkroom. The milkroom shall be free of trash, animals, and fowl.6. Toilets. Every dairy farm shall be provided with one or more toilets conveniently located and properly constructed, operated, and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any water supply.7. Water Supply. Water for milkhouse and milking operations shall be from a supply properly located and protected, shall be easily accessible and shall be adequate and show no evidence of contamination.8. Utensils and Equipment -- Construction. All multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be made of smooth, non-absorbent, corrosion-resistant, non-toxic materials, and shall be so constructed as to be easily cleaned. All containers, utensils, and equipment shall be in good repair. Multiple-use woven material shall not be used for straining milk. All single-service articles shall have been manufactured, packaged, transported, stored, and handled in a sanitary manner. Articles intended for single-service use shall not be reused. Farm holding/cooling equipment, sanitary piping, and transportation tanks shall conform to 3-A Sanitary Standards. All milk pails used for hand milking and stripping shall be seamless and of the hooded type.9. Utensils and Equipment -- Cleaning. The product-contact surfaces of all multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be cleaned after each usage.10. Utensils and Equipment -- Sanitation. The product-contact surfaces of all multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be sanitized before each usage.11. Utensils and Equipment -- Storage. All containers, utensils, and equipment used in the handling, storage, or transportation of milk, unless stored in sanitizing solutions, shall be stored to assure complete drainage, and shall be protected from contamination prior to use. Provided, That milk pipelines and pipeline milking equipment such as milker claws, inflations, weigh jars, meters, milk hoses, milk receivers and milk pumps which are designed for mechanical cleaning may be stored in the milking barn or parlor provided this equipment is designed, installed and operated to protect the product and solution-contact surfaces from contamination at all times.12. Utensils and Equipment -- Handling. After sanitation, all containers, utensils, and equipment shall be handled in such manner as to prevent contamination of any product-contact surface.13. Milking -- Milking shall be done in the milking barn, stable, or parlor. The flanks, udders, bellies, and tails of all milking cows shall be free from visible dirt. All brushing shall be completed prior to milking. The udders and teats of all milking cows shall be cleaned and treated with a sanitizing solution just prior to the time of milking, and shall be relatively dry before milking. Wet hand milking is prohibited.14. Milking -- Surcingles, Milking Stools, and Anti-kickers. Surcingles, milking stools, and anti-kickers shall be kept clean and stored above the floor.15. Milking -- Transfer and Protection of Milk. Each pail or container of milk shall be transferred immediately from the milking barn, stable, or parlor to the milkhouse. No milk shall be strained, poured, transferred, or stored unless it is properly protected from contamination.16. Personnel -- Handwashing Facilities. There shall be provided adequate handwashing facilities, including a lavatory fixture with running water, soap, or detergent, and individual sanitary towels in the milkhouse or convenient to the milking barn, stable or parlor.17. Personnel -- Cleanliness. Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, before performing any milkhouse function, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, or equipment.18. Bulk Tanks. Raw milk cooled and stored in farm bulk tank coolers shall cool the first milking to 50 [degrees] F. or less within one hour after milking and 40 [degrees] F. or less within the next hour. On second and subsequent milkings the blend temperature of milk in the tank will not rise above 50 [degrees] F. and will be cooled to 40 [degrees] F. or less in one hour after milking. Farm bulk tanks shall be emptied at least once every 48 hours except when road conditions or some act of God will not permit pickup of milk.19. Vehicles used to transport milk from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing, and contamination. Such vehicles shall be kept clean, inside and out; and no substance capable of contaminating milk shall be transported with milk.20. Insect and Rodent Control. Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects and rodents, and by chemicals used to control such vermin. Milkrooms shall be free of insects and rodents. Surroundings shall be kept neat, clean, and free of conditions which might harbor or be conducive to the breeding of insects and rodents. Regulation 4 SANITATION REQUIREMENTS FOR MILK PLANTS A receiving station shall comply with Items 1 to 15, inclusive, and 17, 20, and 22, except that the partitioning requirement of Item 5 shall not apply.
A transfer station or facilities for the cleaning and sanitizing of milk tank trucks shall comply with Items 1, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 20, and 22, and as climatic and operating conditions require, the applicable provisions of Items 2 and 3; Provided That in every case, overhead protection shall be provided.
1. Floors -- Construction. The floors of all rooms in which milk or milk products are processed, handled or stored, or in which milk containers, equipment, and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleanable material; and shall be smooth, properly sloped, provided with trapped drains, and kept in good repair: Provided, that cold-storage rooms used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one or more exits: Provided further, that storage rooms for storing dry ingredients and/or packaging materials need not be provided with drains; and the floors may be constructed of tightly joined wood.2. Walls and Ceilings -- Construction. Walls and ceilings of rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed, shall have a smooth, washable, light-colored surface, in good repair.3. Doors and Windows. Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather.4. Lighting and Ventilation. All rooms in which milk and milk products are handled, processed, or stored and/or in which milk containers, equipment and utensils are washed shall be well lighted and well ventilated.5. Rooms. There shall be rooms for (1) pasteurizing, processing and cooling, and packaging; and (2) cleaning of milk cans and bottles. In addition, plants receiving milk in bulk transport tanks shall provide for cleaning and sanitizing facilities. Rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed or stored, shall not open directly into any stable or any room used for domestic purposes. All rooms shall be of sufficient size for their intended purposes.
6. Toilet-Sewage Disposal Facilities. Every milk plant shall be provided with toilet facilities. Toilet rooms shall not open directly into any room in which milk and/or milk products for human consumption are processed or stored. Toilet rooms shall be completely enclosed and shall have tightfitting, self-closing doors. Dressing rooms, toilet rooms, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and well lighted. Sewage and other liquid wastes shall be disposed of in a sanitary manner.7. Water Supply. Water for milk plant purposes shall be from a supply properly located, protected, and operated and shall be easily accessible, adequate, and show no evidence of contamination.8. Handwashing Facilities. Convenient handwashing facilities shall be provided, including hot and cold and/or warm running water, soap, and individual sanitary towels or other approved hand-drying devices. Handwashing facilities shall be kept in a clean condition and in good repair.9. Milk Plant Cleanliness. All rooms in which milk and milk products are handled, processed, or stored, and/or in which containers, utensils, or equipment are washed or stored, shall be kept clean, neat, and free of evidence of insects and rodents. Only equipment directly related to processing operations or to handling of containers, utensils, and equipment shall be permitted in the pasteurizing, processing, cooling, packaging, and bulk milk storage rooms.10. Sanitary Piping. All sanitary piping, fittings, and connections which are exposed to milk and milk products, or from which liquids may drip, drain, or be drawn into milk or milk products, shall consist of smooth, impervious, corrosion-resistant, non-toxic, easily cleanable material. All piping and equipment shall be in good repair and conform to 3A Standards for those pieces of equipment or systems to which 3A Standards apply.11. Construction and Repair of Containers and Equipment. All multi-use containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, corrosion-resistant, non-toxic material; shall be constructed for ease of cleaning; and shall be kept in good repair and conform to 3A Standards. For those pieces of equipment or systems to which 3A Standards apply. All single-service containers, closures, gaskets, and other articles with which milk or milk products come in contact shall be non-toxic, and shall have been manufactured, packaged, transported, and handled in a sanitary manner. Articles intended for single-service use shall not be reused.12. Cleaning and Sanitizing of Containers and Equipment. The product-contact surfaces of all multi-use containers, utensils, and equipment used in the transportation, processing, handling, and storage of milk and milk products shall be effectively cleaned and shall be sanitized before each use. Provided, That storage tanks shall be cleaned when emptied and shall be emptied at least every 72 hours. Storage tanks which are used to store raw milk longer than 24 hours and silo tanks used for the storage of raw milk, and which are installed after the adoption of these Regulations shall be equipped with a 7-day temperature recording device.13. Storage of Cleaned Containers and Equipment. After cleaning, all multi-use milk and milk product containers, utensils, and equipment shall be transported and stored to assure complete drainage and shall be protected from contamination before use.14. Storage of Single-Service Containers, Utensils, and Materials. Single-service caps, cap stock, plastics, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk and milk products shall be purchased and stored in sanitary wrappings, cartons, or suitably protected; shall be kept in a clean, dry place until used; and shall be handled in a sanitary manner.15. Protection from Contamination. Milk plant operations, equipment, and facilities shall be located and conducted to prevent any contamination of milk or milk products, ingredients, equipment, containers, and utensils. All milk or milk products or ingredients which have been spilled, overflowed, or leaked shall be discarded. The processing or handling of products other than milk or milk products in the pasteurization plant shall be performed to preclude the contamination of such milk and milk products. The storage, handling, and use of poisonous or toxic materials shall be performed to preclude the contamination of milk and milk products or ingredients of such milk and milk products or the product-contact surfaces of all equipment, containers or utensils.16. Pasteurization. Pasteurization of milk and milk products shall be performed as specified in Regulation 1 -- Definition 40 of the regulations. Provided that said products are processed in properly designed and operated equipment which is approved by the Commissioner; provided further, that nothing in the definition shall be construed as barring any other pasteurization process which has been recognized by the Commissioner to be equally efficient.17. Cooling of Milk. All raw milk and milk products shall be maintained at 40 [degrees] F. or less until processed. All pasteurized milk and milk products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of 40 [degrees] F. or less. All pasteurized milk and milk products shall be stored at a temperature of 40 [degrees] F. or less and maintained thereat until delivered to the consumer. Every room or tank in which milk or milk products are stored shall be equipped with an accurate thermometer. Provided, That aseptically processed milk and milk products to be packaged in hermetically sealed containers shall be exempt from the cooling requirements of this item.18. Bottling and Packaging. Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment.19. Capping. Capping or closing of milk and milk product containers shall be done in a sanitary manner by approved mechanical capping and/or closing equipment. It is recommended that the cap or closure shall protect the pouring lip.20. Personnel -- Cleanliness. Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his hands. All persons engaged in the processing, pasteurization, handling, storage or transportation of milk, milk products, containers, equipment, and utensils shall wear clean outer garments. All persons engaged in the processing of milk or milk products shall wear adequate hair coverings and shall not use tobacco.21. Vehicles. All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at 40 [degrees] F. or less, and are protected from sun, from freezing, and from contamination.22. Surroundings. Milk plant surroundings shall be kept neat, clean, and free from conditions which might attract or harbor flies, other insects, and rodents, or which otherwise constitute a nuisance. Regulation 5 IMITATION DAIRY PRODUCTS All ingredients and the source of all ingredients used in the manufacture and production of imitation dairy products shall be approved by the Commissioner.
Regulation 6 NEW CONSTRUCTION New milk plants shall not be built or existing structures remodeled for use as milk plants unless the owner first submits plans and specifications to the Commissioner and said plans and specifications have been approved by him.
Regulation 7 PIPELINE MILKING SYSTEMS A milking machine dealer shall submit plans and specifications, on forms furnished by the Commissioner, before installing a pipeline milking system on any dairy farm. Pipeline milking systems shall be so installed and maintained that milk quality and flavor are not impaired.
Regulation 8 PERSONNEL HEALTH No person affected with any disease in a communicable form, or while a carrier of such a disease, shall work or be employed at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products, upon whose dairy farm, or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the Department of Agriculture.
Regulation 9 QUALITY TESTING PROGRAM1. Each handler shall file their quality testing program annually with the Commissioner on September 1, including the type of tests being made, the frequency of each per month, the approved laboratory making such analyses and a current list of producers' names, addresses and numbers. The Commissioner shall be notified of any producer changes.2. When requested, a handler will send or cause to have sent to the Commissioner a copy of all laboratory analysis. All other laboratory analysis results will be on file at the receiving milk plant or review by the Commissioner. Regulation 10 THE EXAMINATION OF MILK AND MILK PRODUCTS It shall be the responsibility of the milk hauler to collect a representative sample of milk from each farm bulk tank prior to transferring milk from a farm bulk tank, truck, or other container. All samples shall be collected and delivered to a milk plant, receiving station, transfer station, or other location approved by the Commissioner of Agriculture.
During any consecutive six months, at least four samples of raw milk for pasteurization, taken and delivered in accordance with this section, from each producer shall be obtained under the direction of the Department of Agriculture or shall be taken from each producer under the direction of the milk handler. During any consecutive six months, at least four samples of raw milk for pasteurization shall be taken, under the direction of the Department of Agriculture, from each milk plant after receipt of the milk by the plant and prior to pasteurization, ultra-pasteurization or UHT processing. In addition, during any consecutive six months, at least four samples of pasteurized milk and at least four samples of each milk product defined in these Regulations shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores, and other places where milk and milk products are sold shall be examined periodically as determined by the Department of Agriculture; and the results of such examination shall be used to determine compliance with Regulation 2. Proprietors of such establishments shall furnish the regulatory agency upon request, with the names of all distributors from whom milk or milk products are obtained.
Required bacterial counts, somatic cell counts, antibiotic or inhibitor tests, and cooling temperature checks shall be performed on raw milk for pasteurization. In addition, antibiotic tests on commingled raw milk shall be conducted on each bulk load of milk purchased from producers. All individual sources of milk shall be tested when test results on the commingled milk are positive.
Whenever two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, butterfat or solids nonfat content, or cooling temperatures, taken on separate days, are not in compliance with the limit of the standard of milk and/or milk products, the Commissioner of Agriculture shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 21 days of the sending of such notice. Immediate exclusion of the product from the market shall be instituted whenever the standard is violated by three of the last five bacterial counts, coliform determinations, butterfat or solids nonfat content, cooling temperatures, or somatic cell counts.
Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected and any milk or milk product involved shall not be offered for sale.
Whenever an antibiotic, inhibitor, or pesticide residue test is positive, an investigation shall be made to determine the cause, the cause shall be corrected. An additional sample shall be taken and tested for antibiotic or pesticide residues and no milk shall be offered for sale until it is shown by a subsequent sample to be free of antibiotics or pesticide residues. The Commissioner of Agriculture shall be notified of all positive antibiotic or pesticide residue tests.
In the event that mastitic organisms are present in the milk, the handler shall not purchase or handle the producer's milk until the condition has been corrected, as indicated by a direct microscopic examination. The Vermont Department of Agriculture shall be immediately notified of this action and shall notify other handlers in the area. No other handler shall purchase milk from a producer so excluded for at least 60 days without written permission from the Commissioner. In the event a producer's milk is excluded by reason of mastitis, the licensed technician and/or the milk handler shall identify and preserve for a period of 60 days the microscopic slide used as the basis of exclusion. The handler shall resample an excluded dairy within 24 hours of a request for resample by the producer.
Samples shall be analyzed at an approved dairy laboratory or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the latest edition of "Standard Method for the Examination of Dairy Products" of the American Public Health Association, and the latest edition of "Official Methods of Analysis of the Association of Official Analytical Chemists." Such procedure including the certification of sample collectors, and examinations shall be evaluated in accordance with "1978 Recommendations of the United States Public Health Service/Food and Drug Administration." Examinations and tests to detect adulterants, including pesticides, shall be conducted as the Department of Agriculture requires. Testing of milk and milk products to which vitamin(s) A and/or D have been added, shall be conducted at least annually in a laboratory acceptable to the Department of Agriculture.
Regulation 11 LABORATORY TECHNIQUES Procedures for the collection and holding of samples; the selection and preparation of apparatus, media, and reagents; and the analytical procedures, incubation, reading, and reporting of results, shall be in substantial compliance with Standard Methods for the Examination of Dairy Products and the Official Methods of Analysis of the Association of Official Analytical Chemists. The procedures shall be those specified therein for:
1. Standard Plate Count at 32 [degrees] C.2. Lab. Past. Count at 32 [degrees] C.3. Simplified methods for viable counts of raw milk at 32 [degrees] C.4. Coliform test with solid media at 32 [degrees] C.5. Disc assay methods for antibiotics.6. Screening and confirmatory methods for the detection of abnormal milk.7. APHA or AOAC phosphatase tests.8. Any other tests which have been approved by the Department of Agriculture to be equally accurate, precise, and practical. Any one of the following four tests may be used for screening raw milk samples to indicate a range of somatic cell levels; California Mastitis Test, Whiteside Test, Wisconsin Mastitis Test, or Single Strip Reticle Method.
One of the following three confirmatory tests shall be used: Direct Microscopic Somatic Cell Counting, Electronic Somatic Cell Counting, or Optical Somatic Cell Counting.
The results of the screening test or confirmatory test, shall be recorded on the official records of the dairy farm and a copy of the results sent to the milk producer.
The phosphatase test is an index of the efficiency of the pasteurization process. In the event the laboratory phosphatase test is positive, the cause shall be determined immediately. Where the cause is improper pasteurization, it shall be corrected. When a laboratory phosphatase test is positive, or if any doubt should arise as to the compliance of the equipment, standards or methods used in pasteurization, the Department of Agriculture should immediately conduct an investigation.
20-003 Code Vt. R. 20-021-003-X
Effective Date: January 1, 1988 (Secretray of State Rule Log # 87-67)