W. Va. Code R. § 61-4A-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-4A-7 - Abnormal Milk
7.1. Milk which is found to be abnormal by sight or odor shall not be offered for sale or sold for manufacturing purposes. Milk, from animals, which shows evidence of the secretion of abnormal milk in one or more quarters, based on bacteriological, chemical, or physical examination and milk which has been treated with or from animals which have consumed chemical, medicinal, or radioactive agents which may be capable of being secreted in the milk and may be deleterious to health in the Commissioner's opinion, shall be milked last or with separate equipment and such milk shall not be offered for sale or sold for manufacturing purposes. Equipment, utensils and containers used to handle abnormal milk shall be cleaned and sanitized before being used for milk to be sold. Such equipment shall meet the construction requirements set forth in the Rule. Milk from animals treated with or exposed to pesticides not approved for use on dairy animals by the U.S. Environmental Protection agency shall not be offered for sale until such milk has been tested and found acceptable by the Commissioner.
7.2. Acceptable Detection Tests. The Wisconsin Mastitis Test (WMT) or the California Mastitis Test (CMT) may be used as a screening test. A WMT of 19 mm or higher or a CMT or weak positive (1+) indicates abnormal milk and requires confirmation. Confirmation shall be made by the Direct Microscopic Somatic Cell Count method or an electronic counting method approved by the Commissioner. The commissioner may periodically approve additional testing methods or make changes in screening test results requiring confirmation based upon further research.
7.3. Compliance requirements. The plant operator and each producer shall follow the procedures below as applicable:
7.3.1. The plant operator shall cause the milk shipped by each producer to be tested for abnormalities on a monthly basis and the results of such examination shall be sent to each producer and posted by the producer in his milkhouse. The samples shall be examined by an acceptable screening test and when required, re-examined by an acceptable confirmatory test. A screening test may be omitted if a producer's milk samples are routinely examined by an acceptable confirmatory method.
7.3.2. When a confirmatory test on a routine sample indicates a somatic cell count above 1,000,000 cells per ml, a written notice shall be sent to the producer of such unsatisfactory cell count and a recheck sample shall be collected within 21 days but not prior to 5 days after said notice has been sent. The recheck samples shall be examined by an acceptable confirmatory method.
7.3.3. When two out of the last four routine samples have a somatic cell count above 1,000,000 per ml, written notification shall be sent to the producer and the producer shall be notified that another sample with a somatic cell count above 1,000,000 per ml shall require exclusion until an acceptable somatic cell count is obtained. The follow up procedure shall be in accordance with the provisions in Section 4 of this Rule, Minimum Testing Requirements.
7.3.4. When two out of the last four routine samples have a somatic cell count above 1,000,000 per ml, an additional sample shall be taken within 21 days, but not before five days after the notice described in Section 7.3.2 of this Rule above has been sent to the producer. If the somatic cell count of this sample exceeds 1,000,000 per ml the producer shall be excluded until a subsequent sample indicates the somatic cell count has been reduced to below 1,000,000 per ml. The producer record must show a loss of the production of at least one milking during this period before reinstatement.
7.3.5. During the 21 days following reinstatement, a total of four samples shall be examined for somatic cell count at a rate not to exceed two samples per week. The first such sample shall be collected within one week after reinstatement. If the somatic cell count of these samples is 1,000,000 or less, the producer shall be returned to routine sample collection frequency. After reinstatement, the producer begins a new quality control record for abnormal milk. If any of the four samples collected during the 21 day period exceeds 1,000,000 cells per ml, follow up action shall be repeated, as described in Section 7.3.2 of this Rule and subsequent steps of this Rule.

W. Va. Code R. § 61-4A-7