W. Va. Code R. § 61-15-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-15-2 - Incorporation by reference

2.1. The following portions of the Grade "A" Pasteurized Milk Ordinance, 2019 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, including administrative procedures, public health reasons, tables and illustrations, are incorporated by reference:

2.1.1. Section 1. Definitions, except that definition "YY. Regulatory Agency" means the Commissioner of the West Virginia Department of Agriculture or his or her designee.

2.1.2. Section 2. Adulterated or Misbranded Milk and/or Milk Products;

2.1.2.a. Footnote 1 referenced in Section 2 means the State of West Virginia.

2.1.2.b. The following is added to Section 2: "Samples analyzed for added water and found to have a freezing point above -0.525 degrees Hortvet (or -0.507 degrees Celsius) are adulterated unless proven free of added water."

2.1.3. Section 3. Permits;

2.1.3.a. Footnote 1 referenced in Section 3 means the State of West Virginia.

2.1.4. Section 4. Labeling;

2.1.5. Section 5. Inspection of Dairy Farms and Milk Plants;

2.1.5.a. Footnote 1 referenced in Section 5 means the State of West Virginia.

2.1.5.b. Whenever used in this section, the words "the Regulatory Agency shall" shall be amended to read "the Regulatory Agency may."

2.1.6. Section 6. The Examination of Milk and Milk Products;

2.1.6.a. In the fifth paragraph of Section 6, the word "shall" is amended to read "may".

2.1.7. Section 7. Standards for Grade "A" Milk and/or Milk Products;

2.1.7.a. Footnote 1 referenced in Section 7 means the State of West Virginia.

2.1.7.b. In Item 7p. Water Supply, under "Administrative Procedures", numbered paragraph "8," the words, "samples shall be taken" shall be amended to read "samples may be taken".

2.1.7.c. In Item 12p. "Cleaning and Sanitizing of Containers and Equipment," under "Administrative Procedures," numbered paragraph "(2)(d)" the word "shall" is amended to read "may".

2.1.7.d. In Item 12p. "Cleaning and Sanitizing of Containers and Equipment," under "Administrative Procedures," in the "Note" immediately following "Table 2" the word "shall" is amended to read "may".

2.1.7.e. In Item 12p. "Cleaning and Sanitizing of Containers and Equipment," under "Administrative Procedures," numbered paragraph "(6)(c)" the word "shall" is amended to read "may".

2.1.7.f. Item 17p. "Cooling of Milk and/or Milk Products," under "Administrative Procedures," numbered paragraph "11" the words "shall be taken" are amended to read "may be taken".

2.1.7.g. The following is added to Section 7, item 10r. Utensils and Equipment - Cleaning: "Regardless of whether a milk storage/holding tank has had a partial removal of milk, the milk storage/holding tank shall be cleaned and sanitized when emptied and shall be emptied at least every seventy-two (72) hours. In the event of an emergency, such as inclement weather or natural disaster, etc., a variance may be permitted at the discretion of the Regulatory Agency."

2.1.8. Section 8. Animal Health;

2.1.9. Section 9. Milk and Milk Products Which May Be Sold, except that the words "In the State of West Virginia" are substituted for the words "From and after twelve (12) months from the date on which this Ordinance is adopted";

2.1.9.a. The following is added to Section 9. Milk and Milk Products Which May Be Sold: "Offering or selling raw milk to the public is prohibited.".

2.1.10. Section 10. Transferring; Delivery Containers; and Cooling;

2.1.11. Section 11. Milk and/or Milk Products From Points Beyond the Limits of Routine Inspection;

2.1.11.a. Footnote 1 referenced in Section 11 means The State of West Virginia.

2.1.12. Section 12. Plans for Construction and Reconstruction;

2.1.13. Section 13. Personnel Health;

2.1.14. Section 14. Procedure When Infection or High Risk of Infection Is Discovered;

2.1.15. Section 15. Enforcement;

2.1.16. Section 16. Penalty, which shall read as follows: "Any person who shall violate any of the provisions of this Ordinance may be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 and/or such persons may be enjoined from continuing such violation(s). Each day upon which such a violation(s) occurs shall constitute a separate violation."

2.1.17. Section 17 Repeal and Date of Effect;

2.1.18. Section 18 Separability Clause;

2.1.19. Footnotes;

2.1.20. Appendix A. Animal Disease Control;

2.1.21. Appendix B. Milk Sampling, Hauling and Transportation;

2.1.22. Appendix C. Dairy Farm Construction Standards and Milk Production;

2.1.23. Appendix D. Standards for Water Sources;

2.1.24. Appendix E. Examples of 3-Out-of-5 Compliance Enforcement Procedures;

2.1.25. Appendix F. Sanitization;

2.1.26. Appendix G. Chemical and Bacteriological Tests;

2.1.27. Appendix H. Pasteurization Equipment and Procedures and Other Equipment;

2.1.28. Appendix I. Pasteurization Equipment and Controls-Tests;

2.1.29. Appendix J. Standards for the Fabrication of Single-Service Containers and Closures for Milk and Milk Products;

2.1.30. Appendix K. HACCP Program;

2.1.31. Appendix L. Applicable Regulations, Standards of Identity for Milk and Milk Products and the Federal Food, Drug, and Cosmetic Act, and the Federal Insecticide, Fungicide and Rodenticide Act;

2.1.32. Appendix M. Reports and Records

2.1.32.a. All forms in Appendix M may be used unless another is approved by the Regulatory Agency.

2.1.33. Appendix N. Drug Residue Testing and Farm Surveillance;

2.1.34. Appendix O. Vitamin Fortification of Fluid Milk Products;

2.1.35. Appendix P. Performance-Based Dairy Farm Inspection System;

2.1.36. Appendix Q. RESERVED;

2.1.37. Appendix R. Determination of Time/Temperature Control for Safety Milk and Milk Products;

2.1.38. Appendix S. Aseptic Processing and Packaging Program, Retort Processed After Packaging Program and Fermented High-Acid, Shelf-Stable Processing and Packaging Program; and

2.1.39 Appendix T. Preventative Controls for Human Food Requirements for Grade "A" Milk and Milk Products.

2.2. The "Evaluation of Milk Laboratories," 2019 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments, is incorporated in its entirety by reference, except that Definition 12 of "Regulatory Agency" means the Commissioner of the West Virginia Department of Agriculture or his or her designee.

2.3. The "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments," 2019 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments, is incorporated in its entirety by reference, except that Definition BB "Regulatory Agency" means the Commissioner of the West Virginia Department of Agriculture or his or her designee.

2.4. The "Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and Closures for Milk and/or Milk Products Manufacturers," 2019 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, is incorporated in its entirety by reference, except that Definition 30 of "Regulatory Agency" means the Commissioner of the West Virginia Department of Agriculture or his or her designee.

W. Va. Code R. § 61-15-2