W. Va. Code R. § 61-19-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-19-5 - Bacterial count
5.1. Whenever the producer's raw milk bacteria count exceeds the standard as stated in Section 3 of this rule, the producer shall be notified of the excessive bacteria count.
5.2. Whenever at least two of the last four bacteria counts exceed the bacteria standard as stated in Section 3 of this rule, the Commissioner shall send a written warning notice to the producer. The notice shall be in effect so long as two of the last four consecutive samples exceed the bacterial standard.
5.2.1. An additional sample shall be taken no sooner than three days and no later than twenty-one days after sending of the warning notice required in subsection 5.2. of this rule. If this sample also exceeds the bacteria standard as established in Section 3 of this rule, the producer's permit shall be suspended until satisfactory compliance is obtained. Shipment may be resumed, and the producer's permit reinstated by the Commissioner when an additional sample of the producer's raw milk is tested and found satisfactory. The producer's permit shall remain in a warning status as long as two of the last four bacteria counts exceed the standard. The Commissioner shall suspend the producer's permit immediately for at least seven days, whenever three of the last five bacteria counts within any twelve-month period exceed the standard.
5.2.2. The Commissioner shall issue a temporary permit after determining by an inspection of the facilities and the operating methods that the conditions responsible for the violation have been corrected.
5.2.2.a. Samples shall be taken at the rate of not more than (2) per week on separate days within a 3-week period.
5.2.2.b. The Commissioner shall reinstate the permit upon compliance with the standards set forth in this rule.

W. Va. Code R. § 61-19-5