W. Va. Code R. § 61-19-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-19-7 - Abnormal milk
7.1. A producer shall not use milk for manufacturing milk which is found to be abnormal by sight or odor, which is from animals that show evidence of the secretion of abnormal milk in one or more quarters, or which is from animals that have consumed chemical, medicinal, or radioactive agents that may be secreted in the milk. Equipment, containers, and utensils used to handle abnormal milk shall be cleaned and sanitized by the producer before they are used for milk for manufacturing purposes. The equipment shall meet the construction requirements set forth in this rule. Milk from animals treated with or exposed to pesticides not approved for use on dairy animals by the United States Environmental Protection Agency shall not be used for manufacturing purposes until the milk has been tested and found acceptable by the Commissioner.
7.2. When a confirmatory test on a routine sample indicates a somatic cell count above 750,000 cells per milliliter except for goat milk, which is above 1,000,000 cells per milliliter; the Commissioner shall send written notification of the unsatisfactory cell count to the producer.
7.3. When two out of the last four routine samples have a somatic cell count above 750,000 cells per milliliter, except for goat milk, which is above 1,000,000 cells per milliliter, the Commissioner shall send a written notice of the counts to the producer and a representative of the Commissioner shall contact the producer to endeavor to determine and eliminate the source of the violative cell count. The notice shall be in effect so long as two of the last four consecutive samples exceed the somatic cell standard.
7.3.1. An additional sample shall be taken no sooner than three days and no later than twenty-one days after sending of the warning notice. If this sample also exceeds the somatic cell standard, 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 somatic cell counts exceed the standard.
7.3.1.a. The Commissioner shall suspend the producer's permit immediately for at least one day whenever three of the last five somatic cell counts within any twelve-month period exceed the standard.
7.3.1.b. The Commissioner shall issue a temporary permit whenever resampling of the herd's milk supply indicates the milk supply to be within acceptable limits as set forth in this rule.
7.3.1.b.1. Samples shall be taken at the rate of not more than two (2) per week on separate days within a 3-week period.
7.3.1.b.2. The Commissioner shall reinstate the permit upon compliance with the standards set forth in this rule.

W. Va. Code R. § 61-19-7