Chapter General §101. Definitions [formerly paragraph 1: 001]

A. The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other impervious and easily cleaned material which has been approved by the state health officer. It shall be graded to drain and shall be in good repair.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2662 (September 2011).

§521. Walls and Ceilings

A. The walls and ceilings of all dairy barns shall be smooth, painted or finished in a manner approved by the state health officer and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be dust-tight. If the feed room adjoins the milking space it shall be separated therefrom by a dust-tight partition and door. Feed may be stored in the milking portion of the barn only in such a manner as will not increase the dust content of the air, attract flies, or interfere with cleaning of the floor (as in covered, dust-tight boxes, or bins). Open feed dollies may be used for distributing the feed, but not for storing feed in the milking barn. Feed troughs shall be constructed of concrete or other approved impervious and easily cleanable material. A minimum of eight feet ceiling height shall be required in all dairies. When elevated stanchions are used, this height shall be measured from the floor of the elevated portion of the barn.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2662 (September 2011).

§523. Milk House or Room

A. There shall be provided a milk house or milk room of sufficient size for the cooling, handling, storing of milk and the washing, sanitizing and storing of milk containers and utensils. The milk house or milk room shall conform to the following requirements.

1. It shall be provided with a tight floor constructed of concrete or other impervious easily cleanable material, in good repair, graded to drain through trapped floor drains.

2. It shall have walls and ceilings of such construction as to permit easy cleaning and shall be painted or finished in an manner approved by the state health officer.

3. The milk house shall be provided with a minimum of 20-foot candles of well distributed light.

4. It shall be provided with windows and solid doors. All outside openings shall be effectively protected against entry of insects, dust and airborne contamination. All outside doors shall be self-closing and open outward.

5. It shall be used for no other purpose than those specified above, except as may be approved by the state health officer.

6. It shall not open directly into a stable or into any room used for domestic purposes.

7. The water supply for the milk room and milking operations shall be from a supply easily accessible, constructed and operated according to Part XII of this Code.

8. It shall have water piped into it and protected against normal freezing conditions.

9. It shall be provided with hot and cold running water under pressure. Water volume and temperature shall be adequate for the cleaning of utensils and operation of automated cleaning systems.

10. It shall be equipped with two-compartment stationary wash and rinse vats, large enough to submerge the largest piece of equipment or container.

11. A conveniently located hand washing facility with hot and cold running water under pressure, soap, air dryer or single service towel shall be provided.

12. The floors, walls, ceilings, windows, tables, shelves, cabinets and any equipment located in the milk house shall be clean. Only articles directly related to milk house activities shall be permitted in the milk house. The milk house shall be free of trash, animals and fowl.

13. Incidental articles may be kept in the milk house provided they are kept clean and ample space is available to conduct normal operations in the milk house and they will not contaminate milk.

14. The milk house shall be adequately ventilated to minimize condensation on floors, walls, ceilings and cleaned utensils.

15. Vents and artificial lighting fixtures shall be installed in a manner to preclude the contamination of bulk milk tank interiors or clean utensil storage areas. They shall not be located over bulk milk tank openings.

16. The state health officer may allow the use of a milk tank truck that is constructed, equipped, located and operated in a manner approved by the state health officer for the storage of raw milk.

17. Milk houses or rooms at dairy farms where the raw milk is transferred from the farm bulk milk tank to milk tank trucks for shipment shall be provided with a hose port in the exterior wall through which the hose used to transfer milk from the bulk tank to the milk tank truck shall be placed during the transfer. The port shall be fitted with a tight fitting door that shall be in good repair and kept closed except when the port is in use. A concrete or equally impervious slab shall be provided under the hose port, sufficiently large to protect the hose from contamination during the transfer of milk. A water hose shall be conveniently located to allow the rinsing of the slab. The area around the slab shall be clean and free of insect harborage or attractants.

18. Milk houses or rooms in which raw milk is shipped in milk cans shall be equipped with mechanical cooling devices, constructed in a manner that meets the 3-A standards or requirements of the PMO, that cool the milk to 7C (45F) or less within four hours or less after each can is filled and maintained at that temperature or less until shipped.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2662 (September 2011).

§525. Reclaimed Water_df

A. Potable water utilized for heat exchangers or compressors on a Grade A dairy farm may be salvaged and used for certain limited applications in the milking operation on the dairy farm if the following criteria are met:

1. The reclaimed water_df piping system shall meet the requirements of Parts XII and XIV of this Code.

2. Any re-circulated cold reclaimed water_df which is used in exchangers, including systems in which a freezing point depressant is used, shall be from a safe source and protected from contamination. Such reclaimed water_df shall be tested at the minimum frequencies specified in this Section and shall otherwise comply with any other requirements of this Section. Freezing point depressants shall be non-toxic.

3. The reclaimed water_df shall be stored in a storage vessel properly constructed of such material that will not contaminate the reclaimed water_df system and will protect the system from possible contamination.

4. The storage vessel shall be equipped with a drain and access point to allow for cleaning.

5. No cross-connection shall exist between the reclaimed water_df supply and any unsafe or questionable water supply or any other source of pollution. No cross connection shall exist between any potable water supply or potable water distribution system and the reclaimed water_df system.

6. There are no submerged inlets through which the reclaimed water_df system may be contaminated.

7. The reclaimed water_df shall be of satisfactory organoleptic quality and shall have no off flavors or odors.

8. The reclaimed water_df shall comply with the bacteriological standards of Appendix G, Section I of the PMO.

9. Samples of the reclaimed water_df shall be collected and analyzed prior to initial approval and semi-annually thereafter.

10. Approved chemicals, such as chlorine, with a suitable retention period, may be used to suppress the development of bacterial growth and prevent the development of tastes and odors in the reclaimed water_df.

11. When chemicals are added to the reclaimed water_df, a monitoring program for such added chemicals shall be in effect and such chemicals shall not add substances that will prove deleterious to the use of the reclaimed water_df or contribute to product contamination.

12. If the reclaimed water_df is to be used for the sanitizing of teats or equipment (back-flush systems), approved sanitizers, such as iodine may be added by an automatic proportioning device located downstream from the storage vessel but prior to its end-use application. An approved backflow prevention device shall be installed immediately upstream of the point of chemical addition.

B. Reclaimed water_df from the current milking, obtained directly from the discharge of a raw milk heat exchanger or compressor into the wash vat or utensil sink, may be used in the following applications:

1. the one time pre-rinsing of milking equipment, including milk lines, milking claw assembly, milk receiver, etc., and then discharged to waste; or,

2. for non-potable purposes approved by the state health officer, e.g., use as a non-potable water source when the intended use does not require the use of potable water.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2663 (September 2011).

§527. Toilets

A. Every dairy farm shall be provided with one or more sanitary toilets, conveniently located, constructed according to Parts XIII and XIV of this Code, and operated in a sanitary manner. A covered trash container shall be provided in the toilet room. Materials, equipment or utensils used in milk production shall not be stored in the toilet room.

B. Toilet rooms and appurtenances shall be kept clean.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2663 (September 2011).

§529. Construction of Containers and Equipment

A. All multi-use containers, utensils and equipment used in the handling, storage or transportation of milk or milk products shall be constructed of smooth, non-absorbent, non-oxidizable and non-toxic material located as to be easily cleaned, shall be free of exposed copper or brass, and shall be kept in good repair. Joints and seams shall be smooth and easily cleanable. Woven wire cloth shall not be used for straining milk. All milk pails shall be of heavy-gauge material and of small mouth design. The design, construction and manner of employment of all milk equipment shall conform with 3-A Standards and the requirements of the PMO, and be approved by the state health officer in writing prior to installation.

B. Systems are acceptable if they are designed, installed and operated in accordance with the following parameters for reverse flush systems:

1. All product contact surfaces shall conform to the construction criteria of §529.A of this Part.

2. An intervening break to the atmosphere shall be provided between the water and/or chemical solution and the product and/or product contact surfaces at all times.

3. If a pre-rinse cycle is used it shall be with potable water.

4. The system shall provide for:

a. A chemical solution cycle with a chemical solution complying with provisions of Appendix F of the PMO.

b. The chemical solution strength shall be limited to that strength necessary to accomplish its intended effect and shall not leave a significant residual in the milk.

c. A post-rinse cycle with safe water. The use of treated water to prevent psychrophilic microorganisms contamination should be considered.

d. A drain cycle with sufficient time to drain or remove all moisture from the product contact surfaces of the reverse flush system.

5. When air under pressure is used in contact with product or solution contact surfaces, it shall comply with the requirements for air under pressure contained in §929(I) of this Part, provided that an exception to the piping downstream from the terminal filter may be granted when:

a. the piping is used only for filtered air;

b. at least one access point is available to determine cleanliness of the air piping; and

c. the piping is of a smooth, non-absorbent, corrosion-resistant, non-toxic material, including any adhesives used in joints. In some installations, a check valve may be required to prevent water and/or chemical solution from entering these air lines.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2663 (September 2011).

§531. Sanitary Piping

A. All piping used to conduct milk or automated cleaning solutions shall comply with applicable 3-A Sanitary Standards. The installation and use thereof shall be approved, in writing, by the state health officer prior to installation. Detailed plans for mechanically cleaned pipeline systems shall be submitted to the state health officer for written approval prior to installation. No alteration or addition shall be made to any milk pipeline system without prior written approval of the state health officer.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

Subchapter C. Sanitation

§533. Cleaning of Containers and Equipment

A. All multi-use containers, equipment, and other utensils used in the handling, storage, transportation of milk shall be properly cleaned between each usage, provided that farm bulk tanks shall be emptied and cleaned at least once each 72 hours.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§535. Sanitizing Treatment of Containers and Equipment

A. All multi-use containers, equipment, and other utensils used in the handling, storage and transportation of milk shall be properly cleaned then sanitized before each usage. When empty and before being returned to a producer by a dairy plant, each container shall be properly cleaned and sanitized.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, R 37:2664 (September 2011).

§537. Storage

A. All containers and other utensils used in the handling, storage, or transportation of milk shall, unless stored in sanitizing solutions, be stored so as to drain and dry, and so as not to become contaminated before use.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§539. Handling

A. After sanitizing treatment, the handling of milk containers, utensils or equipment shall be done in such a manner as to preclude the contamination of the milk contact surface.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§541. Milk Stools, Surcingles, and Anti-Kickers

A. Milk stools, surcingles and anti-kickers shall be clean and stored above the floor.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§543. Flanks, Udders and Teats

A. The flanks, bellies, tails and udders shall be clipped as necessary. Udders and teats shall be free from visible dirt or liquids at the time of milking.

B. The udders and teats of all milk cows, goats, sheep, water buffaloes or other hooved mammals shall be cleaned, rinsed with a bactericidal solution and dried prior to milking.

C. The use of a common towel, sponge or similar device for cleaning udders is prohibited.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§545. Handling of Milk with Abnormalities

A. Milk from lactating animals being treated with medicinal agents, which are capable of being secreted in the milk, shall not be offered for sale for such a period as is recommended by the attending veterinarian or as indicated on the package label of the medicinal agent.

B. Milk with abnormalities shall not be offered for sale and shall be so handled to preclude the infection of other lactating animals or the contamination of milk utensils.

C. Lactating animals secreting milk with abnormalities shall be milked last or in separate equipment which effectively prevents the contamination of the milk to be offered for sale.

D. Equipment, utensils and containers used for the milking or handling of milk with abnormalities shall be properly cleaned and sanitized after use and prior to being used for the handling of milk to be offered for sale.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2664 (September 2011).

§547. Protection from Contamination

A. No milk shall be strained or poured in the dairy barn.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).

§549. Cooling

A. Raw milk for pasteurization shall be cooled to 10C (50F) or less within four hours of the commencement of the first milking and to 7C (45F) or less within two hours after the completion of milking. Provided, that the blend temperature after the first milking and subsequent milkings does not exceed 10C (50F). Provided, further, that Grade A raw milk for pasteurization, that is shipped in milk cans, shall be cooled to 7C (45F) or less within four hours after each can has been filled.

B. The construction and operation of all raw milk cooling equipment shall comply with 3-A Standards or §2113(H) of this Part as appropriate.

C. All farm bulk milk tanks manufactured after January 1, 2000 shall be equipped with a temperature recording device approved by the state health officer with concurrence of the FDA.

1. The recording device shall be operated continuously and be maintained in a properly functioning manner. Circular charts shall not overlap.

2. The recording device shall be calibrated with a traceable standard thermometer at least once in each six month period in a manner acceptable to the state health officer. The calibration shall be documented on records available for review by the state health officer.

3. Recording thermometer charts shall be maintained on the premises for a period of a minimum of six months and available to the state health officer.

4. The recording thermometer should be installed in an area convenient to the milk storage tank and acceptable to the state health officer.

5. The recording thermometer sensor shall be located to permit the registering of the temperature of the contents when the tank contains no more than 10 percent of its calibrated capacity.

6. The recording thermometers shall comply with the requirements for such thermometers contained in the PMO.

7. A recording thermometer or any other device that meets the specifications of the PMO and is acceptable to the state health officer can be used to monitor and record the bulk tank temperature.

8. The recording thermometer charts shall properly identify the producer, date and signature of the person removing the chart.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).

§551. Cow Feed

A. No cows shall be fed any substance in a state of putrefaction or any swill or unwholesome feed. This regulation shall not be construed to prohibit the use of properly prepared ensilage.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).

§553. Insect and Rodent Control

A. Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects, rodents, and by chemicals used to control such vermin. Milk houses 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. Feed shall be stored in such a manner that it does not attract birds, rodents or insects.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).

§555. Personal Cleanliness

A. All persons coming in contact with milk, containers or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged.

B. Milkers’ hands shall be clean and dried with a clean towel immediately before milking and following any interruption in the milking operation. A faucet dedicated to the rinsing of milkers hands shall be conveniently located in the milking area. Wet-hand milking is prohibited.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).

§557. Clarifiers in the Milk House

A. It shall be unlawful for a milk producer to use any clarifiers, equipment or device in the milk house or dairy barn that would remove or alter a portion or all of the constituents of the milk, provided that this would not prohibit the use of single service filters in the milk house to remove hair or foreign particles that may accidentally gain access to the milk.

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4(A)(1)(a). Also see R.S. 40:5(2)(3)(5)(7)(15)(17) and R.S. 40:922.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2665 (September 2011).