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

A. The water supply shall comply with Part XII of this Code.

B. Potable water supplies for dairy plants shall comply with the following:

1. Water for dairy plant purposes shall be from supplies approved by the state health officer and properly located, protected and operated. It shall be accessible and of a safe, sanitary quality.

2. There shall be no cross-connection between the safe water supply and any unsafe or questionable water supply, or any source of pollution through which the safe water supply might become contaminated. A connection between the water supply piping and a make-up tank (such as for cooling or condensing), unless protected by an air gap or effective back-flow preventer, constitutes a violation of this requirement.

3. New individual water supplies and water supply systems which have been installed, repaired or otherwise become contaminated shall be disinfected before being placed in use. The supply or water supply system shall be made free of the disinfectant (or lowered until the disinfectant residual is equal to the normal disinfectant residual coming from the existing water supply system) by pumping to waste before any sample for bacteriological testing shall be collected.

4. Samples for bacteriological testing of individual water supplies and water supply systems shall be taken by the state health officer upon the initial approval of the physical structure, each six months thereafter and when any repair or alteration of the individual water supply or water supply system has been made. Samples shall be taken by the state health officer and examinations shall be conducted in an official laboratory. To determine if water samples have been taken at the frequency established in this section, the interval shall include the designated six-month period plus the remaining days of the month in which the sample is due.

5. Besides meeting bacteriological standards of Appendix G, Section I of the PMO, of potable water supplied by individual water supplies shall also comply with applicable chemical, physical, and radiological standards. Samples for same shall be submitted by the milk or dairy facility to a certified chemical laboratory/drinking water (as defined in Part XII of this Code) every five years. The state health officer shall determine which chemical, physical, or radiological contaminants or parameters the water should be tested for. Copies of the laboratory results of samples shall be submitted to the state health officer by the milk or dairy facility.

6. The water samples shall be tested in a laboratory, approved by the state health officer using the methodology prescribed by Appendix G of the PMO. The state health officer shall take appropriate regulatory action on violative water samples in accordance with the requirements of the PMO.

7. Current records of water test results shall be retained on file by the state health officer and by the plant.

C. Any potable water system associated with a milk or dairy facility which has at least 15 service connections or regularly serves an average of 25 individuals daily for at least 60 days out of the year is considered a public water system and must also be regulated under provisions applicable to public water systems as required in Part XII of this Code. If a potable water system meets this criteria and the source of supply of such system is from a water well, such water well shall be constructed in accord with public water system standards. With the exception of achieving and maintaining potable water quality standards as specified in other Paragraphs of this Section, compliance with other provisions under Part XII of this Code which are applicable only to public water systems shall not be required if the public water system meets all of the following conditions:

1. consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

2. obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

3. does not sell water to any person; and,

4. is not a carrier which conveys passengers in interstate commerce.

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 37:2674 (September 2011).

§927. Hand-washing Facilities

A. Hand-washing facilities provided with hot and cold running water under pressure through a mixing faucet, soap, air dryer or single service sanitary towels shall be conveniently located to all areas in which dairy products are handled and equipment is cleaned. The use of a common towel 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 37:2675 (September 2011).

§929. Protection from Contamination

A. Dairy plant operations shall be so conducted and equipment and facilities located in such manner as to prevent contamination of dairy products, ingredients, packaging materials, equipment, containers and utensils.

B. All milk products or ingredients which have been spilled, overflowed or leaked shall not be used for human consumption.

C. The storage, handling or use of poisonous or toxic materials shall be performed in such a manner as to preclude contamination of milk products, ingredients, packaging materials or product contact surfaces of equipment, containers or utensils. All containers containing poisonous or toxic materials, including cleaning and sanitizing compounds, shall be distinctly and prominently labeled.

D. All equipment and piping containing cleaning solutions/compounds shall be physically separated from equipment containing dairy products.

E. All equipment and piping containing pasteurized food products shall be physically separated from equipment and piping containing unpasteurized food products.

F. Pasteurized dairy products shall not be permitted to come in contact with equipment or piping with which unpasteurized dairy products or non-dairy products have been in contact, unless such equipment has first been properly cleaned and sanitized.

G. All water used to flush pasteurized product out of lines, vessels or equipment shall be pasteurized or treated by other treatment approved by the state health officer with the concurrence of the FDA. All lines, vessels or equipment that have contained water or product that was not pasteurized or treated, as afore provided, shall be cleaned and sanitized prior to use for pasteurized products.

H. The dairy plant shall be used for no other purpose than the processing of dairy products and the operations incident thereto, provided that the state health officer may authorize the processing or handling of products other than dairy products in such a manner as to preclude the contamination of dairy products, product contact surfaces of all equipment, piping or containers.

I. Air under pressure that comes in contact with dairy products or product contact surfaces shall be free from oil, dust, rust, excessive moisture, extraneous materials or odor and shall comply with the requirements for air under pressure contained in the PMO.

J. Steam that is used in contact with dairy products shall comply with the applicable standards of the PMO and be of culinary quality.

K. Equipment and operations shall be so located within the dairy plant as to prevent overcrowding and contamination of product, equipment, containers, packaging materials or ingredients by splash, condensation, manual contact or drippings, spillage or splash from overhead piping, cooling equipment, platforms, etc.

L. Effective insect and rodent control programs shall be conducted. Dogs, cats and other animals or fowl and birds shall not be allowed in the dairy plant.

M. Multi-use containers or equipment used for dairy products, such as milk crates, bossy carts, milk cans, etc., that have been on premises where swine or poultry are kept, or premises where raw poultry or pork products are processed or have been used to store raw poultry or pork products shall not be used in the processing or handling of dairy products.

N. Eggs and raw egg products shall be handled or stored in areas separated from dairy products in such a manner as to preclude contamination of floors, conveyors, cases, etc., used for dairy products handling or storage, provided, that delivery vehicles are exempt from this requirement when adequate steps are taken to preclude contamination of dairy products or containers/crates from broken eggs or leaking raw egg products.

O. Fork lifts, pallet jacks and other materials handling equipment that have been in contact with driveways, concrete/ground surfaces of the exterior of the dairy plant or have been used in areas where meat, poultry, pork and returned dairy products are handled shall not enter the areas of the dairy plant where dairy products are handled, processed or stored or areas in which containers and equipment are cleaned, sanitized or stored.

P. Entry into each specific area of the plant where dairy products are handled, processed, packaged or stored shall be restricted to personnel whose presence is necessary for conducting, supervising or inspecting operations in that specific area. Training activities may be allowed.

Q. Each entrance into each area where dairy products are handled, processed, packaged, stored or dairy equipment is cleaned shall be provided with footwear baths containing sanitizers that effectively sanitize footwear. These footwear baths shall be so located and maintained in such a manner as to effectively sanitize the footwear of all persons entering these areas. Spray type devices and other devices approved by the state health officer that adequately perform the same function as the footwear baths may be used.

R. Lighting fixtures shall be constructed and installed in such a manner as to preclude the contamination of products, ingredients, packaging material, packaged products or product contact surfaces of equipment.

S. Graded dairy products, not in the final package, shall not be permitted to come in contact with products of a lower grade or with ungraded products or with utensils, piping or equipment which has been in contact with lower grade or ungraded products unless such utensils, piping or equipment have been properly cleaned prior to use for higher graded product.

T. Returned dairy products (dairy products that have left the direct control of the plant that processed them) shall be handled in such a manner that they do not come in physical contact or contact through drippage or spillage with any area in which other products are stored or handled. They shall not come in such contact with any equipment used in the handling of other products. The returned dairy products shall be clearly identified and other prudent measures taken to preclude contamination or integration with wholesome products.

U. All floor drains in areas of the plant used for receiving, processing, handling dairy products and where containers, utensils and equipment are cleaned shall be kept in good repair, cleaned and sanitized at least once each week. Brushes used to clean floor drains should be color coded and said brushes shall not be used for any other purpose.

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 37:2675 (September 2011).

§931. Reclaim or Rework Operations

A. Reclaim or rework operations are all activities associated with the recovery, handling and storage of processed or partially processed products for use as an ingredient in products to be used for human consumption.

B. Product that has left the direct control of the plant or has been temperature-abused, tampered with or exposed to chemical or biological contamination shall not be reclaimed or reworked for use as an ingredient in other products for human consumption.

C. Reclaimed or reworked products and reclaim or rework operations shall conform with the following requirements.

1. Reclaim areas and equipment shall be constructed, maintained and protected in a manner that is in substantial compliance with the requirements for the production and processing equipment areas contained in this Part.

2. Product that has left the direct control of the plant in which it was packaged shall not be reclaimed or reworked.

3. All product to be reclaimed shall be maintained at 7C (45F) or below. Product salvaged from defoamers and tank or line rinsing shall be immediately cooled to 7C (45F) or below.

4. Packages of product to be reclaimed or reworked shall be clean and free of contamination. Product from open, leaking or badly damaged containers shall not be reclaimed or reworked.

5. Packaged product shall be opened in such a manner as to minimize the potential for contamination. Containers shall not be opened by slashing, smashing or breaking.

6. Woven wire strainers shall not be used in reclaim or rework operations.

7. Reclaim or rework dump stations and tanks shall be covered except when product is actually being dumped through the openings.

8. Reclaim or rework storage tanks shall be equipped with approved thermometers.

9. Cleaning and sanitization requirements shall be the same as those for raw dairy ingredient handling equipment.

10. Reclaimed or reworked product shall be handled as a raw dairy ingredient.

11. Reclaimed or reworked products when used as an ingredient shall be added to the final product prior to pasteurization.

12. It is recommended that higher than minimum temperatures and times be used in the pasteurization of product containing reclaimed or reworked ingredients.

13. The milk plant shall take appropriate steps to preclude the contamination of products or equipment with allergenic or sensitive producing ingredients, reclaimed or reworked ingredients or substances that will not be appropriately declared in the labeling of the final container of product.

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 37:2676 (September 2011).

§933. Dairy Plant Cleanliness

A. All rooms in which milk and dairy products are handled, processed or stored, or in which containers, utensils or equipment are cleaned or stored, shall be kept clean, neat and free of evidence of insects and rodents. Approved pesticides shall be stored, handled and used so as not to present a health hazard. Only equipment directly related to processing operations or to handling of containers, utensils and equipment shall be permitted in the receiving, pasteurizing, ultra-pasteurizing, aseptic processing, cooling, packaging and bulk milk and dairy products storage areas.

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 37:2677 (September 2011).

§935. Sanitary Piping

A. All sanitary piping, fittings, connections and automated cleaning systems shall comply with applicable 3-A Standards or the construction thereof shall be approved in writing by the state health officer, and shall consist of smooth, impervious, corrosion-resistant, non-toxic, easily cleanable material. All piping, fittings and connections shall be in good repair. Pasteurized milk and milk products shall be transferred from one piece of equipment to another only through sanitary piping.

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 37:2677 (September 2011).

§937. Construction and Repair of Containers and Equipment

A. All multi-use containers and equipment with which milk or dairy products come into contact and automated cleaning equipment shall comply with applicable 3-A Standards. They shall be of smooth, impervious, corrosion-resistant, non-toxic material; shall be constructed for ease of cleaning and be easily accessible or demountable for manual cleaning or be designed for mechanical cleaning. All product contact surfaces shall be readily accessible for inspection, shall be self-draining and shall be kept in good repair. All single-service milk containers and closures used for milk, milk products or other dairy products shall be manufactured by plants certified by FDA and listed in the latest publication of the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers or shall comply with all requirements of this Part. Gaskets and other articles with which milk or dairy products come in contact shall be non-toxic, and shall have been manufactured, packaged, transported and handled in a sanitary manner. Articles intended for single-service use shall not be reused. The design, construction and method of employment of all dairy equipment shall be approved by the state health officer prior to installation.

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 37:2677 (September 2011).

§939. Thermometers

A. Unless the thermometers and other temperature monitoring instruments and recording devices used in dairy plants are accurate within known limits, there can be no assurance that proper temperatures for cooling, pasteurization, ultra-pasteurizing, aseptic processing, storage, cleaning, etc., are being applied.

B. All thermometers, temperature monitoring instruments, and recording devices used in dairy plants shall conform with the requirements for such thermometers, temperature monitoring instruments, and recording devices contained in the PMO.

C. The operator shall record the temperature, as shown by the indicating thermometer, on the recording chart each time a chart is placed in each recorder and at least once during each 24-hour period of operation.

D. The dairy plant shall test and calibrate all indicating and recording thermometers used in the dairy plant (including CIP system and dairy product storage tank and product storage rooms recording thermometers) at least once in each three-month period using a test thermometer approved by the state health officer. Provided that any thermometers tested and calibrated by the state health officer need not be tested and calibrated by the dairy plant until the lapse of three months from the date they were tested and calibrated by the state health officer.

E. During each inspection of each milk plant’s processing operation, the state health officer shall examine and initial a representative sample of each type of recording charts and logs to verify the calibration of monitoring devices and to verify that the operations were conducted in accordance with the requirements of this Part.

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 37:2677 (September 2011).

§941. Pasteurization, Ultra-pasteurization and Aseptic Processing

A. All dairy products (e.g., milk solids, whey, nonfat dry milk, condensed milk, cream, nonfat (fat free, skim) milk, etc.), eggs, egg products, cocoa, cocoa products, frozen dessert mixes, emulsifiers, stabilizers, vitamins, sweeteners and any other approved ingredients (with the exception of those ingredients listed in Subsection B of this Section shall be added prior to pasteurization, ultra pasteurization or aseptic processing.

B. The only ingredients which shall be added after pasteurization or ultra pasteurization are those flavoring ingredients which are:

1. fresh fruits or vegetables and only when they are added to cultured dairy products having a pH of less than 4.7 and only in a dairy plant having a quality assurance program which is considered adequate by the state health officer;

2. subjected to prior heat treatment sufficient to destroy all pathogenic microorganisms;

3. a water activity of 0.85 (Aw) or less;

4. high acid content products;

5. roasted nuts;

6. dry sugars;

7. flavor extracts containing high alcohol content; or

8. safe and suitable bacterial cultures.

C. Such additions shall be made only with approval of the state health officer with the concurrence of FDA and in a manner which prevents product contamination.

D. Pasteurization and ultra-pasteurization shall be performed in equipment and using procedures that conform with the requirements of PMO and current applicable 3-A Standards and are approved by the state health officer.

E. Aseptic processing shall be performed in accordance with Title 21 CFR Parts 108 and 113 and the requirements of PMO.

F. Pasteurization, ultra-pasteurization and aseptic processing shall be controlled as a CCP in plants being regulated under HACCP.

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 37:2678 (September 2011).

§943. Cleaning and Sanitization of Containers and Equipment

A. All multi-use containers and equipment used in the processing, handling, storage or transportation of milk and dairy products shall be properly cleaned after each use and shall be cleaned at least once each 24 hours of use, provided:

1. storage tanks shall be cleaned each time they are emptied and shall be emptied at least every 72 hours;

2. storage tanks used to store raw milk or heat treated milk products longer than 24 hours and silo tanks used to store raw milk or heat treated milk products shall be equipped with a seven-day temperature recording device complying with the requirements for such devices contained in the PMO and shall be approved by the state health officer prior to installation;

3. upon review of information provided by the milk plant supporting the cleaning of multi-use containers and equipment at frequencies extending beyond the 24 hour requirement, the state health officer may with the concurrence of the FDA, on a case by case basis, authorize cleaning intervals greater than 24 hours;

4. records shall be available to the state health officer to verify that storage tanks have been properly cleaned at least once each 72 hours or at the frequency established by the state health officer in concurrence with the FDA.

B. Milk and milk product pipelines and equipment designed for mechanical CIP cleaning shall meet the following requirements.

1. An effective cleaning and sanitization regimen that shall be followed for each separate cleaning and sanitization operation shall be posted near the cleaned -in-place equipment controls.

2. A temperature recording device complying with the requirements for such recording device contained in the PMO and approved by the state health officer shall be installed in the cleaning and sanitizing solution return line or other area, approved by the state health officer with the concurrence of the FDA, to record the temperatures and times during which the line or equipment is exposed to cleaning and sanitizing solutions. The state health officer may require that pressure gauges, other instruments or logs be provided to verify that cleaning and sanitization was properly performed.

3. Charts/records/logs used to verify proper cleaning and sanitizing shall be retained for a minimum of three months.

4. During each inspection of the cleaning and sanitizing operations of each plant, the state health officer shall examine and initial a representative sample of each type of charts/records/logs to verify that the operations were conducted in accordance with the posted cleaning and sanitization regimens.

C. All multi-use containers and equipment shall be effectively sanitized before first use by means approved by the state health officer. Assembled equipment shall be sanitized prior to each first use.

D. Piping, equipment and containers used to process, conduct or package aseptically processed milk and dairy products beyond the final heat treatment process, shall be sterilized before any aseptically milk or milk product is packaged and shall be re-sterilized whenever any unsterile product has contaminated it.

E. Multi-use milk crates and bossy carts shall be properly cleaned and sanitized before each use and before being brought into any area of the plant where milk and dairy products are pasteurized, processed, cooled or packaged.

F. Cleaning procedures; including solution mixing directions, strengths, testing procedures, temperature requirements, circulation times, etc., shall be posted adjacent to all equipment used to clean or sanitize dairy equipment.

G. The posted procedures shall be followed in the cleaning and sanitization of the equipment.

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 37:2678 (September 2011).