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


§315. Milk Sanitation Rating/HACCP Listing Audit



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§315. Milk Sanitation Rating/HACCP Listing Audit

A. Except for those dairy facilities which require a HACCP Listing audit, a milk sanitation rating shall be conducted on each bulk milk tank unit (BTU), single service container and closure manufacturer plant, milk tank truck cleaning facility, receiving station, transfer station, milk and milk products plant, and Grade A condensing and drying plant at least once each year by a certified milk sanitation rating officer using the methodology prescribed in the Methods of Making Sanitation Rating of Milk Shippers. Except for those dairy facilities which require a HACCP Listing audit, an inspection of all other dairy plants shall be conducted by a certified milk sanitation rating officer at least once each year using the requirements for that specific type of plant contained in this Part.

B. A HACCP listing audit shall be conducted on each dairy facility being regulated under the HACCP requirements of this Part at least once each year by a certified milk sanitation rating officer that has been standardized and certified as a HACCP listing officer by the FDA.

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 37:2654 (September 2011).

§317. Posting Inspection Reports

A. One copy of each inspection/audit report shall be handed to the operator or posted by the state health officer in a conspicuous place upon an inside wall of one of the dairy farm or dairy plant buildings, and said inspection report shall not be defaced and shall be made available to the state health officer upon request. The original of the inspection report shall be filed with the records 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 37:2654 (September 2011).

§319. Field Supervision

A. Each Bulk Tank Unit (BTU) or others receiving milk from one or more dairy farms shall provide qualified field persons for the purpose of inspecting and testing sources of supply and assisting producers.

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 37:2654 (September 2011).

Subchapter C. Grading, Enforcement Procedures and Standards

§321. Grading

A. The state health officer shall establish grades and grading protocols for milk, milk products, condensed, concentrated and dried milk products.

B. The state health officer shall grade all milk, milk products, condensed, concentrated and dried milk and milk products produced or processed in the state.

C. The grade of the products shall be based upon:

1. compliance with the regulations governing milk production, milk and milk products and condensed, concentrated or dried dairy products processing and handling contained in this Part; and

2. compliance with the standards for milk and milk products contained in this Part as determined by the examination of at least four samples of milk or milk products and condensed, concentrated or dried dairy products during the current six month period, collected from each supply on separate days production by the state health officer.

D. All cartons, jugs, packages, wrappers, bottles or other containers enclosing graded milk, milk products and condensed, concentrated or dried dairy products shall be conspicuously marked with the grade of the contents on the principal display panel, secondary or informational panel or the cap/cover.

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 37:2654 (September 2011).

§323. Grades of Milk and Milk Products to be Sold

A. All milk and milk products sold to the final consumer or to restaurants, delicatessens, grocery stores and any other establishments that provide milk or milk products for human consumption shall be Grade A pasteurized, Grade A ultra-pasteurized or Grade A aseptic processed (UHT), provided that dry milk products sold or provided for human consumption may be Extra Grade, provided further that all milk and milk products (except Extra Grade dry milk products) provided to institutions who receive funds from the United States Government or the State of Louisiana for the purchase of milk and milk products shall be Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products certified for interstate shipment.

B. Provided, that when the grade of a Grade A product has been lowered to Grade B, the state health officer may authorize the sale of the Grade B milk or milk product for a temporary period, not to exceed 30 days, provided further that the words Grade B shall prominently appear on the principal display panel of all containers of such product.

C. Provided further that extra grade and standard grade dry milk and milk products and ungraded evaporated milk or sweetened condensed milk in containers that have been retort processed after packaging may be sold to the final consumer, restaurants, institutions, grocery stores or other establishments that provide dry milk or milk products or evaporated, concentrated or condensed milk.

D. All raw milk from cows, goats, sheep, water buffaloes and other hooved mammals produced by dairy farms for sale to dairy plants domiciled in Louisiana shall be Grade A raw milk for pasteurization, provided that when the grade of a raw milk supply has been lowered to manufacturing grade raw milk for pasteurization, the state health officer may authorize the sale of manufacturing grade raw milk for pasteurization from the degraded supply for a temporary period, not to exceed 30 days, provided further it is sold for non-Grade A use.

E. The sale, exchange or otherwise providing [including bartering, selling stock in dairy cows in exchange for raw milk, exchanging raw milk in return of animal feed or the cost of animal feed and any other such type arrangement (regardless if there is an actual sale)] of raw milk or dairy products made from raw milk (other than aged/ripened cheese processed in a plant that conforms with the requirements contained in Chapter 25 of this Part) for human or animal consumption is prohibited.

EXCEPTION: This shall not be interpreted to prohibit a farmer from providing raw milk for his/her own animals on his/her own farm.

F. Filled milk, filled milk products, imitation milk products and anomalous milk and milk products shall conform with the bacteriological requirements for Grade A pasteurized, ultra-pasteurized milk, or aseptically processed milk and milk products contained in §355 of this Part and shall be processed and packaged in plants that conform with all of the requirements for dairy plants that process Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products contained in §901 (General Requirements for Dairy Plants) 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, R 37:2654 (September 2011).

§325. Procedure in Emergency

A. During emergency periods, the state health officer may temporarily permit the sale of ungraded 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 37:2655 (September 2011).

§327. Continuous Grading

A. If at any time the lowering of the grade of a raw milk supply or dairy product becomes justified in accordance with §329 or §333 of this Part, the state health officer shall lower the grade of such milk or milk product and shall enforce proper labeling thereof.

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 37:2655 (September 2011).

Subchapter D. Degrading or Suspension of Permit

§329. Degrading or Suspension of Permit Based upon Physical Violations

A. If during an inspection or audit the state health officer finds a violation(s) of this Part, he shall record the violation(s) on an inspection/audit report. A copy of the inspection/audit report shall be handed to the operator or posted in a prominent place on the premises.

B. In cases in which the state health officer finds conditions or violations of this Part that he deems to be of serious nature, violations that have not been corrected since the last inspection or reoccurring violations, he shall notify the operator, in writing, of the conditions or violations and specify a reasonable time, but not before the lapse of three days, in which the conditions or violations shall be corrected. The requirement of giving written notice shall be deemed to have been satisfied by handing it to the operator or posting it in a prominent place on the premises. The operator shall be allowed to request an extension of the time allowed for correction. The state health officer may authorize an extension of time for correction when warranted by the circumstances.

C. When the state health officer has specified a time in which conditions or violations shall be corrected, as in §329.B above, he shall conduct a second inspection after the time specified. In cases in which the second inspection reveals that the conditions or violations have not been corrected to the satisfaction of the state health officer, he may lower the grade of the milk supply or dairy product. In cases in which grades and grading criteria have not been established for a supply or a product and the second inspection reveals that any of the conditions or violations have not been corrected to the satisfaction of the state health officer, he may suspend the permit of the operator.

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 37:2655 (September 2011).

§331. Notification of Laboratory Analyses

A. When two of the last four standard plate counts or temperature checks, sediment tests or somatic cell counts of a raw milk supply fail to meet the requirements contained in this Part, the state health officer shall send written notice thereof by certified or return receipt request mail to the permitee concerned and shall take an additional sample, within 21 days but not before the lapse of three days from the date of receipt of such notice.

B. When two of the last four standard plate counts or temperature checks from a heat treated dairy product supply fail to meet the requirements contained in this Part, the state health officer shall send written notice thereof by certified or return receipt request mail to the permitee concerned and shall take an additional sample, within 21 days but not before the lapse of three days from the date of receipt of such notice.

C. When two of the last four standard plate counts or coliform counts or temperature checks from a pasteurized dairy product, including frozen desserts, filled dairy products and anomalous dairy products fail to meet the requirements contained in this Part, the state health officer shall send written notice thereof by certified or return receipt request mail to the permitee concerned and shall take additional sample, within 21 days but not before the lapse of three days from the date of receipt of such notice.

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 37:2655 (September 2011).

§333. Degrading or Suspension of Permit or Removal of Product from the Market Based upon Laboratory Analyses

A. In cases in which the written notice required in §331 of this Part has been received by the operator and whenever three of the last five samples fail to meet the standard plate count, coliform count, sediment score, temperature check or somatic cell count requirements of this code unless the last individual sample result meets the requirements, the state health officer shall:

1. Degrade the raw milk supply or dairy product to the appropriate grade, in cases in where grades and grading protocol have been established.

2. Suspend the operator’s permit in cases where grades and grading protocol have not been established, provided that the state health officer may allow the operator to discontinue the sale of the violative product(s) rather than suspend the permit.

B. Whenever a phosphatase test result is positive, suspend the permit for the product, place all product that is reasonably likely to have not been properly pasteurized under official seizure and require that any such product that has entered commerce be recalled by the processor and disposed of as directed by the state health officer.

C. Whenever pathogenic microorganisms of human significance are found in a dairy plant environment, require the plant operator to submit a written corrective action plan for eliminating and preventing the reoccurrence of the contamination to the state health officer for approval. The state health officer shall, during each inspection/audit determine whether or not the plant is in conformity with the written corrective action plan. Failure to conform with the approved corrective action plan shall be grounds for suspension of permit.

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 37:2656 (September 2011).

§335. Suspension of Permit Based on Laboratory Analyses - Adulteration or Contamination with Pathogenic Microorganisms of Human Significance

A. Should any raw milk supply or dairy product including frozen desserts, anomalous milk and milk products and filled dairy products be found to be adulterated (water, drug residues, pesticide/herbicides, etc.), the state health officer shall immediately suspend the permit and place all product that may reasonably likely be adulterated, under official seizure. The state health officer shall require that the owner of the adulterated product, expeditiously remove any of the product that had entered commerce and to comply with instructions from the state health officer for the disposition of such product.

B. Should any pasteurized dairy product, including frozen desserts, anomalous milk and milk products and filled dairy products be found to contain one or more pathogenic microorganisms of human significance, the state health officer shall immediately suspend the permit and place all contaminated product and all product reasonably likely to be contaminated under official seizure. The state health officer shall require the owner of the product to expeditiously remove any of the product that had entered commerce and to comply with instructions from the state health officer for the disposition of such product. Provided, further, that raw and heat treated dairy products are excluded from this requirement.

C. Whenever the pasteurization recording charts for products requiring pasteurization are not available for review, the state health officer shall suspend the permit for the product and place under official seizure and require that any product involved that has entered commerce be recalled by the processor and disposed of as directed by 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 37:2656 (September 2011).

§337. Suspension of Permit for Reasons Other than Laboratory Analyses

A. The state health officer shall immediately suspend the permit to operate when:

1. the state health officer finds a condition(s) existing on a dairy farm, in a dairy product manufacturing plant (including frozen desserts manufacturing plant and filled dairy products manufacturing), single service milk container or closure manufacturing plant or at a finished product depot/transfer point that he determines is reasonably likely to constitute an imminent hazard to the public’s health;

2. a series of observations made during an inspection or audit is determined by the state health officer to indicate that a plant does not have sufficient control of its operations to prevent a compromise to food safety;

3. the holder of the permit or his employees or agents interfere with the state health officer in the performance of his duties; or,

4. the holder of the permit or his employees have falsified documents, charts or other records pertaining to the safety of dairy products.

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 37:2656 (September 2011).

§339. Seizure and Condemnation of Milk, Dairy Products, Ingredients of Milk and Ingredients of Dairy Products

A. Any milk, milk product or other dairy product, ingredient or component of such products that the state health officer determines to be adulterated, misbranded or not registered or which has been manufactured, processed or packaged in an establishment, which did not, at the time of manufacture, processing or packing, hold a valid permit issued by the state health officer is subject to seizure and condemnation by the state health officer as provided in §§632, 633, 634 and 635 of the State of Louisiana Food, Drug and Cosmetic Law, which is found in Part I, Chapter 4, Title 40 of the Louisiana Revised Statutes, as well as any applicable regulations which implement this law.

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 37:2656 (September 2011).

Subchapter E. Regrading and Reinstatement of Permit

§341. Application for Regrading, Reinstatement of Permit and Permission to Resume Sale of Product

A. Any producer or processor, the grade of whose milk supply or dairy products has been lowered or whose permit has been suspended by the state health officer, and who is properly labeling his dairy products, or who has removed the product from the market and has corrected the condition(s) that resulted in the suspension of the permit or degrade, may at any time make application for the regrading of his product or reinstatement of his permit or for being allowed to resume the sale of a product that has been removed from the market.

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 37:2657 (September 2011).

§343. Regrading or Reinstatement of Permit when Degrade or Suspension was Based on Laboratory Analyses

A. Upon receipt of a satisfactory application from the operator, when the lowered grade or suspension of permit is the result of violative standard plate counts, violative coliform counts, violative temperatures, violative somatic cell counts, or violative sediment scores the state health officer shall take additional samples of the applicant’s output at a rate of one sample from a single day’s production and not more than two samples per week. The state health officer may:

1. regrade the milk supply or dairy product upward, whenever a minimum of two successive samples meet the grade requirements of a higher grade provided they are the last two samples collected; or

2. reinstate the permit of the manufacturer or allow the sale of a non-grade product that has been removed from the market whenever a minimum of two successive samples meet the bacteriological or chemical standards for such non-graded products, provided they are the last two samples collected.

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 37:2657 (September 2011).

§345. Regrading and Reinstatement of Permit when Degrade or Suspension was Based on Physical Violations

A. Whenever a suspension of a permit or the lowering of grade of a product or supply was the result of a violation of an item of these regulations other than laboratory results, the application referenced in §341 of this Part must be accompanied by a statement signed by the applicant stating that the violative item(s) of the regulations has been corrected. Within one week of receipt of such an application and statement, the state health officer shall make a re-inspection of the applicant’s establishment, and thereafter as many additional re-inspections as may be deemed necessary, to verify that the applicant is again complying with the requirements. When the findings justify, he may reinstate the permit and re-grade the milk supply or dairy product upward.

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 37:2657 (September 2011).

§347. Reinstatement of Permit when Suspension was Based upon Adulteration of Product or Contamination of Pasteurized Product or Cheeses with Pathogenic Microorganisms of Human Significance

A. Upon receipt of a satisfactory application and a statement, signed by the applicant, certifying that the cause of the adulteration has been corrected and all product that was involved has been recalled, from an operator whose permit was suspended based upon adulteration of product, the state health officer shall take additional samples of the applicants milk supply or dairy product. The state health officer may reinstate the permit when a sample result indicates the supply or product is in compliance, provided that it is the last sample collected. Provided further that in cases in which the suspension of permit was due to a dairy farm’s drug residue violations of Appendix N of the PMO the state health officer shall make an inspection of the applicant’s dairy farm and as many additional inspections as deemed necessary by the state health officer to assure that the applicant is again in substantial compliance with all applicable requirements. Said application shall be accompanied by a statement, signed by the applicant, to the effect that the cause of the violation has been corrected.

B. Upon receipt of a satisfactory application from an operator whose permit was suspended based upon contamination with pathogenic microorganisms of human significance and a written corrective action plan for eliminating and preventing a reoccurrence of the contamination the state health officer shall:

1. Review the corrective action plan and determine whether or not it is satisfactory. The state health officer may reject the plan when, in the state health officer’s opinion, it is not satisfactory.

2. Upon concurring with the corrective action plan; inspect the dairy plant to determine whether the corrective action plan has been implemented to the state health officer’s satisfaction. In cases in which the plant is not domiciled in Louisiana, the state health officer may accept certification that the plan has been implemented from the dairy regulatory agency of that state or country. In cases in which the state health officer deems that the regulatory agency of a state or country is not technically capable of providing acceptable assurance that the corrective action plan is being properly implemented, the state health officer shall perform such inspections. The dairy plant shall be required to pay all expenses the state health officer incurs in making the inspections. Failure to adhere to the corrective action plan at any time may constitute grounds for suspension of permit.

3. Take additional samples of the applicant’s product(s).

4. The state health officer may reinstate the permit when the samples indicate the product no longer contains pathogenic microorganisms of human significance and the corrective action plan to prevent a reoccurrence of the problem has been implemented to the state health officer’s satisfaction.

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 37:2657 (September 2011).

Subchapter F. Standards and Specification for Grades of Milk and Milk Products



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