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


§349. Grade A Raw Milk for Pasteurization



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§349. Grade A Raw Milk for Pasteurization

A. Grade A raw milk for pasteurization is raw milk produced on dairy farms which are in substantial compliance with all of the requirements of this Part for dairy farms and is in conformity with the following bacteriological, chemical and temperature standards:

1. temperature: cooled to 7C (45F) or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10C (50F);

2. standard plate count: individual producer milk shall not exceed 100,000 cfu per ml. prior to commingling with other producer milk;

3. standard plate count: commingled raw milk shall not exceed 300,000 cfu per ml. prior to pasteurization;

4. sediment score of less than four;

5. drug residue: no positive results from any drug residue detection test which has been determined to be appropriate by the state health officer;

6. somatic cell count: individual producer milk shall not exceed 750,000 per ml., provided that goat milk shall not exceed 1,500,000 per ml.; and

7. cryoscope reading: not higher than -0.525Hortvet.

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 37:2658 (September 2011).

§351. Grade A Raw Milk for Pasteurization (Certified for Interstate Milk Shipment)

A. Grade A raw milk for pasteurization (certified for interstate milk shipment) is raw milk, produced on dairy farms in Louisiana, that meet all requirements of this Part, as well as all the requirements of the National Conference on Interstate Milk Shipments (NCIMS) for Grade A and the requirements for inclusion in the U.S. Food and Drug Administration Interstate Milk Shippers List. In cases of conflicting provisions, the stricter codal requirement, as determined by the state health officer, shall be met.

1. Raw milk produced in Louisiana that is in substantial compliance with the provisions contained in §349.A above may be certified by the state health officer for inclusion in the U.S. Food and Drug Administration Interstate Milk Shippers List.

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 37:2658 (September 2011).

§353. Manufacturing Grade Raw Milk for Pasteurization/Milk for Manufacturing Purpose/Grade B Raw Milk for Pasteurization

A. Manufacturing grade raw milk for pasteurization/mik for manufacturing purpose/Grade B raw milk for pasteurization is raw milk that may not meet bacteriological, somatic cell, chemical, sediment or temperature requirements for Grade A or is produced on dairy farms which may violate one or more of the requirements of this Part provided, that the violation thereof does not reasonably likely constitute an imminent hazard to the public’s health, as determined by the state health officer.

B. Manufacturing grade raw milk for pasteurization shall conform to the following bacteriological, chemical or temperature standards.

1. Individual producer raw milk standard plate count shall not exceed 500,000 cfu per ml., prior to commingling with other producer raw milk.

2. Individual producer raw milk shall have sediment score of less than number four.

3. Commingled raw milk standard plate count shall not exceed 3,000,000 cfu per ml. prior to pasteurization.

4. Drug residue: no positive results from drug residue detection test methods contained in §349.A.5 of this Part.

5. Milk temperature shall not exceed 7C (45F) upon delivery to the dairy plant unless it is delivered to the dairy plant in less than two hours after milking, provided cans of manufacturing grade milk shall be cooled to 7C (45F) or less within four hours after each can has been filled and shall remain at that temperature or less unless delivered to a receiving station or pasteurization plant within two hours after milking.

C. Manufacturing grade raw milk for pasteurization from degraded Grade A supplies shall be sold for non-Grade A use only and only for a period not to exceed 30 consecutive days and only when authorized by the state health officer.

D. When the state health officer finds a condition or conditions that he determines are reasonably likely to constitute an imminent hazard to the public’s health he shall take immediate action to suspend the 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 37:2658 (September 2011).

§355. Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products, Bulk Shipped Grade A Pasteurized or Ultra-pasteurized Milk and Milk Products and Pasteurized Filled Milk and Filled Milk Products

A. Grade A pasteurized, ultra-pasteurized and aseptically processed milk and milk products are the products resulting from Grade A raw milk for pasteurization that has been pasteurized, ultra-pasteurized or aseptically processed and placed in the final container in a dairy plant that is in substantial compliance with all of the requirements for Grade A dairy plants contained in this Part. Bottling/filling/packaging of the milk or milk products shall be done in the plant in which they were pasteurized or ultra-pasteurized.

B. The milk and milk products shall conform to the standards of identity prescribed by this Part.

C. The milk and milk products, and anomalous milk and milk products and filled milk and filled milk products shall conform with the following requirements:

1. temperature: cooled to 7C (45F) or less and maintained thereat;

2. standard plate count: not to exceed 20,000 cfu per ml. or gram (g);

3. coliform count: not to exceed 10 per ml. or g. Provided, that in case of bulk milk transport tank shipments, shall not exceed 100 per ml.;

4. drug residue: no positive results from drug residue detection test methods as performed in accord with Appendix G, Part V, Detection of Drug Residues in Milk of the PMO which have been found to be acceptable for use with pasteurized and heat-treated milk and milk products;

5. phosphatase: less than 350 milliunits/L for fluid products and other milk products by the Fluorophos ALP (Alkaline Phosphatase) system or equivalent;

6. cryoscope reading: not higher than -0.525 Hortvet; and,

7. pathogens: no pathogenic microorganisms of human significance.

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 37:2659 (September 2011).

§357. Grade A Bulk Shipped, Heat-Treated Milk and Milk Products

A. Grade A bulk shipped, heat-treated milk and milk products are the products resulting from Grade A raw milk for pasteurization that have been heat-treated in a dairy plant that is in substantial compliance with all of the requirements for Grade A dairy plants contained in this Code and is bulk shipped in bulk milk transport tanks or totes to other food product plants. The raw milk shall have been heated, one time, to temperatures greater than 52C (125F) but less than 72C (161F) for separation purposes when the resulting shipment(s) of cream, nonfat, reduced fat, low-fat milk are labeled heat-treated. In the case of heat-treated cream, the cream may be heated to less than 75C (166F) in a continuing heating process and immediately cooled to 7C (45F) or less when enzyme deactivation (such as lipase reduction) for functional purposes is required.

B. The resulting products shall conform with the standards of identity prescribed in this Part.

C. Heat-treated milk and milk products shall conform to the following temperature, bacteriological and chemical standards:

1. temperature: cooled to 7C (45F) or less and maintained thereat;

2. standard plate count: not to exceed 20,000 cfu per ml. or g.;

3. drug residue: no positive results from drug residue detection test methods which have been determined to be appropriate by the state health officer; and,

4. cryoscope reading: not higher than -0.525 Hortvet.

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 37:2659 (September 2011).

§359. Grade A Aseptically Processed Milk and Milk Products/Ultra High Temperature (UHT)

A. Grade A aseptically processed milk and milk products are the products resulting from Grade A raw milk for pasteurization that has been commercially sterilized, cooled, then placed into pre-sterilized containers, followed by aseptic hermetical sealing with a pre-sterilized closure in an atmosphere free of microorganisms. Grade A aseptically, processed milk and milk products shall conform with the requirements of Title 21, Code of Federal Regulations (CFR), Part 113, the requirements of the PMO and the requirements of this Part. In addition they shall conform with the following standards:

1. standards of identity prescribed in this Part;

2. drug residue: no positive results from drug residue detection test methods which have been determined to be appropriate by the state health officer;

3. phosphatase: less than 350 milliunits/L for fluid products and other milk products by the Fluorophos ALP system or Charm ALP or equivalent;

4. cryoscope reading: not higher than -0.525Hortvet; and

5. pathogens: no pathogenic microorganisms of human concern.

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 37:2659 (September 2011).

§361. Grade A Pasteurized, Ultra-pasteurized and Aseptically Processed Milk and Milk Products Certified for Interstate Shipment

A. Grade A pasteurized, ultra-pasteurized and aseptically processed milk and milk products (certified for interstate milk shipment) are pasteurized milk and milk products, obtained from sources included in the NCIMS List of certified sources processed in Louisiana dairy plants, that meet all requirements of this Part as well as all the requirements of the National Conference on Interstate Milk Shipments (NCIMS) for Grade A and the requirements for inclusion in the U.S. Food and Drug Administration Interstate Milk Shippers List . In cases of conflicting provisions, the stricter codal requirement as determined by the state health officer shall be met.

B. Pasteurized milk and milk products processed in Louisiana that are in substantial compliance with the provisions contained §359.A above may be certified by the state health officer for inclusion in the U.S. Food and Drug Administration Interstate Milk Shippers List.

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 37:2659 (September 2011).

§363. Grade B Pasteurized Milk and Milk Products

A. Grade B pasteurized milk or milk products are products resulting from Grade A raw milk for pasteurization and may not meet the requirements for Grade A pasteurized milk and milk products or have been pasteurized or ultra-pasteurized and placed in the final container in a dairy plant that may violate one or more of the requirements contained in this Part for Grade A dairy plants provided, further that any violation thereof does not constitute an imminent hazard to the public’s health as determined by the state health officer.

B. The milk or milk products shall conform to the standards of identity prescribed by this Part.

C. The milk or milk products shall conform with the following bacteriological, chemical and temperature standards:

1. standard plate count not to exceed 50,000 cfu per ml.;

2. coliform count not to exceed 10 per ml.;

3. phosphatase less than 350 milliunits/L., for fluid products and other milk products by the Fluorophos ALP system or equivalent;

4. cryoscope reading not higher than -0.525Hortvet;

5. no positive results from drug residue detection test method as performed in accord with Appendix G, Part V, Detection of Drug Residues in Milk of the PMO; and

6. no pathogenic microorganisms of human significance.

D. Grade B pasteurized milk or milk products may be sold only from supplies that were Grade A and have been degraded to Grade B for a period not to exceed 30 days and only upon authorization from 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 37:2660 (September 2011).

Chapter 5. Requirements for Grade A Dairy Farms

§501 Approval of Plans

A. All milking barns or parlors used on dairy farms from which Grade A raw milk is offered for sale and which are hereafter constructed, reconstructed, or altered shall conform with the requirements of this Part and the PMO. All equipment with which milk comes in contact and automated cleaning equipment shall comply with applicable 3-A Sanitary Standards in design, construction, employment and use. Plans for the construction, reconstruction or alteration of dairy farm facilities domiciled within the state shall be approved by the state health officer prior to construction, reconstruction or alteration.

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 28:1266 (June 2002), amended LR 37:2660 (September 2011).

Subchapter A. Health of Dairy Animals

§503. Health of Dairy Animals

A. Tuberculosis. All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis-free area, as determined by the Animal Health Program, Veterinary Services, the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, or the Louisiana State Livestock Sanitary Board and which have been tested for tuberculosis at least once in every six year period. Note that herds located in an area that fails to maintain such accredited status, or that has an incidence of bovine tuberculosis in excess of 0.2 percent shall have been accredited by said the Animal Health Program, Veterinary Services, the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, or the Louisiana State Livestock Sanitary Board, for tuberculosis-free, accredited herds, in effect at the time of the adoption of this ordinance. A certificate identifying each animal signed by the veterinarian and filed as directed by the state health officer shall be evidence of the above tests. All milk for pasteurization shall be from herds in areas which have a Modified Accredited Advanced Tuberculosis status, any herd shall have established a tuberculosis testing protocol for livestock that assures tuberculosis protection and surveillance of the dairy industry within the areas and that it is approved by the Food and Drug Administration, the U. S. Department of Agriculture and the state health officer.

B. Brucellosis. All milk for pasteurization shall be from herds under a brucellosis eradication program which meets one of the following conditions:

1. is located in a certified brucellosis-free area as defined by the U. S. Department of Agriculture and enrolled in the testing program for such areas;

2. meets the U.S. Department of Agriculture requirements for an individually certified herd;

3. participates in a milk ring testing program at least two times per year at approximately 180-day intervals and all herds with positive milk ring results shall have the entire herd blood tested within 30 days from the date of the laboratory ring test; or

4. has an individual blood agglutination test performed annually with an allowable maximum grace period not exceeding two months.

C. Goat milk, sheep milk, water buffalo or other hooved mammal milk for pasteurization, ultra-pasteurization or aseptic processing shall be from a herd or flock which:

1. has passed an annual whole herd or flock brucellosis test as recommended by the state veterinarian or USDA Area Veterinarian in Charge (AVIC) followed by testing replacement animals or any animals entering the milking group or sold as dairy animals;

2. has passed an annual random blood-testing program sufficient to provide a statistical confidence level of 99 percent with a probability value (P-value) of 0.05. Any herd or flock with one or more confirmed positive animals shall go to 100 percent testing until the whole herd tests show no positive animals are found. Random sampling size shall be derived from Table 1 Regulatory Statistics, 5th. Edition (June 1975) by Victor C. Beal, Jr., Program Development and Application, Veterinary Services, APHIS: Animal Health Programs; or

3. has passed a USDA approved bulk milk test at the USDA recommended frequency.

D. Lactating animals which show evidence of the secretion of milk with abnormalities in one or more quarters, based upon bacteriological, chemical or physical examination, shall be milked last or with separate equipment and the milk shall be discarded. Lactating animals producing contaminated milk, that is, lactating animals which have been treated with, or have consumed chemical, medicinal or radioactive agents, which are capable of being secreted in the milk and which, in the judgment of the state health officer, may be deleterious to human health, shall be milked last or with separate equipment and the milk disposed of as the state health officer may direct. The state health officer may require the use of the strip cup, a mastitis screening test or bacteriological examination of the milk or any other tests he may determine to be necessary to protect the public’s health.

E. For other diseases and residues of toxic substances, such tests and examinations as the state health officer may require, shall be made at intervals and by methods prescribed by him, and any diseased animal or reactors shall be disposed of as he may require.

F. Records supporting the tests required in this section shall be available to the state health officer and be validated with the signature of a licensed and accredited veterinarian or an accredited veterinarian in the employ of an official agency.

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 37:2660 (September 2011).

Subchapter B. Construction and Maintenance of Grade A Dairy Farm Facilities

§505. Surroundings of Dairy Barns

A. The immediate surroundings of the dairy barn shall be kept in a neat and clean condition.

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 37:2661 (September 2011).

§507. Cow Yard

A. All cow yards shall be effectively graded and drained and have no standing pools of water or accumulations of organic waste. A slab of concrete or other impervious material shall be provided, sufficient in size to hold the milking herd. Swine and poultry shall not be allowed in the cow yard.

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 37:2661 (September 2011).

§509. Manure, Sewage and Liquid Waste Disposal

A. All manure shall be removed and stored or disposed of in accordance with Part XXVII in such a manner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Note that in loafing free stall or pen type stables manure droppings shall be removed or clean bedding added at sufficiently frequent intervals to prevent the accumulation of manure on cows’ udders and flanks and the breeding of flies.

B. Sewage shall be disposed of in a manner approved by the state health officer.

C. Liquid wastes resulting from the cleaning of cows, cleaning and rinsing of the barn and equipment, shall be properly disposed of so as not to contaminate the milk or milk equipment or milking barn or parlor, or to create a nuisance or a public health hazard.

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 37:2661 (September 2011).

§511. Dairy Barn Required

A. A dairy barn or milking parlor shall be required. The barn or parlor shall be constructed in a manner approved 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 37:2661 (September 2011).

§513. Milking Barn or Parlor Cleanliness

A. The interior shall be kept clean. Floors, walls, windows, pipelines, and equipment shall be free of filth or litter, and shall be clean. Swine and fowl shall be kept out of the milking barn. All pens, calf stalls, etc., shall be located and maintained so as not to have a deleterious effect upon the conditions in the milking area(s) and the milk house/room.

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 37:2661 (September 2011).

§515. Lighting

A. The areas of the milking barn where cows are milked shall be provided with a minimum of 10-foot candles of well distributed light.

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 37:2661 (September 2011).

§517. Ventilation

A. Sections of all dairy barns where cows are kept or milked shall be well ventilated to minimize odor and to prevent condensation upon walls and ceilings.

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).



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