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


§559. Drug and Chemical Control



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§559. Drug and Chemical Control

A. Cleaners and sanitizers shall be stored in properly identified, dedicated end-use containers.

B. Animal drugs, medications and their administration equipment shall be stored in such a manner that milk, milking equipment and cleaning equipment are not subject to contamination.

C. Animal drugs and medications shall be properly labeled and segregated (lactating from non-lactating).

D. Unapproved drugs shall not be used.

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).

Chapter 7. Sampling, Hauling and Transporting of Milk

§701. Milk Tank Trucks

A. The construction of all milk tank trucks shall comply with applicable 3-A Standards and the requirements of the PMO.

B. Permitting. Each tank truck that loads or unloads milk or other dairy products in the State of Louisiana shall bear a current, valid milk tank truck permit issued by the state health officer, provided that milk tank trucks bearing a permit issued by a milk or dairy regulatory agency from another state whose milk tank truck regulations and inspectional procedures have been determined, by the state health officer, to be equivalent to those contained in this Part may be loaded or unloaded for an indefinite period until such milk tank trucks have been inspected and permitted by the state health officer. Milk tank trucks bearing a permit issued by a milk or dairy regulatory agency from another state whose permitting regulations or inspectional procedures for milk tank trucks have been determined, by the state health officer, not to be equivalent to those contained in this Part, may be loaded or unloaded for a period not to exceed five times in a one month period, provided further that each dairy plant maintain a log showing the dates and times each milk tank truck is loaded or unloaded and such log is made available to the state health officer for review. When such milk tank trucks have been loaded or unloaded more than five times in a one month period at a dairy plant in Louisiana, the plant shall contact the state health officer expeditiously and make necessary arrangements to have such milk tank trucks inspected and permitted. After the plant has done this, they may continue to load or unload such milk tank trucks until they have been inspected by the state health officer. Upon inspecting the milk tank truck, should the state health officer determine that it is not in substantial compliance with this Part and deny the issuance of a permit for the milk tank truck, it shall not load or unload dairy products in the state until all violations have been corrected and verified in a manner approved by the state health officer.

1. Under no circumstances or situations shall milk or other dairy products be loaded onto or unloaded from a tank truck that does not bear a current, valid permit issued by an official milk or dairy regulatory agency without prior authorization from the state health officer.

2. Owners of milk tank trucks that bear a current, valid permit issued by other state official milk or dairy regulatory agencies shall not be required to pay any inspection or permit fees of any kind or type.

3. The state health officer shall perform an inspection of the milk tank truck and its appurtenances prior to the issuance of the permit. This inspection shall be comprehensive and shall include a visual inspection of all of the product contact surfaces of the interior of the tank (interior surfaces of the tank, CIP equipment and any other product contact surfaces). This may be done by the inspector entering the interior of the tank or by using instruments that enable the inspector to visually observe all product contact surfaces in the interior of the tank. All other product surfaces (including pumps, valves, hoses, sampling equipment, etc.) shall be inspected.

4. Milk tank trucks that are found to be in compliance with §701.A above and are in substantial compliance with all other requirements of this Code, but are not equipped with an internal CIP system which complies with 3-A Standards shall be issued a restricted permit. This restricted permit shall authorize them to be unloaded only at plants that have cleaning systems (including manual cleaning and sanitizing programs), approved by the state health officer, capable of properly cleaning and sanitizing the vehicle. Provided, that arrangements may be made to have the milk tank truck properly cleaned and sanitized at a permitted dairy plant or milk tank truck cleaning facility that is capable of properly cleaning and sanitizing such trucks, as determined by the state health officer, within four hours after the milk tank truck is unloaded and prior to next use. Milk tank trucks that haul multiple loads within a 24 hours period, and are not empty for periods exceeding four hours each, during that time period, are excluded from this requirement, provided that they are cleaned and sanitized at a dairy plant or cleaning station that can accommodate such milk tank trucks.

5. Permits shall be valid for a period of one year unless suspended or revoked by the state health officer for cause.

6. A decal indicating the permit number and date of expiration shall be affixed to the milk tank truck trailer, in an area near the rear of the milk tank, where it can easily be seen.

7. Dairy plants that do not have facilities for properly cleaning and sanitizing milk tank trucks shall not unload milk tank truck loads of milk or dairy products. Provided, that the milk tank truck may be unloaded when arrangements are made by the dairy plant for the milk tank truck to be properly cleaned and sanitized at a permitted dairy plant or milk tank truck cleaning facility capable of properly cleaning and sanitizing the milk tank truck within four hours after being unloaded and prior to next use.

8. Milk tank trucks shall transport milk products only, provided that the state health officer may authorize the transporting of other food grade products. Milk tank trucks that have transported egg products shall not be used for transportation of milk products.

9. Milk tank trucks that have transported unpasteurized products shall not be used to transport pasteurized products that will not be re-pasteurized.

C. The following applies to the suspension of permit, removal from service, and/or inspection reports relative to milk tank trucks:

1. When the state health officer determines that a milk tank truck has significant cleaning, construction or repair defects he shall:

a. in cases in which the milk tank truck has been issued a Louisiana permit, suspend the permit immediately until such time as the discrepancies are corrected and verified by an inspection by the state health officer; or

b. in cases in which the milk tank truck has been issued a permit by a state other than Louisiana:

i. Refuse to issue a permit for the milk tank truck.

ii. Notify the operator that the milk tank truck shall not be authorized to

transport milk products in the State of Louisiana until such time as the discrepancies have been corrected and verified by the milk regulatory agency that issued the permit in a manner acceptable to the state health officer.

iii. Include, on the inspection report, a statement indicating that the milk tank truck shall not be authorized to transport milk products in Louisiana until the discrepancies have been corrected and verified by the milk regulatory agency that issued the permit.

iv. Expeditiously contact the milk regulatory agency that issued the permit, give notification of the problem and make necessary arrangements to have that regulatory agency notify the state health officer when the discrepancies have been corrected and verified.

2. Each time a milk tank truck permitted by a state other than Louisiana has been inspected by the state health officer, he shall send a copy of the inspection report to the state milk regulatory agency that issued the permit.

D. The following cleaning and sanitizing requirements apply to milk tank trucks.

1. Each milk tank truck shall be properly cleaned and sanitized at a dairy plant or milk tank truck cleaning facility possessing a valid permit, issued by the state health officer or the official state agency having regulatory authority over the plant or facility, prior to first use. When time elapsed after cleaning and sanitizing and before first use exceeds 96 hours, the tank shall be re-sanitized. Provided, when the time elapsed between cleaning and sanitizing and before first use exceeds seven days, the milk tank truck shall be properly cleaned and sanitized prior to use.

2. It shall be the responsibility of the dairy plant or milk tank truck cleaning facility that cleans and sanitizes the milk tank truck to properly clean and sanitize the interior of the tank, the outlet valve(s), dome dust cover, dome cover, tank cover gasket and tank cover vent.

3. It shall be the responsibility of the operator of the milk tank truck to properly clean and sanitize milk hose(s), pumps, sampling equipment and pump compartments of bulk milk pickup tank trucks. These appurtenances shall be properly cleaned and sanitized by the milk tank truck operator each time the milk tank truck is cleaned and sanitized, regardless of whether they were used or not used in the loading of the milk tank truck. Removable fittings on the hoses shall be disassembled and properly cleaned at least once each week.

4. It is allowable to pickup multiple loads within a 24-hour period provided that the milk tank is washed and sanitized after each day used, provided further that the time interval between any unloading and loading during that 24-hour period does not exceed four hours.

5. It is allowable for a milk tank truck to be unloaded at one facility and proceed to a permitted facility to be washed and sanitized, provided that the time interval between unloading and washing does not exceed four hours.

6. Milk tank trucks shall be cleaned and sanitized only at facilities possessing a valid permit for such activities issued by the state health officer or by the milk regulatory agency in the state in which the facility is located.

7. The following cleaning and sanitization tag/record requirements are applicable to milk tank trucks:

a. The operator of the milk tank truck shall be responsible for assuring that the milk tank truck has been properly cleaned, sanitized and has a cleaning and sanitization tag placed on the tank truck by the facility that last cleaned and sanitized the tank truck. A milk tank truck that does not have a valid cleaning and sanitization tag shall not be loaded or unloaded until the proper cleaning and sanitization can be verified and approval is received from the state health officer.

b. A cleaning and sanitization tag shall be affixed to the outlet valve or in an area in the vicinity of the outlet valve of the milk tank truck by the plant or cleaning facility that cleaned and sanitized the truck. The tag shall remain in place and intact until the tank truck is next cleaned and sanitized. When the milk tank truck is cleaned and sanitized, the cleaning and sanitization tag shall be removed and stored at that location for a period of not less than 15 days. In cases in which the tank truck is only sanitized and not cleaned and sanitized, the date, time, facility’s name and location, and initials of the person that sanitized the truck shall be annotated on the existing tag. This tag shall remain in place and intact until the tank truck receives a complete cleaning and sanitization.

c. The following information shall be recorded on the cleaning and sanitization tag:

i. identification of the milk tank truck;

ii. date, time, facility’s name and location where the milk tank truck was cleaned and sanitized;

iii. signature or initial of person who cleaned and sanitized the milk tank truck;

iv. the numbers of the numbered seals placed on the tank truck; and

v. date, time, facility name and location where product was unloaded from the truck.

d. The maintenance of all information on the cleaning and sanitization tag shall be the responsibility of bulk milk hauler/sampler or the milk tank truck operator until the tank truck is cleaned and sanitized.

8. The date, time, facility’s name and location of the last cleaning and sanitization of the milk tank truck shall be provided to the State Health Officer during any milk tank truck inspection and such information shall be recorded on the milk tank truck’s inspection report.

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 37:2666 (September 2011).

§703. Sealing and Protection of Milk Tank Trucks

A. Tamper evident, numbered seals shall be placed on all outer openings of the tank (C.I.P. fittings, valves, vents, hatches, dust covers and doors of the valve, pump and sample compartment) by the milk receiver/sampler immediately upon completion of washing and sanitizing of the milk tank truck, provided that the operator of the milk tank truck may lock the doors of the valve, pump and sample compartments with padlocks instead of being sealed.

B. The tank truck shall be constructed in such a manner as to preclude the opening of any sealed portion of the tank truck without breaking the seals (hinges on dust cover, doors, etc.).

C. In cases in which a milk tank truck is unloaded at a dairy plant, is not washed and sanitized and will be used to haul milk or milk products, it shall be sealed and protected as prescribed in §703.A above and the date, time, location the milk tank truck was unloaded shall be recorded on the cleaning and sanitizing tag by the milk receiver/sampler.

D. The seal numbers shall be annotated on the cleaning and sanitization tag.

E. It shall be the responsibility of the milk tank truck operator to insure that the milk tank truck has been properly cleaned and sanitized.

F. It shall be the responsibility of the milk tank truck operator to insure that the milk tank truck has been properly sealed and compartments are locked or sealed and maintained in such manner at all times that the milk tank truck is not being loaded, unloaded or under immediate control of the operator.

G. The milk tank truck operator shall check the integrity of all seals and locks upon arrival at the first farm or other facility from which milk or milk products are to be loaded.

H. When seals must be broken in order to load the truck, the operator shall store the seals in a secure location on the truck and record the seal numbers and reason for breaking the seals on the cleaning and sanitization tag or on the manifest.

I. If at any time the operator discovers that a seal has been broken or removed without his/her knowledge, he/she shall immediately notify the state health officer and ensure that the milk tank truck is not unloaded without permission 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 37:2668 (September 2011).

§705. Manifest for Bulk Milk Tank Trucks

A. Bulk milk tank trucks that pick up milk from dairy farms and haul it to dairy plants shall have a shipping statement (manifest) containing:

1. name and address of tank truck owner;

2. tank truck permit number and state issuing permit;

3. bulk milk tank truck operator/sampler(s) name(s) and permit number(s) and state issuing permit(s); and,

4. the bulk milk tank truck operator/sampler signature.

B. The following information concerning each individual dairy farm having milk represented on the load shall be annotated on the manifest by the bulk milk tank truck operator/sampler:

1. name and permit number of dairy farm;

2. date and time milk was picked up;

3. identity of bulk tank on farms where milk was picked up from two or more farm bulk tanks;

4. temperature of the milk in each bulk tank;

5. milk gauge reading of each bulk tank;

6. pounds of milk collected from each bulk tank;

7. the initials of the bulk milk tank truck operator/sampler who picked up the milk; and,

8. the BTU permit number of the BTU to which the farm belonged.

C. The following information shall be annotated on manifest at point and time of unloading of bulk milk tank truck by the receiver/sampler:

1. the name and permit number of the plant or receiving station at which the tank truck was unloaded;

2. the date and time the tank truck was unloaded (this shall also be recorded on the cleaning and sanitizing tag);

3. the temperature of the load of milk;

4. the numbers of the numbered seals on the milk tank truck;

5. the date and time of the last cleaning and sanitization of the tank truck as annotated on the cleaning and sanitization tag; and,

6. the dairy plant receiver/sampler’s permit number and signature.

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 37:2668 (September 2011).

§707. Bulk Milk Tank Truck Operator/Sampler

A. A bulk milk tank truck operator/sampler is a person who collects official raw milk samples and may transport raw milk from dairy farms to milk plants, receiving stations, transfer stations or other food processing plants.

B. Milk tank truck and milk tank transport operators who are not licensed as bulk milk tank truck operator/samplers shall not perform any of the duties of a bulk milk tank truck operator/sampler that directly involves the collection of official samples or measuring of milk for official records.

C. Milk tank truck operators who are not bulk milk tank truck operator/samplers and perform any of the duties of a bulk milk tank truck operator/sampler that do not involve the collection of samples or measuring of milk shall conform with the requirements for such duties contained in this Part.

D. Bulk milk tank truck operator/samplers shall obtain a permit to operate a bulk milk pickup tank truck and collect official samples of raw milk prior to the performance of these duties.

E. The bulk milk tank truck operator/sampler must be instructed in proper procedures of milk pick up and sample collection prior to permit application.

F. The bulk milk tank truck operator/sampler shall obtain a passing score on a test administered by the state health officer and demonstrate his ability to perform the required milk pick up and sampling duties to the state health officer prior to being issued a permit.

G. Each bulk milk tank truck operator/sampler shall attend one of the bulk milk pickup tanker operator/sampler seminars conducted biannually by the state health officer and receive a passing score on the test administered as part of the seminar. Failure to attend the required seminar or failure to achieve a passing score on the test shall result in suspension of his/her permit.

H. The examination shall be composed of a minimum of 20 questions broken down into the following areas:

1. six questions relating to sanitation and personal cleanliness;

2. six questions relating to sampling and weighing procedures;

3. four questions relating to equipment (including proper use, care, cleaning, etc); and

4. four questions relating to proper record keeping requirements.

I. Candidates failing the exam (a score of less than 70 percent) shall be denied permits or licenses until such time as they achieve a passing score.

J. The bulk milk hauler/sampler shall insure that he/she has the following equipment at all times while engaged in picking up and hauling milk:

1. sample rack and compartment to hold all samples collected;

2. refrigerant to hold temperature of milk samples between 0 - 4.4C (32 - 40F);

3. sample dipper or other sampling devices of sanitary design approved by the state health officer;

4. sterile sample bags, tubes or bottles; stored properly;

5. calibrated pocket thermometer; certified for accuracy every six months; accuracy  1C (2F);

6. approved sanitizing agent and sample dipper container;

7. watch for timing milk agitation; and

8. appropriate sanitizer test kit.

K. Specific procedures that shall be performed by each milk tank truck operator/sampler:

1. The bulk milk hauler/sampler shall insure that all outer openings of the milk tank truck are properly sealed with numbered seals at all times the milk tank truck is not being loaded, unloaded or under his/her immediate supervision; padlocks may be used on the valve, pump and sample compartments.

2. The bulk milk hauler/sampler shall check the integrity of all seals and padlocks upon arrival at the first point at which the milk tank truck is to be loaded.

3. If any seal must be broken in order to load the truck, the bulk milk tank truck operator/sampler shall record the number of the seal(s) broken on the cleaning and sanitizing tag or manifest, this record may be referred to as a “broken seal record”. The broken seal shall be placed in a secure place in the milk tank truck so that it can be presented to the milk receiver/sampler at the unloading point.

4. If at any time should the bulk milk tank truck operator/sampler find that any numbered seal or padlock securing the outer openings of the milk tank truck has been removed without his/her permission, he/she shall immediately notify the state health officer and then follow instructions given by the state health officer.

L. The specific procedures used by an individual bulk milk tank truck operator must be such that they preclude contamination of the milk and milk contact surfaces. The individual bulk milk tank truck operator shall insure the accuracy of all measurements taken, that samples collected are representative of the product sampled and that records and reports are accurate and complete.

M. The following are examples of acceptable procedures used in the measurement, sampling and pick up of milk from farm bulk tanks by the bulk milk tank truck operator/sampler:

1. he/she shall practice good hygiene, shall maintain a neat and clean appearance and not use tobacco in the milk house;

2. wash hands thoroughly and dry with a clean single service towel or acceptable air dryer immediately prior to measuring and sampling the milk;

3. examine the milk by sight and smell for any off odor or any other abnormalities that would classify the milk as not being acceptable. Reject if necessary;

4. measure the milk prior to agitation. If the agitator is running upon arrival at the milk house, the measurement shall be taken only after the surface of the milk has became quiescent;

5. carefully insert the measuring rod, after it has been wiped dry with a single service towel, into the tank. Repeat this procedure until two identical measurements are taken. Record measurements on the farm weight ticket;

6. do not contaminate the milk during measurement;

7. agitate the milk a sufficient time to obtain a homogeneous blend. Tanks with a capacity of less than 1,500 gallons, five minutes, and more than 1,500 gallons, 10 minutes;

8. while the milk is being agitated, insert thermometer into milk and determine temperature of the milk. Rinse thermometer and place it into holder. Record temperature;

9. while the tank is being agitated, bring the sample container, dipper, dipper container or single service sampling tubes and sanitizing agent for the outlet valve into the milk house. Remove the cap from the tank outlet valve and examine for milk deposits or foreign matter and then sanitize if necessary. Protect the hose cap from contamination when removing it from the transfer hose and during storage;

10. collect samples only after the milk has been properly agitated. Remove the dipper or sampling device from the sanitizing solution or sterile container and rinse at least twice in the milk;

11. collect a representative sample or samples from the bulk tank. When transferring milk from the sampling equipment, caution should be used to assure that no milk is spilled into the tank. Do not fill the sampling container more than ¾ full. Close the cover on the sample container;

12. rinse the dipper and place in its carrying container;

13. close the cover or lid of the bulk tank;

14. identify samples at the point of collection with the producer’s number annotated on the sample container;

15. take a temperature control sample at the first stop of each load. This sample must be labeled with time, date, temperature, producer and bulk milk tank truck operator/sampler identification;

16. place the sample or samples immediately into the sample storage case;

17. record milk temperature, time, date of pick up and bulk milk tank truck operator/sampler identification on the farm weight ticket. He/she shall check the accuracy of the thermometer on each bulk tank monthly and record results on document that remains in the farm. Pocket thermometer must be sanitized before use;

18. once the measurement and sampling procedures are completed, with the agitator still running, open the outlet valve and start the pump. Turn off the agitator when the level of milk is below the level that will cause over agitation;

19. when the milk has been removed from the tank, disconnect the transfer hose from the outlet valve and cap the hose;

20. observe the inside surfaces of the bulk tank for foreign matter or extraneous material and record any objectionable observations on the farm weight ticket;

21. with the outlet valve open, thoroughly rinse the entire inside surface of the tank with warm water;

22. samples shall be cooled to and held between 0C (32F) and 4.4C (40F) during transit to the laboratory;

23. means shall be provided to properly protect the samples in the sample case. Keep refrigerant at an acceptable level;

24. racks must be provided so that the samples are properly cooled in an ice bath and are not submerged in the coolant; and,

25. adequate insulation of the sample container box or ice chest shall be provided to maintain the proper temperature of the samples.

N. At least one sample of raw milk collected by the bulk milk tank operator/sampler from each farm bulk milk tank represented on each load shall accompany the load to the dairy plant at which it will be unloaded.

O. The bulk milk tank truck operator/sampler shall follow the practices and procedures described in Appendix B, Milk Sampling, Hauling and Transportation of the PMO as well as those contained in this Part.

P. An on-site evaluation of the bulk milk tank truck operator/sampler’s techniques should be made by the state health officer at least once each 24 months.

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 37:2668 (September 2011).

Chapter 9. General Requirements for Dairy Plants



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