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


§901. General Requirements



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§901. General Requirements

A. The requirements contained within this chapter pertain to Grade A dairy plants and dairy plants in general. Some types of dairy plants are not required to conform with each of these requirements. Those requirements to which specific types of dairy plants shall be required to conform shall be listed in the chapter of this Part that pertains to that specific type of plant.

B. The state health officer has the authority to require an individual dairy plant to implement any additional requirements he/she determines necessary to prevent a compromise to food safety in that individual dairy plant. Failure to comply with such requirements may constitute grounds for suspension or denial of permit.

C. Dairy plants that produce Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products shall conform with each of the requirements contained in this Chapter, provided that dairy plants that produce Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products which have been required or authorized by the state health officer to be regulated under the provisions of Chapter 11 of this Part [Hazard Analysis Critical Control (HACCP) systems] shall conform with the requirements contained in Chapter 11 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 37:2671 (September 2011).

§903. Approval of Plans

A. All milk, milk products plants and other dairy plants domiciled in the State from which dairy products are processed, packaged or offered for sale in the state and which are hereafter constructed, reconstructed, or renovated shall conform with the requirements of this Part. Prior to construction, reconstruction or alterations, written approval of plans and specifications shall be obtained from the state health officer.

B. Prior to installation or modification, written approval shall be obtained from the state health officer of plans and specifications for the design, construction and manner of employment for all equipment used in dairy plants.

C. Written, detailed plans describing the processing of each product shall be submitted to the state health officer for approval prior to manufacture of product and prior to any process or product changes.

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 37:2671 (September 2011).

Subchapter A. Milk, Milk Products and Non Milk Derived Ingredients Receiving

§905. Raw Milk Receiving

A. All milk and other dairy products received by each dairy plant, including receiving stations and transfer stations, shall be from sources which possess a current valid permit issued by the state health officer.

B. Milk or dairy products shall not be loaded onto or unloaded from tank trucks that do not bear a current, valid permit issued by an official milk or dairy regulatory agency.

C. For any milk tank truck that bears a permit of an official state milk or dairy regulatory agency from another state whose milk tank truck regulations have been determined by the state health officer not to be equivalent to those contained in this Part, each dairy facility shall maintain a log showing the dates and times that each and every such truck has been loaded or unloaded. Such logs shall be made available for review by the state health officer. When such milk tank trucks have been loaded or unloaded by a dairy facility more than five times in a one month period, the dairy facility shall expeditiously notify the state health officer and make necessary arrangements for the state health officer to inspect and permit such milk tank trucks. The facility may continue to load and unload such milk tank trucks until the state health officer has inspected and permitted them.

D. Each dairy facility (including dairy plants, receiving stations, transfer stations and milk tank truck cleaning facilities) that cleans and sanitizes milk tank trucks or other confined spaces which hold dairy products, such as tanks, shall be equipped with approved, functional equipment, devices, etc., and provide all services and programs necessary to satisfy the confined space entry safety requirements of the Occupational Safety and Health Administration (OSHA) thereby permitting personnel to safely enter the interior of the milk tank trucks and other confined spaces. The dairy facility shall allow the state health officer to use all such equipment, devices, services and programs, etc., and shall provide the state health officer with any assistance necessary to enable the state health officer (or his authorized representative) to safely enter and inspect the interior of the milk tank trucks or other confined spaces. Dairy facilities, as identified above, which fail to provide the state health officer with any assistance necessary and required under OSHA regulations to safely enter and inspect the interior of milk tank trucks or other confined spaces may be held liable should the safety of the state health officer (or his authorized representative) be in peril while inside of milk tank trucks or any other confined space.

E. When the area in which milk tank trucks are unloaded is not totally enclosed or doors of the unloading area are open during unloading, a filter approved by the state health officer, shall be placed on the manhole or air inlet of the milk tank truck and a roof or ceiling must be provided over the area.

F. All milk or other dairy products received by each dairy plant, including receiving stations, shall be received by a dairy receiver/sampler possessing a current, valid dairy plant receiver/sampler permit issued by the state health officer.

G. Each dairy plant, including receiving stations receiving raw milk, shall be equipped with a drug residue screening laboratory approved by the state health officer.

H. The construction of the laboratory, the laboratory equipment, sampling procedures and laboratory examinations shall be in compliance with the PMO, the Official Methods of Analysis and the Standards Methods for the Examination of Dairy Products and shall be approved by the state health officer.

I. All drug residue analyses shall be performed by approved analysts certified by the state health officer.

J. Each dairy plant and receiving station shall maintain all records of testing required by the state health officer.

K. A sample of raw milk shall be collected from each milk tank truckload of raw milk by a dairy plant receiver/sampler and tested for drug residues in the milk drug residue screening laboratory of the dairy plant prior to the milk tank truck being unloaded.

L. In cases where a dairy plant receives raw milk in cans, a composite sample composed of raw milk from each can of raw milk shipped from each individual dairy farm, shall be collected and tested for drug residues prior to the milk from that individual dairy farm being commingled with any other milk.

M. In cases where a dairy plant processes raw milk produced by a dairy farm located on the same premises, all raw milk produced by the dairy farm shall be tested for drug residues prior to processing.

N. When any sample referred to in §905(K),(L) or (M) above is found to be positive for drug residues, the dairy plant or receiving station shall:

1. refuse to unload the milk tank truck, not commingle any cans of milk from that farm with any other milk, not commingle any milk found to be positive for drug residues with any other milk and isolate the contaminated milk from any other milk;

2. immediately notify the state health officer;

3. insure that the contaminated milk remains on the premises of the dairy plant or receiving station and ensure that it is isolated from any other milk until the state health officer determines the disposition of the milk and authorizes it to be moved; and,

4. immediately cease processing of any product that has inadvertently become commingled with milk contaminated with drug residues, isolate the product, notify the state health officer and expeditiously remove all such product that has entered 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 37:2671 (September 2011).

§907. Dairy Plant Receivers/Samplers

A. Prior to performing the duties associated with same, dairy plant receivers/samplers shall obtain a permit from the state health officer for receiving tank truck or other type of container loads of milk and milk products as well as to collect and handle official samples of milk and milk products.

B. Prior to applying for a permit, the person desiring to become permitted as a dairy plant receiver/sampler shall be instructed in the proper procedures for loading and receiving loads of milk and milk products and for collecting/handling official samples of milk and milk products. These procedures shall be properly performed by each dairy plant receiver/sampler. The instructions of dairy plant receivers/samplers shall minimally include the following:

1. obtaining producer samples from the hauler;

2. checking temperature of the pilot sample;

3. immediately placing samples in an approved refrigerator;

4. checking the manifest for accuracy;

5. verifying that the bulk milk tank truck operator/sampler that picked up milk from the farm has a current, valid permit;

6. verifying that the milk tank truck has a current, valid permit issued by an official state milk or dairy products regulatory agency whose milk tank truck regulations are equivalent to those contained in this Part;

7. recording the permit number, the date and the time that milk tank trucks which bear current, valid permits issued by an official state milk or dairy products regulatory agency whose milk tank trucks regulations have been determined by the state health officer not to be equivalent to those contained in this Part, and notifying facility management when such milk tank trucks have been loaded or unloaded more than five times in any one month period;

8. verifying that the load is from an approved source;

9. checking the cleaning and sanitization tag;

10. recording the date and time the product was unloaded on the cleaning and sanitizing tag;

11. reporting any discrepancies in any of the above to his/her supervisor immediately and does not proceed any further without orders from supervisor;

12. verify the identity of each milk tank truck operator and that he/she is an authorized operator of the vehicle;

13. checking the seals to verify that they are present, intact and agree with the numbers recorded on the cleaning and sanitization tag and that any seals that have been broken are available and agree with the number of the broken seal numbers on the sanitization tag or manifest;

14. immediately notifying the state health officer if seals are missing or if the seal record does not match the intact seals or the operator is unable to produce broken seals for seal numbers recorded on “broken seal record” on the cleaning and sanitization tag. In any such case, the milk tank truck shall not be unloaded without authorization from the state health officer;

15. examining the load of milk or milk products for foreign matter;

16. collecting official samples of milk and milk products from the load;

17. checking and recording the temperature of the load;

18. testing or having a sample from each load of raw milk tested for drug residue;

19. placing dome filter over the dome;

20. unloading the tanker in the manner prescribed by the dairy plant;

21. cleaning and sanitizing the interior of the tank using the procedures prescribed by the plant. When an automated cleaning system is used, the milk tank truck permit number shall be recorded in the appropriate place on the CIP recording chart;

22. cleaning and sanitizing the dome cover, dust cover, gasket, vent and outlet valve(s);

23. inspecting the pump compartment, sample compartment, pump, hoses, sample chest, sample canister, sampling dipper and all other milk and handling appurtenances;

24. placing numbered seals on the dome dust cover, C.I.P. fittings and all other openings of the tank or ensuring that padlocks have been locked as provided in §703.A;

25. recording the cleaning and sanitizing date and time and seal numbers, on the cleaning and sanitization tag;

26. upon verifying that the requirement in §907.B.21.-25. above has been properly satisfied, affixing a cleaning and sanitization tag to the outlet valves; and,

27. cleaning, sanitizing and storing receiving equipment properly.

C. The dairy plant receiver/sampler shall obtain a passing score on a test administered by the state health officer prior to being issued a permit.

D. Bi-annually, each dairy plant receiver/sampler shall attend one of the bulk milk pickup tanker operator/sampler and dairy plant receiver/sampler seminars conducted 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.

E. The state health officer shall evaluate the performance of each dairy plant receiver/sampler at least once each three-month period.

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 37:2672 (September 2011).

§909. Receiving and Handling of Milk Derived and Non-Dairy Ingredients

A. Non-milk derived ingredients used in the manufacturing of dairy products shall have been determined by the FDA to be GRAS for use in dairy products.

B. All dairy ingredients used in the manufacture of dairy products shall be produced, packed, held and shipped in a manner consistent with the requirements of this Part.

C. All non-milk derived ingredients shall be purchased only from suppliers which certify or guarantee that their products have been produced and handled in a manner that will assure a safe and wholesome ingredient which will not adulterate the finished product. Records of such verification or guarantee shall be available for review by the state health officer.

D. A safety and quality inspection of all incoming milk derived and non-milk derived ingredients shall be performed. Records of the results of this inspection, corrective action taken when problems are identified and the date and initials of the person performing the inspection shall be maintained and made available to the state health officer. The inspection shall include an evaluation for conditions related to:

1. product identity and labeling;

2. package condition and integrity;

3. bulging;

4. leaking;

5. dirt/grime;

6. insect infestation;

7. rodent damage; and,

8. off-odors and non-food materials (especially toxic compounds) or residues of such materials in the truck or other conveyance.

E. All ingredients used in the manufacture of dairy products shall be stored and handled in such a manner as to preclude their contamination. Particular attention shall be given to closing or resealing of containers that have been opened and the contents of which have been partially used.

F. Dusty raw ingredient blending or liquification operations which create powdery conditions shall not be conducted in areas where pasteurized products are handled or stored.

G. Dairy products operations in which ingredients are exposed shall be conducted in processing areas. Except when ingredients are being added, all openings into vessels and lines containing product shall be covered. The outer box or wrapper of powdered ingredients shall be removed prior to dumping into mixing vessels.

H. All liquid ingredients which will support bacterial growth shall be kept or immediately cooled to 7C (45F) or below.

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 37:2673 (September 2011).

Subchapter B. Dairy Plant Construction, Sanitation and Operation

§911. Immediate Surroundings

A. The immediate surroundings of the dairy plant shall be well drained and kept neat, clean, and free from conditions which might attract flies, insects or rodents or otherwise constitute a nuisance.

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 37:2673 (September 2011).

§913. Floors

A. The floors of all rooms in which milk or dairy products are received, handled or stored or in which utensils are cleaned shall be constructed of concrete or other equally impervious and easily cleanable material and shall be smooth, properly drained, provided with trapped drains, kept clean and in good repair.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2673 (September 2011).

§915. Walls and Ceilings

A. Walls and ceilings of rooms in which milk and dairy products are handled or stored or in which utensils are cleaned shall be constructed of concrete or other equally impervious and easily cleanable material and kept clean and in good repair.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2673 (September 2011).

§917. Doors and Windows

A. The dairy plant shall be provided with solid doors which shall be kept closed during the presence of dusty conditions, smoke or fumes. All outside openings shall be effectively protected against the entry of insects, rodents, dust and airborne contamination. Screen doors shall be self-closing and open outward.

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).

§919. Light and Ventilation

A. All rooms in which milk or dairy products are handled or processed and in which milk containers, equipment and utensils are cleaned shall be provided with a minimum of 40-foot candles of evenly distributed light. Dry and cold storage areas shall be provided with a minimum of 15-foot candles of evenly distributed light.

B. Ventilation shall be sufficient in all areas of the plant to prevent excessive odors and the formation of excessive water condensation. Vents or lighting fixtures shall be installed in a manner to preclude the contamination of product, ingredients, packaging material, packaged products or product contact surfaces of equipment.

C. All bulk dairy product storage tanks shall be vented into a room used for processing or packaging or in a storage tank alley. Vents located elsewhere shall be equipped with air filters approved for that use 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 37:2674 (September 2011).

§921. Separate Rooms

A. There shall be separate rooms for:

1. the pasteurizing, ultra-pasteurizing and aseptically processing, cooling and packaging of milk and dairy products;

2. the cleaning of milk cans, bottles, totes, cases and other containers;

3. the fabrication of containers and closures for milk and dairy products;

4. cleaning and sanitizing facilities for milk tank trucks in plants receiving milk in such tanks;

5. receiving cans of milk and dairy products and cleaning and sanitizing such cans in milk plants that receive milk in cans;

6. the processing of cheese or any other dairy products in vats or other types of vessels that are uncovered while product is in them. Provided, that in dairy plants that currently have such open vats or other types of vessels in processing rooms, the state health officer may allow the use of these vats/vessels during periods in which there are no processing or cleaning activities being conducted while the vats/vessels are uncovered. Provided further, that such vats/vessels shall be equipped with properly constructed covers which are tight fitting and designed in such manner as to preclude contamination of product and shall be kept in place during the “setting operation”; and,

7. the boiler and other non-processing mechanical equipment, shop rooms and repair areas.

B. The state health officer shall have the authority to require individual plants to provide separate rooms for any purpose he determines to be necessary to prevent a compromise to food safety.

C. Rooms in which milk or dairy products are handled, processed or stored or in which dairy product containers, utensils and equipment are cleaned or stored, shall not open directly into any stable, farmstead or area in which meat, poultry or any other non-dairy foods of animal origin are handled or stored, any restaurant food preparation area or any room used for domestic purposes. All rooms shall be of sufficient size for their intended purposes.

D. Separate areas or rooms and equipment shall be provided for receiving, handling, storage and disposal of returned dairy products that have left direct control of the plant and shall be used for this purpose only. They shall be kept neat, clean and maintained in such a manner as to preclude contamination of other products and equipment or attraction of flies and rodents. Such products shall not be used for human consumption.

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).

§923. Toilet Facilities

A. Every dairy plant shall be provided with flush toilet facilities conforming to the regulations of Part XIII and Part XIV of this Code. Toilet rooms shall not open directly into any room in which milk, milk products, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in clean condition and in good repair. Toilet rooms shall be well ventilated by use of mechanical exhaust which discharges to the outside atmosphere. Hand washing facilities provided with hot and cold running water under pressure, soap, air dryer or single service towel shall be provided in the toilet room. Signs shall be posted in all toilet rooms informing employees that they are required to wash their hands before returning to work.

B. Toilets shall be conveniently located in or immediately adjacent to the plant and shall not be located in residences.

C. A covered trash container shall be provided in each toilet 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 37:2674 (September 2011).



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