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


§967. Apparatus, Containers, Equipment and Utensils



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§967. Apparatus, Containers, Equipment and Utensils

A. Apparatus, containers, equipment and utensils used in the production, handling, storage, processing or transporting of dairy products shall not be used for any other purpose without the authorization 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 37:2682 (September 2011).

§969. Personnel Health

A. No persons affected with any disease capable of being transmitted to others through the contamination of food shall work at a dairy plant in any capacity which brings them into direct contact with finished products, such as pasteurized, ultra-pasteurized or aseptically processed milk or dairy products or which brings them into direct contact with associated pasteurized, ultra-pasteurized or aseptically processed dairy product-contact surfaces.

B. Dairy plant employees, or applicants to whom a conditional offer of employment has been made, shall be responsible to report to the dairy plant management if he/she:

1. is diagnosed with an illness due to Hepatitis A virus, Salmonella typhi, Shigella species, Norwalk-like viruses, Staphylococcus aureus, Streptococcus pyogenes, Escherichia coli, Campylobacter jejuni, Entamoeba histolytica, Giardia lamblia, Non-typhoidal Salmonella, Rotovirus, Taenia solium, Yersinia enterocolitica, Vibrio cholerae O1, tuberculosis or other infectious or communicable disease that has been declared by the state health officer to be transmissible to others through the handling of food, or has been clearly shown to be so based upon verifiable epidemiological data;

2. has been exposed to, or is suspected of causing, a confirmed foodborne disease outbreak of one of the diseases specified in §971, including an outbreak at an event such as a family meal, church supper or ethnic festival because the employee or applicant to whom a conditional offer of employment has been made:

a. prepared food implicated in the outbreak;

b. consumed food implicated in the outbreak; or

c. consumed food at the event prepared by a person who is infected or ill.

3. lives in the same household as a person who attends or works in a day care center, school, or similar institution experiencing a confirmed outbreak of one of the diseases specified in §969.B.1 above.

C. Similarly, dairy plant employees shall be instructed by the dairy plant management to report to the dairy plant management if the employee, or applicant to whom a conditional offer of employment has been made if he/she;

1. has a symptom associated with acute gastrointestinal illness such as diarrhea, fever, loss of appetite for three or more days, vomiting, jaundice; or

2. has a pustular lesion such as a boil or infected wound that is:

a. on the hands, wrists or exposed portions of the arms, unless the lesion is covered by a durable, moisture proof, tight-fitting barrier; or

b. on other parts of the body if the lesion is open or draining, unless the lesion is covered by a durable, moisture proof, tight-fitting barrier.

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 37:2682 (September 2011).

§971. Notification of Disease

A. Dairy plant operators and dairy plant management who have received reports, under §969, from employees who have handled pasteurized, ultra-pasteurized or aseptically processed milk, pasteurized milk products or associated product-contact surfaces shall immediately report these facts to the state health officer.

B. When a person has been reported under §969, or is otherwise known to meet one or more of the conditions listed under §969, and it is found that such person may have handled pasteurized, ultra-pasteurized or aseptically processed milk, pasteurized milk products or associated product-contact surfaces, the state health officer is authorized to require any or all the following measures:



1. the immediate restricting of that person from duties which require handling finished product such as, but not limited to, pasteurized milk or dairy products, or the handling of related product-contact surfaces. This restriction may be lifted after an appropriate medical clearance or cessation of symptoms or both, according to the following criteria in the following table;

Removal of Restrictions When Infection or High Risk of Infection is Discovered

Health Status

Removing Restrictions

Is diagnosed with an illness due to Hepatitis A virus, Salmonella typhi, Shigella species, Norwalk and Norwalk-like viruses, Staphylococcus aureus, Streptococcus pyogenes, Escherichia coli 0157:H7, enterohemorrhagic Escherichia coli, enterotoxigenic Escherichia coli, Campylobactor jejuni, Entamoeba histolytica, Giardia lamblia, Non-typhoidal Salmonella, Rotovirus, Taenia solium, Yersinia enterocolitica, Vibrio cholerae O1, tuberculosis or other infectious or communicable disease that has been declared by the state health officer to be transmissible to others through the handling of food or has ben clearly shown to be so based upon verifiable epidemiological data.

Restrictions lifted by medical clearance.

Meeting a high risk scenario as specified in §969.B.2 or 3 and/or experiencing symptoms in §969.C.1 or 2.

Restrictions lifted when symptoms cease or medical documentation is provided that infection does not exist.

Asymptomatic, but stools positive for Salmonella typhi, Shigella or Escherichia coli 0157:H7.

Restrictions lifted by medical clearance.

Past illness from Salmonella typhi, Shigella, Escherichia coli 0157:H7 or other human pathogens for which humans have been determined to be carriers.

Restrictions lifted by medical clearance.

In the case of diagnosed or suspected Hepatitis A, onset of jaundice within the last seven days.

Restrictions lifted by medical clearance.

In the case of diagnosed or suspected Hepatitis A, onset of jaundice occurred more than seven days ago.

Restrictions lifted by medical clearance or jaundice ceases.

2. the immediate exclusion of the affected dairy products from distribution and use when medically appropriate; and

3. the immediate requesting of medical and microbiological examination of the person at risk.

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 37:2683 (September 2011).

§973. Procedure when Infection Suspected

A. When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of dairy products, the state health officer is authorized to require any or all of the following measures:

1. the immediate exclusion from dairy products handling;

2. the immediate exclusion of the dairy products which may have in some manner been handled by such person from distribution and use; and

3. adequate medical and microbiological examination of the person or his associates, and of his and their body discharges or body fluids.

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 37:2683 (September 2011).

§975. Personal Cleanliness

A. All persons while coming in contact with dairy products, dairy containers, or dairy equipment shall conform to the following.

1. Clean outer garments shall be worn. Shorts shall not be worn as outer garments.

2. Hands shall be kept clean at all times.

3. Other than wedding bands, no jewelry, watches, chains, artificial nails, etc., shall be worn on hands, arms, around the neck or exposed flesh.

4. Adequate hair and facial hair covering shall be worn at all times.

5. Pens, pencils, thermometers or any other objects that may fall into product or equipment shall not be carried/worn above the level of the person’s waist.

6. The use of tobacco is prohibited except in designated areas in which the use of tobacco would not have a deleterious effect upon food safety.

7. Food or drink shall not be brought into or consumed in areas in which products are being processed or where equipment or containers are being cleaned or stored.

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 37:2684 (September 2011).

§977. Allergen and Sensitivity Producing Ingredient

A. Allergens of public health significance include: eggs and egg products, milk and dairy products, peanuts and peanut products, seafood/shellfish, seeds, soy and soy products, tree nuts, wheat and wheat products and sulfites.

B. Sensitivity producing ingredients are those ingredients that cause individualistic adverse reactions other than those which result in Immunoglobulin Epsilon (I-g-E) mediated allergies.

C. Allergens and sensitivity producing ingredients shall be appropriately declared in the labeling of all foods that contain allergens and sensitivity producing ingredients.

D. The dairy plant shall take appropriate steps to preclude the contamination of products that do not contain allergens or sensitivity producing ingredients with any allergenic materials or sensitivity producing ingredients. The plant shall also take appropriate steps to insure that only ingredients or substances that are listed in the labeling are in the final product. These steps shall include:

1. proper cleaning of all equipment used in the production of products containing allergens or sensitivity producing ingredients prior to the production of products that do not contain allergens or sensitivity producing ingredients (such as cleaning of equipment used to process egg nog prior to processing dairy products not containing egg products or cleaning equipment used to process dairy products prior to processing juices, flavoring non-dairy items, etc.); and

2. insuring that CIP systems and CIP solutions that have been used to clean equipment that was used to process products containing allergen or sensitivity producing ingredients does not contain allergen or sensitivity producing ingredients residues when used to clean or sanitize equipment to be used to process products that do not contain sensitivity producing ingredients.

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 37:2684 (September 2011).

§979. Storage of Bottled or Packaged Milk and Dairy Products

A. Bottled milk or packaged milk or dairy products, if stored in water or ice, shall be so stored that the tops of bottles or pouring spouts of cartons will not be submerged in the water or the ice, provided that milk or dairy products packaged in pouches shall not be stored in water or ice.

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 37:2684 (September 2011).

§981. Sale of Warm Milk

A. Any hotel, soda fountain, restaurant, grocery store, supermarket or similar establishment which sells or serves any milk or milk products may receive such milk or milk products at a temperature of 7C (45ºF) or less but, in any instance, shall be cooled and maintained at 5ºC (41ºF), provided that Ultra High Temperature (UHT) processed and packaged products are exempt from this requirement prior to being opened.

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 37:2684 (September 2011).

§983. Cleaning of Containers

A. When milk or dairy products are delivered, in multi use containers the person receiving such milk or dairy products shall thoroughly clean the containers before returning such containers.

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 37:2684 (September 2011).

§985. Rat Proofing

A. All buildings used in the production, processing and handling of dairy products shall be constructed and maintained in such a manner as to preclude rodents from entering such buildings. Effective measures shall be taken as to eliminate rodents on the outer premises of such buildings.

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 37:2684 (September 2011).

§987. Waste Disposal

A. All wastes shall be properly handled and disposed of as specified by the state health officer, in accordance with Part XXVII of the Sanitary Code.

B. Trash, solid waste and defiled dairy products shall be stored in covered, impervious, leak-proof containers in such a manner that it does not attract insects or rodents.

C. Liquid waste from stopped up or backed up drains in areas where dairy products are received, processed, handled or stored reasonably constitutes an imminent hazard to the public’s health and shall be eliminated expeditiously. Dairy products in containers which have been in contact with such aforementioned wastes and trash shall not be used for human consumption.

D. The waste resulting from the cleaning, rinsing and sanitization of containers and equipment and the cleaning of floors, walls, and vehicles and any waste from flush toilet facilities shall be disposed of so as not to contaminate the products or equipment, 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 37:2685 (September 2011).

§989. Vehicles

A. All vehicles used to transport dairy products in their final containers shall be constructed with permanent tops, sides, fronts and backs. Doors of a size necessary to allow the loading and unloading are permitted. The tops, sides, fronts, backs and doors or the interior of the compartment(s) in which the dairy products are transported shall be constructed of smooth, impervious and easily cleanable material. The floors of such compartments shall be constructed of metal or equally impervious materials and shall be easily cleanable and kept clean.

B. All vehicles used to transport dairy products in their final containers shall be provided with refrigeration equipment capable of cooling the ambient temperature of the compartments, in which dairy products are transported, to a temperature not to exceed 7C (45F).

C. The construction and operation of vehicles shall be such that dairy products are maintained at temperatures of 7C (45F) or less and protected from contamination.

D. Dairy products transported in vehicles with other products or materials shall be transported in a compartment(s) separated from other products or materials and maintained in such a manner as to preclude contamination of the dairy product. Provided, that the state health officer may authorize the transportation of items he may determine which are not reasonably likely to constitute a potential for contamination of the dairy products contained in the compartment.

E. The transportation of eggs or egg products, raw meat, raw poultry, raw fish or seafood in the same compartment(s) with dairy products shall be prohibited without written authorization from the state health officer. Such written authorization shall be predicated upon:

1. the state health officer’s approval of a written plan, submitted by the operator, describing in detail the manner in which the dairy products will be protected from contamination;

2. the state health officer’s approval of a written plan, submitted by the operator, describing, in detail, the procedures to be used by the operator to verify that the plan is being followed; and

3. failure of the operator to fulfill the requirements of the plan, shall be grounds for the seizure and condemnation of the product involved.

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 37:2685 (September 2011).

Chapter 11. Dairy Plant Hazard Analysis Critical Control Point (HACCP) Systems

§1101. Hazard Analysis Critical Control Point (HACCP) Systems

A. HACCP systems are science-based systems used to ensure that food safety hazards are controlled to prevent unsafe food from reaching the consumer.

B. HACCP Definitions



Centralized Deviation Log—a centralized log or file identifying data detailing any deviation from critical limits and the corrective actions taken as required by this document.

Control—to manage the conditions of an operation to maintain compliance with established criteria, control also means that correct procedures are being followed and criteria are being met.

Control Measure—any action or activity that can be used to prevent, eliminate, or reduce a significant hazard that is managed as a critical control point.

Control Point—any step at which biological, chemical or physical factors can be controlled.

Corrective Action—procedures followed when a deviation occurs.

Critical Control Point (CCP)—a step at which control can be applied and is essential to prevent or eliminate a food safety hazard or reduce it to an acceptable level.

Critical Limit—the value(s) to which a biological, chemical or physical parameter must be controlled at a CCP to prevent, eliminate or reduce to an acceptable level the occurrence of a food safety hazard.

Critical Listing Element—a condition that constitutes a major dysfunction likely to result in a potential compromise to food safety and shall be grounds for suspension of a permit.

Deficiency—an element inadequate or missing from the requirements of the HACCP system or of this document.

Deviation—a failure to meet a critical limit.

Hazard Analysis Critical Control Point (HACCP)—a systematic approach to the identification, evaluation and control of significant dairy products safety hazards.

HACCP Plan—the written document which is based upon the principles of HACCP and which delineates the procedures to be followed.

HACCP System—the implemented HACCP plan and pre-requisite programs including other applicable NCIMS requirements contained in the PMO.

HACCP Team—the group of people within, employed by a facility or assisting, who are responsible for developing, implementing and maintaining the HACCP system.

Hazard—a biological, chemical or physical agent that is reasonably likely to cause illness or injury in the absence of its control.

Hazard Analysis—the process of collecting and evaluating information on hazards associated with the food under consideration to decide which are significant and must be addressed in the HACCP plan.

Listing Audit—an evaluation conducted by a certified milk sanitation rating officer (that has been stardardized and certified as a HACCP listing officer by FDA) using the methodology prescribed in the Methods of Making Sanitation Rating of Milk Shippers of the entire dairy facility to ensure compliance with Chapter 11 of this Part.

Monitor—to conduct a planned sequence of observations or measurements to assess whether a CCP is under control or to assess the conditions and practices of all required Pre-requisite Programs (PPs) and to produce an accurate record for future use in verification.

Non-Conformity—a failure to meet specified requirements of the HACCP system or of this document.

Pre-Requisite Program (PP)—procedures, including good manufacturing practices, that address operational conditions providing the foundation for the HACCP system.

Potential Hazard—any hazard to be evaluated by the hazard analyses.

Validation—the element of verification focused on collecting and evaluating scientific and technical information to determine whether the HACCP plan, when properly implemented, will effectively control the hazards.

Verification—those activities, other than monitoring, that determine the validity of the HACCP plan and that the system is operating according to the plan.

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 37:2685 (September 2011).

§1103. General Requirements

A. All dairy plants, including cheese manufacturing plants and frozen dessert manufacturing plants, that are required by this Part or have been required or authorized by the state health officer to implement HACCP systems shall develop and implement HACCP systems conforming with the requirements of this Chapter.

B. The state health officer shall require that dairy plants, including cheese manufacturing plants and frozen dessert manufacturing plants, implement a HACCP system that conforms with the requirements of this Part, when in his opinion, it is in the best interest of the public health. Each dairy plant’s HACCP system, when implemented shall provide a level of product safety equivalent to the level provided by similar dairy plants that are being regulated under the provisions of other Chapters of this Part.

C. Dairy plants being regulated under the provisions of this Chapter shall comply with the following provisions of the requirements contained in this Part:

1. permits (in accordance with §109 of this Part);

2. permits required for imported milk, milk products and frozen desserts (in accordance with 111 of this Part);

3. requirements for imported dairy products (in accordance with §113 of this Part);

4. milk records (in accordance with §115 of this Part);

5. falsification of records (in accordance with §117 of this Part);

6. registration (in accordance with §119 of this Part);

7. labeling (in accordance with §121 of this Part);

8. delivery of samples (in accordance with §303 of this Part);

9. pasteurization equipment tests, examination and sealing (in accordance with §313 of this Part);

10. grades of milk and milk products to be sold (in accordance with §323 of this Part);

11. procedures in emergency (in accordance with §325 of this Part);

12. continuous grading (in accordance with §327 of this Part);

13. application for regrading, reinstatement of permit and permission to resume sale of product (in accordance with §341 of this Part);

14. Grade A raw milk for pasteurization (in accordance with §349 of this Part);

15. Grade A raw milk for pasteurization (certified for interstate milk shipment) (in accordance with §351 of this Part);

16. manufacturing grade raw milk for pasteurization (milk for manufacturing purpose) (in accordance with §353 of this Part);

17. 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 (in accordance with §355 of this Part);

18. Grade A bulk shipped, heat-treated milk and milk products (in accordance with §357 of this Part);

19. Grade A aseptically processed milk and milk products (in accordance with §359 of this Part);

20. Grade A pasteurized, ultra-pasteurized and aseptically processed milk and milk products certified for interstate shipment (in accordance with §361 of this Part);

21. milk tank trucks (in accordance with §701 of this Part);

22. sealing and protection of milk tank trucks (in accordance with §703 of this Part);

23. labeling (in accordance with §705 of this Part);

24. bulk milk tank truck operator/sampler (in accordance with §707 of this Part);

25. general requirements (in accordance with §901 of this Part);

26. approval of plans (in accordance with §903 of this Part);

27. dairy plant receivers/samplers (in accordance with §907 of this Part);

28. sale of reconstituted or recombined milk or milk products and anomalous (substitute) milk or milk products (in accordance with §959 of this Part);

29. use of inhibitors (in accordance with §961 of this Part);

30. dipping or transferring dairy products (in accordance with §965 of this Part); and

31. vehicles (in accordance with §989 of this Part).

D. The state health officer may authorize dairy plants that request permission to be regulated under the provisions of this Part to be regulated in such a manner.

E. Following are the seven HACCP principles to be included in a HACCP Plan:

1. conduct a hazard analysis for each product and process;

2. determine critical control points;

3. establish critical limits;

4. establish monitoring procedures;

5. establish corrective actions;

6. establish verification procedures; and,

7. establish record-keeping and documentation procedures.

F. Dairy plants regulated under the provisions of this Part shall perform the following HACCP Preliminary Steps:

1. Assemble a multi-disciplinary HACCP team of plant/consultant personnel.

a. Team responsibilities:

i. develop and update all written documentation;

ii. implement HACCP program;

iii. periodically verify and validate HACCP system;

iv. provide opportunities for necessary training;

v. maintain effective communication with plant management; and,

vi. interact with regulatory personnel during audits/inspections.

2. Describe the product and its distribution.

a. product description to include composition, safety characteristics, water activity, pH, and temperature requirements;

b. list of ingredients and packaging materials;

c. processing methods;

d. method of distribution; and,

e. distribution condition including frozen, refrigerated, shelf-stable.

3. Identify the intended use and consumers.

a. intended use-ingredient, retail, institutional;

b. intended and likely consumers—children, adults, elderly, healthy, sick, teenagers; and,

c. distribution area—local, regional, nationwide, international.

4. Construct a flow diagram for each product/like product and each type of process, raw materials, packaging, sequence of all processing steps including addition of rework, use of air or gases, filters, screens, clarifiers, metal detectors, storage and distribution.

5. Conduct on-site verification of each flow diagram to (each product type and process shall have a different flow diagram) ensure that the intended flow diagram is accurate, complete and is the actual flow of products through the processing flow.

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 37:2686 (September 2011).



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