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


§1301. Receiving Station Requirements



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§1301. Receiving Station Requirements

A. Receiving stations that are required or have been authorized by the state health officer to be regulated under the HACCP requirements of this Part, shall conform with each of the HACCP requirements contained in Chapter 11 of this Part.

B. Receiving stations shall comply with the applicable provisions of the following general requirements for dairy plants:

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

7. the official sampling, of dairy plant environments and dairy products including frozen desserts (in accordance with §307 of this Part);

8. posting inspection reports (in accordance with §317 of this Part);

9. field supervision (in accordance with §319 of this Part);

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

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

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

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

14. 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);

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

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

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

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

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

20. raw milk receiving (in accordance with §905 of this Part);

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

22. receiving and handling of milk derived and non-dairy ingredients (in accordance with §909 of this Part);

23. immediate surroundings (in accordance with §911 of this Part);

24. floors (in accordance with §913 of this Part);

25. walls and ceilings (in accordance with §915 of this Part);

26. doors and windows (in accordance with §917 of this Part);

27. light and ventilation (in accordance with §919 of this Part);

28. separate rooms (in accordance with §921 of this Part);

29. toilet facilities (in accordance with §923 of this Part);

30. water supply (in accordance with §925 of this Part);

31. protection from contamination (in accordance with §929 of this Part);

32. reclaim or rework operations (in accordance with §931 of this Part);

33. dairy plant cleanliness (in accordance with §933 of this Part);

34. sanitary piping (in accordance with §935 of this Part);

35. construction and repair of containers and equipment (in accordance with §937 of this Part);

36. thermometers (in accordance with §939 of this Part);

37. cleaning and sanitization of containers and equipment (in accordance with §943 of this Part);

38. storage of single-service containers, utensils and materials (in accordance with §947 of this Part);

39. cooling of milk and dairy products (in accordance with §955 of this Part);

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

41. apparatus, containers, equipment and utensils (in accordance with §967 of this Part);

42. personnel health (in accordance with §969 of this Part);

43. notification of disease (in accordance with §971 of this Part);

44. procedure when infection suspected (in accordance with §973 of this Part);

45. personal cleanliness (in accordance with §975 of this Part);

46. cleaning of containers (in accordance with §983 of this Part);

47. rat proofing (in accordance with §985 of this Part); and

48. waste disposal (in accordance with §987 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 37:2693 (September 2011).

Chapter 15. Transfer Stations

§1501. Transfer Station Requirements

A. Transfer stations that are required or have been authorized by the state health officer to be regulated under the HACCP requirements of this Part, shall conform with each of the HACCP requirements contained in Chapter 11 of this Part.

B. Transfer stations shall comply with the applicable provisions of the following general requirements for dairy plants:

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

7. the official sampling of dairy plant environments and dairy products including frozen desserts (in accordance with §307 of this Part);

8. posting inspection reports (in accordance with §317 of this Part);

9. field supervision (in accordance with §319 of this Part);

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

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

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

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

14. 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);

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

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

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

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

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

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

21. raw milk receiving (in accordance with §905 of this Part);

22. confined space entry (in accordance with §905(D) of this Part);

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

24. immediate surroundings (in accordance with §911 of this Part);

25. floors (in accordance with §913 of this Part);

26. light and ventilation (in accordance with §919 of this Part);

27. toilet facilities (in accordance with §923 of this Part);

28. water supply (in accordance with §925 of this Part);

29. hand washing facilities (in accordance with §927 of this Part);

30. protection from contamination (in accordance with §929 of this Part);

31. dairy plant cleanliness (in accordance with §933 of this Part);

32. sanitary piping (in accordance with §935 of this Part);

33. construction and repair of containers and equipment (in accordance with §937 of this Part);

34. thermometers (in accordance with §939 of this Part);

35. cleaning and sanitization of containers and equipment (in accordance with §943 of this Part);

36. storage of single-service containers, utensils and materials (in accordance with §947 of this Part);

37. cooling of milk and dairy products (in accordance with §955 of this Part);

38. notification of disease (in accordance with §971 of this Part);

39. personal cleanliness (in accordance with §975 of this Part);

40. rat proofing (in accordance with §985 of this Part);

41. waste disposal (in accordance with §987 of this Part); and

42. vehicles (in accordance with §989 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 37:2694 (September 2011).

Chapter 17. Finished Dairy Products Depots and Transfer Points

§1701. Approval of Plans

A. All finished dairy product depots or finished dairy product transfer points that are domiciled within the state and which are hereafter constructed, reconstructed or altered shall conform to the requirements contained in this Chapter. Prior to construction, reconstruction or alteration of such facilities, written approval of plans and specifications shall be obtained 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 37:2695 (September 2011).

§1703. Basic Requirements for Finished Dairy Product Depots

A. Finished product depots shall conform with the following general requirements for dairy plants:

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. posting inspection reports (in accordance with §317 of this Part);

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

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

12. regrading or reinstatement of permit when degrade or suspension was based on laboratory analyses (in accordance with §343 of this Part);

13. regrading and reinstatement of permit when degrade or suspension was based on physical violations (in accordance with §345 of this Part);

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

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

16. receiving and handling of milk derived and non-dairy ingredients (in accordance with §909 of this Part);

17. immediate surroundings (in accordance with §911 of this Part);

18. floors (in accordance with §913 of this Part);

19. walls and ceilings (in accordance with §915 of this Part);

20. light and ventilation (in accordance with §919 of this Part);

21. toilet facilities (in accordance with §923 of this Part);

22. water supply (in accordance with §925 of this Part);

23. hand washing facilities (in accordance with §927 of this Part);

24. protection from contamination (in accordance with §929 of this Part);

25. reclaim or rework operations (in accordance with §931 of this Part);

26. dairy plant cleanliness (in accordance with §933 of this Part);

27. thermometers (in accordance with §939 of this Part);

28. cooling of milk and dairy products (in accordance with §955 of this Part);

29. use of overflow, leaked, spilled or mishandled dairy products (in accordance with §957 of this Part);

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

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

32. personal health (in accordance with §969 of this Part);

33. notification of disease (in accordance with §971);

34. procedure when infection suspected (in accordance with §973 of this Part);

35. storage of bottled or packaged milk and dairy products (in accordance with §979 of this Part);

36. sale of warm milk (in accordance with §981 of this Part);

37. rat proofing (in accordance with §985 of this Part);

38. waste disposal (in accordance with §987 of this Part); and

39. vehicles (in accordance with §989 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 37:2695 (September 2011).

§1705. Basic Requirements for Finished Dairy Product Transfer Points

A. Finished dairy product transfer points shall conform with the following general requirements for dairy plants:

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

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

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

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

10. immediate surroundings (in accordance with §911 of this Part);

11. toilet facilities (in accordance with §923 of this Part);

12. water supply (in accordance with §925 of this Part);

14. thermometers (in accordance with §939 of this Part);

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

16. storage of bottled or packaged milk and dairy products (in accordance with §979 of this Part);

17. sale of warm milk (in accordance with §981 of this Part);

18. rat proofing (in accordance with §985 of this Part);

19. waste disposal (in accordance with §987 of this Part); and

20. vehicles (in accordance with §989 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 37:2696 (September 2011).

Chapter 19. Milk Tank Truck Cleaning Facilities

§1901. Approval of Plans

A. All milk tank truck cleaning facilities that are hereafter constructed, reconstructed or altered in the state shall conform to the requirements of these regulations. Written approval shall be obtained from the state health officer of plans and specifications prior to construction, reconstruction or alteration.

B. Prior to installation or modification, written approval of plans and specifications for the design, construction and the employment of equipment shall be obtained 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 37:2696 (September 2011).

§1903. Basic Requirements for Milk Tank Truck Cleaning Facilities

A. All milk tank truck cleaning facilities shall conform with the following general requirements for dairy plants:

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

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

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

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

5. immediate surroundings (in accordance with §911 of this Part);

6. floors (in accordance with §913 of this Part);

7. light and ventilation (in accordance with §919 of this Part);

8. toilet facilities (in accordance with §923 of this Part);

9. water supply (in accordance with §925 of this Part);

10. hand washing facilities (in accordance with §927 of this Part);

11. protection from contamination (in accordance with §929 of this Part);

12. dairy plant cleanliness (in accordance with §933 of this Part);

13. sanitary piping (in accordance with §935 of this Part);

14. construction and repair of containers and equipment (in accordance with §937 of this Part);

15. thermometers (in accordance with §939 of this Part);

16. cleaning and sanitization of containers and equipment (in accordance with §943 of this Part);

17. storage of cleaned containers and equipment (in accordance with §945 of this Part);

18. storage of single-service containers, utensils and materials (in accordance with §947 of this Part);

19. use of overflow, leaked, spilled or mishandled dairy products (in accordance with §957 of this Part);

20. apparatus, containers, equipment and utensils (in accordance with §967 of this Part);

21. personal cleanliness (in accordance with §975 of this Part);

22. allergen control and sensitivity producing ingredient (in accordance with §977 of this Part); and

23. waste disposal (in accordance with §987 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 37:2697 (September 2011).

§1905. Supplemental Requirements for Milk Tank Truck Cleaning Facilities

A. Milk tank truck cleaning facilities shall conform with the following additional requirements.

1. Milk tank truck cleaning facilities shall clean or sanitize tank trucks that transport food grade products only. The cleaning or sanitization of any tank truck, tote or any type of container that has contained products that are not food grade is prohibited.

2. All equipment used in the cleaning and sanitization of milk tank trucks shall be dedicated to the cleaning and sanitization of milk tank trucks and shall not be used in the cleaning and sanitization of tank trucks that transport other food grade products without written approval of the state health officer.

3. Each dairy facility (including dairy plants, receiving stations, transfer stations and milk tank truck cleaning facilities) that cleans and sanitizes milk tank trucks 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. 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. 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.

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 37:2697 (September 2011).

Chapter 21. Dairy Products Condensing, Dairy Products Concentrating, Dairy Products Drying or Dry Dairy Products Blending Plants

§2101. Approval of Plans

A. All dairy product condensing, concentrating, drying or blending plants that are domiciled within the State and in which condensed, concentrated or dry dairy products are condensed, concentrated, dried or blended and which are hereafter constructed, reconstructed or altered shall conform in their construction to the requirements contained in Chapter 9 of this Part. Prior to construction, reconstruction or alteration, 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.

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

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 37:2697 (September 2011).

§2103. Basic Requirements for Condensed, Concentrated, Dry and Blended Dry Dairy Products and Dairy Plants that Condense, Concentrate, Dry or Blend Dry Dairy Products

A. Dairy plants which condense, concentrate, dry or blend dry dairy products which are required or have been authorized by the state health officer to be regulated under the HACCP requirements of this Part shall conform with each of the HACCP requirements contained in Chapter 11 of this Part.

B. Dairy plants that condense, concentrate, dry or blend dry dairy products shall conform with the following general requirements for dairy plants:

1. definitions (in accordance with §101 of this Part);

2. standards of identity (in accordance with , §107 of this Part);

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

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

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

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

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

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

9. labeling (in accordance with §§121 and 2121 of this Part);

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

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

12. posting inspection reports (in accordance with §317 of this Part);

13. grading (in accordance with §321 of this Part);

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

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

16. regrading and reinstatement of permit when degrade or suspension was based on physical violations (in accordance with §345 of this Part);

17. reinstatement of permit when suspension was based upon adulteration of product or contamination of pasteurized product or cheeses with pathogenic microorganisms of human significance (in accordance with §347 of this Part);

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

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

20. 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);

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

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

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

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

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

26. raw milk receiving (in accordance with §905 of this Part);

27. receiving and handling of milk derived and non-dairy ingredients (in accordance with §909 of this Part);

28. immediate surroundings (in accordance with §911 of this Part);

29. floors (in accordance with §913 of this Part);

30. walls and ceilings (in accordance with §915 of this Part);

31. doors and windows (in accordance with §917 of this Part);

32. light and ventilation (in accordance with §919 of this Part);

33. separate rooms (in accordance with §921 of this Part);

34. toilet facilities (in accordance with §923 of this Part);

35. water supply (in accordance with §925 of this Part);

36. hand washing facilities (in accordance with §927 of this Part);

37. protection from contamination (in accordance with §929 of this Part);

38. reclaim or rework operations (in accordance with §931 of this Part);

39. dairy plant cleanliness (in accordance with §933 of this Part);

40. sanitary piping (in accordance with §935 of this Part);

41. construction and repair of containers and equipment (in accordance with §937 of this Part);

42. thermometers (in accordance with §939 of this Part);

43. pasteurization, ultra-pasteurization and aseptic processing (in accordance with §941 of this Part);

44. cleaning and sanitization of containers and equipment (in accordance with §943 of this Part);

45. storage of cleaned containers and equipment (in accordance with §945 of this Part);

46. storage of single-service containers, utensils and materials (in accordance with §947 of this Part);

47. packing, bottling and wrapping (in accordance with §949 of this Part);

48. cooling of milk and dairy products (in accordance with §955 of this Part);

49. use of overflow, leaked, spilled or mishandled dairy products (in accordance with §957 of this Part);

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

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

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

53. apparatus, containers, equipment and utensils (in accordance with §967 of this Part);

54. personnel health (in accordance with §969 of this Part);

55. notification of disease (in accordance with §971 of this Part);

56. procedure when infection suspected (in accordance with §973 of this Part);

57. personal cleanliness (in accordance with §975 of this Part);

58. allergen and sensitivity producing ingredient (in accordance with §977 of this Part);

59. cleaning of containers (in accordance with §983 of this Part);

60. rat proofing (in accordance with §985 of this Part);

61. waste disposal (in accordance with §987 of this Part); and

62. vehicles (in accordance with §989 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 37:2698 (September 2011).

Subchapter A. Supplemental Requirements for Dairy Plants that Condense, Concentrate, Dry or Blend Dry Dairy Products



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