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


§2121. Supplemental Labeling Requirements for Condensed, Concentrated, Dry or Blend Dry Dairy Products



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§2121. Supplemental Labeling Requirements for Condensed, Concentrated, Dry or Blend Dry Dairy Products

A. All containers and packages enclosing condensed, concentrated, dry or blend dry dairy products defined in § 101 of this Code shall be labeled in accordance with the applicable requirements of the Federal Food, Drug and Cosmetic Act, as amended, the State Food, Drug and Cosmetic Law (R.S. 40:601, et seq.), the Nutrition Labeling and Education Act of 1990, as amended, and the regulations developed thereunder, the requirements of this Part and in addition shall be conspicuously and permanently labeled or marked with:

1. the name of the contents as prescribed by this Part, and the common name of the ingredients;

2. the grade of the product when grades for the product have been established;

3. the identity of the plant in which the product was manufactured or processed by either name and address or by permit number and identity of the state issuing such permit or by FIPS number;

4. a code or lot number identifying the contents with a specific date, run, or batch of the product, and the quantity of the contents of the container;

5. the word “goat”, “sheep”, “water buffalo” or the common name of other hooved mammals shall precede the name of the milk or dairy product when the product is made from the milk of animals other than cows; and,

6. the words, “a product of”, followed by the name of the country in which the product was processed in cases in which the product was not processed in the United States or Puerto Rico.

B. Required labeling information shall be in letters of an acceptable size, kind and color satisfactory to the state health officer and shall contain no marks or words which are misleading. Other information, such as a registered trademark design, which is not misleading and does not obscure any of the labeling requirements above may also be included.

C. Milk tank trucks transporting whey, condensed whey or concentrated/condensed dairy products to a drying plant from another dairy plant, receiving or transfer station are required to be marked with the name and address of the dairy plant or hauler and shall be sealed; in addition, for each shipment a shipping statement shall be prepared containing at least the following information:

1. shipper’s name; address and permit number;

2. permit identification of hauler, if not employee of shipper;

3. point of origin of shipment;

4. tanker permit number;

5. name of product;

6. weight of product;

7. grade of product;

9. date of shipment;

10. name of supervising regulatory agency at the point of origin;

11. whether the contents are raw, pasteurized, or in the case of cream, lowfat or nonfat milk, whether it has been heat-treated; and,

12. seal number on inlet and outlet.

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 37:2706 (September 2011).

SubChapter B. Specifications for Grade A Condensed and Dry Dairy Products and Blended Dry Dairy Products

§2123. Grade A Condensed Milk and Condensed Milk Products

A. Grade A condensed milk and condensed milk products shall conform to the standards of identity prescribed by this Part.

B. Grade A condensed milk and condensed milk products shall conform with the following microbiological, chemical and temperature requirements:

1. temperaturecooled to 7C (45F) or less immediately after processing and maintained thereat unless drying is commenced immediately after condensing;

2. standard plate countnot to exceed 30,000 cfu per gram;

3. coliform countnot to exceed 10 per gram, provided, that in the case of bulk milk transport tank shipments the coliform count shall not exceed 100 per gram;

4. phosphataseless than 350 milliunits per liter for fluid products and less than 500 milliunits per liter for other milk products by the Fluorophos ALP system or equivalent;

5. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate; and,

6. pathogensno pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2707 (September 2011).

§2125. Grade A Nonfat Dry Milk

A. Grade A nonfat dry milk shall conform with the standards of identity prescribed by this Part.

B. Grade A nonfat dry milk shall conform with the following microbiological, chemical and physical requirements not to exceed:

1. milk fat1.25 percent;

2. moisture4.00 percent;

3. titratable acidity0.15 percent;

4. solubility index1.25ml;

5. standard plate countnot to exceed 30,000 cfu per gram;

6. coliform countnot to exceed 10 per gram;

7. scorched particlesdisc B - 15.0 per gram;

8. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate; and,

9. pathogensno pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2707 (September 2011).

§2127. Grade A Whey for Condensing or Concentrating

A. The processes used in the production of Grade A whey for condensing and concentrating shall be performed in cheese manufacturing plants that are in substantial compliance with the sanitation requirements for Grade A dairy plants contained in this Part.

B. Grade A whey for condensing and concentrating shall conform to the following temperature and chemical standards:

1. temperaturemaintained at a temperature of 7C (45F) or less, or 63C (145F) or greater, except for acid-type whey with a titratable acidity of 0.40 percent or above, or a pH of 4.6 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 37:2707 (September 2011).

§2129. Grade A Pasteurized Condensed Whey

A. Grade A pasteurized condensed whey shall conform with the following bacteriological, chemical and temperature standards:

1. temperaturecooled to 10C (50F) or less during crystallization, within 72 hours of condensing;

2. standard plate countnot to exceed 30,000 cfu per gram;

3. coliform countnot to exceed 10 per gram;

4. phosphataseless than 350 milliunits per liter for fluid products and less than 500 milliunits per liter for other milk products by the Fluorophos ALP system or equivalent;

5. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate for condensed whey; and,

6. pathogens - no pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2707 (September 2011).

§2131. Grade A Dry Whey or Dry Whey Products

A. Grade A dry whey or dry whey products shall conform with the following bacteriological standards:

1. standard plate countnot to exceed 30,000 cfu per gram;

2. coliform countnot to exceed 10 per gram;

3. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate for use with dry wheyand dry whey products; and,

4. pathogensno pathogenic microorganisms of human significance.

B. The product shall conform with the standards of identity prescribed by 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 37:2707 (September 2011).

§2133. Grade A Dry Buttermilk and Dry Buttermilk Products

A. Grade A Dry Buttermilk or Dry Buttermilk Products shall conform with the following bacteriological and chemical standards:

1. standard plate countnot to exceed 30,000 cfu per gram;

2. coliform countnot to exceed 10 per gram;

3. drugsno positive results on drug residue detection test methods which the state health officer has determined to be appropriate for use with dry buttermilk and dry buttermilk products; and,

4. pathogensno pathogenic microorganisms of human significance.

B. The product shall conform with the standards of identity prescribed by 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 37:2708 (September 2011).

§2135. Other Grade A Condensed, Concentrated or Dry Dairy Products

A. Other condensed, concentrated or dry dairy products which are designated Grade A by the NCIMS shall be processed in dairy plants that are in substantial compliance with the requirements for Grade A dairy plants contained in this Part and shall conform with the following.

1. All such products shall conform with the standards of identity prescribed by this Part.

2. The products shall conform with the following bacteriological, chemical and temperature requirements:

a. standard plate countnot to exceed 30,000 cfu per gram;

b. coliform countnot to exceed 10 per gram;

c. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate; and,

d. pathogens no pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2708 (September 2011).

§2137. Blended Dry Dairy Products

A. The manufacture of blended dry dairy products shall be performed in a plant that is in substantial compliance with the requirements of this Part for dairy products condensing, dairy products drying or dairy products blending plants.

B. Blended dry dairy products shall conform with the following bacteriological standards:

1. standard plate countnot to exceed 30,000 cfu per gram;

2. coliform countnot to exceed 10 per gram;

3. drugsno positive results from drug residue detection test methods which the state health officer has determined to be appropriate; and,

4. pathogensno pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2708 (September 2011).

Subchapter C. Specifications for Extra Grade and Standard Grade Dry Dairy Products

§2139. Extra Grade and Standard Grade Dry Dairy Products

A. Extra grade and standard grade dry dairy products shall be manufactured from Grade A raw milk for pasteurization or manufacturing grade (milk for manufacturing purposes) for pasteurization.

B. Extra grade and standard grade dry dairy products shall conform with the standards of identity prescribed by this Part.

C. Extra grade and standard grade dry dairy products shall have no positive results from drug residue detection test methods which the state health officer has determined to be appropriate.

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 37:2708 (September 2011).

§2141. Bacteriological Requirements for Extra Grade Dry Dairy Products

A. Extra grade dry dairy products shall conform with the bacteriological requirements indicated below.

1. Dry whole milk:

a. standard plate count - not to exceed 10,000 cfu per gram;

b. coliform count - not to exceed 10 per gram; and

c. pathogensno pathogenic microorganisms of human significance.

2. Instant nonfat dry milk:

a. standard plate countnot to exceed 10,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

3. Nonfat dry milk (spray process):

a. standard plate countnot to exceed 10,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

4. Nonfat dry milk (roller process):

a. standard plate countnot to exceed 50,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

5. Dry whey:

a. standard plate countnot to exceed 30,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

6. Dry buttermilk:

a. standard plate countnot to exceed 20,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

7. Edible dry casein (acid):

a. standard plate countnot to exceed 30,000 cfu per gram;

b. coliform countnegative (0 cfu) per 0.1 gram; and,

c. pathogensno pathogenic microorganisms of human significance.

B. Instant nonfat dry milk and dry whey that does not meet the bacteriological requirements for Grade A or extra grade shall not be sold or otherwise provided 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 37:2708 (September 2011).

§2143. Bacteriological Requirements for Standard Grade Dry Dairy Products

A. Standard grade dry dairy products shall conform with the bacteriological requirements indicated below:

1. Dry whole milk:

a. standard plate countnot to exceed 50,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

2. Nonfat dry milk (spray process):

a. standard plate countnot to exceed 75,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

pathogensno pathogenic microorganisms of human significance.

3. Nonfat dry milk (roller process):

standard plate countnot to exceed 100,000 cfu per gram;

coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

4. Dry buttermilk:

a. standard plate countnot to exceed 75,000 cfu per gram;

b. coliform countnot to exceed 10 per gram; and,

c. pathogensno pathogenic microorganisms of human significance.

5. Edible dry casein (acid):

a. standard plate countnot to exceed 100,000 cfu per gram;

b. coliform countnot more than 2 cfu per 0.1 gram; and,

c. pathogensno pathogenic microorganisms of human significance.

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

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 37:2709 (September 2011).

Chapter 23. Butter Plants

§2301. Approval of Plans

A. All butter plants that are domiciled within the state and in which butter or butter related products are processed or packaged and which are hereafter constructed, reconstructed or altered shall conform in their construction to the requirements of these regulations. 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 manufacture of each product and prior to any product or process changes.

D. Butter plants 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.

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 37:2709 (September 2011).

§2303. Basic Requirements for Dairy Plants that Manufacture, Process or Package Butter and Butter Related Products

A. Dairy plants that manufacture, process or package butter or butter related 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. permits required for imported milk, milk products and frozen desserts (in accordance with §111 of this Part);

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

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

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

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

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

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

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

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

13. 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);

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

15. 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);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

55. 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 37:2709 (September 2011).

Subchapter A. Supplemental Requirements for Butter Plants

§2305. General Information

A. In addition to the requirements for dairy plants, all plants manufacturing butter and related products shall conform with the following additional requirements:

1. churn rooms in addition to proper construction and sanitation as prescribed by this Part, shall be so equipped that the air is kept free from objectionable odors, vapors or extreme temperatures by means of adequate ventilation, exhaust systems or air conditioning and heating systems; and

2. print and bulk packaging rooms shall in addition to proper construction and sanitation, as prescribed by this Part, provide an atmosphere relatively free from mold (no more than 10 mold colonies per cubic foot of air), dust or other airborne contamination and be maintained at a reasonable room temperature.

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 37:2710 (September 2011).



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