Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-3-16 - PRODUCTION, PROCESSING, HANDLING OR DISTRIBUTION OF MILK, MILK PRODUCTS AND FROZEN DESSERTS
Section 420-3-16-.06 - Inspection Of Dairy Farms, Milk, And Frozen Dessert Plants
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Each dairy farm, milk plant, frozen dessert plant, receiving station, and transfer station whose milk, milk products, or frozen desserts are intended for consumption within Alabama or its jurisdiction and each milk hauler/sampler who collects samples of raw milk for pasteurization, bacteriological, chemical, or temperature standards and hauls milk from a dairy farm to a milk plant, frozen dessert plant, transfer station, or receiving station and his bulk milk pickup tank and its appurtenances shall be inspected by the Health Officer prior to the issuance of a permit. Following the issuance of a permit, each bulk milk pickup tanker and its appurtenances used by a milk hauler who collects samples of raw milk for pasteurization, for bacterial, chemical, or temperature standards and hauls milk from a dairy farm to a milk plant, frozen dessert plant, transfer station, or receiving station shall be inspected/audited at least once every twenty-four (24) months. Each hauler's or sampler's pickup and sampling procedures shall be inspected at least once every twenty-four (24) months. Prior to the issuance of a permit as specified in Rule 420-3-16-.04, the Health Officer shall inspect all dairy farms, milk plants, and frozen dessert plants, the milk and/or milk products from which are intended for consumption and which are subject to provisions of these rules. Inspections of dairy farms shall be quarterly for dairies with a sanitation score of ninety (90) or more. Dairies with a sanitation score of less than ninety (90) shall be inspected monthly until such time as a score of ninety (90) or more is received. At no time shall a period of one-hundred (100) days lapse without an official inspection. Four (4) inspections per year of all milk and frozen dessert plants shall be required, but in no instance shall two (2) inspections in any one (1) month be included in the required number of yearly inspections. At no time shall a period of ninety (90) days lapse without an official inspection.
(2) The Health Officer having jurisdiction may require more frequent inspections of plants than the minimum number set forth in this rule. In case the Health Officer discovers the violation of any item of sanitation prescribed in Rule 420-3-16-.09 or 420-3-16-.10 for the grade of milk being currently produced at any dairy farm or plant, he/she shall make a second inspection of the said dairy farm or plant after a lapse of such time as he/she deems necessary for the correction of the defect or violation discovered, but not before the lapse of three (3) days. The Health Officer shall, upon finding the violation of the same item of Rule 420-3-16-.09 or 420-3-16-.10 on two (2) consecutive inspections, serve upon the permit holder a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in question and afford the permit holder a reasonable time to correct such violation.
(3) The violation of the same item in Rule 420-3-16-.09 or 420-3-16-.10 on three (3) consecutive inspections shall call for permit suspension or revocation after proper notification outlines above in accordance with Rule 420-3-16-.04 and/or court action; provided, that when the Health Officer finds that a critical processing element violation involving the following:
(4) A copy of the inspection/audit report, electronically generated or handwritten, shall be posted by the Health Officer in a conspicuous place upon the inside wall of the dairy farm, and said inspection report shall not be removed or defaced by any person except the Health Officer. Also, copies of all laboratory analysis of samples from products entering the processing plant shall be maintained on appropriate ledger forms supplying all information specified by the Health Officer. All inspection reports of milk and frozen dessert plants shall be posted by the Health Officer in a conspicuous place upon an inside wall of the plant being inspected. Said inspection reports shall not be removed or defaced by any person except the Health Officer. The inspection report shall be entered on appropriate ledger forms approved by the State Health Officer containing all information needed by the Health Officer, and this ledger shall be kept currently posted. A copy of each inspection shall be available to the Bureau of Environmental Services for records audit.
(5) Every milk producer, hauler or sampler, distributor, or plant operator shall, upon request of the Health Officer, permit access of officially designated persons to all parts of his/her establishment or facilities to determine compliance with the provisions of these rules. A distributor or plant operator shall furnish the Health Officer, upon request, for official use only, a true statement of the actual quantities of milk, milk products, and frozen desserts of each grade purchased and sold and a list of all sources of such milk, milk products, frozen desserts, records of inspections, tests, and pasteurization time and temperature records.
(6) It shall be unlawful for any person who is in an official capacity, to obtain any information under the provisions of this chapter which is entitled to protection as a trade secret (including information as to quantity, quality, source, or disposition of milk or milk products or results of inspections, audits, or tests thereof) to use such information to his/her own advantage or to reveal it to any unauthorized person.
(7) Administrative Procedures
Author: G. M. Gallaspy, Jr.
Statutory Authority: Code of Ala. 1975, §§ 22-2-2, 22-20-7.