Idaho Administrative Code
Title IDAPA 02 - Agriculture, Department of
Rule 02.04.05 - RULES GOVERNING GRADE A MILK AND MANUFACTURE GRADE MILK
Subchapter B - MILK AND CREAM PROCUREMENT AND TESTING
Section 02.04.05.282 - LICENSE SUSPENSION AND REVOCATION BASED ON REGULATORY SAMPLES

Universal Citation: ID Admin Code 02.04.05.282

Current through September 2, 2024

01. Two (2) Out of Four (4) Violation. Whenever the average performance error of two (2) of the last four (4) rolling groups of thirteen (13) exceed the tolerance for milkfat, protein, or solids as set forth in Subsection 281.04 of this rule, the Department will issue a written notice to the official laboratory. This notice is in effect as long as two (2) of the last four (4) rolling groups of thirteen (13) exceed the allowable tolerance for component testing.

02. License Suspension. If two (2) out of four (4) of an official laboratory's rolling groups of thirteen (13) average are out of tolerance pursuant to Subsection 281.04 of this rule, the Department will evaluate the following items prior to suspending the testing license.

a. Two (2) out of Four (4) Testing Requirement. The average performance error of each component tested by an official laboratory under a two (2) out of four (4) violation notice must be within plus or minus thirty-one thousandths percent (.031%) protein, thirty-three thousandths percent (.033%) milkfat and sixty-five thousandths percent (.065%) other solids on all scheduled sample sets, until the official laboratory no longer exceeds the performance tolerance on two (2) out of four (4) rolling groups of thirteen (13) average.
i. Test results from laboratories under a two (2) out of four (4) notice will be included in rolling group of thirteen (13) averages.

03. Three (3) out of Five (5) Violation. An official laboratory under a two (2) out of four (4) violation notice that does not meet the performance requirements listed in this section on each component of a scheduled sample set will have committed a three (3) out of five (5) violation. A three (3) out of five (5) violation will result in immediate license suspension.

04. License Reinstatement. An official laboratory may seek reinstatement of a suspended license by completing the following:

a. Clearance Test. The average performance error of the official laboratory must be within plus or minus thirty-one thousandths percent (.031%) protein, thirty-three thousandths percent (.033%) milkfat, and sixty-five thousandths percent (.065%) other solids on a sample set issued by the Department. The official laboratory will be responsible for the cost of a reinstatement sample set if it does not coincide with the normal sample set schedule. Clearance test results used for license reinstatement are not included in rolling group of thirteen (13) averages.

05. License Revocation for Repeated Out of Tolerance Test Results. If the regulatory sample results are repeatedly out of tolerance, the department may initiate steps to revoke the official laboratory's license to conduct component testing for three (3) months or more.

Effective March 15, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.