Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
217.015,
217C.010,
217C.020,
217C.030,
217C.060,
217C.100,
217C.990, 7 C.F.R. Part
58 Subpart B
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate the programs and fulfill the responsibilities vested in
the cabinet.
KRS
211.180(1)(c) authorizes the
cabinet to promulgate administrative regulations for the safe handling of food
and food products.
KRS
217C.040 authorizes the cabinet to promulgate
administrative regulations for the issuance and revocation of permits for milk
producers, haulers, transfer stations, processing plants, pasteurization
plants, and distributors. This administrative regulation sets uniform standards
for the production, handling, examination, grading, and sale of manufactured
milk and milk products.
Section 1.
Manufactured Milk Producer Permits and Inspections.
(1) Any person seeking to offer raw milk for
manufacturing shall submit an Application for Permit to Sell Raw Milk for
Pasteurization to the department.
(2) Prior to the issuance of a permit to a
manufacturing milk producer, the cabinet shall conduct an inspection of the
producer's facilities.
(3) If the
producer is not in compliance with
902
KAR 50:032:
(a) A
permit shall not be issued;
(b) The
violation shall be given in writing; and
(c) The violation shall be posted in a
visible place at the dairy farm.
(4) A permit shall be issued if the
inspection reveals compliance with
902
KAR 50:032.
(5) All producers shall possess a valid
permit prior to beginning shipment of milk.
(6) Permits shall:
(a) Be non-transferable with respect to
persons or locations; and
(b)
Remain valid unless suspended or revoked by the cabinet.
Section 2. Producer Eligibility
Requirements.
(1) New producers.
(a) A test for bacterial quality and sediment
shall be made in accordance with
7 C.F.R.
58.138 on the first shipment of milk or after
a period of non-shipment for more than ten (10) days.
(b) Subsequent tests of milk shall meet the
requirements for frequency of testing and producer compliance outlined in
Section 3(7)(a) of this administrative regulation.
(2) Transfer producers.
(a) Prior to collection and acceptance of
milk from a transfer producer, the receiving station shall review the official
status of the producer with the cabinet.
(b) The existing status of a transfer
producer with regard to farm sanitation and milk quality record shall be in
effect with the receiving station.
(c) A producer whose permit has been
suspended by the cabinet is not eligible to transfer until the permit has been
reinstated, unless approved by the cabinet.
(d) The receiving station shall sample each
transfer producer's milk within ten (10) days after receipt of the producer's
first shipment of milk.
(e)
Subsequent sample results shall be in accordance with the provisions of Section
3 of this administrative regulation.
(3) Grade A Producer.
(a) A Grade A producer whose permit has been
suspended shall be allowed to sell milk as a degraded producer to a
manufacturing milk company if the Grade A violative sample is within
manufacturing standards set forth in this administrative regulation.
(b) A degraded producer shall not sell milk
to a manufacturing milk company for a period in excess of ten (10) days without
applying for and obtaining a milk for manufacturing producer permit.
(c) Grade A surplus milk shall be tested or
screened by the manufacturing milk company upon arrival to ensure the milk is
in compliance with this administrative regulation.
(d) Milking by hand shall be
prohibited.
Section
3. Quality Requirements for Raw Milk.
(1) Classification of raw milk for
manufacturing purposes shall be in accordance with
7 C.F.R.
58.132.
(2) Sight and odor testing shall be in
accordance with
7 C.F.R.
58.133(a).
(3) Bacterial classification shall be in
accordance with
7 C.F.R.
58.135.
(4) Sediment content classification shall be
in accordance with
7 C.F.R.
58.134.
(5) Somatic cell count shall be in accordance
with
7 C.F.R.
58.133(b).
(6) Drug residue classification shall be in
accordance with
7 C.F.R.
58.133(c).
(7) Examinations and tests to detect
excessive water, chemical contaminants, or other adulterants shall be conducted
by the cabinet as required by the Food and Drug Administration and the United
States Department of Agriculture.
(a)
Frequency of tests.
1. Bacterial estimate:
monthly.
2. Sediment content:
monthly.
3. Abnormal milk: four (4)
times each six (6) months.
4. Drug
residues: all marketed manufacturing grade milk shall be sampled and tested for
drug residues prior to processing.
(b) Quality tests in this section shall be
performed in an official laboratory or an officially designated
laboratory.
Section
4. Personnel Health and Cleanliness.
(1) All personnel involved in production of
manufactured milk shall comply with:
(a)
7
C.F.R. 58.129, Cleanliness; and
(b)
7 C.F.R.
58.130, Health.
(2) If reasonable cause exists to suspect the
possibility of transmission of infection from any person involved with the
handling of milk for manufacturing purposes, the cabinet shall require the
following measures:
(a) Immediate exclusion of
that person from milk handling;
(b)
Immediate exclusion of the milk supply concerned; and
(c) Medical and bacteriological examination
of the person and body discharges.
Section 5. Prohibited Acts Relating to
Manufactured Milk Producers. The following acts are prohibited:
(1) No person shall produce, sell, or offer
for sale any manufactured milk or milk products without a permit as provided in
902
KAR 50:032,
902
KAR 50:033, and this administrative
regulation.
(2) No person shall
produce, provide, sell, offer, or expose for sale, or have in possession with
intent to sell, any manufactured milk or milk product which is adulterated,
misbranded, or in violation of
902
KAR 50:032,
902
KAR 50:033, or this administrative
regulation.
(3) No person shall
prohibit the inspection, taking of a sample, or access to records or evidence
to a duly authorized agent of the cabinet.
(4) No person shall remove, destroy, alter,
forge, or falsely represent any tag, stamp, mark, or label used by the
cabinet.
(5) No person shall remove
or dispose of a detained or quarantined article without proper authority from
the cabinet.
(6) Milking by hand
shall be prohibited.
Section
6. Survey Procedures.
(1) The
department may conduct a survey at least one (1) time every two (2) years on
all producers assigned to milk companies, producer associations, or producer
groups.
(2) A producer, company,
association, or group found to have an unsatisfactory rating shall be notified
and given a reasonable period of time, not to exceed six (6) months, to attain
a satisfactory rating.
(3) A
producer who fails to receive an acceptable rating upon resurvey shall be
inspected by the cabinet to determine individual compliance.
(4) A producer who fails a survey may have a
permit suspended in accordance with
902
KAR 50:032,
902
KAR 50:033, and this administrative
regulation.
(5) No producer shall
be allowed to transfer to another company during the resurvey period unless
authorized by the cabinet.
Section
7.
(1) The "Application for
Permit to Sell Raw Milk for Pasteurization", 2/2020, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Milk Safety Branch, Division of Public Health Protection and Safety, Department
for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.180(1)(c),
217C.040