Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 217.005-217.215, 217C.010-217C.990,
7 C.F.R.
58.131(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet.
KRS
217C.040 authorizes the secretary to adopt
rules and regulations for the inspection of dairy herds, dairy farms, and such
other matters relating to milk and milk products as may be necessary to protect
the public health. This administrative regulation sets uniform standards for
dairy herd health, milking procedures, safe handling of milk, sanitization of
all milking equipment and utensils, farm construction, and inspection of dairy
farms.
Section 1. Farm Requirements for
Milk for Manufacturing.
(1) Health of herd.
(a) General health. All animals in the herd
shall be maintained in a healthy condition.
(b) Tuberculin test. The herd shall be
located in an area within the state that meets the requirements of a modified
accredited area in which not more than one-half (1/2) of one (1) percent of the
cattle have been found to be infected with tuberculosis in accordance with the
provisions of the Bovine Tuberculosis Eradication, Uniform Methods and Rules,
2005.
1.If the herd is not located in a
modified accredited area, it shall be tested annually under the jurisdiction of
the program.
2. Additions to the
herd shall be from a modified accredited area or from herds meeting the
requirements of this administrative regulation.
(c) Brucellosis test. The herd shall be
located in an area within the state in which the percentage of cattle affected
with brucellosis does not exceed one (1) percent, and the percentage of herds
in which brucellosis is present does not exceed five (5) percent, in accordance
with provisions of the Brucellosis Eradication, Uniform Methods and Rules,
2003, for establishing and maintaining certified brucellosis-free areas.
1. If the herd is located in an area that
does not meet these requirements, the herd shall be blood-tested annually or
milk-ring-tested semiannually.
2.
Additions to the herd shall be from herds meeting the requirements of this
administrative regulation.
(2) Milking procedures. Milking shall be done
in an approved milking barn, stable, or parlor under relatively dust free
conditions.
(a) The udders, flanks, and teats
of all milking cows shall be free of dirt and dust at time of milking as far as
is practicable.
(b) Cows which
secrete abnormal milk shall be milked last or with separate equipment. This
milk shall be excluded from the supply, and shall be prohibited from sale under
this administrative regulation.
(c)
Milking directly into cans shall be prohibited.
(3) Milking barn or milking area. An approved
milking area shall be provided to allow sanitary milking operations.
(a) Work areas shall have a minimum of ten
(10) foot candles of light properly distributed for both day and night
milking.
(b) The milking area shall
be well ventilated to minimize odors and prevent excessive
condensation.
(c) Floors and
gutters shall be kept clean, in good repair, graded to drain, and constructed
of concrete or other impervious materials.
(d) No swine or fowl shall be permitted in
the milking area.
(e) Bedding shall
be permitted in the milking area if kept clean and manure is removed daily.
Bedding shall be relatively dust free.
(f) The milk area ceiling shall be dust tight
to prevent the entry of dust from feed stored overhead.
(g) Walls and ceilings shall be kept clean
and in good repair.
(h) Feed shall
be stored in a manner not to increase the dust content of the air or attract
flies in the milking area.
(i) The
milking area floor shall be kept clean and the manure removed daily.
(j) All manure removed from the milking area
shall be discarded to prevent cows from accessing the accumulation, and
minimize fly breeding.
(k) Outside
surfaces of pipeline systems located in the milking area shall be kept
clean.
(l) Milk stools, surcingles,
and antikickers shall be kept clean and stored above the floor.
(4) Cow yard and cattle housing
area. The cow yard and cattle housing area shall be constructed to be well
drained and relatively free of organic waste.
(a) The cow yard shall be graded to drain as
well as local conditions will permit.
(b) Cow yards which are muddy due to recent
rains shall not be considered in violation of this section.
(c) The cattle housing area shall be free of
excessive manure, soiled bedding, and waste material to prevent the soiling of
cows' udders.
(5)
Milkhouse or milkroom. There shall be a conveniently located milkhouse or
milkroom for the cooling, handling, and storing of milk; and the washing,
sanitizing, and storing of equipment and utensils.
(a) The floor shall be constructed of
concrete and well drained.
(b) The
walls and ceilings shall be constructed of relatively smooth, easily cleanable
material.
(c) A drain through the
floor or wall shall be provided. The drain shall not be located under the bulk
tank. The drain may discharge to the surface of the ground if waste from the
drain does not pool or cause an insect breeding problem.
(d) The milkhouse space shall be large enough
to meet the following requirements:
1.
Walkways and working areas shall be a minimum of thirty (30) inches
wide;
2. The bulk tank shall be
kept a minimum of eighteen (18) inches from the walls on all sides, except
tanks that extend through the wall; and
3. There shall be a minimum of six (6) inches
between the lowest point of the bulk tank and the floor.
(e) Artificial light shall be provided with a
minimum 100 watts capacity. The light fixture shall not be located over the
bulk tank.
(f) Ventilation shall be
sufficient to prevent odors and condensation.
(g) The milkhouse shall be kept clean and
free from unnecessary articles and used only for purposes permitted by the
cabinet.
(h) Only insecticides and
rodenticides approved for use in the milkhouse shall be stored in the
milkhouse. Insecticides and rodenticides shall be stored to prevent
contamination of milk, milking equipment, sinks, or cleaning
supplies.
(i) All outer openings
shall be screened or protected against the entrance of insects and rodents.
Outer doors shall open outward and be self-closing, except doors between the
milkroom and milking area may open either way or both ways and shall be
self-closing. If during the winter months a screen door is taken down, the
milkhouse door may open inward if it is self-closing.
(j) Bulk tank installations shall have an
approved hose port properly constructed through the outer wall for milk pickup
operations.
(k) Running water under
pressure shall be provided. Water heating facilities conveniently available to
supply hot water to the milkhouse shall be provided for all bulk tank
installations.
(l) A two (2)
compartment wash and rinse vat shall be provided; if milking equipment is
cleaned-in-place, a double compartment wash vat will be acceptable.
(m) A concrete slab at least four (4) feet by
four (4) feet shall be located outside the milk-house under the hose
port.
(n) The milkhouse shall be
supplied with approved brushes, cleaners, and sanitizers to properly clean and
sanitize equipment and utensils.
(6) Utensils and equipment.
(a) All reusable utensils, containers, and
equipment used in milking procedures, handling, storage, and transportation of
milk and milk products shall be:
1. Free from
rust, open seams, milkstone, or any unsanitary condition;
2. Washed, rinsed, drained after each
milking, stored in suitable facilities, and sanitized immediately before each
use;
3. Constructed of smooth,
heavy-gauge material, with a non-corrodible surface that is non-absorbent and
non-toxic, and can be easily cleaned; and
4. Readily accessible for
inspection.
(b) All farm
bulk tanks shall comply with
7 C.F.R.
58.131(2) for construction
and shall be installed in accordance with this administrative
regulation.
(c) Single service
articles shall be properly stored and shall not be reused.
(d) Strainers, if used, shall use
single-service strainer pads only. Woven-wire cloth strainers shall not be
used.
(e) New or replacement milk
cans shall have an umbrella-type cover.
(f) All cleaned-in-place milk pipelines shall
be rigid and self-draining. All connections shall provide a smooth, flush
interior surface.
(g) Prior to use,
all multiuse containers, equipment, and other utensils used in handling,
storage, or transportation of milk or milk products shall be subjected to a
cleaning and sanitation process.
(h) Steam, hot-water, or hot-air treatment
may be accepted if the equipment or containers are completely immersed or
exposed for the required time, or longer, and at the required temperature, or
higher, throughout the period of exposure.
(i) Pouring hot or boiling water from vessel
to vessel shall not be acceptable.
(j) All milk containers, utensils, and other
equipment, with the exception of milking machine pulsators and air hoses, shall
be immersed for at least one (1) minute in, or exposure for at least one (1)
minute to a flow of, an approved chemical bactericide containing at least fifty
(50) parts per million (ppm) chlorine or other approved sanitizer of proper
strength.
(k) All milk contact
surfaces shall be wetted by the bactericidal solutions.
(l) Bactericidal sprays may be used for large
equipment.
(m) Chemical solutions,
once used, shall not be reused for bactericidal treatment on any subsequent
day, but may be reused for other purposes.
(n) All containers and other utensils used in
the handling, storage, or transportation of milk or milk products, unless
stored in bactericidal solutions, shall be stored to drain dry, and to prevent
contamination before being used.
(o) Milk utensils and equipment shall be left
in the bactericidal solution or stored in the milk-house on racks to protect
them from contamination, inverting articles that can be inverted.
(p) Pipeline milkers that are
cleaned-in-place may be stored in place.
(q) Storage racks shall be constructed of
metal protected against rusting, with the lowest shelf not less than
twenty-four (24) inches above the floor.
(r) Strainer pads, parchment papers, and
gaskets shall be stored in the original package or in a suitable container or
cabinet to protect them from contamination.
(s) All equipment and utensils shall be
accessible for inspection.
(t)
After bactericidal treatment, containers and other milk and milk product
utensils shall be handled to prevent contamination of any surface that milk or
milk products come into contact.
(u) Sanitized product-contact surfaces,
including farm bulk tank openings and outlets, shall be protected against
contact with non-sanitized equipment, utensils, hands, clothing, splash,
condensation, and other sources of contamination.
(v) Any sanitized product-contact surface
exposed to contamination, shall be cleaned and sanitized before being
used.
Section
2. Cooling.
(1)
(a) All milk shall be cooled within two (2)
hours after milking to fifty (50) degrees Fahrenheit or lower and maintained at
a maximum of fifty (50) degrees Fahrenheit until transferred to the transport
truck, unless delivered to the plant within two (2) hours after
milking.
(b) Milk in bulk tanks
shall be cooled to a maximum of forty (40) degrees Fahrenheit within two (2)
hours after milking and maintained at a maximum of fifty (50) degrees
Fahrenheit until transferred to the transport truck.
(c) If the first milking does not reach the
bulk tank agitators, cooling shall be considered in violation.
(2) Cooling facilities shall be
available to cool and store a full supply of milk between pickup at a maximum
of fifty (50) degrees Fahrenheit.
(3) Bulk tanks shall be designed and sized
for everyday or every other day pickup. No bulk tank milk shall be picked up
after three (3) days except in case of emergency. Paper towels shall be
available for wiping the bulk tank measuring stick during milk
pickup.
(4) Milk shall not be
transferred from one (1) producer to another or received by one (1) producer
from another.
Section 3.
Water supply.
(1) Each producer shall have a
properly located and protected water supply.
(2) The supply shall:
(a) Be of a sufficient size to meet the needs
of the producer to properly clean equipment, milkhouse, and milking
area;
(b) Be protected against
surface water and, in the case of cisterns, have a filter or roof wash barrel
approved by the cabinet; and
(c)
Not be within 100 feet of any cesspool, privy, or lateral field unless approved
by the cabinet.
(3) All
new producers shall have a negative bacteriological water sample analysis prior
to the issuance of a permit.
(4) If
the cabinet is in doubt to the physical protection of the supply, a water
sample shall be collected and analyzed by the cabinet.
(5) Samples that do not meet the requirements
of this administrative regulation shall be re-tested within thirty (30) days
after notification is given to the producer in writing by the
cabinet.
(6) If two (2) consecutive
samples are found to be in excess of the coliform standard, a notice of intent
to suspend permit shall be issued by the cabinet and a follow-up sample
collected within thirty (30) days. If the follow-up sample is in excess of the
standard, the producer may be suspended until a negative sample is
obtained.
(7) A water sample shall
be:
(a) Taken after any repair or alteration
of the water supply has been made;
(b) Taken at least every thirty-six (36)
months; and
(c) Meet the
requirement of this subsection.
Section 4. Waste Disposal.
(1) Manure, discarded milk, and toilet waste
shall be properly disposed in a manner approved by the cabinet.
(2) Waste discharging to the ground surface
shall not pool or promote fly breeding.
(3) Waste from flush type toilets shall be
properly disposed underground.
(4)
Pit privies shall be properly constructed to prevent fly breeding.
Section 5. Material Incorporated
by Reference.
(1) The following material is
incorporated by reference:
(a) "Bovine
Tuberculosis Eradication, Uniform Methods and Rules", 2005; and
(b) "Brucellosis Eradication, Uniform Methods
and Rules", 2003.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at Milk Safety Branch, Division of Public Health Protection and
Safety, Department for Public Health, 275 East Main Street, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.